Development Control (North) Committee · agricultural building (aquaponics solar greenhouse), replacement of two existing buildings with two new buildings and the stationing of plant

Horsham District Council, Park North, Horsham, West Sussex RH12 1RL Tel: 01403 215100 (calls may be recorded) www.horsham.gov.uk Chief Executive - Tom Crowley

Development Control (North) Committee TUESDAY 2ND SEPTEMBER 2014 AT 5.30p.m.

COUNCIL CHAMBER, PARK NORTH, NORTH STREET, HORSHAM Councillors: Liz Kitchen (Chairman)

Roy Cornell (Vice-Chairman) John Bailey

Andrew Baldwin Peter Burgess John Chidlow Christine Costin Helena Croft Leonard Crosbie Malcolm Curnock Laurence Deakins Duncan England Frances Haigh David Holmes

Ian Howard David Jenkins Christian Mitchell Josh Murphy Godfrey Newman Jim Rae Stuart Ritchie David Sheldon David Skipp Simon Torn Claire Vickers Tricia Youtan

You are summoned to the meeting to transact the following business

Tom Crowley Chief Executive

AGENDA 1. Apologies for absence

2. To approve as correct the minutes of the meeting of the Committee held on

5th August 2014 (attached)

3. To receive any declarations of interest from Members of the Committee – any clarification on whether a Member has an interest should be sought before attending the meeting

4. To receive any announcements from the Chairman of the Committee or the Chief Executive

5. To consider the reports of the following officers and to take such action thereon as may be necessary:

Development Manager Appeals

E-mail: [email protected]

Direct line: 01403 215465

Applications for determination by Committee – Appendix A

Item No.

Ward Reference Number

Site

A1 Rudgwick DC/14/0878 Land South of Summerfold, Church Street, Rudgwick

A2 Denne DC/14/0836 The Firs, Firs Close, Horsham

A3 Southwater DC/14/0986 Horsham Golf Park, Denne Park, Horsham

A4 Forest DC/14/1179 124 Brighton Road Horsham

A5 Rusper and Colgate

DC/14/1527

1A Gardeners Green, Rusper

6. Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances.

DCN140805

DEVELOPMENT CONTROL (NORTH) COMMITTEE 5th August 2014

Present: Councillors: Liz Kitchen (Chairman), John Bailey, Andrew Baldwin,

Peter Burgess, John Chidlow, Christine Costin, Helena Croft, Leonard Crosbie, Malcolm Curnock, Duncan England, Frances Haigh, David Holmes, Ian Howard, Christian Mitchell, Godfrey Newman, Jim Rae, Stuart Ritchie, David Sheldon, David Skipp, Simon Torn, Claire Vickers, Tricia Youtan

Apologies: Councillors: Roy Cornell(Vice-Chairman), Laurence Deakins,

David Jenkins, Josh Murphy,

DCN/23 MINUTES The minutes of the meetings of the Committee held on 17th June 2014 and

1st July 2014 were approved as a correct record and signed by the Chairman.

DCN/24 INTERESTS OF MEMBERS

Member

Item Nature of Interest

Councillor Stuart Ritchie

DC/13/2126 Personal – his business premises are opposite the site

Councillor David Holmes

DC/14/0925 Personal – he lives near the site

DCN/25 ANNOUNCEMENTS There were no announcements. DCN/26 APPEALS Notice concerning the following appeals had been received:

Appeals Lodged Written Representations/Household Appeals Service

Ref No

Site Officer

Recommendation Committee Resolution

DC/13/1829 53 Guildford Road, Horsham

Approval

Refuse

DC/13/2393 Woodlands Chase (land south of), Sedgwick Lane, Horsham

Non Determination N/A

Development Control (North) Committee 5th August 2014

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DCN/26 Appeals (Cont.) Appeal Decisions

Ref No

Site Officer Recommendation

Committee Resolution

Decision

DC/14/0008 Woodbank, Hamerpond Road, Plummers Plain

Refuse Delegated Dismissed

DC/13/2378 Lane End, Lyons Road, Slinfold

Non-Determination

N/A Allowed

DCN/27 PLANNING APPLICATION: DC/13/2126 – PART DEMOLITION AND

REDEVELOPMENT OF BISHOPS WEALD HOUSE, ALBION WAY INCLUDING CHANGE OF USE OF PART OF GROUND AND FIRST FLOOR TO PROVIDE A1/A2/A3/A5 USES, D2 AND C3 USES COMPRISING 53 APARTMENTS, AND DEMOLITION AND REDEVELOPMENT OF PART OF LIFESTYLE FORD SITE, BISHOPRIC TO PROVIDE 17 RESIDENTIAL UNITS

SITE: BISHOPS WEALD HOUSE, ALBION WAY, HORSHAM APPLICANT: WESTROCK (Councillor Stuart Ritchie declared a personal interest in this application as his business premises were opposite the site.) The Development Manager reported that this application sought full planning permission for the redevelopment of Bishops Weald House on Albion Way, and the demolition of buildings at numbers 53 to 59 Bishopric and their replacement with a block of apartments. The application therefore covered two separate sites. The two non-food retail units in Bishops Weald House fronting onto Bishopric and Worthing Road would be retained, with two additional units being added. The existing food retail unit would be retained. The ground floor level fronting onto Albion Way plus the majority of the first floor and the entire second floor currently provided office accommodation. The first floor would include a gym, and four residential units towards the Worthing Road side. A further three floors of residential units were proposed. There would be a total of 53 residential units comprising 23 1-bedroom flats and 30 2-bedroom flats. The retail units would be serviced by an existing service yard and access from Albion Way. The car parking area to the south of the service yard would be retained to provide 30 spaces for the residential units. The second element of the application proposed the demolition of 53 to 59 Bishopric and the erection of a three storey block of 17 apartments comprising eight 1-bedroom flats and nine 2-bedroom flats. There would be twelve parking spaces, six to the west of the site and six to the east.


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DCN/27 Planning Application: DC/13/2126 (Cont.) The main part of the application site, Bishops Weald House, occupied a ‘zig-zag’ shaped plot extending from the Bishopric/Worthing Road corner south along Worthing Road to a position opposite to the Bus Station. The building extended back onto Albion Way and the site adjoined Tanbridge Retail Park roundabout. The southern elevations of Bishops Weald House were adjacent to the Grade II listed Unitarian Church and its churchyard. 16 to 18 Worthing Road were to the south of the Worthing Road frontage of Bishops Weald House and the Grade II listed buildings of No’s. 20, 22-24, 26-28 and the Friends Meeting House were to the south east of the application site. The northern end of Bishops Weald House was obliquely opposite The Olive Branch Public house, a Grade II listed building. 53 to 59 Bishopric, which were to be demolished, included the Lifestyle Ford showroom and two 3-bedroom dwellings. There was also an open area used for the display of Lifestyle Ford commercial vehicles, which was opposite the Kings Arms Public House, a Grade II Listed Building.

The National Planning Policy Framework 2012; National Planning Practice Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP11, CP12, CP13, CP17 and CP19; Local Development Framework General Development Control Policies DC2, DC5, DC7, DC8, DC9, DC13, DC18, DC34 and DC40; the Horsham District Planning Framework Preferred Strategy; Local Development Framework Site Specific Allocations of Land Development Plan Document AL1 and AL2; Local Development Framework Proposals Map; Local Development Framework Supplementary Planning Document (SPD) Horsham Town Plan; and Local Development Framework SPD Planning Obligations were relevant in the determination of this application. Relevant recent planning history included: DC/10/1360 New shopfront (Bishops Weald House) Granted DC/04/2568 Variation of condition 4 of HU/36/89 to allow

opening hours from 7.30am to 11pm Sunday to Thursday and 7.30am to 11.30pm Friday and Saturday (Bishops Weald House)

Granted

HU/225/92 Change of use to health & fitness studio Granted HU/149/90 Use of ground floor as open A2/B1 financial &

professional office use; 1st floor as B1 offices & 2nd floor plant room as B1 offices (Bishops Weald House)

Granted

HU/474/89 Change of use from A3 to A1 (retail & auxillary area) (Bishops Weald House)

Granted


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DCN/27 Planning Application: DC/13/2126 (Cont.)

DC/14/0526 Demolition of all existing buildings on Lifestyle Ford site including Mazda and Horsham Bowling Club clubhouse (Lifestyle Ford)

Prior Approval

DC/13/1599 Demolition of existing buildings and redevelopment for retail purposes within Use Class A1, including car parking and undercroft parking, revised accesses, landscaping, improvements to public realm along Albion Way, Bishopric and to the Albion Way/Bishopric junction (Lifestyle Ford)

Granted

DC/07/0521 Refurbishment of existing building to accommodate motor dealership (Lifestyle Ford)

Granted

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Committee were advised that Condition 23 regarding the restricting of permitted use of the site would be amended to include A2, A3 and A5 use for the ground floor level units fronting onto Worthing Road and Albion Way. An additional Condition 26 would also be added to restrict any sub-division of the units. The Neighbourhood Council objected to the application. Four letters of comment, three of which were from the Unitarian Church, had been received. The applicant’s agent addressed the Committee in support of the proposal. Members considered the principle of the proposal and its impact on the character and appearance of the surrounding area, in particular on the Grade II Listed buildings, including the Unitarian Church. The proposal would support the local economy by delivering additional retail and leisure uses within a central, sustainable location. The provision of housing in this sustainable location was also considered acceptable. Members discussed the percentage of affordable housing provision and were advised that the scheme would not have been deliverable had a higher percentage of affordable units been included. It was requested that Members be supplied with further information regarding the housing viability appraisal and the consequential lower provision of affordable housing. It was also requested that the affordable housing type be negotiated under delegation.

Members discussed the integration of the new development in this important

location and considered whether the proposal would cause harm to the townscape of the area, including the impact on the setting of the nearest heritage asset. The design of Bishops Weald House was discussed and


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DCN/27 Planning Application: DC/13/2126 (Cont.) Members were concerned that they had not been given sufficient detail to consider the impact of the proposal on the wider locality. Members requested that opportunities to improve the design of the scheme should be considered prior to the determination of the application.

Members therefore concluded that the application should be deferred to

allow Members to fully consider the design of the Bishops Weald building and how it related to the wider area.

RESOLVED That application DC/13/2126 be deferred to allow for: (i) clarification of the design and height of Bishops

Weald House and its relation to the surrounding buildings, with a view to investigating opportunities to improve the design of the scheme.

(ii) details of the viability appraisal, and the consequential lower provision of affordable housing, to be supplied to Members.

DCN/28 PLANNING APPLICATION: DC/14/0587 – ERECTION OF

AGRICULTURAL BUILDING (AQUAPONICS SOLAR GREENHOUSE), REPLACEMENT OF TWO EXISTING BUILDINGS WITH TWO NEW BUILDINGS AND THE STATIONING OF PLANT FOR A RENEWABLE ENERGY ENTERPRISE, CHANGE OF USE OF LAND FROM AGRICULTURAL TO RENEWABLE ENERGY PRODUCTION, ADDITIONAL HARD-STANDING AND PARKING AREAS, ERECTION OF FENCE TO 2.5M, FORMATION OF 2 NO. PONDS AND ASSOCIATED EARTHWORKS AND LANDSCAPING SITE: PART OF LAND KNOWN AS BLINDMAN’S WOOD, WOODLANDS LANE, COLGATE APPLICANT: MR NICK HENDERSON & MR CHARLIE PRICE The Development Manager reported that this application sought permission for a sustainable, zero waste food production system known as Aquaponics, which comprised “Recirculating aquaculture” (land-based fish farming) and “Hydroponics” (growing plants within soil). The proposal included the erection of an agricultural building to the north east of the site, which would operate as an Aquaponics Solar Greenhouse. It would be single storey and measure 75 metres by 20 metres. The remainder of the application site and wider area within the control of the applicant would be put back into permanent use for agricultural purposes, including the planting of an orchard and pasture land for sheep and chickens.


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Two existing buildings in the centre of the eastern portion of the site would be rebuilt for a B2 use renewable energy enterprise. One building would be for storage and packing, and include office rooms. The other building would be for storage and include a biomass boiler, and wood chip store. Substantial landscape works and tree planting would also be carried out on the application site. Access to the development would be provided from the existing gated entrance from Grace Farm onto Grouse Road. A total of 21 car parking spaces would be provided for the development. The application site was within the High Weald AONB and located on the northern side of Woodlands Lane, a private road, and Grouse Road. There was dense woodland along its north and western boundaries, with hedgerows and mature trees along the eastern and southern boundaries. Whilst the application site was for agricultural use, a private equestrian development had been granted permission. The site had an undulating topography with the lowest level being at the point of the access onto Grouse Road to the south east of the site.

The National Planning Policy Framework 2012; National Planning Practice

Guidance 2014; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP10, CP13, CP15 and CP19; Local Development Framework General Development Control Policies DC1, DC2, DC4, DC5, DC6, DC7, DC8, DC9, DC25, DC26 and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application. Relevant recent planning history included: DC/08/2216 Extension and alterations to first barn to

provide 12 x stables and use of second barn for hay and storage associated with private equestrian use and grazing.

Withdrawn

DC/08/2493 Alterations to first barn to provide 4 x stables and secure storage, and refurbishment of second barn

Granted

DC/09/0528 Sand school for use within private equestrian stables.

Granted

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council objected to the proposal. Twelve letters of objection and one letter of support had been received. Three members of the public spoke in objection to the application and one member of the public spoke in support.


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The applicant and the applicant’s agent both addressed the Committee in support of the proposal. A representative of the Parish Council spoke in objection to the application. Members considered the principle of the proposal, which was primarily for agricultural use. Members noted that the proposed B2 use would be restricted to a small part of the site and therefore was not significant enough to constitute a major development. The economic benefits of the scheme were discussed and the Acquaponics element of the proposal was considered acceptable in principle. Members noted concerns that had been raised regarding the wood fuels production element of the proposal.

The development within the High Weald AONB was considered. The site was within the Landscape Character Assessment, and the Council’s Landscape Officer had not objected to the proposal as the built form within the site was unlikely to detract from the overall quality of the AONB landscape. Members noted the topography of the site and considered that the proposal would not have an adverse impact on the character of the area significant enough to outweigh the economic benefits. Members noted that the Highway Authority had objected to the scheme and discussed the impact of an increase in Heavy Goods Vehicles (HGVs) on the surrounding area, in particular on Forest Road and access to the site. Members were concerned that there would be a severe impact on the safety of other highway users caused by traffic movements generated by the proposal. Whilst Members considered that the slight adverse impact on the landscape would not outweigh the potential economic benefits, they considered that the impact of the proposal on the highway network would be significant and the proposal was therefore unacceptable.

RESOLVED That planning application DC/14/0587 be refused for the following reasons: 01 The highway network in the vicinity of the site is not

of sufficient standard to accommodate an intensification of use by LGVs. The narrow roads with few passing places could have a severe impact on the safety of highway users.


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DCN/29 PLANNING APPLICATION: DC/14/0836 – MINOR MATERIAL

AMENDMENT TO APPLICATION DC/13/0429 FOR THE ERECTION OF 27 RESIDENTIAL UNITS COMPRISING 4 X 4 BED HOUSES, 5 X 4/5 BED HOUSES, 7 X 5 BED HOUSES, 3 X 2 BED AND 2 X 3 BED HOUSES PLUS 2 X 1 BED AND 4 X 2 BED FLATS WITH ASSOCIATED ACCESS, PARKING, LANDSCAPING AND INFRASTRUCTURE INCLUDING DEMOLITION OF EXISTING STRUCTURES. THE AMENDMENT INVOLVES THE PROVISION OF A FRONT DORMER WINDOW TO UNITS 12, 13, 14 AND 15 SITE: THE FIRS, FARTHINGS HILL, HORSHAM

APPLICANT: CREST NICHOLSON SOUTH Item deleted from the agenda.

DCN/30 PLANNING APPLICATION: DC/13/2278 – PROPOSED CHANGE OF USE OF LAND FROM AGRICULTURAL TO EQUESTRIAN. RETENTION OF A HARD-SURFACED YARD FOR PARKING/ STORAGE OF A HORSE TRANSPORTER AND ASSOCIATED CAR PARKING. THE ERECTION OF STABLES, CONSTRUCTION OF A SAND SCHOOL AND THE ERECTION OF A STORAGE BARN WITH ANCILLARY OFFICE/ MESS FACILITIES SITE: LAND EAST OF NEW BARN FARMHOUSE, CAPEL ROAD, RUSPER

APPLICANT: MS LIZ O’CONNOR The Development Manager reported that this application sought permission for an equestrian development to provide a permanent base for the applicant’s business, LOC Transport Ltd, which transported horses nationally and internationally. The scheme included the erection of two buildings each containing five stables, a new 20 metres by 40 metre sand school, a main building for use as a hay/ tool store and office/mess room, and car parking for six cars. A horse transporter would be located on the existing hard-standing, which had been reduced in size.

The original proposal had included tourism use, but this had been removed in response to concerns. Additional amendments had secured the reduction in the size of the hard-standing and a reduction in the overall size of the main storage/office building and its re-positioning closer to the access. The application site was located in a countryside location on the southern side of Capel Road, some distance west of Rusper. It was in agricultural use and undeveloped with the exception of an area of hard-standing near the access in the northern boundary.


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There was hedgerow interspersed with mature trees along the boundary with Capel Road, which screened the site from public view. The site was more visible from the south. New Barn Farmhouse, a residential property, was to the east.

The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policies CP1, CP2, CP3, CP5, CP10, CP13, CP15 and CP19; and Local Development Framework General Development Control Policies DC1, DC2, DC5, DC6, DC9, DC25, DC29 and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application. There was no recent planning history relevant to this site.

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council had objected to the application. No letters of representation had been received.

Members considered the principle of the development in the context of the presumption in favour of sustainable development established in the NPPF and considered that the proposal would provide economic benefit by supporting a rural business. Members noted the amendments that had been made to the original application including the reduction in the impact of the built form. The development would be a significant distance from the closest residential dwelling and there would be no detrimental impact arising from noise or odours. Any changes to the landscape character of the site and the surrounding countryside were not considered to be significant. Members therefore agreed that the proposal was acceptable.

RESOLVED That application DC/13/2278 be granted subject to the following conditions: 01 Full planning permission time limit (3 years) 02 Details of the elevation treatment for the buildings

are to be submitted and agreed prior to the commencement of any part of the development. The development shall be implemented in accordance with the agreed plans.


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03 Details of soft landscaping to be submitted and agreed in writing prior to the occupation of any part of the development hereby approved. The development shall be implemented in accordance with the agreed plans.

04 Details of the disposal of horse waste are to be

submitted and agreed in writing prior to the occupation of any part of the development hereby approved. The development shall be implemented in accordance with the agreed plans.

05 No part of the hedgerow and trees along the

northern boundary of the site with Capel Road shall be removed without the prior agreement of the Local Planning Authority.

06 Prior to the commencement of any part of the

development hereby approved, the hard-standing area shall be reduced to the permitted size and the containers shall be removed from the site in their entirety

07 Prior to the commencement of any part of the

development a detailed car parking, cycle parking and turning area layout shall be submitted and agreed in writing by the Local Planning Authority. The development shall be implemented in accordance with the agreed plans.

08 The development shall be used only for purposes in

connection with the business of transporting horses and shall not be used as a livery, for training purposes or any other commercial uses except where agreed in writing by the Local Planning Authority.

09 No further buildings or structures other than those

approved shall be positioned on the site. 10 No more than one horse transporter shall be parked

on-site at any given time without the prior agreement in writing by the Local Planning Authority.


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11 Prior to the commencement of any part of the development hereby approved, full details of foul and surface water drainage shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

12 The burning of any materials from site clearance or

from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

13 No external lighting shall be erected on placed on

the site without the prior agreement in writing of the Local Planning Authority

REASON 01 The proposed development would meet the three

strands of sustainability within paragraph 7 of the National Planning Policy Framework.

02 The application is considered to be sustainable in

terms of the third strand of paragraph 7 (the environment), and is compliant with the criteria in paragraph 17 of the Framework. On a more local level, the application complies with policies CP1, CP3, DC2 and DC9 of the Horsham District Council Local Development Framework (2007) Core Strategy and General Development Control Policies (2007) respectively.

03 The application is compliant with section 11 of the

Framework, and policies CP2 of the Core Strategy (2007) and DC9 General Development Control Policies (2007).

04 There is not the necessary amount of harm

identified in this instance to demonstrate that there would be a severe impact on transport grounds, and on this basis the application is deemed to comply with policy DC40 of the General Development Control Policies (2007), policy CP19 of the Core Strategy (2007), and section 4 of the Framework.


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DCN/31 PLANNING APPLICATION: DC/14/0958 – REFURBISHMENT OF EXISTING

BUILDING AND PROVISION OF A TWO STOREY EXTENSION TO PROVIDE 11 NEW BEDROOMS AND SERVICE ACCOMMODATION. CONSTRUCTION OF A SINGLE STOREY EXTENSION TO PROVIDE NEW ENTRANCE AND RECEPTION AREA, FOUR NEW AND THREE EXTENDED BEDROOMS, AND ENLARGEMENT OF KITCHEN AND SUPPORT AREA. RECONFIGURATION OF EXISTING ENTRANCE AND CREATION OF NEW SECONDARY ACCESS SITE: GREENWAYS NURSING HOME, 171 COMPTONS LANE, HORSHAM APPLICANT: MR NAZIR MANJI

The Development Manager reported that this application sought permission

for an extension and refurbishment to the care home to provide an additional 15 bedrooms, bringing the total number of bedrooms to 45. The extension would provide facilities for EMI (Elderly Mentally Infirm) and other patients with acquired brain injury and learning disabilities, not necessarily age related.

The extensions included: a single storey, flat roof, front extension measuring

up to 5.5 metres; and a single storey extension to the rear of the existing building which would appear as two wings with a conservatory link; and a two storey side extension on the northern elevation to replace the existing single storey extension.

The internal layout would be refurbished and reconfigured. The access to

the site would be realigned and a new access for ambulance access would also be provided. There would a total of 22 parking spaces and one ambulance parking space.

The application site was located on Comptons Lane, which was a residential

road characterised by modest detached properties with large front and rear gardens. The boundary onto Comptons Lane consisted of a low wall with piers surmounted by railings with evergreen planting. There were residential properties to the south and west, where the boundaries included hedging and a number of mature trees.

The building was a substantial brick and tile structure orientated at right

angles to the road, surrounded by parking to the north and a garden to the east, south and west. The manager’s dwelling was in the north eastern corner of the site.

The National Planning Policy Framework 2012; National Planning Practice

Guidance; Local Development Framework Core Strategy Policies CP1, CP3, CP5 and CP12; Local Development Framework General Development Control Policies DC9, DC31 and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.


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The site had been used as a Care Home since 1959. Relevant recent planning history included: DC/13/1190 An extension to provide 17 additional

bedrooms and facilities with manager’s accommodation and associated works

Refused

DC/10/0361 Renewal of application DC/05/2999 Granted DC/05/2999 The erection of a replacement 2 storey

residential care home with accommodation in the roofspace and associated parking, change of use of 175 Comptons Lane to an 8 bed residential care home with a two storey extension to the front and rear.

Granted

HU/313/02 The erection of a single storey extension to the existing residential care home to provide 18 additional bedrooms

Granted

HU/260/01 Single storey rear extension to provide 20 additional bedrooms and facilities.

Refused

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council had raised no objection to the application. One letter of support, and nine letters of objection and an objection from the Horsham Society had been received. One member of the public spoke in objection to the application. Members considered the principle of the development . There was an identified need for additional care home facilities in the District and the site was in a sustainable location within the built-up area of Horsham. Members noted the amendments that had been made by the applicant to overcome previous concerns regarding the refused application DC/13/1190 and discussed the extent to which the amendments had addressed concerns regarding the proposal’s detrimental impact on the character of the area and on neighbouring dwellings.

Whilst there were serious concerns regarding the loss of amenity, Members concluded that the social benefit of increasing the number of rooms within an established care home outweighed the potential harm. It was considered that the proposed extensions and alterations would not have a significant adverse impact on the amenities of adjoining properties. The importance of securing appropriate screen walls or fences was noted and it was requested that Local Members be consulted regarding details of screening under Condition 2.


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Members considered the design and layout of the proposal and its effect on the amenity of neighbouring properties and the character of Comptons Lane. Members were concerned at the loss of outside amenity space for residents and discussed whether the proposed size and massing would be an appropriate form of development. The importance of securing appropriate materials to mitigate the impact of the proposal on the street scene was discussed and it was requested that Local Members be included in respect of materials under Condition 11.

Concerns regarding drainage and the water table in the area were noted and Members were advised that Condition 4 would secure appropriate foul and surface water sewerage disposal in consultation with Southern Water, and it was agreed that Local Members would be consulted in respect of Condition 4. Officers also agreed to contact Southern Water to advise them to liaise with the applicant in order to address the concerns which had been raised by residents regarding flooding.

After careful consideration of all the material considerations, Members concluded that, on balance, the proposal was acceptable in principle.

RESOLVED That application DC/14/0958 be determined by the Development Manager to allow for Local Members to be consulted in respect of: Condition 2 regarding screening; Condition 4 regarding surface water drainage and soak away provision; and Condition 11 regarding approval of materials. The preliminary view of the Committee was that the application should be granted.

DCN/32 PLANNING APPLICATION: DC/14/1024 – VARIATION OF CONDITION 6

OF PERMISSION DC/13/1126 TO EXTEND THE OPENING HOURS IN RELATION TO THE REDEVELOPMENT OF EXISTING CAR SHOWROOM SITE TO FORM A NEW DEALERSHIP COMPRISING SHOWROOMS, WORKSHOP FACILITIES, OFFICES, MOT FACILITIES AND ANCILLARY ACCOMMODATION SITE: KINGFISHER HOUSE, OLD GUILDFORD ROAD, BROADBRIDGE HEATH APPLICANT: LIFESTYLE EUROPE LTD The Development Manager reported that this application sought permission for a variation of Condition 6 of application DC/13/1126 to extend the opening hours to the business. The proposal would extend opening hours: Car Sales: from 7.30 – 18.00 to 7.30 – 19.00 Mondays to Saturdays; from 10.00 – 16.00 to 10.00 – 17.00 Sundays and Bank or public Holidays


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Workshop from 8.00 – 18.00 to 7.30 – 18.00 Mondays to Fridays; from 8:00 - 12:00 to 8:00 to 13:00 Saturdays and

Deliveries from 8.00 – 18.00 to 7.30 – 18.00 Mondays to Fridays; from 8.00 – 12.00 to 8.00 – 13.00 Saturdays. The application site was located north west of the Farthings Hill Interchange, within the built up area boundary of Broadbridge Heath. Old Guildford Road was to the north and the A264 was to the south. There were residential properties on Swan Way and Mulberry Gardens to the west. Kingfisher House, previously occupied by the Peugeot showroom, and the Citroen showroom to the south had been demolished and the new Ford/Mazda car showroom building was nearing completion. The main access was off the Farthings Hill Interchange and there was an additional access from Old Guildford Road. Both accesses were shared with the adjoining Shell petrol filling station. There were a number of trees along the road frontage and on the western boundary. The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policy CP3; Local Development Framework General Development Control Policy DC9; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application. Relevant recent planning history included: DC/13/1126 Redevelopment of existing car showroom

site to form a new dealership comprising showrooms, workshop facilities, offices, MOT facilities and ancillary accommodation.

Granted

The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council had raised no objection to the application. No letters of representation had been received. Members considered the principle of the proposal and its impact on the amenity of nearby residents. In particular the comments of the Environmental Health Officer, who had objected on the grounds of noise nuisance, were noted. Members noted that there was no parking provision for employees on the site and discussed the implications of an earlier opening time and later closing time for on-street parking in the residential streets and the adverse impact this would have on the amenity of nearby residents.


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Members were mindful of the concerns of the Environmental Health Officer concerning noise disturbance and considered the potential detrimental impact on residents and questioned whether a condition to limit audible noise from beyond the site boundary would be enforceable. Whilst the proposal would benefit a local business, Members considered that the hours of business stipulated in Condition 6 were appropriate, given the detrimental impact extended hours of working would have on the amenity of nearby residents. Members concluded that the environmental impact would outweigh the benefits and the proposal was therefore unacceptable.

RESOLVED That application DC/14/1024 be refused for the following reason: 01 The proposal would have a detrimental impact on

the amenity of nearby residents due to an increase of noise and activity on the site and the impact arising from vehicular activity.

DCN/33 PLANNING APPLICATION: DC/14/0986 – VARIATION OF CONDITION 5

OF PLANNING PERMISSION DC/09/0521 (PROPOSED COVERS TO EXISTING DRIVING RANGE BAYS INCLUDING 3 ADDITIONAL BAYS PLUS ENCLOSED LINK BETWEEN EXISTING CLUBHOUSE AND BAYS) TO ALLOW THE DRIVING RANGE TO BE OPERATED WITHOUT THE CURRENT OCTOBER-MARCH RESTRICTION SITE: HORSHAM GOLF PARK, DENNE PARK, HORSHAM APPLICANT: HORSHAM LEISURE LTD The Development Manager reported that this application sought permission to vary Condition 5, regarding the use of artificial lighting, of previously approved application DC/09/0521, which granted permission for the extension of the existing driving range, providing covered shelter for all bays and the provision of a single storey link extension between the clubhouse and driving range. Condition 5 restricted the use of artificial lighting to between 15.00 and 21.00 hours between October and March inclusive. The proposal would remove the restriction to the months of October to March, thus allowing the use of artificial lighting throughout the year. The application site was located off Worthing Road within the complex of Horsham Golf & Fitness, which comprised a driving range, clubhouse with café & pro-shop and a fitness suite. The original 9 hole golf course had been


17


closed to accommodate the new 18 hole golf course currently under construction. The driving range was to the west of the car-park with a covered link leading to the clubhouse to the north. It was open from 07.00 – 21.00 Monday to Friday and 07.00 – 20.00 Saturdays and Sundays. Lighting within the driving range was limited to the covered area of the bays, with 12 lights within the outfield formed by earth mounds which protected the specially designed low level lighting in order to minimise light spillage. Denne Park House was approximately 350 metres to the northeast of the site, along with a number of other residential dwellings. The nearest dwelling was approximately 220 metres away. Further dwellings are located to the northwest on Salisbury Road, the nearest dwelling being 500 metres away. The entrance to the Hop Oast Park & Ride car park off Worthing Road was close to the access road to Horsham Golf & Fitness, on the opposite side of the road. The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policies CP1, CP2, CP3 and CP14; Local Development Framework General Development Control Policies DC1 and DC9; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application. Relevant recent planning history included: DC/09/0521 Proposed covers to existing driving range

bays including 3 additional bays plus enclosed link between existing clubhouse and bays

Granted

DC/09/0746 Change of use of stud farm to golf course, re-configuration of existing golf course (including importation of inert material) to form a 18 hole golf course plus junior/beginners short course; bunds, mounding, landscaping and 3 new ponds. Demolition of existing farmhouse, farm buildings, green keepers compound and bothy. Refurbishment and extension of existing clubhouse to include hospitality/function facilities, new fitness suite building and extension to existing car park

Granted


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The responses from statutory internal and external consultees, as contained within the report, were considered by the Committee. The Parish Council had objected to the application. Seventeen letters of support and 22 letters of objection had been received. One member of the public spoke in objection to the proposal and a represented of the Parish Council also addressed the Committee in objection to the proposal. Members considered the impact of the proposal on the amenity of nearby residents and discussed the extent to which the extended use of lighting would impact on the area. Members noted that comments from the Head of Public Health & Licencing had not been received. Officers advised Members that there was a procedural matter with regard to the site location plan that would need to be addressed by officers prior to the determination of the application and it was therefore agreed that the item should be deferred.

RESOLVED That application DC/14/0986 be deferred to allow for any comments from the Head of Public Health and Licensing to be received, and to address a procedural matter with regard to the site location plan prior to the determination of the application.

DCN/34 PLANNING APPLICATION: DC/14/0925 – INSTALLATION OF ATM WITH 4.NO. REMOVABLE BOLLARDS SITE TESCO EXPRESS, 49 BRIGHTON ROAD, HORSHAM APPLICANT: TESCO STORES LTD (Councillor David Holmes declared a personal interest in this application as he lived near the site.) The Development Manager reported that this application sought permission for the installation of an ATM machine with cover, and four removable bollards to block vehicle access to Brighton Road when the store was shut. The proposed ATM would be sited at the front of the store covering an area approximately 11 meters square within a pre-existing ‘flat-roofed’ structure.

The application site was located on the corner of St Leonards Road and Brighton Road and comprised a single and two storey building, a Tesco Express store, set back from the highway, with associated car parking. 51 Brighton Road, to the West of the site, was a Grade II listed building.


19


St Leonards Road and Brighton Road were predominantly residential roads and Brighton Road was one of the main routes into Horsham town centre from the South East of Horsham.

The National Planning Policy Framework 2012; National Planning Practice Guidance; Local Development Framework Core Strategy Policy CP2; Local Development Framework General Development Control Policies DC9, and DC40; and the Horsham District Planning Framework Preferred Strategy were relevant to the determination of this application.

Relevant planning history included:

DC/13/0705 Installation of an ATM to the shopfront Refused

Appeal Dismissed

DC/13/0706 Installation of a canopy to the rear side Granted DC/13/0707 Installation of three AC units and one 2-

fan condenser at ground floor level to the rear of the property within an enclosed service area

Granted

DC/13/0708 Minor external alterations including new entrance door

Granted

DC/13/0709 To display 2 x externally illuminated fascia signs, 1 x diabond sign fixed to the wall, 1 x externally illuminated projecting sign, 1 x externally illuminated gantry sign in the car park, 3 x car park signs and 1 x welcome/goodbye sign fixed to walls or a pole in the car park

Granted

DC/13/0758 Widening the existing vehicular access to allow deliveries and servicing

Granted

DC/13/1675 Non-material amendment to previously approved DC/13/0706 (The installation of a canopy to the rear side) to extend the size of the canopy

Granted

DC/13/0705 had been dismissed at appeal on the grounds that overnight use could affect the living conditions of neighbouring residents due to noise and disturbance. The response from the Highway Authority, as contained within the report, was considered by the Committee. The Horsham Society had objected to the proposal, ten letters of objection and one letter of support had been received. One member of the public spoke in objection to the application and the applicant’s agent addressed the Committee in support of the proposal.


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Members considered the principle of the proposal and its effect on highway safety and the free flow of traffic. Members noted that the ATM would not be available outside the shop’s opening hours and questioned why the proposal had not been located within the shop, thus removing the need for the shutter and bollards. Whilst the reason that the appeal had been dismissed appeared to have been addressed, Members noted that since the Inspector’s decision the use of the store had increased significantly. Members were concerned that since March 2013 there had been a material change in circumstances that had led to increased congestion, parking issues and increased traffic movements generated by shoppers. Members discussed the implications of the proposal and considered that existing highway, visibility and parking issues would be exacerbated by the proposal, leading to congestion and road safety issues. Members were also mindful of the concerns of neighbouring residents regarding noise generated by traffic entering and leaving the site. After careful consideration of all the material considerations, Members concluded that the benefits of the scheme did not outweigh the harm and the proposal was therefore unacceptable.

RESOLVED That application DC/14/0925 be refused for the following reasons: 01 That there had been a material change in

circumstances since the Appeal Inspector’s decision in March 2013.

02 That the greater level of activity and vehicle movements on the site would create noise and disturbance that would have an adverse impact on neighbouring amenity.


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DCN/35 PLANNING APPLICATION: DC/13/1890 – DEVELOPMENT OF 33

DWELLINGS AND ASSOCIATED ACCESS, PARKING AND LANDSCAPE ARRANGEMENTS SITE: LAND NORTH OF RINGLEY ROAD, HORSHAM

APPLICANT: PERSIMMONS HOMES LTD

The Development Manager reported that this application sought permission for the erection of 33 dwellings, including 40% affordable housing, on land that formed part of the Parsonage Farm commercial site. The dwellings would include: 13 affordable units comprising six 1-bedroom flats, five 2-bedroom houses and two 3-bedroom houses; and fourteen 3-bedroom houses and six 4-bedroom houses. The application included access, parking and landscaping. Access would be from Ringley Road, which was a cul-de-sac, through an extension of the existing turning head at the end of the road. There would be a total of 75 parking spaces. 54 parking spaces would serve the 20 open market houses and 19 parking spaces would serve the 13 affordable dwellings. The application had been considered by the Committee in February 2014 (Minute No. DCN/111 (04.02.14) refers), when planning permission had been granted subject to consultation with the local ward Members, Vice-Chairman and Chairman of the Committee. The application site was located within the built up area of Horsham and was open land used in connection with the Parsonage Farm commercial site. There was currently no vehicular access onto Ringley Road. The site was to the east and south of the Parsonage Farm site. It was west of properties to the rear of properties fronting onto Rusper Road, and also west of properties in Naldrett Close and Foxleigh. Bungalows in Ringley Road were to the south of the site. Members were referred to the previous report which contained details of relevant policies, planning history, the outcome of consultations and a planning assessment of the proposal. It was reported at the meeting that an additional letter of objection had been received. Three members of the public spoke in objection to the application and the applicant’s agent addressed the Committee in support of the proposal. There had been no changes made to the application, which had previously been considered and approved. Members noted the proposed conditions, in particular Condition 3 regarding a Construction Environmental Management Plan and Condition 5 regarding contaminated land, which had been drafted in consultation with relevant Members. Details of the legal agreement had been finalised. The applicant had withdrawn their request to make phased payments and contributions would be made on first occupation of the site.


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Members noted local residents’ concerns regarding disruption during construction, and it was confirmed that the applicant had obtained agreement from the neighbouring landowner to allow construction traffic to use Parsonage Road, and that construction traffic would not enter or leave the site through Ringley Road. The main access after completion of the development would be through Ringley Road. Concerns that the public sewer would be installed down Ringley Road were discussed. Details of the route of the public sewer had not been confirmed and it was noted that, whilst the applicant would advise Southern Water to avoid Ringley Road, this could not be controlled by condition. Members discussed the need to ensure any contaminated land was satisfactorily addressed and the proposed Condition 5 regarding contamination of the site was discussed. The concern which the proposal had caused to local residents was discussed and Members requested that the revised conditions be made available to residents to reassure them that their concerns would be addressed. It was also requested that the developer supply a point of contact to local residents to ensure they be kept updated during construction of the scheme. Members concluded that the conditions would satisfactorily address areas of concern, and the terms of the legal agreement were acceptable.

RESOLVED That application DC/13/1890 be granted subject to the following revised conditions: 01 The development hereby permitted shall be begun

before the expiration of three years from the date of this permission.

02 No development shall be commenced unless and

until a schedule of materials and samples of such materials and finishes and colours to be used for external walls and roofs of the proposed building(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.


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03 No development shall take place on the site, including any works of demolition, until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. Thereafter the CEMP shall be implemented and maintained throughout the entire construction period, in accordance with the approved details, unless any variation is approved in writing by the Local Planning Authority. The CEMP shall include:

- details of a communication strategy for

residents to contact the site manager directly with complaints which should be manned at all times while site works are in progress

- the method of access and routing of vehicles

during construction, and details of a holding area/ location for early deliveries outside of the permitted hours in condition 4

- the anticipated number, frequency and types of

vehicles used during construction - the parking of vehicles by site operatives and

visitors - the loading and unloading of plant, materials

and waste - the recycling, removal and disposal of waste

materials including an agreed traffic route for the waste vehicles

- details of the arrangements for deliveries and

the storage of plant and materials used in construction of the development

- the location of site offices and telephone

number of the site agent - the erection and maintenance of security

hoardings


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DCN/35 Planning Application: DC/13/1890 (Cont.) - the provision of wheel washing facilities and

other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders)

- measures to control the emission of dust and

dirt during demolition and construction, - lighting for construction and security - details of public engagement both prior to and

during construction works 04 No work for the implementation of the development

hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

05 Prior to the commencement of development

approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

a) A preliminary risk assessment which has

identified:

- all previous uses - potential contaminants associated

with those uses - a conceptual model of the site

indicating sources, pathways and receptors

- potentially unacceptable risks arising from contamination at the site.

b) A site investigation scheme, based on (a) to

provide information for a detailed assessment


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DCN/35 Planning Application: DC/13/1890 (Cont.) of the risk to all receptors that may be affected, including those off site.

c) The site investigation results and the detailed

risk assessment (b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d) A verification plan providing details of the data

that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.

06 If, during development, contamination not previously

identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

07 No development shall commence until such time as

revised plans and details Incorporating the recommendations given in the Stage 1 Road Safety Audit and accepted in the Designers Response have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The recommendations include; a gateway/speed reducing feature, pedestrian crossing point at the existing turning head in Ringley Road and the continuous footway link on the eastern side of the road.


26

DCN/35 Planning Application: DC/13/1890 (Cont.) 08 The dwellings shall not be occupied until the

roads(s), footways, and casual parking areas serving the development have been constructed, surfaced and drained in accordance with plans and details to be submitted to and approved by the Local Planning Authority.

09 The dwellings shall not be occupied until the vehicle

turning space has been constructed within the site in accordance with the approved site plan. This space shall thereafter be retained at all times for this designated use.

10 The dwellings shall not be occupied until the car

parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose.

11 The garage buildings shall be used only as private

domestic garages for the parking of vehicles incidental to the use of the properties as dwellings and for no other purposes.

12 Before development commences, details of the

provision of facilities for the parking of cycles shall be submitted to and approved by the Local Planning Authority and the facilities so provided shall be thereafter retained solely for that purpose.

13 Notwithstanding the details shown on plan number

01.D received on 30.9.2013, no development shall take place until details of the design and construction of the pedestrian/cyclist/emergency vehicle access through to Parsonage Farm have been submitted to and approved in writing by the Local Planning Authority and no dwellings shall be occupied until the pedestrian/cyclist/emergency vehicle access has been provided. It shall be used only by pedestrians, cyclists and for emergency vehicles and shall not be used by vehicular traffic, apart from emergency vehicles. Thereafter the pedestrian/cyclist/emergency vehicle access shall be retained as approved and maintained in accordance with the approved details.


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DCN/35 Planning Application: DC/13/1890 (Cont.) 14 No development shall take place until details of

screen walls, fences and/or acoustic fences have been submitted to and approved in writing by the Local Planning Authority and no dwellings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details.

15 Notwithstanding the provisions of the Town and

Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re-enacting the same, no gate, fence, wall or other means of enclosure shall be erected or constructed in front of the forwardmost part of any proposed building which fronts or faces onto a highway or vehicular access serving the site unless prior written permission has been granted by the Local Planning Authority (pursuant to an application for the purpose).

16 Before development commences precise details of

the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details.

17 No development shall take place until a plan

showing the accurate position of the public surface water sewer and details of the measures to be undertaken to protect or divert this apparatus has been submitted to and approved by the Local Planning Authority. The development shall be completed in accordance with the approved details.

18 The dwelling(s) / building(s) hereby permitted shall

not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.


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DCN/35 Planning Application: DC/13/1890 (Cont.) 19 No works or development shall take place unless

and until full details of all hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. All such works as may be approved shall then be fully implemented in the first planting season, following commencement of the development hereby permitted and completed strictly in accordance with the approved details. Any plants or species which within a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

20 No development, including works of any description,

including demolition pursuant to the permission granted, ground clearance, or bringing equipment, machinery or materials onto the site, shall take place until the following preliminaries have been completed in the sequence set out below:

(a) All required arboricultural works, including

permitted tree felling and surgery operations and above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing to be completed and cleared away;

(b) All trees on the site targeted for retention, as

well as those off-site whose root protection areas ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 9 of BS 5837 'Trees in Relation to Construction' (2005). Once installed, the fencing shall be maintained during the course of the development works and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those


29

DCN/35 Planning Application: DC/13/1890 (Cont.) materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

21 Prior to the commencement of development a

detailed long term Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved by the Local Planning Authority in writing.

The plan shall include: - Aims and Objectives - A description of Landscape Components - Management Prescriptions - Details of maintenance operations and their timing

- Details of the parties/organisations who will be maintain and manage the site, to include a plan delineating the areas that they will be responsible for

The plan shall demonstrate full integration of

landscape, biodiversity and arboricultural considerations. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved in writing by the Local Planning Authority.

22 Prior to the commencement of the development full

details of all underground services, including the position/layout, sizes and depths of service ducts, pipes, soakaways, manhole covers, and any above ground boxes/units shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 18, and with existing trees on the site by submission of a plan overlaying these details on the landscape scheme. All such underground services shall be installed in accordance with the approved details.


30

DCN/35 Planning Application: DC/13/1890 (Cont.) 23 The burning of any materials from site clearance or

from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining.

24 The development and works shall be executed in full

accordance with the submitted Arboricultural Method Statement.

25 The dwelling(s) shall achieve a Code Level 3 in

accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

26 The development hereby permitted shall not be

commenced until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority.

The scheme shall include details of how the scheme

shall be maintained and managed after completion and details of flood flow routes, should the system be exceeded. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

27 The development hereby permitted shall not be

commenced until such time as a scheme to dispose of foul drainage has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

28 The internal layout of the flats hereby approved shall

accord with the approved floor plans and shall not be altered or amended in any way without the prior approval in writing of the Local Planning Authority.


31

DCN/35 Planning Application: DC/13/1890 (Cont.) 29 Before development commences a scheme of works

shall be submitted to and approved in writing by the Local Planning Authority to ensure good internal noise levels as defined in BS8233:1999 are achieved in all habitable rooms of the proposed flats. The scheme as approved by the local planning authority shall be fully installed before the flats are occupied and thereafter retained.

30 Notwithstanding the provisions of the Town and

Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re-enacting the same, the building(s) shall not be extended on any elevation which front or face onto a highway or vehicular access serving the site, unless planning permission has been granted by the Local Planning Authority on application in that respect.

31 Any additional windows that may be installed and

that are not shown on these approved plans above ground floor level of the dwellings shall be obscured glazed and non-opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

REASON 01 The planning conditions and legal agreement,

together, provide for the securement of all the necessary details and additional information that is required to provide for the appropriate delivery of the development of this site.

02 The planning contributions will be secured in such a

manner as to ensure that the development appropriately mitigates its impacts.

The meeting closed at 10.01pm having commenced at 5.30pm. CHAIRMAN


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DEVELOPMENT CONTROL (NORTH) COMMITTEE - 2ND SEPTEMBER 2014 REPORT BY THE DEVELOPMENT MANAGER

APPEALS

1. Appeals Lodged

I have received notice from the Department of Communities and Local Government that the following appeals have been lodged:-

2. Written Representations/Householder Appeals Service

Ref No. Site Appeal Officer Recommendation


DC/13/1926

Windacres Farm Church Street Rudgwick

In Progress Permit Permit

DC/14/0887

Land West of Blakes Farm Cottage, Southwater Street, Southwater

In Progress Non Determination N/A

3. Public Inquiry/Hearing



DC/13/2170 (Inquiry)

Sussex Topiary, Naldretts Lane, Rudgwick, Horsham

In Progress Permit Refuse

DC/13/2191 (Hearing)

Land East of Swains Cottage, Tismans Common, Rudgwick

In Progress Refuse N/A

4. Appeal Decisions

I have received notice from the Department of Communities and Local Government that the following appeals have been determined:-



DC/12/0877

Linden House, Chart Way,Horsham

Dismissed Permit Refuse

Appeal Decisions (Cont.)



DC/13/2180

The Lodge, Southbourne Court Farm, Polecat Lane, Copsale

Dismissed Refused N/A

DC/13/2261

Robinswood, Church Lane, Broadbridge Heath, Horsham

Part Permitted

Non Determination N/A

DC/13/0988

Upper Swaynes Barn, Guildford Road, Horsham

Dismissed Refused N/A

DC/13/1960

Locksleys, Kerves Lane, Horsham

Allowed Permit Refuse

APPENDIX A/ 1 - 1

Contact Officer: Helen Lowe Tel: 01403 215346

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 2nd September 2014

DEVELOPMENT: Erection of 25 residential dwellings to include 15 private units and 10 affordable units, associated parking and amenity space

SITE: Land South of Summerfold Church Street Rudgwick West Sussex

WARD: Rudgwick

APPLICATION: DC/14/0878

APPLICANT: Mr H Robbie

REASON FOR INCLUSION ON THE AGENDA: Category of development RECOMMENDATION: That planning permission be delegated for approval to the Development

Manager subject to securing a S106 legal agreement and appropriate conditions.

1. THE PURPOSE OF THIS REPORT

To consider the planning application. DESCRIPTION OF THE APPLICATION

1.1 The application seeks full planning permission for the erection of 25 No. dwellings with

associated access, parking and landscaping works. The vehicular access to the proposed development would be from Summerfold, via the existing turning head spur situated just to the west of No. 7. This would then lead in a south easterly direction towards the centre of the site, following which the road would fork to create a branch running towards the south western corner and a branch running towards the east.

1.2 The proposed dwellings would comprise 3 No. 1 bed houses, 13 No. 2 bed houses, 6 No. 3

bed houses and 3 No. 4 bed houses. It is proposed that 15 No. units would be provided as market housing and 10 No. units would be provided as affordable housing. The proposed dwellings would be formed of two short rows of terraces (3 No. dwellings each), semi-detached and detached properties. It is proposed that the dwellings would be two storeys in height under pitched and hipped roofs, with some exhibiting lowered eaves levels and partial dormer windows. The submitted details indicate the use of a variety of materials, including both red and buff brick, tile hanging and some render and the incorporation of chimneys, porches and brick detailing.

1.3 In summary, the proposed development would provide the following:

APPENDIX A/ 1 - 2

· 8 No. garage spaces · 49 No. car parking spaces

Market housing

· 10 no. 2 bed houses · 2 No. 3 bed houses · 3 No. 4 bed houses

Affordable housing

· 3 No. 1 bed houses · 3 No. 2 bed houses · 4 No. 3 bed houses

DESCRIPTION OF THE SITE

1.4 The application site lies to the south of Summerfold, adjacent to but outside of the built-up area boundary of Rudgwick, a category 2 settlement as defined within the Horsham District Local Development Framework. The site lies to the south of No’s. 4 to 7 Summerfold, to the east of Mariners and Orchard House, Church Street and Copper Beech and Homestead, The Ridge and to the north of an area of recreational open space. To the east of the site lies open countryside and there is an existing public right of way (public footpath No. 1396) running adjacent to the northern part of the eastern boundary. The total site extends to approximately 1.6 hectares.

1.5 The site at present is largely comprised of open rough grassland, with some mature trees grouped to the eastern side of the access point with Summerfold and to the rear of Copper Beech, The Ridge. The southern and eastern boundaries of the site are defined by rows of mature trees and vegetation, with the northern and western boundaries being formed by a mix of mature vegetation, 1.5 to 2m high hedgerows, fencing and a short open stretch to the rear of No. 7 Summerfold. The ground level of the site generally drops down gradually towards the south, with the south western corner being the lowest point. This drop in ground level results in some longer distance views being available towards the South Downs. The north eastern corner also drops away towards the adjacent public footpath and a pond is accommodated in this area.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990 RELEVANT GOVERNMENT POLICY 2.2 National Planning Policy Framework (2012) (NPPF)

- Section 4: Promoting sustainable transport - Section 6: Delivering a wide choice of high quality homes - Section 7: Requiring good design - Section 8: Promoting healthy communities - Section 10: Meeting the challenge of climate change, flooding and coastal change - Section 11: Conserving and enhancing the natural environment

2.3 Planning Policy Guidance (2014) Technical Guidance to the NPPF (2012)

APPENDIX A/ 1 - 3

RELEVANT COUNCIL POLICY 2.4 Local Development Framework: Core Strategy (2007) policies:

- CP1: Landscape and Townscape Character - CP2: Environmental Quality - CP3: Improving the Quality of New Development - CP5: Built-Up Areas and Previously Developed Land - CP8: Small Scale ‘Greenfield’ Sites - CP12: Meeting Housing Needs - CP13: Infrastructure Requirements - CP15: Rural Strategy

2.5 Local Development Framework: General Development Control Policies (2007) policies:

- DC1: Countryside Protection and Enhancement - DC2: Landscape Character - DC5: Biodiversity and Geology - DC6: Woodland and Trees - DC7: Flooding - DC8: Renewable Energy and Climate Change - DC9: Development Principles - DC18: Smaller Homes/Housing Mix - DC22: New Open Space, Sports and Recreation - DC40: Transport and Access

2.6 Local Development Framework: Supplementary Planning Documents:

- Facilitating Appropriate Development (2009) (FAD) - Planning Obligations (2007)

2.7 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by

Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. This planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application.

PLANNING HISTORY

DC/12/2232 Erection of 20 dwellings comprising 10 affordable units (7 x 2 bed & 3 x 3 bed) and 10 market housing units (10 x 4/5 bed) and associated private amenity space and parking (Outline Planning)

Refused 13.03.13 Appeal Dismissed

2.8 Application DC/12/2232 was refused outline planning permission on the grounds: that the

development would be located in the countryside outside the built-up area boundary of Rudgwick; that it had not been adequately demonstrated that the development would meet specific local housing needs; that the development would be visually intrusive and detrimental to the landscape; and, that no affordable housing provision or contributions towards infrastructure improvements had been secured.

2.9 The subsequent appeal was dismissed in August 2013 on the grounds of a poor layout and

lack of clarity in relation to future ownership of trees and landscaped areas. The appeal decision is attached as an appendix to this report. The Inspector determined that the layout did not respond to the special character and sloping nature of the site; that the relationship

APPENDIX A/ 1 - 4

of dwellings to retained trees to the eastern boundary was unacceptable; and that, although in outline form, further clarity was needed in terms of who would be responsible for landscaped areas.

2.10 Notwithstanding this, it should be noted that the Inspector did not find the proposed

development of open market and affordable housing on this site to be unacceptable in principle and concluded that the site would be reasonably sustainable in terms of the accessibility of facilities and services. The Inspector was also mindful that mitigation measures to safeguard protected species across the site could be ensured through conditions and concluded that the site is visually well contained and that while on the edge of the settlement, can be seen as a logical extension to it.

3. OUTCOME OF CONSULTATIONS 3.1 Where consultation responses have been summarised, it should be noted that Officers

have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk

INTERAL CONSULTATIONS

Environmental Health (summarised): Comment

· The submitted information has not identified issues that are likely to prove significant with respect to ground contamination.

· However, there is always the potential for unsuspected contamination to be present and as such a condition is recommended.

Landscape Architect (summarised): No objection

· Satisfied that there will be no significant landscape and visual impacts on land to the south and east;

· This current application sets development appropriately distant from the large Oak and Ash trees to the eastern boundary;

· There are attractive long distance views, seen between hedgerow trees on the southern boundary, toward the South Downs and it appears that these would be largely blocked by development. However, it is not considered that this would justify refusal of the scheme on this basis alone;

· The design response to this edge of village site is considered reasonable; · A couple of changes to the submitted landscape proposals are sought and could

be provided before determination, or secured by condition.

Leisure Services (summarised): No comments

Strategic Housing Manager (summarised): Comment · The proposal includes 10 units for affordable housing provision, this represents

40% of the total number of units; · Policy CP12 states that in smaller settlements (those with a population of less than

3,000) only schemes providing 100% affordable housing units will be granted; · Rudgwick is a category 2 settlement where 100% affordable housing should be

provided unless there is evidence of a local need for market housing; · The proposed affordable units would comprise 3 x 1 bed houses, 3 x 2 bed houses

and 4 x 3 bed houses, whilst the majority of need is for 1 and 2 bed homes, there will be local families with a connection to Rudgwick Parish who have no other means of access to suitable housing other than through schemes of this type;

· The applicant intends to transfer the affordable units to Affinity Sutton, a housing association that owns and manages stock in the District and with experience of rural affordable housing. There have been discussions between Affinity Sutton, the

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Council’s Strategic Housing Manager and the Parish Council; · All of the affordable units are to be provided for affordable rent, enabling those on

low to moderate incomes access to housing in the village. The tenure and local connection requirements for the properties shall be controlled through a S106 agreement.

Officer Comment: The reference to schemes in smaller settlements providing 100% affordable homes is discussed in further detail below and in the context of the District wide basis for considering housing need.

Strategic Planning (summarised): No objection · The Council’s Annual Monitoring Report 2012/2013 (published December 2013)

shows that Horsham District does not have a five year supply of housing sites, set against the target set out within the South East Plan (SEP);

· The NPPF states that in the absence of a demonstrable five year housing supply, relevant policies for the supply of housing should be considered out-of-date and therefore developments should be considered in accordance with the presumption in favour of sustainable development and relevant policies of the Development Plan should be used in a positive way to secure the delivery of housing to meet the five year supply deficit;

· The site should also be considered in relation to the Facilitating Appropriate Development (FAD) SPD and is considered to meet the relevant criteria of this SPD and that the principle of market and affordable housing is therefore acceptable;

· The previous appeal Inspector concluded that the principle of development was acceptable and that the site was reasonably sustainable, this is a material consideration in the determination of this application.

Technical Services (Drainage) (summarised): No objection subject to condition

· The applicant has submitted a Flood Risk Assessment (FRA) which indicates that SuDS principles have been considered, however, further detail will be required at the design stage;

· The submitted FRA identifies the local land drainage network and the developer is asked to consider some form of mitigation in order that this situation is not exacerbated;

· Conditions are recommended to ensure control of the above.

OUTSIDE AGENCIES

Environment Agency (summarised): No objection · The site is located within Flood Zone 1, defined by the NPPF has having a low

probability of flooding. In this instance, we have taken a risk based approach and will not be providing bespoke comments or reviewing the technical documents in relation to this proposal.

Southern Water (summarised): Recommends conditions and informatives

· There are foul and surface water sewers running across the site and the exact position of these public sewers must be determined by the applicant and any necessary diversions paid for at the developer’s expense;

· There is currently insufficient capacity in the local network to provide foul sewage disposal to service the proposed development. Improvements or additional capacity would therefore be required to service the development.

Sussex Police (summarised): Refers to previous comments on DC/12/2232

· In the main the development has outward facing dwellings with good active

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frontages to streets and public areas; · Parking is largely provided within curtilage or small parking courts leaving street

free and unobstructed. Communal parking areas should be within view of active rooms;

· Public spaces and private areas should be clearly defined with frontages open to view but with adequate perimeter fencing to vulnerable areas;

· Blank windowless elevations adjacent public spaces should be avoided; · Careful consideration should be given the lighting of car parking and around

buildings and communal areas.

WSCC Archaeology (summarised): No objection subject to condition · The topography of the site, occupying high ground above a stream valley in the

Sussex Weald, is such that it represents a potential location for an ancient settlement;

· Archaeological features on such sites usually survive just below topsoil and are therefore vulnerable to adverse impacts from construction works. The footprint of the development is of a moderate size and it is recommended that provision should be made for the investigation and recording of any archaeological remains. This can be secured through an appropriate condition.

WSCC Ecology (summarised): No objection subject to condition

· A number of ecological surveys have been undertaken and submitted to address particular site issues;

· A European Protected Species Licence is required for works to proceed on this site and this will encompass a mitigation strategy to ensure that the development is designed to protect newts during the construction phase and to minimise long-term impacts upon the local Great Crested Newt population. The proposed outline mitigation is sufficient to facilitate a Licence.

WSCC Highways (summarised): No objection subject to conditions

· The site would be accessed from Summerfold, a no through road currently serving 7 No. dwellings. Summerfold is a 4.8m wide shared surface without footways which forms part of the adopted public highway. Such an arrangement is appropriate for low speed lightly trafficked situations;

· It is proposed to continue the shared surface into the development, which is acceptable given the quantum of development;

· The applicant will need to enter into a minor works agreement with the Authority for the access works;

· The submitted transport statement indicates that the proposal would lead to an increase of 15 No. vehicular movements in the AM peak and 17 No. in the PM peak, based on TRICS data. The increased traffic flows would remain significantly below the Manual for Streets threshold for shared surfaces;

· The existing Summerfold access onto the B2128 (Church Street) would be retained and a stage 1 road safety audit has been carried out and submitted with a designers response to address the intensification of use of this access;

· The development would be accessible to large refuse vehicles and 56 car parking spaces would be provided, which accords with the WSCC parking demand calculator, although some of these spaces should be provided for visitors.

WSCC Rights of Way (summarised): No objection

· Public Footpath No. 1396 runs immediately to the east of the northern half of the site;

· Planting along the eastern boundary should leave plenty of room for walkers and be managed to prevent encroachment;

· The footpath should be kept open at all times during construction, unless prior

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consent has been granted by WSCC; · No drainage should be discharged onto the public footpath; · The developer should consider creating an exit from the development onto the

public footpath and undertaking works to improve the surface of the footpath.

PUBLIC CONSULTATIONS

Rudgwick Parish Council (summarised): Objects · The site is outside the built-up area and the proposal would not enhance or protect

the natural environment; · The proposed development would be contrary to policies of the Local Development

Framework and would be unsustainable; · No evidence of local need for open market housing has been submitted; · Any dwellings should be for households with a Rudgwick connection and the Parish

Council should have first allocation rights; · The number of dwellings proposed has increased from the previously refused and

dismissed scheme and would be an overdevelopment of the site; · The proposal would lead to increased traffic and activity detrimental to

neighbouring properties; · The access to the site is very narrow with no pavement; · The potential traffic and drainage impacts of the adjacent development of

Windacres Farm should be fully realised before further development is considered; · There are existing drainage problems in the locality and the proposed development

would exacerbate these. Further work in needed to ensure that the drainage system could cope;

· Any access from the site through to Churchmans Meadow (to the south) would need to be agreed with the Parish Council. The number of accesses causes some concern in relation to security;

· The works to retain the pond have been poorly executed.

A total of 17 No. letters of representation, including one form Rudgwick Preservation Society, have been received objecting to the proposed development. These letters raise the following summarised concerns:

· There would be an increase in traffic volumes, including heavy construction vehicles, which would be dangerous to pedestrians;

· Summerfold is very narrow with no pavements and its junction with Church Road is dangerous;

· Affordable homes are required, but the layout with the open market housing is not appropriate;

· The site is a green field outside the built-up area and is unsustainable; · The proposal would be overdevelopment of the site and would not comply with

relevant policies; · The development would detract from the character of the village and the nearby

Conservation Area; · The local water supply and drainage network is insufficient to cope with the

proposed development; · Discharge of surface water into an adjacent watercourse is proposed, but this has

very limited capacity; · The footpaths proposed within the development would cause security issues for

surrounding properties; · The proposal would adversely impact upon adjacent residents; · Development of this site should await the completion of development at the

adjacent Windacres Farm; · There is no demand for additional housing in the village; · The objections to the previous scheme (DC/12/2232) have not be addressed, but

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rather the number of dwellings increased; · The proposal would cause harm to the ecological value of the site.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS 6.1 The key issues for consideration in relation to this proposal are:

· The principle of the development · Impact on the character and appearance of the surrounding area · Impact upon the amenities of nearby and future residents · Affordable housing provision · Highway impacts · Ecology, drainage, contamination and archaeology · S106 obligations

Principle of the development

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in

favour of sustainable development and that this should run through both plan-making and decision-taking (paragraph 14). In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise. Paragraph 7 of the NPPF sets out that there are three dimensions to the achievement of sustainable development, these being economic, social and environmental. The economic and social aspects of sustainability are discussed within this section and the environmental aspects considered under subsequent sections below.

6.3 Paragraph 49 of the NPPF states that ‘housing applications should be considered in the context of the presumption in favour of sustainable development’ and that ‘relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.’

6.4 The NPPF further requires, at paragraph 47, that Local Planning Authorities should identify, and update annually, a supply of deliverable sites sufficient to meet their housing requirements for a 5 year period with an additional buffer of 5%. The Horsham District Annual Monitoring Report (December 2013 and update January 2014) identifies that the District currently has a supply of housing land sites equivalent to 64.3% of its requirement for the 5 year period (including the 5% buffer requirement), against the targets set out within the South East Plan. Whilst the South East Plan has been formally revoked (in March 2013), it continues to be the most up-to-date position in terms of housing figures which have been tested through examination. As the District cannot demonstrate a 5 year

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supply of deliverable housing sites, the housing policies of the adopted development plan could be considered to be out-of-date.

6.5 The Inspector in the RMC Engineering Works, Washington appeal (application DC/10/1457) concluded in his decision that it would be appropriate to identify those elements of the housing supply policies which should be given less weight, rather than removing them in their entirety. Further to this, a more flexible approach to the consideration of housing proposals close to or adjoining built-up areas was suggested as being appropriate, with those developments seeking housing in more remote areas to be considered with more restraint.

6.6 The application site lies to the immediate east of the village of Rudgwick and indeed is

adjoined by the built-up area boundary to the north, south and west. Rudgwick is defined, in policy CP5, as a Category 2 settlement and is therefore considered to have a more limited range of services (compared to Category 1 settlements) and as such should accommodate only small scale developments. The location of this site, adjoining an identified built-up area, is such that the more flexible approach advocated by the Inspector in the aforementioned RMC Engineering Works appeal should be adopted. Furthermore, the Inspector in the previous appeal relating to development of this site, commented that the location was reasonably sustainable in terms of its accessibility to services.

6.7 The Facilitating Appropriate Development (FAD) SPD was adopted in May 2009 as a means of ensuring that sufficient housing supply was provided during the period of the Core Strategy through enabling a more flexible approach to the consideration of proposals on sites which adjoin defined settlement boundaries. The general approach of the FAD SPD was agreed by the Inspector in the RMC Engineering Works appeal decision, although the weight which can be attached to some of its criteria are dependent upon their level of conformity with the NPPF.

6.8 From the standpoint that the District does not have a current 5 year supply of housing land,

that the adopted housing supply policies of the development could be considered out-of-date and that a more flexible approach to the consideration of sites that adjoin built-up areas should be taken, the proposal needs to be considered under the presumption in favour of sustainable development and therefore an assessment needs to be made as to whether the proposal would constitute sustainable development, as referred to above in paragraph 6.2.

6.9 In terms of economic benefits, the proposed development would support a growth in the

availability of local housing, which in turn could support the local economy through the wider use of local shops, businesses and services. In terms of social issues, the proposed development would provide a total of 25 No. residential units, which would assist in meeting the current and future housing needs of the District. The proposed 25 No. dwellings would comprise 3 No. 1 bed houses, 13 No. 2 bed houses, 6 No. 3 bed houses and 3 No. 4 bed houses. Policy DC18 requires that on developments of more than 15 No. residential units, the size and type of those units should meet the identified need for smaller homes across the District. This policy goes on to state that 64% of the homes should be provided as 1 or 2 bed dwellings, unless the need for smaller homes identified through future Strategic Housing Market Assessments indicates otherwise. 64% of 25 No. dwellings would equate to 16 No. properties. The proposed development would provide a total of 16 No. units as 1 and 2 bed properties which is in accordance with the requirements of this policy and it is considered that this level of provision of smaller units would therefore satisfactorily reflect the current profile of housing requirements across the District.

6.10 In addition, of the 25 No. units proposed, a total of 10 No. would be supplied as affordable homes and would be prioritised for those in housing need with a local connection to the

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Parish of Rudgwick. The affordable housing offer is considered further below in paragraphs 6.25 to 6.27.

6.11 The proposed development is therefore considered to be both economically and socially

sustainable as the proposed housing would assist in the growth of the local economy and in delivering an appropriate level of housing supply to meet the needs of present and future generations. The Inspector in the previous appeal on this site did not dismiss the principle of development, but rather stated that the site was ‘reasonably sustainable’, and it is considered that the proposed development would accord with both the NPPF’s economic and social strands of sustainability, as set out in paragraph 7 of the NPPF.

6.12 It is considered that the principle of the proposed development is acceptable, given (i) the

presumption in favour of sustainable development set out in paragraph 14 of the NPPF; (ii) the lack of an identified 5 year (plus 5% buffer) supply of deliverable housing sites; and, (iii) the aforementioned more flexible approach to the implementation of housing policies deemed appropriate by the Inspector in the RMC Engineering Works appeal decision. Therefore, planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or other policies would restrict development. Impact on the character and appearance of the surrounding area

6.13 As discussed above, the existing site is characterised by its largely open rough grassland appearance, with some existing mature trees situated within and around the site. The land slopes generally downwards towards the south and south west, from a high point towards the north although the north eastern corner is also set slightly lower and accommodates an existing pond. Given the change in ground levels, there are some longer distance views towards the south, from the more northerly parts of the site, however, the site is relatively well contained by existing boundary screening.

6.14 The Inspector in the previous appeal on this site concluded that the layout proposed as part of that scheme (application reference DC/12/2232) failed to respond to the undulating ground levels; had a certain amount of ambiguity over land ownership; and, displayed an unsatisfactory relationship between the proposed dwellings and the retained trees to the eastern boundary. This previous appeal constitutes a material consideration in the determination of this current application and as such these concerns need to be adequately addressed in order for this proposal to be considered acceptable. The third issue is discussed below in paragraph 6.23.

6.15 In relation to the first point above, the proposed layout of the development has been amended to reposition the development, both dwellings and areas of hardstanding, slightly further towards the south. The result of this alteration is that the highest parts of the site are now largely proposed to be retained as either residential garden areas or open space with the existing pond and some of the rough grassland to remain. In addition, the revised layout of the internal road within the site enables the dwellings now proposed along the eastern branch to be orientated in such a way that they run more along the contours of the site, rather than perpendicular to them. It is acknowledged that the proposal would impact upon some views from within the site, however, the layout of the development now proposed would allow for some views from the northern and central parts of the site towards the south between dwellings, which would be set at gradually decreasing ground levels.

6.16 The proposed open space within the development will either fall under the ownership of individual residents where this lies within residential gardens, or for areas of open space, this will fall under a management company, who would be responsible for maintenance. It is considered that the residential and open space areas are satisfactorily defined on the

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submitted plans and that the future maintenance of public areas could therefore be adequately ensured through appropriate conditions.

6.17 It is also proposed to supplement the existing boundary planting in some areas, particularly to the rear of No. 7 Summerfold and around the rear boundary of Copper Beech, The Ridge, and to create an attenuation basin/balancing pond towards the south eastern corner, which is proposed to be partially permanently wet to provide additional habitat for Great Crested Newts (see paragraphs 6.33 to 6.36 below).

6.18 It is considered that the concerns raised by the Inspector in relation to the previous development scheme for this site have been satisfactorily addressed and that, although an additional 5 No. dwellings are now proposed, there would not be significant landscape or visual impacts arising from this proposal. The Council’s Landscape Architect has not raised an objection to the proposed development and the applicants have made some changes to the proposed hedgerow species in line with their comments. It is therefore considered that the proposal would accord with the requirements of policies CP1 and CP3 of the Horsham District Local Development Framework: Core Strategy (2007) and DC2 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) and with the NPPF.

Impact upon the amenities of nearby and future residents

6.19 The site lies to the south of Summerfold and to the east of residential properties along Church Street and The Ridge. It is these dwellings within The Ridge, specifically Copper Beech and Homestead, that would be the closest in proximity to the proposed dwellings. The proposed dwellings on plots 5 to 10 would be situated to the rear of these adjacent properties, with the nearest being 12m from the shared boundary and approximately 23.5m from the closest part of Copper Beech. There is some existing vegetation to the site boundary in this location and it is proposed that additional planting be provided in order to screen the proposed development.

6.20 Just to the north, the side elevation of Orchard House, Church Street lies approximately 6m from the site boundary, but would be 31.5m from the nearest part of the closest proposed dwelling. Whilst Orchard House has a large first floor level window which would overlook the adjacent plot, it is not considered that this would be an unusual or unacceptable relationship. Given the orientation of the proposed dwelling on plot 1, the closest to Orchard House, there would not be opportunities for intervisibility between the properties, and it is considered that the size of the proposed garden space for plot 1 would ensure that there is no significant impact upon the amenities of these future residents.

6.21 The adjacent dwellings to the north of the site, those within Summerfold, would be set some distance from the proposed dwellings, due to the retention of the area of open space to this northern section. The closest relationship between dwellings in Summerfold and those proposed would be some 44m, with the ground level of the site gradually reducing down towards the south. In addition, there is existing and proposed vegetation along this boundary of the site.

6.22 Internally within the site, the proposed dwellings would be set within plots of a good size and with adequate separation distances that would ensure that each dwelling has a reasonable level of amenity. The proposed dwellings would constitute frontage development facing towards the road, rather than properties set behind others. The dwellings would be provided mainly as semi-detached properties, with a short terrace of 3 No. properties and 2 No. detached dwellings, all of which would be orientated such that only small windows serving bathrooms would be facing towards adjacent properties. In addition, each of the proposed dwellings would have access to a garden that would provide private outdoor space. These garden areas are considered to be satisfactorily shown on

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the submitted layout drawing, to ensure that the issue of ownership identified by the Inspector in the previous appeal decision, is adequately addressed in relation to these areas.

6.23 In relation to the retained mature trees along the eastern boundary of the site, the third issue raised by the Inspector in their decision and referred to above in paragraph 6.14, these would remain. However, the development now proposed does not situate dwellings within close proximity of these trees, with the nearest development to these retained trees now being the garden area of the dwelling on plot 16, which would be approximately 13m from this eastern boundary. It is considered that this separation distance is sufficient that there would not be an adverse impact in terms of loss of sunlight or a subsequent pressure for the removal or reduction of these trees.

6.24 It is considered that the proposed development can be satisfactorily controlled, through conditions, to ensure that sufficient boundary screening is provided around the site and that there would not be any significant impact upon the level of amenity of nearby residents. In addition, it is considered that the environment within the development site would provide a reasonable level of amenity for future residents, in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) and the NPPF. Affordable housing provision

6.25 Policy CP12 of the Horsham District Local Development Framework: Core Strategy (2007) requires that for developments in settlements with a population of less than 3,000, that permission be limited to schemes providing 100% of the units as affordable, unless it can be demonstrated that market housing is required. Whilst the application site lies outside of the built-up area of Rudgwick (a settlement with a population of less than 3,000), given the District’s lack of a deliverable 5 year supply of housing land it is considered that there is a need for market housing and as such that the principle of both affordable and market housing on this site can be acceptable, given the situation and level of sustainability of the site. In such cases of proposals for more than 15 No. units, the target of 40% of dwellings as affordable, as set out in policy CP12, is applicable.

6.26 The proposed development would incorporate 10 No. units as affordable homes, comprised of 3 No. 1 bed houses, 3 No. 2 bed houses and 4 No. 3 bed houses. These 10 No. units would represent 40% of the total 25 No. dwellings and the proposal would therefore accord with this requirement of policy CP12. In addition, it is proposed that all of these 10 No. units be provided for affordable rent, which exceeds the target set out within the Planning Obligations SPD.

6.27 The latest Action in Rural Sussex Housing Needs Survey, of 2013, identifies that a total of 54 No. households are in housing need and have a local connection to the Parish of Rudgwick. Of these households the greatest demand is for 1 and 2 bed dwellings, however, there is also a need for family accommodation. It is considered that the proposed provision of a total of 6 No. small homes (1 and 2 bed) and 4 No. family homes (3 bed) would meet some of the identified local need for affordable housing provision. The Council’s Strategic Housing Manager is in support of the proposed affordable provision and the detail of the scheme would accord with policy CP12 and the criteria of the Planning Obligations SPD, the scheme is therefore considered to be acceptable in this regard. The tenure and prioritisation of properties to those with a local connection to the Parish of Rudgwick can be secured through a legal agreement.

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Highway impacts

6.28 The development would be accessed from Summerfold, an existing residential street running to the north of the application site. It is proposed that the existing turning head to the immediate west of No. 7 Summerfold would be used to create the vehicular access point into the development site. Summerfold is a 4.8m wide cul-de-sac which provides a shared surface and leads from Church Street, a single carriageway two way (and two lane) road. From the access point, it is proposed to continue the 4.8m wide shared surface of Summerfold into the development site.

6.29 The applicant has submitted a Transport Statement on the basis of the proposed 25 No. dwellings, which indicates (based on TRICS data) that the development would lead to an additional 15 No. vehicular movements along Summerfold in the AM network peak and an additional 17 No. movements in the PM network peak. West Sussex County Council, as Highways Authority, does not raise any objection to this level of increase and state that the increased peak flows along Summerfold would remain low and significantly below the suggested thresholds for shared surfaces, as set out within the Manual for Streets.

6.30 In addition, whilst it is not proposed to alter the Summerfold/Church Street junction, a Stage 1 Road Safety Audit and Designers Response have been submitted, due to the intensification of use of that junction that would arise from the proposed development. The internal road layout of the site is such that the access road forks to create two branches, one running towards the south and one towards the east, each with turning heads. Tracking diagrams have been submitted to show that large refuse vehicles are able to adequately enter, turn and leave the site. The Highway Authority do not raise any objections to either the internal layout or the intensification of use of the Summerfold/Church Street junction. Although the site lies adjacent to an existing Public Footpath, the proposal would not encroach upon this or require its stopping up or diversion.

6.31 The proposed development would incorporate a total of 57 No. car parking spaces, including some garage spaces. The Highways Authority have confirmed that this is in line with their parking demand calculator. As each of the proposed dwellings is shown to have access to a private garden area, cycle storage space for each property can be accommodated within sheds, where garages are not provided.

6.32 Paragraph 32 of the NPPF states that ‘development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe’ (Officer’s emphasis). The Highways Authority have not raised any objection to the proposed development in terms of any impact upon highway capacity or safety issues, nor have they raised any concerns relating to increased pressure for on-street car parking spaces. The level of car parking provision proposed is considered to be acceptable and a number of highway and parking conditions are recommended to ensure that the proposal would accord with the requirements of the NPPF and with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Ecology, drainage, contamination and archaeology Ecology

6.33 The site is largely formed of open grassland, but with some retained trees, boundary trees and hedgerows and a pond towards the north eastern corner. The application has been submitted with a number of ecological surveys and reports, including an Extended Ecological Assessment, Ecological Appraisal and surveys relating to Great Crested Newts, Invertebrates and Dormice.

APPENDIX A/ 1 - 14 6.34 The Great Crested Newt (GCN) Survey found that GCN’s are present within the pond on

the application site and also within a further 5 No. ponds within 500m of the site. GCN’s are a protected species under the Wildlife and Countryside Act 1981 and the EC Habitats Directive, and are listed as a species of principal importance in the Natural Environment and Rural Communities Act 2006. The proposal seeks to retain the existing pond, however, given the protected status of GCN’s a European Protected Species Licence from Natural England will be required for the works to proceed. This licence will encompass a mitigation strategy to ensure that GCN’s are protected during any construction phase and to minimise any long-term impacts upon their local population.

6.35 The Invertebrate Survey concluded that the site supports a number of species, including two UK Biodiversity Action Plan species of butterfly, and therefore makes a number of habitat recommendations, including that the remaining orchard trees within the site and as much of the current grassland as possible, are retained and suitably managed. The Dormice Assessment Survey identified that the site has some suitability for Dormice, with the eastern and southern boundary hedgerows having the potential to support Dormice. It is therefore recommended that a suitable mitigation scheme to ensure their conservation during and post development be provided.

6.36 West Sussex County Council’s Ecologist has not raised objection to the proposed development and comments that the proposed outline mitigation strategy for GCN’s is likely to be sufficient to facilitate a European Protected Species Licence from Natural England. They also recommend a condition to ensure that an ecological mitigation and enhancement scheme be submitted prior to the commencement of development and that the applicant is reminded of the need for a specific licence from Natural England. It is therefore considered that, subject to works that can be controlled through condition, the proposed development would not cause any significant impacts upon the ecological value of the site and would accord with policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007) and with the NPPF. Drainage

6.37 The application site lies in Flood Zone 1, as defined by the Environment Agency’s Flood Map, which is land with the lowest probability of flooding. Residential development is considered to be appropriate development within Flood Zone 1, as established in the Technical Guidance to the NPPF. The application has been submitted with a Flood Risk Assessment (FRA) which concludes that there is a negligible risk of fluvial flooding across the site, but that the amount of impermeable surface area would increase as a result of the proposed development.

6.38 Given this identified increase in impermeable area, a scheme to surface water run-off will be required. The FRA shows that an attenuation basin/balancing pond is proposed towards the south eastern corner of the site, which would accommodate a 1 in 100 year (plus a 30% allowance for climate change) rainfall event at a maximum depth of 1m of water. However, the FRA also states that the detailed drainage scheme for the development has not been finalised.

6.39 Whilst the Council’s Drainage Engineer has raised some reservations that the use of Sustainable Drainage Systems (SuDS) techniques has not been emphasised and that there could be issues with ongoing maintenance of the drainage systems, they have recommended that conditions could be attached to any planning approval which will ensure that such further details are provided. Given that the site is located in Flood Zone 1 and that the drainage system for the development can be satisfactorily controlled, it is therefore considered that the proposed development would accord with policy DC7 of the Horsham District Local Development Framework: General Development Control Policies (2007) and with the NPPF.

APPENDIX A/ 1 - 15

Contamination

6.40 In order to ensure that the land is suitable for residential development the applicant has submitted information detailing the former uses of the site and providing evidence of preliminary investigations that have been undertaken. The application site was formerly used as an orchard, and further details of its historic uses have been provided within a Contamination Assessment. Given the former use of the site, it is considered that the relatively small number of boreholes that were created in order to undertake site investigations is acceptable and further works or investigations are not necessary. The information submitted has not identified any issues which are likely to prove significant in terms of ground contamination and therefore the Council’s Environmental Health Officer has not raised any objection to the proposed development. Archaeology

6.41 The nature of the site, locally high ground above a stream valley within the Sussex Weald, is such that it represents a potentially favoured location for an ancient settlement, with examples of ancient settlements being discovered in similar location within the District. Archaeological features on such sites usually survive just below the topsoil and can therefore be vulnerable to impacts from construction activities and landscaping works. Therefore, West Sussex County Council’s Archaeologist recommends that further investigations be undertaken, with any ancient and significant archaeological remains that may be found to be present being then recorded and reported as appropriate. This can be ensured through a condition and would accord with the requirements of the NPPF and policy DC10 of the Horsham District Local Development Framework: General Development Control Policies (2007) S106 obligations

6.42 In order to ensure sufficient infrastructure capacity to serve the proposed development, the applicant has been advised that there would be a requirement to enter into a legal agreement under Section 106 of the Town and Country Planning Act. This requirement is set out in policy CP13 of the Horsham District Local Development Framework: Core Strategy (2007) and within the adopted SPD on Planning Obligations.

6.43 The proposed development seeks 25 No. residential dwellings, with 15 No. open market

units and 10 No. affordable units. The proposal would therefore attract infrastructure contributions to Horsham District Council of £41,994 to cover open space, sport and recreation; and community centres and halls. An additional contribution of £180,356 would be required to West Sussex County Council to cover education; libraries; transport; and fire and rescue services.

6.44 In addition, and as discussed above, the proposed affordable units are to be provided as affordable rented homes through a cascade system that priorities those with a local connection to the Parish of Rudgwick. The provision and future retention of these units needs to be secured through a S106 agreement. An appropriate legal agreement is in the process of being agreed and completed and this is therefore reflected within the recommendation. Conclusion

6.45 Horsham District has an identified lack of a 5 year (plus 5% buffer) supply of deliverable housing sites and given the presumption in favour of sustainable development set out in paragraph 14 of the NPPF and the more flexible approach to the implementation of housing policies advocated by the Inspector in the RMC Engineering Works appeal

APPENDIX A/ 1 - 16

decision, it is considered that the principle of the proposed residential development is acceptable, and that planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

6.46 The site is located such that it is somewhat enclosed by existing development and partially screened by existing boundary planting and that the layout of the development now proposed would not lead to any significant impacts upon the landscape or visual amenities of the surrounding area. It is considered that the issues raised in the Inspector’s decision on the previous scheme for this site have been satisfactorily addressed. It is also considered that the development would be situated sufficiently far enough away from adjacent properties such that it would not result in any significant impacts upon their level of amenity, nor would the amenity levels of future residents be unacceptable. The site would be satisfactorily accessed from Church Street and along Summerfold and the provision of a shared surface within the development site, and its retention along Summerfold, is considered appropriate for the levels of associated vehicular movements.

6.47 The proposed affordable housing would accord with the requirements of policy CP12 and the proposed provision of these units as all for affordable rent would assist residents with a local connection who are in housing need. It is also considered that the drainage and ecological implications of the development can be controlled through conditions to ensure their acceptability. Therefore it is considered that the economic, social and environmental aspects of sustainability, as set out by the NPPF, are met and that the proposed development therefore constitutes sustainable development to which the presumption in favour (as set out in paragraph 14 of the NPPF) applies.

7. RECOMMENDATIONS 7.1 It is recommended that planning permission be delegated for approval to the Development

Manager subject securing of a S106 legal agreement and appropriate conditions.

1. A2 Full Permission

2. Prior to the commencement of the development hereby permitted the following shall be submitted to and approved, in writing, by the Local Planning Authority:

· a schedule of materials and samples of such materials and finishes and colours to be used for the external walls, roofs and fenestration of the dwellings;

· details of all hard surfacing materials to be used within the site; · details of all boundary treatments proposed.

All materials and details used shall conform to those approved. Reason: To enable the Local Planning Authority to control the development in detail in the interests of visual amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. The landscaping scheme for the development hereby permitted shall be fully implemented in accordance with the approved details, within the first planting season following the commencement of the development. Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

APPENDIX A/ 1 - 17

Reason: To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. Prior to the commencement of development a detailed long term 25 year Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved, in writing, by the Local Planning Authority. The submitted plan shall include:

· A description of landscape components; · Management prescriptions; · Details of maintenance operations and their timing; · Details of the parties/organisations who will maintain and manage the site,

to include a plan delineating the areas that they will be responsible for.

The plan shall demonstrate full integration of landscape, biodiversity and arboricultural considerations. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved, in writing, by the Local Planning Authority. Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. All works shall be executed in full accordance with the approved Arboricultural Impact Assessment & Method Statement, unless otherwise agreed, in writing, by the Local Planning Authority. Reason: To ensure the successful and satisfactory retention of important trees, shrubs and hedges on the site in accordance with policies DC2 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6. No existing trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be removed as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed in writing by the Local Planning Authority. Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period, in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. Prior to the commencement of development, details of the proposed means of foul and surface water drainage and sewerage disposal shall be submitted to and approved, in writing, by the Local Planning Authority, in consultation with Southern Water where appropriate. The submitted information shall include:

· details of any measures required to divert public sewers;

APPENDIX A/ 1 - 18

· details of all sustainable drainage systems (SuDS) that are to be utilised across the site;

· details of how the SuDS are to be maintained and managed after completion;

· details of how the development has been designed for exceedance events and flood flow paths;

· details to prevent surface water draining onto the public highway or public footpath.

The approved details shall be fully implemented prior to the first occupation of the development and shall thereafter be retained and maintained as approved. Reason: To ensure the development is properly drained, to prevent the increased risk of flooding and in the interests of highway and footpath safety, in accordance with policies DC7 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. No development shall take place until the vehicular access from the site has been designed, laid out and constructed in all respects in accordance with plans and details to be submitted to and approved, in writing, by the Local Planning Authority. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

9. Prior to the commencement of development, including any works of demolition, until a Construction Management Plan has been submitted to and approved, in writing, by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate, but not necessarily be restricted to, the following matters:

· the anticipated number, frequency and types of vehicles used during construction;

· the method of access and routing of vehicles during construction; · the parking of vehicles by site operatives and visitors; · the loading and unloading of plant, materials and waste; · the storage of plant and materials used in construction of the development; · the erection and maintenance of security hoarding; · the provision of wheel washing facilities and other works required to

mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders);

· measures to control the emission of dust and dirt during demolition and construction;

· lighting for construction and security; · details of public engagement both prior to and during construction works.

Reason: In the interests of highway safety and the amenities of the area in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. The dwellings hereby approved shall not be occupied until the car parking and turning facilities, for each respective dwelling, have been provided in accordance with the plans hereby approved and the parking and turning facilities shall thereafter be retained solely for that purpose.

APPENDIX A/ 1 - 19

Reason: To ensure adequate parking and turning facilities are available to serve the development in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. Prior to the commencement of development or any preparatory works an ecological mitigation, management and enhancement scheme shall be submitted to and approved, in writing, by the Local Planning Authority. The submitted scheme shall pick up all recommendations within the submitted ecological statement and surveys as appropriate. The approved scheme shall be implemented in full and in accordance with the agreed timings and details. Reason: To safeguard the ecology and biodiversity of the area in accordance with the NPPF and policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. No development shall take place within the site until the implementation of a programme of archaeological work in accordance with a written scheme of investigation and timetable, which has been submitted to and approved, in writing, by the Local Planning Authority has been secured. Reason: In order to ensure that archaeological features, deposits and artefacts revealed during development works will be adequately recorded in accordance with policy DC10 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. Before development commences precise details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details. Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14. Prior to the commencement of development, details of the means and location for the provision of refuse/recycling bin storage shall be submitted to and approved, in writing, by the Local Planning Authority. The approved details shall be fully implemented prior to the first occupation of the dwellings and thereafter retained as approved. Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

15. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved. Reason: To ensure that no unacceptable risks are caused and any pollution is dealt with in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 1 - 20

16. The dwellings shall achieve at least Code Level 3 in accordance with the

requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that at least Code Level 3 has been achieved. Reason: To ensure the dwellings makes the most efficient use of renewable energy and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

17. Prior to their first occupation, the specified windows within the dwellings identified below shall be glazed in obscured glass and permanently retained in that condition thereafter.

· First floor level window in the north eastern elevation of the dwelling on plot 11;

· First floor level window in the western elevation of the dwelling on plot 18. Reason: To protect the amenities and privacy of the adjoining properties and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

18. O1 Hours of Working

19. O2 No Burning of Materials

20. List of approved documents and plan numbers.

Notes to Applicant:

1. The applicant is advised to enter into a Section 59 Agreement under the 1980 Highways Act, to cover the increase in extraordinary traffic that would result from construction vehicles and to enable the recovery of costs of any potential damage that may result to the public highway as a direct consequence of the construction traffic. The Applicant is advised to contact the Highway Officer (01243 642105) in order to commence this process.

2. The applicant is advised to contact the Community Highways Officer covering the respective area (01243 642105) to obtain formal approval from the highway authority to carry out the site access works on the public highway.

3. The applicant is advised that as the estate roads are to remain private/unadopted, the

Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard.

4. A European Protected Species Licence pertaining to Great Crested Newts will be

required from Natural England prior to the start of development or any preparatory works likely to impact upon them. Failure to secure the licences beforehand may lead to prosecution.

APPENDIX A/ 1 - 21

5. While the development is under construction the public footpath shall be kept open at all times. Should the developer feel that it is not practical or safe to undertake works while keeping the footpath open, they must apply to West Sussex County Council for a formal closure no less than 2 months prior to the proposed start date.

6. The applicant/developer should enter into a formal agreement with Southern Water to

provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW or www.southernwater.co.uk

7. A formal application for connection to the water supply is required in order to service

this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW or www.southernwater.co.uk

Background Papers: DC/14/0878 & DC/12/2232

APPENDIX A/ 1 - 22

www.planningportal.gov.uk/planninginspectorate

Appeal Decision Hearing held and site visit made on 13 August 2013

by Jennifer Armstrong JP BA FRTPI

an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 12 September 2013

Appeal Ref: APP/Z3825/A/13/2197540

Land at Summerfold, Rudgwick, Church Street, Horsham, RH12 3BY

• The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission.

• The appeal is made by Crownhall Estates Ltd. against the decision of Horsham District Council.

• The application ref. DC/12/2232, dated 28 November 2012, was refused by notice dated 13 March 2013.

• The development proposed is 20 dwellings, comprising 10 private and 10 affordable

dwellings, with associated private amenity space and parking.

Decision

1. The appeal is dismissed.

Preliminary Matter

2. This is an outline application which includes details of the proposed access and

layout. All other matters are reserved for future consideration.

Main Issue

3. The main issue is whether the proposal is a sustainable form of development in

the context of development plan and national planning policies.

Reasons

Housing Land Supply

4. The Council accept that they cannot demonstrate a 5 year supply of deliverable

housing sites within the district, the figures before me indicating that the shortfall

is significant. I understand that the Review of the Core Strategy is about to be the

subject of public consultation but it is not a material consideration in this appeal.

In such circumstances, the National Planning Policy Framework (2012) states that

relevant policies for the supply of housing should not be considered up-to-date:

housing applications should be considered in the context of the presumption in

favour of sustainable development and approved unless any adverse impacts of

doing so would significantly and demonstrably outweigh the benefits when

assessed against the policies in the Framework as a whole or where specific

policies in the Framework indicate development should be restricted. The evidence

before me also indicates that there is a substantial deficit in the provision of

affordable housing in the district.

Appeal Decision APP/Z3825/A/13/2197540

www.planningportal.gov.uk/planninginspectorate 2

The site, its setting and the proposed layout

5. The appeal site measures about 1.6ha and lies on the east side of the village,

to the rear of existing housing, outside but adjoining the built up boundary to

the settlement, as defined in policy CP 5 of the Horsham District Core Strategy

(2007). Although formerly an orchard, most of the fruit trees have been

removed and it appears as a field of rough grassland. Vehicular access is off a

residential cul de sac which runs along the north boundary. Further to the

north, and extending about as far east as the appeal site does, is Windacres

Farm where planning permission has recently been granted for a mixed use

development including 36 dwellings for persons over 55 or, in certain cases,

over 50. To the south is an open space/play area and south of this is another

small housing estate. The appeal site itself is visually well contained with trees

along most of its boundaries, particularly to the east where it abuts open

countryside. Parts of it are visible between vegetation from a public footpath

which runs close to its north-east corner but which then drops down into the

adjoining wooded valley. While undeniably on the edge of the settlement, the

site can be seen as a logical extension to it and I note that it was considered in

the past as a possible alternative for housing to Windacres Farm.

6. I do, however, have serious reservations about the proposed layout. First,

there are considerable changes in level across the site; notably a flattish, high

area near the centre from which the land falls away towards the south and

particularly to the south west corner. Any development should respond to

these specific landscape characteristics while also seeking to minimise impact

on the site’s rural setting. I am not convinced that what appears to be a

standard layout, particularly for the two storey detached houses on the more

undulating part of the site, achieves this objective, a view which is supported

by the illustrative street scenes accompanying the application. Neither do I

find there to be sufficient clarity about the curtilages of the properties,

particularly in relation to the ownership of trees to be retained and the new

landscaped areas including the proposed strip running up the middle of the

site. These matters may have significant practical and amenity implications

and, since the layout is part of the outline application, I do not accept that they

can satisfactorily be left for future consideration.

7. Furthermore, I share the Council’s concern over the layout in relation to the

mature trees along the east boundary, just outside the site, many of which are

well over 15m in height. Here, the smaller properties have rear elevations

facing almost due east and rear gardens only about 10m in length. I inspected

the site in the early afternoon from the adjoining public footpath and noted that

some of the proposed garden land was still in heavy shade, and that more of it

would be affected earlier in the day. While accepting that overhanging

branches could be removed, I consider that the presence of trees of this height

at such close quarters, and the significant loss of sunlight affecting the only

private amenity area associated with these properties, would be unacceptable.

8. I find, therefore, that the proposed layout is deficient in a number of respects.

As such, it would be contrary to relevant advice in policy DC 2 (Landscape

Character) and DC 9 (Development Principles) of the Horsham District Local

Development Framework‘s General Development Control Policies (2007) and to

Core Planning Principles of the National Planning Policy Framework (2012)

which state that planning should always seek to secure a high quality design,

recognising the intrinsic character of the area, and to achieve a good standard



of amenity for future occupants of land and buildings. The Framework sets out

three dimensions to sustainable development and for the reasons set out

above, the proposal does not meet the environmental role of contributing to

protecting and enhancing the natural and built environment.

Other Material Considerations

9. Reference has been made by both parties to the Council’s Supplementary

Planning Document (SPD, 2009) entitled Facilitating Appropriate Development.

The introduction explains that it arose from the need to provide flexibility to

ensure sufficient housing supply during the life of the Core Strategy and it goes

on to set out criteria to be met when considering proposals for development on

sites adjoining defined settlement boundaries. I have had regard to this

document although, within the context of the Framework policies above, less

weight can now be attached to some of its criteria.

10. The SPD refers to housing which addresses a specific local need, and in this

respect a Housing Needs Survey for Rudgwick has been completed very

recently. The application before me is, however, for an even split between open

market and affordable housing, and falls to be considered on that basis. The

affordable housing, while not addressing specific local needs, would contribute

towards the acknowledged significant shortfall of affordable homes in the

district. The number of such units proposed is greater than the 40% target set

out in Core Strategy policy CP 12. Although there was some disagreement

over the proposed composition of the affordable housing – 7x 2-bed units and

3 x 3-bed units – the evidence was not such as to lead me to conclude that this

mix was unacceptable.

11. On the question of deliverability, while this is an outline application, the

involvement, apparently from the outset, of Saxon Weald, an approved

registered provider of affordable housing, combined with the appellant’s

willingness to accept a shorter period for compliance with conditions on a

planning permission, are indicative of a commitment to meet this objective.

There is no evidence before me to suggest that necessary infrastructure works

could not be completed within this timeframe.

12. As to sustainability in terms of access to services and facilities, the site is

within walking or cycling distance of two small supermarkets, a post office,

chemist, medical centre/dentists, primary school, places of worship, play area

and playing fields, and a community hall. There is an hourly bus service linking

it to Horsham and Guildford, although not in the evenings or on Sundays.

While acknowledging that private transport would be required for more

enhanced levels of services and facilities, I consider that, on balance, the

development would be reasonably sustainable.

13. I have noted the regrettable infilling of the pond in the north-east corner of the

site. Measures have been taken to reinstate it and to provide a habitat for

greater crested newts and, subject to the completion of the on-going dormouse

survey, it seems to me that conditions concerning mitigation measures could

be imposed in order to safeguard protected species.

14. Although objections have been raised to the fact that the 10 affordable units

would be separate from the open market housing, I note that the Council’s

Planning Obligations SPD (2007) seeks to prevent such groupings in cases

where more than 10-12 units are proposed.



15. Concern has been expressed about the increase in traffic at the access to the

site and in the village street. However, the highway authority has not objected

and I have not found this to be a reason for withholding permission. I

acknowledge that the granting of permission could result in two housing

developments taking place in the same part of the village at the same time but

I have not found this to be an overriding consideration.

Conclusion

16. The appeal site is outside the development boundary of Rudgwick, and as such

the application is contrary to policy CP 5 of the 2007 Core Strategy. However,

the context for my assessment of this proposal is that the 2012 Framework

makes clear that the delivery of housing is a national priority. There is not a

five year supply of housing sites in Horsham district, and therefore the

presumption is in favour of approval unless the adverse impacts of doing so

would be overriding. There is also a substantial shortfall in affordable housing,

and the fact that this application includes 10 such homes is undoubtedly a

benefit which carries weight. I have found the sustainability of the proposal in

terms of its access to services, and the prospects for deliverability, to be

reasonable. Ecological matters could ultimately be covered by means of

conditions on a planning permission. All these matters weigh in favour of the

development. However, I have set out above what I consider to be serious

objections to the proposed layout of the site which I find fails to take due

account of the special character and appearance of the site and of the amenity

of future residents, having regard to topography, landscape quality and

surrounding trees. My view is that these adverse impacts significantly and

demonstrably outweigh the benefits of granting planning permission. I

therefore conclude that the current proposal is not a sustainable form of

development in the context of development plan and national planning policies.

17. A Unilateral Undertaking has been submitted relating to a range of financial

contributions and, aside from a few minor adjustments, the Council are

satisfied with it. However, having found the proposal to be unacceptable on

other grounds, it has not been necessary to consider the Undertaking in further

detail.

18. Therefore, for the reasons given above and having regard to all other matters

raised, I conclude that the appeal should be dismissed.

J.Armstrong

INSPECTOR



APPEARANCES

FOR THE APPELLANT:

Jeremy Woolf Agent

Dr Stephanie Murphy Animal Ecology and Wildlife Consultant

FOR THE LOCAL PLANNING AUTHORITY:

Alan Gunne-Jones MRTPI FRGS Instructed by the LPA

Helen Sissons Planning Officer

Will Jones Tree Officer (present at the site only)

Matthew Bright Landscape Officer (present at the site only)

INTERESTED PERSONS:

John Newell Local Resident

Emma Ashfield Local Resident

Patrick Mason Local Resident

Paul Thompson Chair, Rudgwick Parish Council

Clifford Davis Local Resident

Shirley Howe Local Resident

Ted Brown Rudgwick Parish Councillor

Geoff Evans Local Resident

Vera Davis Local Resident

David Buckley Local Resident

Angus Farquhar FRICS Local Resident

DOCUMENTS

1 Council’s Response Statement re appeal site (2007)

2 Housing Needs Survey Report (undertaken May 2013)

3 Decision notice re Windacres Farm site (8/8/13)

4 Landscape Officer’s comments (9/8/13)

5 County Council Ecologist’s comments (12/8/13)

6 Council’s draft conditions

7 Unilateral Undertaking

8 Email from County Council re Unilateral Undertaking

9 Email from Council’s legal department re Unilateral Undertaking

10 Extract from Council document re community needs in Rudgwick

Reproduced from the Ordnance Survey map with the permission

of the Controller of Her Majesty's Stationery Office © Crown

Copyright 2000.

Unauthorised reproduction infringes Crown Copyright and may

lead to prosecution or civil proceedings.

SLA Number

Organisation

Department

Comments

Date

Scale :

100018563

DC/14/0878

Land South of Summerfold

Horsham District Council

21 August 2014

Not Set

1:2500

APPENDIX A/ 2 - 1.

Contact: Richard Elder Tel: 01403 215189

TO: Development Management Committee North



DEVELOPMENT: Minor material amendment to application DC/13/0429 for the erection of 27 residential units comprising 4 x 4 bed houses, 5 x 4/5 bed houses, 7 x 5 bed houses, 3 x 2 bed and 2 x 3 bed houses plus 2 x 1 bed and 4 x 2 bed flats with associated access, parking, landscaping and infrastructure including demolition of existing structures. The amendment involves the provision of a front dormer window to units 12, 13, 14 and 15.

SITE: The Firs, Farthings Hill, Horsham

WARD: Denne


APPLICANT: Crest Nicholson South REASON FOR INCLUSION ON AGENDA: Small scale major application RECOMMENDATION: That planning permission is delegated for Approval to the

Development Manager, following the expiration of the statutory notification period and the subsequent consideration of comments received, the prior completion of a Section 106 Agreemen and the imposition of recommended conditions.

1. THE PURPOSE OF THIS REPORT To consider the planning application.

DESCRIPTION OF THE APPLICATION 1.1 This application seeks a minor material amendment to houses 12, 13, 14 and 15 to

provide a dormer window within the front roof slopes of each house, to the side of the roof above the first floor bedroom windows and garage below.


APPENDIX A/ 2 - 2.

1.2 The dormer windows would measure 1.7 metres wide, 1.7 metres high and 2.5 metres deep incorporating a flat roof and windows to match. The dormer windows would facilitate the use of the roof space as an additional bedroom to create a fifth bedroom house providing outlook and additional daylight to this habitable room.

DESCRIPTION OF THE SITE

1.3 The application site is located on the south side of the corner junction of the A281 Farthings Hill, the Farthings Hill interchange and the A24 dual carriageway along the western boundary. The development has already commenced and is at an advanced stage.

1.4 The site is accessed from Farthing Hill to the north of Archers and Burleigh within

the previous front gardens of these houses. Along the eastern boundary is the rear garden of Chailey in Guildford Road and that of The Grange and Rudgwick House which are situated in Farthings Walk. The site also adjoins Farthings Walk to the south with Amberley House and Boxgrove House sharing a common boundary with the application site. The western boundary of the site adjoins the southbound slip road from the Farthings Hill interchange onto the A24.

PLANNING HISTORY 1.5 The most relevant planning history is as follows:

DC/11/0404 Renewal of outline permission DC/07/1922 was considered by the Committee on 3rd May 2011. It was resolved to delegate the application for approval subject to the completion of a S106 agreement. Approved 1st June 2011.

DC/12/0987 Erection of 28 residential units comprising 16 houses (3 x 4/5 bed, 4 x 4 bed and 9 x 5 bed) plus 12 flats (4 x 1 bed, 6 x 2 bed and 2 x 3 bed) with associated access, parking, landscaping and infrastructure including demolition of the existing structures. Refused on 4th December 2012. A subsequent appeal was withdrawn on 21st November 2013.

DC/13/0429 Erection of 27 residential units comprising 4 x 4 bed houses, 5

x 4/5 bed houses 7 x 5 bed houses, 3 x 2 bed and 2 x 3 bed houses plus 2 x 1 bed and 4 x 2 bed flats) with associated access, parking, landscaping and infrastructure including demolition of existing structures (The Firs and land to the rear of Burleigh and Archers). Approved 3rd October 2013.

1.6 The application had been placed on the North Area Planning Committee Agenda

for 5th August but was not considered by Members. This was as a result of a decision taken to notify individual neighbours of the application as this exercise had not originally taken place.

APPENDIX A/ 2 - 3.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY 2.3 National Planning Policy Framework 2012 2.4 Planning Practice Guidance 2014

RELEVANT COUNCIL POLICY 2.5 The following Development Plan Documents (DPDs) also form part of the

development plan and are relevant to the determination of the application, the adopted Core Strategy DPD (2007), the General Development Control Policies DPD (2007) and the adopted Proposals Map (2007).

Local Development Framework: Core Strategy (2007): CP1 – Landscape and Townscape Character CP2 – Environmental Quality CP3 – Improving the Quality of New Development CP5 – Built-Up Areas and Previously Developed Land C11 – Employment Sites and Premises CP12 – Meeting Housing Need CP13 – Infrastructure Requirements CP19 – Managing Travel Demand and Widening Choice of Transport

Local Development Framework: General Development Control Policies (2007): DC1 – Countryside Protection and Enhancement DC8 – Renewable Energy and Climate Change DC9 – Development Principles DC12 – Conservation Areas DC18 – Housing Mix DC19 – Employment Site/Land Protection DC40 – Transport and Access

2.6 SP6 – Planning Obligations 2.7 Horsham District Planning Framework: Preferred Strategy (August 2013) - The

Horsham District Planning Framework (HDPF) Preferred Strategy was approved by Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. The planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with limited weight in the assessment of this planning application.

APPENDIX A/ 2 - 4.

3. OUTCOME OF CONSULTATIONS INTERNAL CONSULTATIONS 3.1 Environmental Health: No response 3.2 Strategic Housing Manager: No response

OUTSIDE AGENCIES

3.3 West Sussex County Council Highways: No objection 3.4 Denne Neighbourhood Council: No objection PUBLIC CONSULTATIONS 3.5 The application was advertised by way of press notice in the West Sussex County

Times on two separate occasions. Due to the nature of the proposed amendment it was originally considered that the proposal did not warrant neighbour consultation. This decision was however reviewed and a decision was taken to notify individual properties near to the site. A generic site notice was not posted.

3.6 As of the of the date of the drafting of this report no public representations had

been received as a result of the most recent neighbour notification exercise. 4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN

RIGHTS Article 8 (right to respect of a private and family life) and Article 1 of the First

Protocol (protection of property) of the Human Rights Act 1998 are relevant to the application. Consideration of Human Rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

It is not considered that there are any implications for crime and disorder arising from this application.

6. PLANNING ASSESSMENT 6.1 The principle of the development has been accepted by the grant of planning

permission DC/13/0429 on the 3rd October 2013. The main issues in the determination of this application are the impact of the dormer windows on the appearance of the houses, the amenities of neighbouring and future occupiers, the resulting housing mix, road noise from the A24, and parking.

APPENDIX A/ 2 - 5.

Design, Scale and Appearance 6.2 Policy DC9 of the Horsham District Local Development Framework: General

Development Control Policies (2007) sets out the general principles of development which includes making a clear distinction between the public and private spaces within the site.

6.3 Within this particular locality the character comprises large detached residential

properties and substantial gardens of between 2-3 storeys in height and a variety of designs and styles. The adjacent houses of plot units 8, 9, 10 and 11 comprise a 3rd storey to the fronts of the houses, sloping down to the rear incorporating a dormer within the rear roof slope. It is considered, therefore, that the incorporation of a modestly sized dormer window to the front roof slopes of houses 12-15 would be appropriate and would continue to provide a reduction in height/scale as development approaches the boundary with the A24 slip road. As such, it is considered that the design, scale and appearance of the proposed dormer windows are acceptable and would accord with the requirements of Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). Housing Mix

6.4 Policy DC18 of the Horsham District Local Development Framework: General Development Control Policies (2007) states that for developments of 5 or more homes, planning permission will be granted in appropriate locations provided that the housing mix and type meets an identified need for smaller homes, and proposals will be expected to make efficient use of land.

6.5 Policy CP12 of the Local Development Framework Core Strategy (2007) states that

development should provide a mix of housing sizes, types and tenures to meet the needs of the District communities as set out in the 2012 update to the Strategic Housing Mix Assessment.

6.6 The houses subject of this application are for market housing and the affordable

provision is unaffected. The market housing mix would change from 4 x 4 bed houses, 5 x 4/5 bed houses, and 7 x 5 bed houses to 4 x 4 bed houses and 12 x 5 bed houses. Whilst the emphasis in the development would change towards the larger size of dwellings, it should be noted that this site lies within an area of large detached houses in this part of Horsham, in particular the established dwellings fronting onto Guildford Road and the Berkeley Homes development situated in Farthings Walk. The affordable housing mix provides a wider variety of smaller 1, 2 and 3 bed houses and flats which would make up for the larger sized units of the market housing. It is considered, therefore, that the amended mix of dwelling sizes and types for the development as a whole would be appropriate in these circumstances and in this location and would accord with Policy DC18 of the Horsham District Local Development Framework: General Development Control Policies (2007) and Policy CP12 of the Local Development Framework Core Strategy (2007).

Residential Amenities

APPENDIX A/ 2 - 6.

6.7 Policy CP3 of the Local Development Framework Core Strategy 2007 states that

development should provide an attractive, functional, accessible, safe and adaptable environment.

6.8 Policy DC9 of the Horsham District Local Development Framework: General

Development Control Policies (2007) sets out the general principles of development which include ensuring buildings and spaces are orientated to gain maximum benefit from sunlight and passive solar energy.

6.9 Paragraph 17 of the NPPF sets out the core land use principles which includes

securing high quality design and a good standard of amenity for all existing and future occupants of land and buildings.

6.10 House plots 12 and 13 are located to the south west corner of the site and plots 14 and 15 are virtually opposite on the north side of the access road. The dormer windows located on the front roof slopes would face inwards into the site towards the access road, facing the fronts of the application houses. As such, the dormers would have no impact on the privacy of residents within Farthing Walk to the south or future occupiers of the surrounding houses.

6.11 The proposed amendment, therefore, would not impact on residential amenity in

accordance with Policy DC9 of the Horsham District Local Development Framework General Development Control Policies (2007), Policy CP3 of the Local Development Framework Core Strategy (2007) and paragraph 17 of the NPPF.

Parking 6.12 Policy CP19 of the Horsham District Council Local Development Framework: Core

Strategy 2007 seeks to maintain and improve the existing transport system, road safety, bus services and innovative public transport initiatives in a sustainable location.

6.13 Policy DC40 of the Horsham District Local Development Framework: General

Development Control Policies (2007) seeks to ensure proposals are safe with adequate means of access, located close to public transport and provide sufficient car parking and cycle parking.

6.14 With regard to the level of car parking, there would be provision of 72 spaces in

total for the 27 units including garages and four visitor spaces and the proposed amendment would not change this. House units 12-15 would benefit from 3 allocated parking spaces in the form of an integral garage and 2 parking spaces to the front. West Sussex County Council Highways have been consulted and raise no objection to the amendment.

6.15 As such, it is considered that the parking implications would accord with the

requirements of Policy C19 of the Horsham District Council Local Development Framework: Core Strategy and Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Legal Agreement

APPENDIX A/ 2 - 7.

6.16 An amended Section 106 legal agreement is required to address the new planning

permission, subject of this application, to secure the provision and tenure of the affordable housing on the site and the contributions towards infrastructure. The amount of contributions and content of the agreement would not change from the previous agreement as a consequence of this amendment application.

Conclusions 6.17 The proposed amendment to provide a front dormer window to housing units 12-15

would not materially affect the appearance of the houses or the character or appearance of the development and surrounding area. The proposed housing mix of house sizes would not significantly change from 4/5 bedrooms to 5 bedrooms and the provision of 3 parking spaces would be sufficient. The dormer windows would not result in any undue overlooking towards surrounding houses and would have no impact on residential amenity as a result.

6.18 As such, it is considered that the proposed minor material amendment would

accord with the policies contained within the LDF Core Strategy 2007, LDF General Development Control Policies 2007 and the policies within the NPPF, subject to conditions and the completion of a S106 legal agreement.

7. RECOMMENDATION 7.1 It is recommended the application be delegated to the Head of Planning and

Environmental Services with a view to approval subject to conditions and completion of a Section 106 Agreement.

1. The development shall be carried out in full accordance with the approved materials, finishes and colours and permanently maintained as such unless alternative details are agreed in writing by the Local Planning Authority. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 2. Within 1 month of the date of this decision notice, full details of screen walls and/or acoustic fences shall be submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied untiil such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details. Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 2 - 8.

3. The development shall be carried out in full accordance with the approved details of cycle parking facilities and the facilities so provided shall be thereafter retained solely for that purpose. Reason: To ensure that there is adequate provision for the parking of cycles in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 4. The construction of the development, hereby permitted, shall be carried out in full accordance with the approved construction management plan and the approved facilities shall be retained and available for use throughout the period of work required to implement the development unless alternative details are agreed in writing by the Local Planning Authority. Reason: In the interests of road safety and/or in the interests of amenity and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 5. No work for the implementation of the development hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 6. The development shall be carried out in full accordance with the approved vehicle wheel- cleaning facility details and such facilities shall be retained in working order and operated throughout the period of work on the site to ensure that vehicles do not leave the site carrying earth and mud on their wheels in a quantity which causes a nuisance, hazard or visual intrusion from material deposited on the road system in the locality. Reason: In the interests of road safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 7. Within 1 month of the date of this decision notice, full details of the finished floor levels of the development in relation to a nearby datum point shall be submitted to and approved in writing by the Local Planning Authority and shall be completed in accordance with the approved details. Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 8. The dwelling(s) / building(s) hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins has been made within the site in

APPENDIX A/ 2 - 9.

accordance with details to be submitted to and approved in writing by the local planning authority. Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007). 9. Notwithstanding the proposals shown on the submitted landscape strategy drawing no 14414-5 000 Rev P3, within 1 month of the date of this decision notice, full details of hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority. These details shall be submitted concurrently as a complete scheme, unless otherwise agreed with the Local P lanning Authority, and shall comprise: o A detailed plan and specification for topsoil stripping, storage and re- use on the site in accordance with recognised codes of best practice o Planting and seeding plans and schedules specifying sp ecies, planting size, densities and plant numbers o Tree pit and staking/underground guying details o A written hard and soft specification (National Building Specification compliant) of planting (including ground preparation, cultivation and other operations associated with plant and grass establishment) o Existing and proposed levels for all external soft and hard landscape areas o Hard surfacing materials: layout, colour, size, texture, coursing and levels o Walls, fencing and railings: location, type, heights and materials, including full details of the acoustic fence and its staining o Minor artefacts and structures - location, size and colour and type of street furniture,, signage, refuse units and lig hting columns and lanterns The approved scheme shall be implemented in full accordance with these details. Planting shall be carried out according to a timetable to be agreed in writing with the Local Planning Authority prior to commencement of the development. Any plants which within a period of 5 years die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) 10. Within 1 month of the date of this decision notice, a detailed long term Landscape Management and Maintenance Plan for all landscape areas shall be submitted to and approved by the Local Planning Authority in writing. The plan shall include: o Aims and Objectives o A description of Landscape Components o Management Prescriptions o Details of maintenance operations and their timing o Details of the parties/orgainisations who will be maintain and manage the site, to

APPENDIX A/ 2 - 10.

include a plan delineating the areas that they will be responsible for The plan shall demonstrate full integration of landscape, biodiversity and arboricultural considerations. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved in writing by the LPA. Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 11. Within 1 month of the date of this decision notice, full details of all underground services, including the position/layout, sizes and depths of service ducts, pipes, soakaways, manhole covers, and any above ground boxes/units shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 9, and with existing trees on the site by submission of a plan overlaying these details on the landscape scheme. All such underground services shall be installed in accordance with the approved details. Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) and in the interests of visual amenity. 12. The burning of any materials from site cle arance or from any other source shall not take place within 10m of the furthest extent of the canopy of any tree, group of trees, or hedgerow, targeted for retention on the site or on land adjoining. Reason: To protect trees and vegetation from fire damage in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 13. No trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be felled as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development hereby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority. Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period, in accordance with policy DC9 of the Horsham District Local Development Framework: Gen eral Development Control Policies (2007). 14. The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces th at scheme). No dwelling(s) shall be

APPENDIX A/ 2 - 11.

occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason: To ensure the dwelling makes the most efficient use of renewable energy and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007). 15. Within 1 month of the date of this decision notice, a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of how the scheme shall be maintained and managed after completion and details of flood flow routes, should the system be exceeded. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these. This planning condition is necessary to ensure the development complies with the principles of the National Planning Policy Framework. 16. Within 1 month of the date of this decision notice, a scheme to dispose of foul drainage shall be submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. Reason: To ensure that the development is properly drained in accordance with Policy DC7 of the Horsham District Council Local Development Framework: General Development Control Policies (2007). 17. The dwellings shall not be occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose. Reason: To ensure adequate off- street provision of parking in the interests of amenity and highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 18. The garage buildings shall be used only as private domestic garages for the parking of vehicles incidental to the use of the properties as dwellings and for no other purposes. Reason: To ensure adequate off- street provision of parking in the interests of amenity and highway safety and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 19. Completed dwellings shall not be occupied until t he relevant section of roads, footway, and casual parking areas serving the relevant completed dwellings have been constructed, surfaced and drained in accordance with plans and details to be submitted to and approved by the Local Planning Authority.

APPENDIX A/ 2 - 12.

Reason: To secure satisfactory standards of access for the proposed development and in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007). 20. The internal layout of the flats hereby approved shall accord with the approved floor plans and shall not be altered or amended in any way without the prior approval in writing of the Local Planning Authority. Reason: To maintain control over the development in the interests of the amenities of the future occupiers of the flats and in accordance with Policies DC9 of the Horsham District Local Development Framework General Development Control Policies (2007). 21. Prior to occupation, a scheme of works shall be submitted to and approved in writing by the Local Planning Authority to ensure good internal noise levels as defined in BS8233:1999 are achieved in all habitable rooms of the proposed flats. The scheme as approved by the local planning authority shall be fully installed before the flats are occupied and thereafter permanently retained. Reason: In the interests of residential amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) 22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, no gate, fence, wall or other means of enclosure shall be erected or constructed in front of the forwardmost part of any proposed building which fronts or faces onto a highway or vehicular access serving the site unless prior written permission has been granted by the Local Planning Authority (pursuant to an application for the purpose). Reason: In order to safeguard the character and visual amenities of the locality and/or highway safety and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (20 07). 23. The windows above ground floor, plot 4 east elevation, plot 5 east elevation, plot 6 east and west elevations and plot 7 west elevation shall at all times be glazed with obscured glass precise details of which, together with details of any opening, shall be submitted to and approved by the Local Planning Authority in writing before installation. The approved glass and any agreed opening details shall be maintained at all times. Reason: To protect the amenities and privacy of the adjoining property and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007). 24. Any additional windows that may be installed and that are not shown on these approved plans above ground floor level of the dwellings shall be obscured glazed and non- opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed. Reason: To protect the amenities of adjoining residential properties and in accordance

APPENDIX A/ 2 - 13.

with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007). 25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or Orders amending or revoking and re- enacting the same, the building(s) shall not be extended on any elevation which front or face onto a highway or vehicular access serving the site, unless planning permission has been granted by the Local Planning Authority on application in that respect. Reason: To maintain control over the development in the interests of amenity and in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007). 26. No removal of hedgerows or trees shall be carried out on site between March to August inclusive in any year, unless otherwise approved in writing by the Local Planning Authority. Where vegetation must be cleared during the bird breeding season a check for nesting birds by a suitably qualified ecologist will be required. Any vegetation containing occupied nests will be retained until the young have fledged. The location details of the compensatory nesting provision to be supplied to the Local Planning Authority for approval prior to their erection. Reason: In accordance with the NPPF and to safeguard the ecology and biodiversity of the area in accordance with policy DC5 of the Horsham District Local Development Framework: general development Control Policies (2007). 27. No occupation of any dwelling shall take place until all ecological enhancements proposed within S6 of the supporting ecological report, have been completed and evidence submitted to the Local Planning Authority. Reason: In accordance with the NPPF and to safeguard the ecology and biodiversity of the area in accordance with policy DC5 of the Horsham District Local Development Framework: general development Control Policies (2007). A. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below. Reason: For the avoidance of doubt and in the interest of proper planning. Background Papers: DC/14/0836 Contact Officer: Richard Elder



Copyright 2000.



SLA Number

Organisation

Department

Comments

Date

Scale :

100018563

DC/14/0836

Firs Close


21 August 2014

Not Set

1:2500

APPENDIX A/ 3 - 1

Contact Officer: Doug Wright Tel: 01403 215522




DATE: 2 September 2014

DEVELOPMENT: Variation of Condition 5 of planning permission DC/09/0521 (Proposed covers to existing driving range bays including 3 additional bays plus enclosed link between existing clubhouse and bays) to allow the driving range to be operated without the current October-March restriction

SITE: Horsham Golf Park Denne Park Horsham West Sussex

WARD: Southwater


APPLICANT: Horsham Leisure Ltd

REASON FOR INCLUSION ON THE AGENDA: Application was deferred at the August meeting

to seek a location plan. RECOMMENDATION: To vary the condition 1. INTRODUCTION

1.1 This application was first reported to the August committee meeting, whereby it was

resolved to defer the application to seek the submission of a location plan of the application site and a consultation response from the Head of Public Health & Licensing. A copy of the original committee report is attached at Appendix A.

1.2 A location plan has subsequently been provided, which includes the driving range site. 1.3 Head of Public Health & Licensing has no objection to the proposal to vary the condition. 1.4 Concern has been raised by neighbouring residents that the properties to the south of the

site were not taken into consideration in the assessment of the proposal. The neighbouring dwellings to the south of the driving range were originally consulted and letters of representation have been received and considered. All neighbouring residents have therefore been taken into account during the assessment of the application and it was considered that given the separation distance and significant screening along the southern boundary of the application site, there would be no adverse impact upon the residential amenities of the properties to the south of the site.

APPENDIX A/ 3 - 2 2. CONCLUSION 2.1 In the circumstances and given no objection has been raised by the Head of Public Health

& Licensing, it is considered that a refusal of the application would be difficult to substantiate. Therefore it is recommended that the condition be varied as follows:

1. The driving range shall be used between the hours of 0600 - 2330 hours only and

with illumination by the existing floodlights between 1500 hours to 2100 hours unless otherwise approved in writing by the Local Planning Authority.

Reason: In the interest of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

2. No works or development shall take place until full details of landscaping proposals

have been approved in writing by the Local Planning Authority. Any such works shall be carried out in accordance with the approved details. Any plants which with a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure a satisfactory development in the interests of amenity in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/09/0521, DC/14/0986

Appendix to DC/14/0986 – 2nd September 2014 APPENDIX A/ ? - 1

Contact Officer: Doug Wright Tel: 01403 215522




DATE: 5 August 2014

DEVELOPMENT: Variation of Condition 5 of planning permission DC/09/0521 (Proposed covers to existing driving range bays including 3 additional bays plus enclosed link between existing clubhouse and bays) to allow the driving range to be operated without the current October-March restriction

SITE: Horsham Golf Park Denne Park Horsham West Sussex

WARD: Southwater


APPLICANT: Horsham Leisure Ltd

REASON FOR INCLUSION ON THE AGENDA: 5 letters or more contrary to recommendation RECOMMENDATION: To vary the condition 1. THE PURPOSE OF THIS REPORT

To consider the planning application. DESCRIPTION OF THE APPLICATION

1.1 The application seeks permission to vary condition 5 of the previously approved application

DC/09/0521, which granted permission for the extension of the existing driving range by increasing the number of bays from 18 to 21, whilst also providing covered shelter for all bays and the provision of a single storey link extension between the clubhouse and driving range.

1.2 Condition 5 relates to the hours of use for the driving range and any artificial lighting and

states as follows: “The driving range shall be used between the hours of 0600 - 2330 hours only and with

illumination by the existing floodlights between 1500 hours to 2100 hours between the months of October to March inclusive unless otherwise approved in writing by the Local Planning Authority.”

1.3 It is proposed to vary the condition by removing the restriction on the use of lighting to the

months of October to March and to therefore read as follows:

Appendix to DC/14/0986 – 2nd September 2014 APPENDIX A/ ? - 2 “The driving range shall be used between the hours of 0600 - 2330 hours only and with

illumination by the existing floodlights between 1500 hours to 2100 hours unless otherwise approved in writing by the Local Planning Authority.” DESCRIPTION OF THE SITE

1.4 The application site is located within the complex of Horsham Golf & Fitness, which

comprises a driving range, clubhouse with café & pro-shop and a fitness suite. The original 9 hole golf course was closed last year to accommodate the new 18 hole golf course currently under construction.

1.5 The driving range currently consists of 18 covered bays facing west onto the practise range

outfield. The driving range lies to the west of the car-park with a covered link leading to the clubhouse to the north.

1.6 The driving range currently opens between the hours of 0700 and 2100 Monday to Friday

and 0700 and 2000 on Saturdays and Sundays. Lighting within the driving range is limited to the covered area of the bays and 12 lights within the outfield of the range. The outfield lighting is formed by ‘berms’, which are earth mounds which protect the specially designed low level lighting in order to minimise light spillage.

1.7 To the north east of the site is Denne Park House, along with a number of other residential

dwellings. The nearest neighbouring dwelling is ‘Garden Cottage’ approx. 220m away with Denne Park House having an approx. separation distance of 350m. Further dwellings are located to the north west within Salisbury Road off Worthing Road with the nearest dwelling being approx. 500m away.

1.8 Hop Oast Park & Ride car park is located on the opposite side of the Worthing Road from

the access road to Horsham Golf & Fitness. 2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY 2.2 National Planning Policy Framework 2012 (NPPF)

· NPPF7 - Requiring good design · NPPF11 - Conserving and enhancing the natural environment

2.3 National Planning Policy Guidance 2014 (NPPG)

RELEVANT COUNCIL POLICY 2.4 The relevant Local Plan Policies are CP1, CP2, CP3 & CP14 of the Core Strategy (2007)

and DC1 & DC9 of the Local Development Framework General Development Control Policies (2007).

2.5 The Horsham District Planning Framework (HDPF) Preferred Strategy was approved by

Council for consultation on 25th July 2013. The consultation period ran from 16th August to 11th October 2013. This planning application will be considered following this consultation period and therefore the emerging Preferred Strategy is a material consideration with


limited weight in the assessment of this planning application. The Proposed Submission document was approved by Council on 30th April 2014 for a 6 week consultation period.

PLANNING HISTORY

2.6 There is an extensive planning history related to the development of the application site as a centre for golf and fitness. The key applications specifically relevant to the existing application are set out below:

SQ/43/02 Single-storey extension to provide covered teaching/practice bays

PER

SQ/35/92 9-hole golf course, putting green, professional practice area & conversion/extension of existing farm buildings to form clubhouse

PER

SQ/59/93 Conversion of bothy to golf practice building PER

SQ/94/93 All weather playing surface on practice area REF

SQ/95/93 Erection of safety fencing around perimeter of practice area REF

SQ/103/94 Amendment to condition 20 on approval SQ/35/92 for hours of use of the 9 hole golf course professional practice area& putting green

PER

SQ/104/94 Amendment to condition 21 on approval SQ/35/92 for use of putting green and practice area

PER

SQ/105/94 Removal of condition 22 from approval SQ/35/92 to allow the use of golf professionals teaching areas as a driving range

WDN

SQ/3/94 Erection of safety fencing around perimeter of professional practice area

REF

SQ/3/95 Erection of 4 covered teaching bays REF

SQ/13/97 Installation of ground level lighting REF

SQ/71/97 Erection of a single-storey 5 bay covered practice tee REF

SQ/110/99 Permanent retention of ground level lighting PER

DC/09/0521 Proposed covers to existing driving range bays including 3 additional bays plus enclosed link between existing clubhouse and bays

PER

DC/09/0746 Change of use of stud farm to golf course, re-configuration of existing golf course (including importation of inert material) to form a 18 hole golf course plus junior/beginners short course; bunds, mounding, landscaping and 3 new ponds. Demolition of existing farmhouse, farm buildings, green keepers compound and bothy. Refurbishment and extension of existing clubhouse to include hospitality/function facilities, new fitness suite building and extension to existing car park.

PER

Appendix to DC/14/0986 – 2nd September 2014 APPENDIX A/ ? - 4 3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS 3.1 Head of Public Health & Licensing comments will be reported verbally at the time of the

meeting.

OUTSIDE AGENCIES 3.2 Natural England were consulted and stated that the proposal may impact upon the local

wildlife. 3.3 West Sussex County Council’s Ecologist has no objection to the proposal.

PUBLIC CONSULTATIONS 3.4 Southwater Parish Council strongly object to the application on the grounds that the

increased use of lighting would generate an urbanising effect in a rural area, whilst also affecting the setting of the listed building of Denne Park House and surrounding park land.

3.5 39 letters of representation have been received of which there are 17 in support and 22 in

objection, though a number were received outside of the consultation period.

Their comments are on the following grounds: Support

· Provides an excellent local facility · The proposal would only be mean a small increase in use · Well used facilities · Good local business

Objection

· Over development of site · Increased activity · Light pollution · Impact upon on local wildlife · Impact upon neighbour amenity




crime and disorder.

Appendix to DC/14/0986 – 2nd September 2014 APPENDIX A/ ? - 5 6. PLANNING ASSESSMENTS 6.1 It is considered that the main issues in the determination of the application are:

· Principle of the development · Impact upon the surrounding countryside & ecology · Impact upon neighbouring properties

Policy Context

6.2 The National Planning Policy Framework (NPPF) has a golden thread running through it

which seeks to ensure a presumption in favour of sustainable development. The National Planning Policy Framework seeks to ensure that the planning system performs an economic, social and environmental role. The Framework requires applications to be determined in accordance with the development plan. Paragraph 28 of the NPPF states “Planning policies should support economic growth in rural areas in order to create jobs and prosperity”. Whilst paragraph 125 states new development should “limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation.”

6.3 Policy CP14 states new or improved community facilities or services will be encouraged in

order to enrich the overall quality of life within the District and, particularly, where they meet the identified needs of local communities. These facilities or services should preferably be within defined built up areas but exceptionally may be located outside such areas where this is the only practicable option and where a suitable site well related to an existing settlement exists.

Principle of Development 6.4 The principle of development has been established through the granting of planning

permission DC/09/0521. The current application proposes to vary condition 5 of planning permission DC/09/0521, which limited the use of the lighting within the driving range during certain months of the year. Therefore the main consideration in this application is whether varying the condition to allow the lighting to be used all year round is acceptable and the impact of the proposal on the surrounding countryside and neighbouring properties.

Impact upon the surrounding countryside & ecology 6.5 The site is located outside any built up area boundary, as defined by Horsham District

Local Development Framework and is therefore within a countryside location. Policy CP2 which relates to Environmental Quality states amongst other things that there will be careful appraisal of development proposals to ensure that they provide for enhancement by minimising the emission of pollutants, including noise, odour and light pollution, into the wider environment. Policy DC1 which relates to Countryside protection and enhancement states “Any development permitted must be of a scale appropriate to its countryside location and must not lead, either individually or cumulatively, to a significant increase in the overall level of activity in the countryside.”

6.6 The driving range, whilst within the site of Horsham Golf & Fitness, is used independently

from the golf course (though currently closed) and therefore the hours of use do not reflect the hours of use of the golf course. The approved operational hours of the driving range are between 0600 and 2330, but it is currently open between 0700 and 2100 hours. The driving range therefore requires lighting to be used during certain months, including the months from April to September. The use of the lighting is restricted between October and March, but the applicant wants to remove this restriction on the basis that the time of


sunset changes throughout the year i.e. in April sunset times range from the hours of 1934 to 2021, whereas August ranges from 2047 to 1949 and following sunset, there is generally a twilight period of approx. 30-40 minutes. Lighting would therefore be required for a maximum of one hour during these spring/summer months.

6.7 The lighting within the outfield of the driving range has been in place since 1997. Since the

golf course and driving range were constructed and the lighting approved, the vegetation along the boundaries of the outfield has substantially increased in height, thereby completely screening the site from the wider area. In this respect, it is not considered that the increased use of low level lighting would have a detrimental impact upon the surrounding landscaping.

6.8 West Sussex County Council’s Ecologist has visited the site at night, in order to assess the

impact of the lighting. Having considered the existing light impact on local ecology and given the current screening arrangements he concluded that there would be no ecological objection to the increased hours of low level lighting.

6.9 The hours of use of the lights for the driving range would continue to be limited and whilst

the level of activity would potentially increase, this would not be significant in the context of the existing activity on site. Therefore the proposal is considered to comply with policy CP2 along with CP14, whilst fulfilling the aims of the NPPF.

6.10 It is noted that the Parish Council have concerns over the ‘urbanising’ effect of the increase

in lighting. However, it is considered that the proposal would not significantly increase the use of lighting throughout the year to warrant a refusal of planning permission on the basis that the principle of lighting has already been established and the impacts have been addressed above. Neighbour Amenity

6.11 Policy DC9 of the General Development Control Policies (2007) states planning permission

will be granted where developments "do not cause unacceptable harm to the amenity of occupiers/users of nearby property and land, for example through overlooking or noise, whilst having regard to the sensitivities of surrounding development", whilst also “respect the character of the surrounding area”.

6.12 The site is located a significant distance away from neighbouring dwellings with the nearest

residential property being some 220m away and the driving range outfield is well screened by dense and tall leylandii trees. The lighting on site is at a low level and therefore does not overly project into the sky. It also considered that given the significant separation distance of approx. 350 from the listed building ‘Denne Park’, the lighting would have no adverse impact upon its setting.

6.13 The lighting currently is limited to 2100 hours regardless of the time of year, which would

not be deemed to be late at night and an unsociable time, when local residents maybe sleeping. Since 1997 the lighting has been able to be used from October to March until 2100 hours, with the shorter winter days requiring their use in excess of 4 hours. As previously stated at Para.6.6 during the summer months lighting would be limited to approximately only an hour a day.

6.14 In this respect, and having regard to the level of screening on the site boundaries, it is not considered that the proposed increased use of low level lighting would adversely affect the amenities of neighbouring occupiers and therefore complies with policy DC9.

Appendix to DC/14/0986 – 2nd September 2014 APPENDIX A/ ? - 7 Conclusion 6.15 In summary, it is therefore considered that the variation of the condition 5 (DC/09/0521) to

remove the ‘October to March’ restriction would have no adverse impact upon the surrounding countryside or the neighbouring dwellings, whilst enabling the enhanced use of the driving range.

6.16 Accordingly it is considered that the proposal is acceptable in terms of the NPPF and the

relevant policies of the Horsham District Local Development Framework. 7. RECOMMENDATIONS 7.1 It is recommended that the condition be varied as follows:

1. The driving range shall be used between the hours of 0600 - 2330 hours only and with illumination by the existing floodlights between 1500 hours to 2100 hours unless otherwise approved in writing by the Local Planning Authority.

Reason: In the interest of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

2. No works or development shall take place until full details of landscaping proposals

have been approved in writing by the Local Planning Authority. Any such works shall be carried out in accordance with the approved details. Any plants which with a period of 5 years from the time of planting die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure a satisfactory development in the interests of amenity in accordance with policy DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/09/0521, DC/14/0986



Copyright 2000.



SLA Number

Organisation

Department

Comments

Date

Scale :

100018563

DC/14/0986

Horsham Golf Park


21 August 2014

Not Set

1:1250

APPENDIX A/ 4 - 1

Contact Officer: Tamara Dale Tel: 01403 215 166



BY: Head of Planning and Environmental Services


DEVELOPMENT: Two storey rear extension and single storey side extension to main dwelling, with side extension to garage/annexe building, and new access to Brighton Road with enlargement of vehicle access

SITE: 124 Brighton Road, Horsham, West Sussex, RH13 6EY

WARD: Forest


APPLICANT: Mr Julian Enoizi

REASON FOR INCLUSION ON THE AGENDA: Referred to Planning Committee

(Representations – Eight objections from five households)

RECOMMENDATION: Grant Planning Permission subject to Conditions 1. THE PURPOSE OF THIS REPORT

DESCRIPTION OF THE APPLICATION

1.1 This application seeks full permission for the erection of a two storey rear extension and

single storey side extension to the main dwelling, a side extension to the garage/annexe building, and new access to Brighton Road with enlargement of vehicle access.

1.2 The two storey rear extension to the main dwelling would extend 5m from the rear

elevation to a width of 4.8m. This would incorporate a pitched roof measuring to a maximum height of 8.7m with an eaves height of 5.6m, slightly lower than the existing. This would provide a breakfast room on the ground floor, opening to the rear through folding doors, with an additional bedroom on the first floor with a single side facing window.

1.3 The single storey side extension to the north-west would extend 3.4m from the side

elevation, equal to the existing north-west flank wall, and would extend to a depth of 2.5m. This would provide a utility room, and would form a flat roof to a height of 3.4m and incorporating one side facing window. The single storey extension to the south-east would extend 1.2m from the south-east flank wall to a depth of 9.6m. The extension would incorporate a mono-pitched roof to the bin store which would measure to a maximum height of 2.8m, with a flat roof extension to the dining room, measuring to a height of 2.7m and incorporating a roof lantern.

APPENDIX A/ 4 - 2

1.4 The single storey extension to the existing garage/annexe building would extend 1.5m from

the side elevation to a depth of 4.2m. This would incorporate a pitched roof measuring to a maximum height of 3.9m with an eaves height of 1.8m to match the existing.

1.5 The existing access located to the north-east of the site is proposed to be widened by repositioning the existing brick plinths to allow an access width of 4m.

1.6 An additional access point located to the north-west of the site is also proposed to be widened. Following a site visit, this already appears to exist to a degree, with the proposal repositioning the existing brick plinths to provide a 4m wide opening. DESCRIPTION OF THE SITE

1.5 The application site is a two storey detached property which lies to the south-west of

Brighton Road within the built up area of Horsham. 1.6 The application site is bordered by detached and semi-detached dwellings of varying size,

appearance, and architectural design. 1.7 The application site is bound by an access track to the north-west serving the adjacent

properties located to the rear, which lie at a distance of approximately 20m from the site. 1.8 The neighbouring properties to the east are built in line with the application site and bound

by a low lying brick wall. These properties overlook the site through single ground floor and first floor side windows set to the rear.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990

RELEVANT GOVERNMENT POLICY 2.2 National Planning Policy Framework (2012):-

Section 7 (Requiring Good Design) Paragraphs 7 and 14 (Presumption in favour of sustainable development)

2.3 National Planning Policy Guidance (2014)

RELEVANT COUNCIL POLICY 2.4 Policies CP 3 of the Core Strategy (2007)

2.5 Policy DC 9 (Development Principles) of the General Development Control Policies (2007)

Policy DC40 (Transport and Access) of the General Development Control Policies (2007)

APPENDIX A/ 4 - 3

OTHER RELEVANT GUIDANCE 2.6 HDC Design Guidance Advice Leaflet No. 1 House Extensions (2008)

PLANNING HISTORY 2.7 No relevant planning history 3. OUTCOME OF CONSULTATIONS

The following section provides a summary of the responses received as a result of internal and external consultation, however, officers have considered the full comments of each consultee which are available to view on the public file at: www.horsham,.gov.uk

INTERNAL CONSULTATIONS 3.1 No comments received

OUTSIDE AGENCIES

3.2 WSCC Highways have been consulted, their comments received 17 July 2014 can be

summarised as follows: 3.3 The new access should be constructed in crossover construction in accordance with the

specification obtained from WSCC. The driveway should be constructed in a bound material and left as a loose material that may be carried onto the public highway.

3.4 The proposed crossover to access the driveway will require visibility splays of 2m for

pedestrians. This will require any proposed planting to be no higher than 0.6m above the ground level and any existing foliage to be maintained in order to safeguard the visibility splay.

3.5 A condition securing the new access, visibility splays should be included.

PUBLIC CONSULTATIONS 3.6 Forest Neighbourhood Council Comments received 4 July 2014 can be summarised as

follows: 3.7 Request that the front dormer window is altered to appear more in keeping with the rest of

the dwelling, and that a condition placed upon the proposal so that the garage/annexe cannot be sold as a separate unit.

3.4 Eight representations were received from five different households. The main issues raised

were as follows:

· The use of the garage/annexe as a separate unit of accommodation · Overuse and volume of traffic on access track · Loss of privacy due to height of windows within proposed porch extension of

garage/annexe

APPENDIX A/ 4 - 4




crime and disorder. 6 PLANNING ASSESSMENTS

Principle of the Development 6.1 Policy DC9 of the Horsham District Local Development Framework General Development

Control Policies (2007) is the main policy against which proposals for extensions are considered. It requires that new development is of a high standard of design and layout having regard to its natural and built surroundings in terms of scale, density, height, massing, siting, orientation, views, character, materials and space between buildings. An extension should be of a scale which is sympathetic to the original building.

6.2 Additionally, policy DC 40 of the General Development Control Policies (2007) states that development should provide a safe and adequate means of access.

6.3 The application seeks extensions to the main dwelling, an extension to the garage/annexe

building, and the widening of two access points. The extensions and access points proposed within the application are considered to be acceptable in principle as the site is located within the built up area boundary, and therefore considered to be a sustainable location according with Paragraphs 7 and 14 of the National Planning Policy Framework. Development should be permitted unless any significant material harm can be demonstrated. The proposed use of the garage/annexe building is for ancillary purposes in connection with the residential use of the dwelling house, and this can be conditioned to prevent the development being used as a separate unit of accommodation, and thereby materially over-intensifying the use of the site.

Residential Amenity

6.4 As stated within policy DC9, any development should have consideration for scale, density, and orientation, respecting the amenities and sensitivities of neighbouring properties.

6.5 The application site is bound to the north-west by an access track for adjacent properties to the rear, which are set at a distance of approximately 45m from the site.

6.6 The neighbouring property to the south-east is set at a distance of approximately 4m from the site, and extends slightly further to the rear than the application site, with a single storey side extension located centrally and in line with the rear elevation of the site. The neighbouring property includes a single first floor side window and is bound by a 1.8m high brick wall with scattered 2m high hedging.

6.7 A number of objections have been raised regarding the scale of the proposed extensions which are argued to cause a degree of overlooking and loss of light on the neighbouring property. However, it is considered that the scale and orientation of the proposals, in the

APPENDIX A/ 4 - 5

context of the 4m distance between the application site and the neighbouring property to the south-east, would be sufficient so that the extensions would not form an unacceptable effect on the amenities of the neighbouring property.

6.8 In particular, the nature of the single storey side extensions, similar in scale and extent to the single storey side extension of the neighbouring property, are not considered to form an inappropriate level of development, which due to their orientation would not cause an overbearing impact or loss of privacy to the neighbouring property.

6.9 In addition, although the two storey rear extension would extend 5m from the rear

elevation, it is considered that this would extend in line with the neighbouring property to the south-east. Furthermore, the detached nature of the property with a distance of approximately 4m from the neighbouring property is considered sufficient so that the proposed two storey extension would not have an overbearing impact on the amenities of the neighbouring property or lead to a loss of light or privacy.

6.10 Therefore, it is considered that the two storey rear and single storey side extensions, due

to the scale and orientation of the proposals, would not materially affect the amenities of neighbouring properties through outlook, loss of light, or loss of privacy in accordance with policy DC9.

6.11 The single storey garage/annexe building is located at the bottom of the rear garden, and is oriented to face the existing dwelling, and located at a distance of approximately 12m. The proposed single storey extension is considered to form a minor addition which although incorporating a large, full height double door, would be set at an appropriate distance from the neighbouring properties so that it is not considered to materially affect the amenities of neighbouring properties.

6.12 An objection was received relating to the proposed full length windows and doors within the

extension of the garage/annexe building. Although these would face towards the application site and neighbouring property, it is considered that the orientation and single storey nature of the proposal, along with the 1.8m high boundary wall, would be sufficient so that it would cause a degree of overlooking or loss of privacy in accordance with policy DC9.

6.13 The two proposed access points, due to their scale and orientation, are not considered to

affect the amenities of the neighbouring properties in accordance with policy DC9.

6.14 Therefore, the proposed two storey and single storey extensions, single storey extension to garage/annexe building, and the widened access points are therefore not considered to materially adversely affect the amenities of neighbouring properties in accordance with DC9 of the General Development Control Policies (2007).

Design of Development and Character of the Street Scene 6.15 Policies CP3 and DC9 promote development of high quality design, which ensures that the

appearance of the development is of good quality and layout, and relates sympathetically to the character of the dwelling and built surroundings.

6.16 The two storey rear extension would extend 5m from the rear elevation to a width of 4.8m,

to form a pitched roof extension extending to a height of 8.7m. Although this would form a relatively large extension to the rear, the design and form is considered to match the existing, with a pitched roof at a height subservient to the existing roof ridge.

APPENDIX A/ 4 - 6

6.17 The single storey extension to the north-west would extend a further 3.4m from the side elevation to a depth of 2.5m. This would extend no further than the existing flank wall and would form a flat roof extension measuring to a height of 3.4m. Although this extension would incorporate a flat roof, not considered as favourably as a pitched roof, its position to the rear of the property, at a scale and orientation which would not be greatly visible from the public highway, is not considered to cause a detrimental impact upon the street scene.

6.18 The single storey south-east extension would extend 1.2m from the side elevation to a

depth of 9.6m to incorporate a part mono-pitched, part flat roof extension. Although, in total this would form a relatively large extension, it is considered that the set back of the proposed extension at a distance from the public highway, with the use of a mono-pitched roof to the front, would mitigate the effect that the extension would have on the street scene.

6.19 The single storey extension to the existing garage/annexe building would extend 1.5m from

the side elevation to a depth of 4.2m. Although this extension would extend beyond the recognised build line, it is considered to be a minor addition, which due to its design and use of matching materials, would be sympathetic to the existing character.

6.20 The enlarged vehicle access points are considered to form minor additions which would not

be of a scale that would have a detrimental impact upon the character of the dwelling or street scene.

6.21 Therefore, it is considered that the proposal is in accordance with policies CP3 of the Core

Strategy (2007) and policy DC9 of the General Development Control Policies (2007).

Parking and Traffic Matters

6.22 Policy DC40 states that development should incorporate, where appropriate, convenient,

safe and attractive areas for parking.

6.23 It is proposed to extend the size of the existing access points, whilst providing a dropped kerb to the main access directly off Brighton Road. Following consultation with West Sussex Highways, it is considered that the proposed access extension with dropped kerb would not have a detrimental impact upon the safety of the road conditions in accordance with policy DC40.

6.24 Although concerns were raised by third parties regarding the overuse of the existing access track, it is considered that the use of the access track would be confined to the top end of the track adjacent to Brighton Road. The route would be used as an exit to the site, and would be limited to traffic movements from within. As such, the proposed extensions to the access points are considered to have a minor impact upon the use of the access track.

6.25 Therefore, it is considered that these widened access points would provide an appropriate level of access, in an appropriate location, in accordance with policy DC9 and DC40 of the General Development Control Policies (2007).

Other Matters 6.26 The use of the garage/annexe building was a cause of concern from members of the

public. The proposed garage/annexe, subject of this application, is for ancillary use only, and it is considered that any impact would be equal in scale to that which is acceptable within a residential area. However, it is considered reasonable to place a condition on the proposal to ensure that the garage/annexe building remains ancillary to the main dwelling.

APPENDIX A/ 4 - 7

6.27 The Parish Council requested that the front dormer window be altered to be more in

keeping with the character of the dwelling. However, this is an existing window which is not subject of the application.

Conclusions

6.28 It is considered that the proposed would not materially impact on the character, residential

amenities, street scene or highway safety of the site and its surroundings. 6.29 The application is therefore compliant with policies CP3 of the Core Strategy (2007),

policies DC9 and DC40 of the General Development Control Policies (2007). The application also fully endorses those policies within the framework that seek to promote good design and sustainable development; namely sections 7 and 14 of the Framework.

7. RECOMMENDATION 7.1 It is recommended that planning permission be granted subject to the following conditions:

STANDARD CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from

the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990. 2 The materials and finishes of all new external walls and roofs of the development hereby

permitted shall match in type, colour and texture those of the existing building.

Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3 Proposed visibility splays of 2m for pedestrians shall be provided at the site vehicular accesses onto Brighton Road in accordance with drawings submitted to and approved by the Local Planning Authority in writing. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metre above adjoining carriageway level.

Reason: In the interests of road safety and in accordance with Policy DC40 of the

Horsham District Local Development Framework: General Development Control Policies (2007).

4 The driveway should be constructed of bound materials in accordance with drawings

submitted to and approved by the Local Planning Authority in writing.

Reason: In the interests of road safety and in accordance with Policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

APPENDIX A/ 4 - 8

NON-STANDARD CONDITIONS 5 The garage/annexe building hereby permitted shall be used solely for purposes incidental

to the occupation and enjoyment of the existing property as a dwelling and shall not be occupied as a separate unit of accommodation.

Reason: The use of this garage/annexe would be contrary to Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/1179



Copyright 2000.



SLA Number

Organisation

Department

Comments

Date

Scale :

100018563

DC/14/1179

124 Brighton Road


21 August 2014

Not Set

1:1250

APPENDIX A/ 5 - 1

Contact Officer: Tamara Dale Tel: 01403 215 166



BY: Head of Planning and Environmental Services


DEVELOPMENT:

SITE: Erection of new single storey double garage port and small store to disused land adjacent to property

WARD: Rusper and Colgate


APPLICANT: Mr S Bartley

REASON FOR INCLUSION ON THE AGENDA: Referred to Planning Committee (Parish Council

Referral) RECOMMENDATION: Grant Planning Permission subject to Conditions 1. THE PURPOSE OF THIS REPORT

DESCRIPTION OF THE APPLICATION

1.1 The application seeks full planning permission for a detached single storey double garage

which would be located to the north-east of the application site. 1.2 The proposed garage would measure to a length of 6m with a width of 8m, to form a

pitched roof measuring to a maximum height of 5.4m, and would be built adjacent to the southern boundary and would be set 1.5m from the boundary and approximately 4m from the public road.

1.3 The front elevation of the garage would be built in line with the rear elevation of the

property, set at a distance of 18.5m from the entrance to the property, and set behind a protected Oak tree.

DESCRIPTION OF THE SITE 1.5 The application site is a two storey detached dwelling which lies on the corner of

Gardeners Green within the built up area of Rusper, and is surrounded by properties of similar size and appearance, although the external detailing of the application site differs from these.

APPENDIX A/ 5 - 2

1.6 The public road runs along the southern boundary, with a green open space lying to the south-west of the site, making both the front elevation and side garden of the site visible from the street scene.

1.7 The neighbouring properties to the north and west are built at an angle to the application

site and set at a distance of between 10m and 15m from the location of the proposed garage.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990

RELEVANT GOVERNMENT POLICY 2.2 National Planning Policy Framework (2012):-

Section 7 (Requiring Good Design) Paragraphs 7 and 14 (Presumption in favour of sustainable development)

2.3 National Planning Policy Guidance (2014)

RELEVANT COUNCIL POLICY 2.4 Policies CP 3 of the Core Strategy (2007)

2.5 Policy DC 9 (Development Principles) of the General Development Control Policies (2007)

Policy DC40 (Transport and Access) of the General Development Control Policies (2007) OTHER RELEVANT GUIDANCE 2.6 HDC Design Guidance Advice Leaflet No. 1 House Extensions (2008)

PLANNING HISTORY 2.7

DC/10/1623 Demolition of existing garage, construction of two-storey extension and replacement of existing garaging and garden store

Application Refused at Appeal 02.03.2011

DC/13/0320 Demolition of existing garage and room over and construction of two storey replacement extension and small rear conservatory

Application Permitted on 23.04.2013

DC/13/1967 Non-material amendment to DC/13/0320

(Demolition of existing garage and room over and construction of two storey replacement extension and small rear conservatory) to extend the width of ground floor and first floor windows on front elevation from 2 casements to 3 casements and to insert 2 x additional windows on flank elevation

Application Permitted on 11.11.2013

APPENDIX A/ 5 - 3

3. OUTCOME OF CONSULTATIONS

The following section provides a summary of the responses received as a result of internal and external consultation, however, officers have considered the full comments of each consultee which are available to view on the public file at: www.horsham,.gov.uk

INTERNAL CONSULTATIONS 3.1 Aboricultural Officer – No Objection

· Footprint of proposal lies outside the Root Protection Area as defined at BS 5837 ‘Trees in relation to design, demolition and construction – Recommendations’ [2012] and the access driveway which runs right below the tree is in place and has been for some years now.

· Any consent should be conditioned suitably to secure the ongoing protection of the tree, and this should include full tree protective fencing along the eastern boundary of the existing driveway, prohibiting access into the parts of the Root Protection Area beyond the drive. No materials or plant should be allowed access into this protection zone; therefore suggest that condition L2b be used, requiring a site inspection of the tree protective fencing prior to the commencement of the actual building works. Also recommend use of condition L6 (no burning).

· No ground excavations shall be permitted anywhere within the Root Protection Area, and this includes all rainwater disposal systems and any required soakaways. Please use condition L3 (trenches) to secure this.

Provided the correct conditions are use, confident that the proposal may be implemented without causing any further harm to the TPO’d tree.

OUTSIDE AGENCIES

3.2 No comments received

PUBLIC CONSULTATIONS 3.3 Rusper Parish Council: Objection – the scale and height of the proposal would impact upon

the entrance into the village. 4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol



crime and disorder.

APPENDIX A/ 5 - 4

6 PLANNING ASSESSMENTS

Principle of the Development

6.1 Policy DC9 of the Horsham District Local Development Framework General Development

Control Policies (2007) is the main policy against which proposals for extensions are considered. It requires that new development is of a high standard of design and layout having regard to its natural and built surroundings in terms of scale, density, height, massing, siting, orientation, views, character, materials and space between buildings. An extension should be of a scale which is sympathetic to the original building.

6.2 Additionally, policy DC 40 of the General Development Control Policies (2007) states that development should provide a safe and adequate means of access, suitable for all users.

6.3 The application seeks the erection of a detached garage with store room for domestic purposes in association with residential use of the existing dwelling.

6.4 The proposed erection of a garage on the application site is considered to be acceptable in

principle, as the site is located within the built up area boundary, and therefore considered to be a sustainable location according with Paragraphs 7 and 14 of the National Planning Policy Framework. Development should be permitted unless any significant material harm can be demonstrated.

Residential Amenity

6.4 As stated within policy DC9, any development should have consideration for scale, density, and orientation between buildings, respecting the amenities and sensitivities of neighbouring properties.

6.5 The proposed garage would be located adjacent to the south-eastern boundary, to the rear of the application site. The two neighbouring properties to the north and east of the site are set a distance of approximately 20m from the proposed location of the detached garage.

6.6 As such, it is considered that the single storey detached garage, due to its scale and

orientation, would not have a detrimental impact upon the amenities of neighbouring properties through outlook, loss of light or privacy in accordance with policy DC9.

Design of Development and Character of the Street Scene 6.5 Policies CP3 and DC9 promote development of high quality design, which ensures that the

appearance of the development is of good quality and layout, and relates sympathetically to the character of the dwelling and built surroundings.

6.6 The proposed garage would be set back from the front elevation of the dwelling, and

oriented to face the existing driveway/hardstanding of the application site. 6.8 Although it is proposed to locate the garage in a similar location to that originally proposed,

the scale of the proposal would be smaller, with a design considered to appropriately reflect that of the existing dwelling.

6.7 Therefore, although forming a relatively large addition within the site, it is considered that

the use of materials to match in design and form the existing dwelling, as well as the set back of the proposal behind the front elevation, would be sufficient so that it would not have

APPENDIX A/ 5 - 5

a detrimental impact upon the character of the dwelling or an overbearing impact upon the street scene.

6.8 In addition, although it is recognised that the garage would be positioned within 1.5m of the

eastern boundary, it is considered that the orientation of the proposed garage and the existing boundary fencing, would be sufficient so that it would not have a direct or detrimental impact upon the visual amenities of the street scene.

6.9 It is recognised that the Parish Council have objected to the application because of the

perceived effect the proposal would have on the entrance to the village. However, it is considered that the proposed set back of the detached garage, set behind the recognised front elevation and behind the existing 3m high hedging would be sufficient so that its impact would be mitigated, and its effect on the entrance to the village reduced.

6.9 Therefore, it is considered that the proposed detached garage, due to its design and form,

would be sympathetic to the character of the dwelling and surroundings in accordance with policies CP3 and DC9.

Parking and Traffic Matters 6.6 Policy DC40 states that development should incorporate, where appropriate, convenient,

safe and attractive areas for parking. 6.7 The proposed garage would measure to a width of 8m, with a depth of 6m, and would be

set back from the entrance of the site by 17m. As such, it is considered to be of an appropriate scale suitable for all users, in a position which would not have a detrimental impact upon road safety.

6.8 Therefore, it is considered that the proposed detached garage, positioned at an appropriate

set back from the entrance of the site, would not have a detrimental impact upon the existing traffic conditions in accordance with policy DC40

Existing Trees 6.9 A large Oak Tree covered by a Tree Preservation Order lies to the south of the application

site, in front of the proposed garage location. Following comments made by the Aboricultural Officer, it is considered that the proposed location lies outside of the Root Protection Zone, and provided the correct conditions are used to protect the tree, the proposal is considered acceptable in principle.

Other Matters

6.10 A similar previous application, reference DC/10/1623 was refused due to the prominent

location of the garage and concerns held regarding the ownership of the land, which overall was considered to cause a detrimental impact to the existing pattern of development and character of the locality.

6.11 The issue regarding the ownership of the land has not since been rectified, however due to

the time elapsed since the use started, it is considered that through the passing of time, the land in question has been absorbed into the residential curtilage. Conclusions

APPENDIX A/ 5 - 6

6.9 The proposed single storey detached garage would be built of matching materials to the existing dwelling, in a design considered to be sympathetic to the character of the dwelling and surroundings, which due to its scale and orientation would not materially affect the amenities of neighbouring properties in accordance with policies CP3 and DC9.

7. RECOMMENDATION 7.1 It is recommended that planning permission be granted subject to the following conditions:

STANDARD CONDITIONS 1 The development hereby permitted shall be begun before the expiration of three years from

the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2 The materials and finishes of all new external walls and roofs of the development hereby

permitted shall match in type, colour and texture those of the existing building. Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham

District Local Development Framework: General Development Control Policies (2007). 3 No development, including works of any description, including demolition pursuant to the

permission granted, ground clearance, or bringing equipment, machinery or materials onto the site, shall take place until the following preliminaries have been completed in the sequence set out below:

(a) All required arboricultural works, including permitted tree felling and surgery operations and

above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing to be completed and cleared away;

(b) All trees on the site targeted for retention, as well as those off-site whose root protection areas

ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 6 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012). Once installed, the fencing shall be maintained during the course of the development works and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

(c) The completed arboricultural works and installed tree protective fencing shall be inspected and

approved by the Arboricultural Officer from the Local Planning Authority (or appointed deputy) who shall be given 5 days notice of the completion of the works set out above.

APPENDIX A/ 5 - 7

Reason: To ensure the successful and satisfactory retention of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4 No trenches or pipe runs for services, drains, or any other reason, [further to those

indicated on drawing number 000/000 dated 00/00/00] shall be excavated anywhere within the root protection area of any tree or hedge targeted for retention on or off the site without the prior written approval of the Local Planning Authority.

Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Background Papers: DC/14/1527



Copyright 2000.



SLA Number

Organisation

Department

Comments

Date

Scale :

100018563

DC/14/1527

1A Gardeners Green


21 August 2014

Not Set

1:1250