(Public Pack)Agenda Document for Planning Committee, 03/02

Transcription

Public Document Pack
JOHN WARD
Head of Finance and Governance Services
Contact: Katherine Jeram (Member Services Officer)
01243 534674
[email protected]
East Pallant House
1 East Pallant
Chichester
West Sussex
PO19 1TY
Tel: 01243 785166
www.chichester.gov.uk
A meeting of Planning Committee will be held in Committee Rooms - East Pallant House on
Wednesday 3 February 2016 at 9.30 am
MEMBERS:
Mr R Hayes (Chairman), Mrs C Purnell (Vice-Chairman), Mr G Barrett,
Mr M Cullen, Mrs J Duncton, Mr M Dunn, Mr J F Elliott, Mr M Hall,
Mr L Hixson, Mrs J Kilby, Mr G McAra, Mr S Oakley, Mr R Plowman,
Mrs J Tassell and Mrs P Tull
AGENDA
1
Chairman's Announcements
Any apologies for absence which have been received will be noted at this stage.
The Planning Committee will be informed at this point in the meeting of any items
which have been deferred or withdrawn and so will not be discussed and
determined at this meeting.
2
Approval of Minutes
The minutes relate to the meeting of the Planning Committee on 6 January 2016
and the Special Planning Committee on 20 January 2016 (copy to follow).
3
Urgent Items
The chairman will announce any urgent items that due to special circumstances
will be dealt with under agenda item 17 (b).
4
Declarations of Interests (Pages 1 - 2)
Details of members’ personal interests arising from their membership of parish
councils or West Sussex County Council or from their being Chichester District
Council or West Sussex County Council appointees to outside organisations or
members of outside bodies or from being employees of such organisations or
bodies.
Such interests are hereby disclosed by each member in respect of agenda items in
the schedule of planning applications where the Council or outside body
concerned has been consulted in respect of that particular item or application.
Declarations of disclosable pecuniary interests, personal interests and prejudicial
interests are to be made by members of the Planning Committee in respect of
matters on the agenda or this meeting.
PLANNING APPLICATIONS
Section 4 of the Notes at the end of the agenda front sheets has a table
showing how planning applications are referenced.
5
WH/15/03524/OUTEIA - Land North Of Stane Street Madgwick Lane
Westhampnett (Pages 3 - 53)
Residential development comprising up to 300 residential dwellings, including an
element of affordable housing, with vehicular access from Stane Street and
Madgwick Lane, associated landscaping, a community facility, open space and
children's play space, surface water attenuation and ancillary works.
6
Masterplan for the Westhampnett/NE Chichester Strategic Development
Location (SDL) (Pages 54 - 68)
The Committee is asked to consider and endorse the broad approach to
development of the Strategic Development Location as set out within the
Masterplan and Phasing Plan
7
WH/15/03884/OUT - Land North Of Madgwick Lane Westhampnett (Pages 69 92)
Outline application for the provision of playing fields with associating changing
facility, access, parking and linear greenspace. Access from Madgwick Lane
8
WW/15/03586/FUL - Thessaly Roman Landing West Wittering Chichester
(Pages 93 - 102)
9
WE/15/02815/FUL - Land South Of Home Paddock Stables Hambrook Hill
North Hambrook (Pages 103 - 117)
Change of use and minor alteration of existing stables and storage buildings to
rescue kennels and cattery together with associated storage and ancillary uses in
association with the residential occupation of Plovers, West Ashling
10
CC/15/03591/DOM - 8 Oak Close Chichester (Pages 118 - 123)
Proposed single storey rear extension, two storey side and rear extension, rear
dormer and built up gable end
11
CC/15/03419/REG3 - Plot 12 Terminus Road Chichester (Pages 124 - 135)
Replacement of an existing industrial building with a new managed workspace
business centre which will provide a mix of office and workshop units associated
car parking
12
SDNP/15/04803/FUL - Land West of Copygrove Cottage A283 Valentines Lea
to Valentines Hill Valentines Hill Northchapel (Pages 136 - 145)
Surfacing of existing forestry tracks
13
SDNP/14/05347/ADV - Stedham Common, A272 Iping Lane to School Lane
Stedham (Pages 146 - 153)
3 no. pedestrian entrance signs, 4 no. field gate signs, 1 no. car park sign and 1
no. main introduction board
14
Schedule of Outstanding Contraventions (Pages 154 - 180)
The Planning Committee will consider the quarterly planning enforcement
schedule
15
Development Management Performance Update (Pages 181 - 183)
The Planning Committee will receive a report of the recent performance of the
Development Management Service for the period October 2015 to December 2016
16
Schedule of Planning Appeals, Court and Policy Matters (Pages 184 - 203)
The Planning Committee will consider the monthly schedule updating the position
with regard to planning appeals, litigation and recent planning policy publications
or pronouncements.
17
Consideration of any late items as follows:
The Planning Committee will consider any late items announced by the Chairman
at the start of this meeting (agenda item 3) as follows:
a) Items added to the agenda papers and made available for public inspection
b) Items which the chairman has agreed should be taken as matters of
urgency by reason of special circumstances to be reported at the meeting
18
Exclusion of the Press and Public
There are no restricted items for consideration.
NOTES
1. The press and public may be excluded from the meeting during any item of
business whenever it is likely that there would be disclosure of exempt information
as defined in section 100I of and Schedule 12A to the Local Government Act 1972
2. The press and public may view the agenda papers on Chichester District Council’s
website at Chichester District Council - Minutes, agendas and reports unless these
are exempt items.
3. Subject to the provisions allowing the exclusion of the press and public, the
photographing, filming or recording of this meeting from the public seating area is
permitted. To assist with the management of the meeting, anyone wishing to do this
is asked to inform the chairman of the meeting of his or her intentions before the
meeting starts. The use of mobile devices for access to social media is permitted
but these should be switched to silent for the duration of the meeting. Those
undertaking such activities must do so discreetly and not disrupt the meeting, for
example by oral commentary, excessive noise, distracting movement or flash
photography. Filming of children, vulnerable adults or members of the audience
who object should be avoided. [Standing Order 11.3 in the Constitution of
Chichester District Council]
4. How applications are referenced:
a)
b)
c)
d)
First 2 Digits = Parish
Next 2 Digits = Year
Next 5 Digits = Application Number
Final Letters = Application Type
Application Type
ADV Advert Application
AGR Agricultural Application (following PNO)
CMA County Matter Application (eg Minerals)
CAC Conservation Area Consent
COU Change of Use
CPO Consultation with County Planning (REG3)
DEM Demolition Application
DOM Domestic Application (Householder)
ELD Existing Lawful Development
FUL Full Application
GVT Government Department Application
HSC Hazardous Substance Consent
LBC Listed Building Consent
OHL Overhead Electricity Line
OUT Outline Application
PLD Proposed Lawful Development
PNO Prior Notification (Agr, Dem, Tel)
REG3 District Application – Reg 3
REG4 District Application – Reg 4
REM Approval of Reserved Matters
Committee report changes appear in bold text.
Application Status
ALLOW Appeal Allowed
APP Appeal in Progress
APPRET Invalid Application Returned
APPWDN Appeal Withdrawn
BCO Building Work Complete
BST Building Work Started
CLOSED Case Closed
CRTACT Court Action Agreed
CRTDEC Hearing Decision Made
CSS Called in by Secretary of State
DEC Decided
DECDET
Decline to determine
DEFCH Defer – Chairman
DISMIS Appeal Dismissed
HOLD Application Clock Stopped
INV Application Invalid on Receipt
LEG Defer – Legal Agreement
LIC Licence Issued
NFA No Further Action
NODEC No Decision
REN Renewal (of Temporary Permission)
TCA Tree in Conservation Area
TEL Telecommunication Application (After PNO)
TPA Works to tree subject of a TPO
CONACC Accesses
CONADV Adverts
CONAGR Agricultural
CONBC Breach of Conditions
CONCD Coastal
CONCMA County matters
CONCOM Commercial/Industrial/Business
CONDWE Unauthorised dwellings
CONENG Engineering operations
CONHDG Hedgerows
CONHH Householders
CONLB Listed Buildings
CONMHC Mobile homes / caravans
CONREC Recreation / sports
CONSH Stables / horses
CONT Trees
CONTEM Temporary uses – markets/shooting/motorbikes
CONTRV Travellers
CONWST Wasteland
NONDET Never to be determined
NOOBJ No Objection
NOTICE Notice Issued
NOTPRO Not to Prepare a Tree Preservation Order
OBJ Objection
PCNENF PCN Served, Enforcement Pending
PCO Pending Consideration
PD Permitted Development
PDE Pending Decision
PER Application Permitted
PLNREC DC Application Submitted
PPNR Planning Permission Required S64
PPNREQ Planning Permission Not Required
REC Application Received
REF Application Refused
REVOKE Permission Revoked
S32 Section 32 Notice
SPLIT Split Decision
STPSRV Stop Notice Served
STPWTH Stop Notice Withdrawn
VAL Valid Application Received
WDN Application Withdrawn
YESTPO Prepare a Tree Preservation Order
Agenda Item 4
Chichester District Council
Planning Committee
Wednesday 3 February 2016
Declarations of Interests
Details of members’ personal interests arising from their membership of parish councils or
West Sussex County Council or from their being Chichester District Council or West
Sussex County Council appointees to outside organisations or members of outside bodies
or from being employees of such organisations or bodies are set out in the attached
agenda report
The interests therein are disclosed by each member in respect of planning applications or
other items in the agenda which require a decision where the council or outside body
concerned has been consulted in respect of that particular planning application or item
Declarations of disclosable pecuniary interests, personal interests, prejudicial interests or
predetermination or bias are to be made by members of the Planning Committee or other
members who are present in respect of matters on the agenda or this meeting
Personal Interests - Membership of Parish Councils
The following members of the Planning Committee declare a personal interest by way of
their membership of the parish councils stated below in respect of the items on the
schedule of planning applications where their respective parish councils have been
consulted:
 Mr J F Elliott – Singleton Parish Council (SE)
 Mr R J Hayes - Southbourne Parish Council (SB)
 Mrs J L Kilby – Chichester City Council (CCC)
 Mr G V McAra - Midhurst Town Council (MI)
 Mr S J Oakley – Tangmere Parish Council (TG)
 Mr R E Plowman – Chichester City Council (CC)
 Mrs L C Purnell – Selsey Town Council (SY)
Personal Interests - Membership of West Sussex County Council
The following members of the Planning Committee declare a personal interest by way of
their membership of West Sussex County Council in respect of the items on the schedule
of planning applications where that local authority has been consulted:
Page 1
 Mrs J E Duncton - West Sussex County Council Member for the Petworth Division
 Mr G V McAra - West Sussex County Council Member for the Midhurst Division
 Mr S J Oakley - West Sussex County Council Member for the Chichester East
Division
Personal Interests - Chichester District Council Representatives on Outside
Organisations and Membership of Public Bodies
The following members of the Planning Committee declare a personal interest as
Chichester District Council appointees to the outside organisations or as members of the
public bodies below in respect of those items on the schedule of planning applications
where such organisations or bodies have been consulted:
 Mr G A F Barrett - Chichester Harbour Conservancy
 Mr T M E Dunn – South Downs National Park Authority
 Mr L Hixson – Chichester Conservation Area Advisory Committee
 Mr R Plowman – Chichester Conservation Area Advisory Committee
Personal Interests – Chichester City Council Representatives on Outside
Organisations and Membership of Public Bodies
The following member of the Planning Committee declares a personal interest as a
Chichester City Council appointees to the outside organisations stated below in respect of
those items on the schedule of planning applications where that organisation has been
consulted:
 Mrs J Kilby – (Chichester City Council Member for the East Ward) - Chichester
Conservation Area Advisory Committee
Page 2
Agenda Item 5
Parish:
Westhampnett
Ward:
Lavant
WH/15/03524/OUTEIA
Proposal Residential development comprising up to 300 residential dwellings,
including an element of affordable housing, with vehicular access from Stane
Street and Madgwick Lane, associated landscaping, a community facility,
open space and children's play space, surface water attenuation and
ancillary works.
Site
Land North Of Stane Street Madgwick Lane Westhampnett West Sussex
Map Ref
(E) 487830 (N) 106239
Applicant Commercial Estates Group And The Site Landowners (DC Heaver
RECOMMENDATION TO DEFER FOR SECTION 106 THEN PERMIT
NOT TO
SCALE
Note: Do not scale from map. For information only. Reproduced
from the Ordnance Survey Mapping with the permission of the
controller of Her Majesty's Stationery Office, Crown Copyright.
License No. 100018803
1.0 Reason for Committee Referral
Parish Objection - Officer recommends Permit
Page 3
2.0 The Site and Surroundings
2.1 The application site is located between Stane Street and Madgwick Lane and forms the
south-eastern part of the Westhampnett/North East Chichester Strategic Development
Location (SDL) as identified under policy 17 of the Chichester Local Plan: Key Policies 2014
- 2029 (Local Plan). The SDL comprises 109 has although the majority of this falls within
part of the flood plain of the River Lavant. The application site is identified in the Council’s
approved Concept Statement for Westhampnett/North-East Chichester and the SDL
masterplan for residential development and community facilities.
2.2 The application site is roughly triangular in shape and is currently used as an arable
field. It has an area of approximately 13.66 hectares. The site slopes down from the north to
the south/south-west with the surrounding area generally flat in context. The northern corner
of the site, adjacent to Madgwick Lane, forms a plateau and is relatively flat but elevated in
nature with views towards the South Downs National Park and specifically the Trundle and
Goodwood Race Course. At the southern boundary of the site, along Stane Street, the land
within the site is between grade and half a metre higher than the road level.
2.3 The site is bounded by Madgwick Lane to the north and north-west, Stane Street to the
south and paddocks and St Peter's Church to the east. The north-western boundary of the
site with Madgwick Lane is defined predominantly by a hedgerow with a line of mature trees
on the western side. There are various gaps in the hedge including for a field gate on the
northern boundary. To the east, the site is bounded by a hedgerow with paddocks beyond.
The remnants of the historic village of Westhampnett arranged around the Grade II* listed St
Peter's Church, the historic Grayle House/The Close (former vicarage) and Westhampnett
House, a residential care home (previously called Church Farm) are located to the southeast of the application site. The southern boundary adjacent to Stane Street comprises a
continuous, dense and substantial hedgerow, beyond which on the southern side of Stane
Street are a number of business units including Jewsons, the Council's depot, the entrance
to the Household Waste Recycling Centre and the Gypsy transit site.
2.4 The south-western corner of the application site is adjacent to the settlement boundary
for Chichester. The grade II listed Westhampnett Mill House, listed cottages (33 and 34
Madgwick Lane) and the Sadlers residential cul-de-sac are located on the western side of
Madgwick Lane opposite the south-western corner of the site. The courtyard development of
Old Place Farm, including the grade II listed farmhouse, is located further along Madgwick
Lane. The River Lavant passes through the fields to the north-west of the application site.
2.5 To the north and west of the application site is agricultural land which also forms part of
the SDL. Further north is Goodwood Motor Circuit and Aerodrome. Approximately 1.6km to
the north of the application site is the boundary of the South Downs National Park, which
includes The Trundle (St Roche's Hill) and Chalkpit Lane and the Valdoe Sites of Nature
Conservation Interest.
2.6 The application site falls within the 5.6km buffer for the Chichester Harbour Special
Protection Area (SPA). The site is not subject to any additional statutory nature designations.
The site is predominantly in Flood Zone 1, with a small area to the west/south-west within
Flood Zone 2. The site is not located within a conservation area. There are six Grade II
listed buildings or structures in the immediate vicinity of the site and the Grade II* St Peter's
Church building.
Page 4
2.7 The SDL is approximately 2.5km from the centre of Chichester, adjacent to the A285
(Stane Street) which provides direct road links to the city. The nearest railway station is in
Chichester city approximately 3km from the site. There are existing bus stops with a regular
service on Madgwick Lane and Stane Street, which would be within 300m west or 500m east
of the proposed site accesses. St Richard's Hospital and Chichester University are located
around 1.4km and 1.7km of the site and the Portfield and Barnfield Retail Parks including
Sainsbury's supermarket are within 1km of the site. Westhampnett village, located to the
south-east of the application site, provides a small range of local facilities including a church
and primary school. Rolls Royce operates from a large site to the east of the application site.
3.0 The Proposal
3.1 This application is for a development of up to 300 dwellings (including affordable
dwellings), vehicular access, landscaping, a community facility, open space and children's
play space, surface water attenuation and ancillary works. The application is submitted in
outline form, with all matters apart from access reserved for consideration as part of a later
application.
Environmental Statement and other documents and plans accompanying the application
3.2 The application is accompanied by an Environmental Statement (dated October 2015)
which sets out the findings of the Environmental Impact Assessment of the proposals for the
residential development. This covers matters of landscape and visual impact, water,
transportation, noise, air quality, socio-economics, ecology and nature conservation,
heritage, ground conditions and contamination and cumulative effects. In addition a suite of
documents including a Habitat Regulations Assessment, Flood Risk Assessment, Transport
Assessment, assessment of effects on Goodwood Aerodrome, Policy 7 (masterplan)
compliance document, Design Review Panel report and Statement of Community
Involvement have also been submitted.
3.3 As well as the application site boundary (shown in red) and the other land in control of
the applicant (shown in blue), a set of three parameter plans (Land Use/Access and
Movement, Density Plan and Building Heights Plan) have been prepared which establish an
envelope within which the future detailed proposals will be brought forward. The parameter
plans are intended to be flexible enough to allow the detailed design to be reserved for
subsequent approval, whilst defining the key principles of the development in enough detail
to allow the likely significant effects on the environment to be assessed. These parameter
plans have been used by the applicant to inform the Environmental Statement's content and
conclusions and identify an option for the development of the site. In addition to the
parameter plans a suite of illustrative plans have also been submitted providing further
details to demonstrate how the site could be developed. These include an illustrative
framework plan, illustrative proving layout and illustrative open space and green
infrastructure.
Page 5
3.4 The parameter plans and illustrative documentation are designed to demonstrate a
potential method of developing the site, to enable the Local Planning Authority to have
assurance that the site can be developed at the density of development proposed, taking
access from the proposed location, whilst ensuring that there would be no adverse or
unacceptable impact on those matters material to the consideration of the application,
including impacts on the local and wider environment as set out in the Environmental Impact
Regulations. However, as the quantum of development and the access arrangements are
the only matters for formal consideration at this stage, the submission of the additional
documentation demonstrating potential layout, scale, density, landscaping etc. should not
fetter a full and proper assessment of these matters at the future reserved matters stage.
Therefore, whilst the parameter plans and illustrative documentation are a material
consideration at this stage it is not proposed that they are formally approved as part of the
current outline planning application, which seeks approval for the number of dwellings and
access only.
3.5 Additional documents provided during the assessment include a sketch plan showing
indicative areas of open space and green infrastructure, a level 2 foul capacity check report
from Southern Water (dated July 2015), a Highways technical note (Dec 2015), estimated
parking figures based on an indicative mix of 294 dwellings, updated air quality assessment
(Nov 2015), additional information about the dual use of the southern part of the site for
surface water management and open space and an updated illustrative housing mix table.
Housing
3.6 The development proposes a range of types and sizes of units, including 30% affordable
housing. The illustrative proving plan shows 294 dwellings. Although the application seeks
permission for up to 300 dwellings, the mix and layout are not subject to detailed
consideration at this stage. Officers consider that the illustrative proving layout provides
enough flexibility to accommodate the full 300 dwellings, especially as the illustrative mix
currently includes too many larger dwellings. In relation to affordable housing, the 30%
policy requirement for the full 300 homes would result in 90 affordable and 210 market
dwellings. The applicant has identified that the affordable dwellings will be pepper potted
throughout the site and be externally indistinguishable from the market units in form and
appearance. Although the appearance of the dwellings is a reserved matter for future
determination the Design and Access Statement suggests a traditional design approach,
detailing and a palette of materials based on a selection of local examples. Suggested
materials comprise locally sourced bricks, some weatherboarding and render and
predominantly plain roof tiles with some slate.
Community Facility
3.7 The parameter plans identify 0.25ha of land for a community facility, which is sufficient
for a new community hall (428sqm) together with car parking provision to meet WSCC
standards. This is anticipated to comprise 15-20 car parking spaces.
3.8 It has not, however, been confirmed by the Parish Council that this site is the preferred
location for the new community facility within Westhampnett and it is noted that the outline
approval for the Maudlin Nurseries site includes such a facility. On this basis, the Section
106 Agreement proposes that the Council, in consultation with Westhampnett Parish
Council, shall elect whether the owner shall provide the community hall on site or pay a
financial contribution towards provision of a community hall on the Maudlin Nurseries site,
ensuring that the Parish Council and the Council retain the option to decide the most
appropriate location for the new community hall.
Page 6
Access
3.9 Two points of vehicular access are proposed, one from Stane Street towards the eastern
end of the southern site boundary and one from Madgwick Lane approximately in the centre
of the western site boundary. The Stane Street access will be engineered with pedestrian
footpaths linking into the existing footpaths on Stane Street. The Madgwick Lane entrance
has been amended during the course of the application removing the pedestrian footpaths
from consideration at this time.
3.10 The Land Use Access and Movement parameter plan also includes a number of
pedestrian/cycle access points which link the site to the existing pedestrian and cycle routes
in the surrounding area, however the applicant has confirmed the detailed matters to be
considered under "access" exclude pedestrian/cycle access and solely relates to the position
and geometry of the two vehicular access points.
3.11 The S106 Agreement requires a number of site specific highway improvements
including the provision of a length of footway along the northern side of Stane Street to
connect from the site to the existing footway east of St Peter's Church, pedestrian access to
the playing pitches and green infrastructure to the north of Madgwick Lane, a Travel Plan
and a financial contribution towards new bus stops and passenger infrastructure on Stane
Street and a Traffic Regulation Order to enable the speed limit along Madgwick Lane to be
reduced to 40mph.
Car parking provision
3.12 Using the illustrative housing mix for 294 dwellings, the applicant has advised that 724
car parking spaces will be required on site, comprising 650 allocated spaces and the
remaining 74 being unallocated resident and visitor spaces. This amount of parking has
been calculated in accordance with WSCC's Parking Demand Tool and works on the basis
of 1 space for each 1 bed flat, 2 spaces for 2 and 3 bed properties and 3 spaces for 4 or 5
bed dwellings. This results in an average of 2.46 car parking spaces per dwelling. The
illustrative proving layout shows the parking predominantly on-plot with some provision within
parking courts and the applicant confirms that a suitable level of parking provision can be
provided on the site. At reserved matters stage sufficient parking spaces will need to be
accommodated within the layout.
Open space and Landscaping
3.13 The illustrative open space and green infrastructure plan shows three main areas of
open space:

The central green, located in the south-eastern part of the site, which would be
fronted by residential dwellings and the community hall.

A landscape ride (between 12- 22m wide approx. and 365m long) is proposed
along the north and north-western boundary, adjacent to Madgwick Lane to provide
an area of landscape transition between the application site and the rural area to
the north of Madgwick Lane.
Page 7

An area of open space and a play area (including an equipped play area) together
with SuDS and perimeter planting in the western / south-western corner of the site.
The equipped play area is shown within flood zone 1 and the natural area of open
space and the SuDS are located within flood zone 2. The SuDS and perimeter
planting continues along the southern boundary, adjacent to Stane Street
culminating in a small area of open space adjacent to the community facility and
the pedestrian access to Westhampnett village.
3.14 In accordance with the masterplan, the S106 Agreement also requires the provision of
a publicly accessible green infrastructure route, between Madgwick Lane and the playing
pitch, comprising a footpath and cycle path. Outline application 15/03884/OUT for the
playing fields and green infrastructure for phase 1 accompanies this application on the
agenda.
3.15 In terms of landscaping, the illustrative open space and green infrastructure plan has
been amended through the course of the application to retain the existing hedgerow on the
northern, western and southern boundaries, excluding that required to be removed to
achieve visibility splays. In these areas there is scope for replacement planting behind the
splays. A belt of woodland planting is proposed along the eastern boundary. On the
southern boundary the existing hedge, adjacent to Stane Street, is to be retained with the
proposed SuDS incorporated into the landscaped buffer. Perimeter planting is proposed to
the rear of the open space, play area and SuDS in the south-west corner of the site. Tree
planting is proposed on the southern part of Madgwick Lane together with the retention of the
existing hedgerow. As referred to above, to the north of the vehicular access from Madgwick
Lane, a landscaped ride is proposed incorporating the retained hedgerow and additional tree
planting. Internally the primary roads running north and west from the central green are
shown as wider streets with formal tree and hedge planting.
4.0 History
14/01159/OUTEIA
PCO
Residential development
comprising up to 300 residential
dwellings, including an element of
affordable housing, with vehicular
access from Stane Street and
Madgwick Lane, associated
landscaping, a community facility,
open space and children's play
space, surface water attenuation
and ancillary works.
15/00079/NONDET
INPROG
Page 8
15/03884/OUT
PCO
Outline application for the provision
of playing fields with associating
changing facility, access, parking
and linear greenspace. Access
from Madgwick Lane.
5.0 Constraints
Listed Building
NO
Conservation Area
NO
Rural Area
YES
AONB
NO
Strategic Gap
NO
Tree Preservation OrderNO
South Downs National NO
Park
EA Flood Zone
- Flood Zone 2
YES (part)
- Flood Zone 3
NO
Historic Parks and
NO
Gardens
6.0 Representations and Consultations
6.1 Westhampnett Parish Council
The application was validated 12.10.15. The Parish Clerk was notified by letter dated 28
October 2015. The notification states that the statutory consultation period starts from the
date of the weekly list the date of which is not given.
Tangmere Wastewater Treatment Works are scheduled for completion by 31 December
2017.
Drawing 5753 / P001B: Framework Plan.
1.
Proposed removal of existing boundary hedgerows.
Objection to the proposed removal of existing boundary hedgerows, trees and planting from
the western end of Stane Street, continuing alongside the roundabout and for the entire
length of the site bounding Madgwick Lane up to Stocks Lane. Westhampnett Parish is a
rural community and wishes to retain its existing rural character, removal of the existing
indigenous hedgerow would destroy the rural character and have an adverse effect on
wildlife habitat, especially birds. The Parish Council considers that the existing hedgerows
should be retained and enhanced with English native planting.
2.
The width of the western end of the proposed new ride along Madgwick Lane
This should be extended to the central green area adjacent to the roundabout, so that it is
the same as that for the eastern end, in order to provide a buffer for the existing dwellings on
the northern side of Madgwick Lane.
Page 9
3.
Position of equipped play area.
Objection to the proposed position of the equipped play area at the western end of the site.
Westhampnett Parish Council:
a.
considers the proposed location too remote from the northern part of the site
b.
is concerned about Health and Safety issues as the location is close to a major traffic
intersection and proposed water park; further exacerbated by the proposed removal
of an existing, protective boundary hedgerow. The Parish Council considers that this
facility should be located in the centre of the site.
4.
The Central Green Area.
Objection to the proposed position. Westhampnett Parish Council considers that this should
be centrally located together with the equipped play area.
5.
Community Facility.
Westhampnett Parish Council considers that if this is included, it should be located together
with the equipped play area and central green area however, the need for such of a facility is
currently unidentified. A community hall is going to be built on another site which is centrally
located between Westhampnett and Maudlin. It is questionable as to the need and viability
for two such facilities within the Parish
6.
Pedestrian Access between the Site and Stane Street.
Objection. The number of proposed access points into the development is excessive.
There is no pavement on the northern side of Stane Street, thus pedestrians and cyclists
would be forced to cross this very busy road. Two access points, one at the east end and
one at the west end would be sufficient. The eastern end would require a central reservation
for safety reasons.
7.
Foot/cycle path alongside Madgwick Lane.
Objection. No provision has been made within the site for a foot/cycle path close to the
boundary with Madgwick Lane, to link the proposed crossing of the lane at the eastern end
(opposite the entrance to Stocks Lane) with the roundabout at the western end. The Parish
Council considers that such a provision should be made for the following reasons:-In the
interests of safety. Currently there is no footpath; the lane is increasingly used by both
pedestrians and cyclists, pedestrians are at risk and cyclists cause problems for motor traffic
with potential risk to both.
During special events at Goodwood, there are a lot of pedestrians in the lane. Creation of a
pedestrian/cycle link would provide access to the South Downs national park.
Drawing 5753 / P002B: Density Plan.
Areas coloured Very Pale Blue and Pale Blue. It is noted that the proposed density and
number of units for these areas are:-Very Pale Blue: Density 15 - 25 Number of units 19.
Pale Blue: Density 20 - 30 Number of units 29.The Parish Council has no comments to make
on these proposals.
The remaining development, areas coloured Mid-Blue and Dark Blue. Objection to the
proposed allocated mid and dark blue areas. The Parish Council considers that this should
be a mixed development; dispersed and integrated to avoid adverse social grouping impacts.
This would allow the central green area and equipped play area to be joined in the middle of
the site and would free up the existing position for the play
area to become a nature walk.
Page 10
Drawing 5753 / P003B: Building heights.
The Parish Council has the following objections to the proposals:
1. During consultations with the applicant's agents, representatives of the Parish Council
were assured that there would not be any 3 storey development. Drawing 5753 /
P003B indicates to the contrary. Westhampnett Parish Council objects to any 3 storey
development on this site.
2. The area coloured mid-green adjacent to the southern end of the west boundary
indicates development up to 1.5 storeys, conflicts with proposals on drawings
5753/001B and 002B which indicate this area for a Community Facility.
3. Proposed disposition of building heights. The Parish Council considers that this should
be a mixed development which is dispersed and integrated, to reflect a rural
environment and avoid the perception of a walled fortified city. Sight lines to the South
Downs and Cathedral should be preserved. On the current proposals they are not.
Drawings 5753 / SK 58 and SK 59: SDL Masterplan and SDL Phasing Plan
The proposals for temporary vehicle access from Madgwick Lane and sports pitches; parking
and changing facilities are contained within documents supporting the Outline Planning
Application WH/15/03524/OUTEIA comments for which are attached to this document.
At a time when there is so much uncertainty about solving the housing needs of the County,
and Chichester District in particular, we are now being asked to consider a recommendation
for the provision of "green spaces" for the enjoyment of the local community. We,
Westhampnett Parish Council strongly oppose the so called green space application for the
banks of the Lavant and the associated roadway. According to the Strategic Development
Location Plan 5753/SK52, the area access route is identified as a pedestrian/cycle route, on
Plan 5753/SK59 the route is identified as a Temporary Vehicular Access Route. CDC flyer
identifies the route as Linear Green Space, clearly a confused contradiction of description.
What do these terms mean and how can they all apply to the same infrastructure?
Why is this intrusion on agricultural land needed when there are at least 5 sport facilities
available to the residents of Chichester without encroaching on green agricultural land? In
the absence of much more meaningful research and evidence showing irrefutable demand
for the sports specified surely the existing facilities of Westgate Leisure, Oaklands Park,
Chichester College, Chichester Academy and Goodwood Leisure Centre provide ample
amenity for the Tennis Fraternity without this intrusion into a secluded remote area. The
unnecessary development promotes an introduction of cars, associated roadways, parking,
air pollution, light pollution, and noise pollution onto an agricultural area. Also an expansion
of surface water run off onto an area already subjected to flooding and a green area clearly
identified as being unsuitable for development.
Page 11
Do you not feel the intrusion of 300 extra houses is enough for this small village area, without
attempting to flood it with imported cars and people under the illusion that this proposal is a
green initiative. As a Parish which embraces the importance and continued success of the
Goodwood Estate we already welcome nearly half a million visitors to "our patch" through the
year is it justified to add yet more regular and sustained traffic into the neighbourhood. CDC
proposal introduces an intrusive route for cars, cycles and pedestrians off Old Place Lane,
two meters away from the windows of grade 2 listed cottages, causing a lack of privacy and
security plus a reduction in the quality of life for existing residents. If the proposal is seen to
be justified why is the existing agricultural roadway, leading to the development area, not
being used or improved rather than waste money on creating a new road that only serves to
destroy the quality of life for those living near it. If the need for additional sports facilities is
that pressing there is a site available on the 300 house site identified as Community Facility
Area that may accommodate the requirement in a far better location than a site subject to
flooding and in the middle of a green agricultural area.
This proposal is a chronic waste of CDC financial resources whilst paying lip service to a
green policy that is defeated by its own proposals of increased pollution, both from cars,
light, noise and flooding. There is no justification for this pointless waste of money and
destruction of our already eroded countryside.
In Conclusion.
Westhampnett Parish Council strongly objects to the entire concept for the development.
This should be a rural development and an extension to a village. It is not an urban housing
estate nor is it an extension the Chichester City. None of the proposals reflect this; the
concept is based on an Urban not a Rural development. How many times must the Parish
Council have to say that Westhampnett is a rural community and wishes to remain so? All
development should reflect this fundamental wish of the local community which should be
listened to. To ignore this is contrary to National Government Policy.
It is recognised that this is an Outline Application and that the information presented on the
drawings is for informative purposes. However, if the Parish Council's comments are taken
into consideration this will alter the layout and could have an effect on the final numbers.
Therefore the Parish Council requests that this application is either withdrawn by the
applicant or refused by the Chichester District Council
6.2 Chichester City Council
No objection but:
i.
would re-iterate the need to maintain a 400m buffer zone from the Goodwood Airfield
boundary
ii.
raise serious concerns about the cumulative impact of this and other developments
on the east side of Chichester on the road system into the City
Page 12
6.3 Environment Agency
No objections. Pleased to see all built development will be located in Flood Zone 1 with only
open space and attenuation features partly located in Flood Zone 2.
We note the proposed approach to foul drainage is for the site to drain to Apuldram WwTW
with the longer term intention of phasing some parts of the site to flow to Tangmere WwTW.
Due to the scale of development we recommend that prior to determination you establish
whether sufficient headroom is available. We would support long term proposals for this site
to drain to Tangmere WwTW.
Prior written consent of the EA is required for any proposed works or structures in, under,
over or within 8m of the top of the bank of the River Lavant.
6.4 Southern Water
Following initial investigations, there is currently inadequate capacity in the local network to
provide foul sewerage disposal to service the proposed development. Additional off-site
sewers or improvements to existing sewers will be required.
Connection to the public sewerage system should only be permitted if it can be
demonstrated that there is adequate treatment and sewerage capacity available to serve the
development. Occupation should not take place until the LPA and Southern Water are
satisfied that adequate wastewater treatment facilities exist to effectively drain the
development. The development will be dependent on the provision of infrastructure for
adequate wastewater conveyance and treatment to meet strict environmental standards.
Southern Water is progressing a significant investment scheme to upgrade the existing
Tangmere WwTW in order to deliver additional capacity. The current delivery date of this
scheme will be 2017.
There are no public surface water sewers in the area to serve this development. Alternative
means of draining surface water from this development are required, which should not
involve disposal to a public foul sewer. The Council's technical staff should comment on the
suitability of discharging surface water to a watercourse. No new soakaways, swales, ponds,
watercourses or any other surface water conveying features should be located within 5m of a
public gravity sewer, rising main or water main. Planting restrictions would also apply.
The applicant will need to demonstrate long term maintenance of SuDS facilities can be
ensured in perpetuity. Any sewer found during work shall be investigated with Southern
Water before further works take place.
6.5 Highways England
No objection on the basis that the Council will be collecting a contribution towards the
highway mitigation works required by the Local Plan.
Page 13
6.6 Historic England
Historic England acknowledge the reduction in density at this site, but think that the issues
raised in our letter of 9 May 2014 in response to application 14/01159/OUT still apply here.
The open land proposed for development forms part of the setting for a number of
designated heritage assets including the grade II* listed Parish Church of St Peter. The
development would cause harm to this asset (and almost certainly to grade II assets)
because of the erosion of the rural character which contributes to its significance and more
broadly because of the appreciation of the medieval church in open views. Recent appeal
decisions are relevant, particularly the Barnwell Manor decision. Harm should be weighed
against public benefits in accordance with ss. 16, 62 of the 1990 Act and NPPF paragraphs
132-4 and 137.
Comments from 14/01159/OUTEIA
The scattering of listed and historic buildings surrounding the application site are remnants of
an old agricultural and early industrial landscape. The Built Heritage Assessment identifies
the development would be harmful (in some cases quite severely so) to the setting of
designated heritage assets. Notwithstanding later development in the area, the grade II*
listed Saxo-Norman parish church continues to be appreciated as a rural parish church in a
remnant agricultural landscape. While we differ from the applicant on the degree of
significance that the Church derives from its setting, I do conclude that the level of harm that
would be caused is likely to be less than substantial so should be assessed under paragraph
134 of the NPPF. The LPA should assess the impacts to grade II listed assets which are in
closer proximity to the application site, and consider the requirements of paragraph 137 of
the NPPF and English Heritage guidance. We recommend the advice of the County
Archaeologist is sought in relation to buried undesignated archaeology.
6.7 Sussex Police
The Design and Access Statement has taken crime prevention measures into account in
accordance with the NPPF. Outward facing dwellings will create good active frontages with
streets and public areas being overlooked. Parking arrangements should leave streets free
and unobstructed. Communal parking must be in view of active rooms.
It is important that boundaries between public and private spaces are clearly defined. It is
desirable for dwelling frontages to be open to view. Perimeter fencing and any gates,
particularly for side and rear gardens should be robust. It is important to avoid windowless
elevations and blank walls adjacent to public spaces to prevent anti social behaviour.
The central green space is positioned well with very good surveillance from the surrounding
dwellings. Planting should be kept low. The location of leisure areas including Local Areas of
Play (LAP) and Local or Neighbourhood Equipped Areas of Play (LEAP/NEAPs) will require
careful consideration, as will the detail of their layout and landscaping. Lighting throughout
the development is an important consideration.
Page 14
6.8 South Downs National Park Authority
Our principal considerations relate to the lack of a comprehensive masterplan for the SDL in
its entirety, including a strategy for green infrastructure provision and opportunities for
improved recreational provision. The low degree of analysis of the potential landscape and
artificial lighting impacts upon the South Downs National Park are also causes for concern.
Landscape
The contextual assessment seems very poor and the connections between the site and its
setting weak. The lack of a comprehensive masterplan limits the ability of the individual
sections of development to respond strategically to landscape. The overall impact could be
greater than the sum of the parts. If all parts of the site push landscape to the edges, this is
likely to result in an uninteresting suburban landscape of development islands with no design
integrity for the wider scheme.
Lighting
The application is not accompanied by a lighting assessment, taking into account views from
within the National Park (particularly from the Trundle). The SDNPA recommends that the
District Council seeks details outlining the management of light pollution in order to protect
dark night skies within the National Park. At this stage it is not clear what extent of harm
there would be and the impact of this lighting could be easily reduced.
Design
The current application presents a layout for only 300 of the 500 dwellings allocated for the
site and is therefore by nature not part of a 'comprehensive masterplan'. This piecemeal
approach diminishes the integrity of the Local Plan policies, the compliance document's 'site
wide masterplan' and assessments of impacts on the South Downs National Park.
The area between the two land parcels is a floodplain which would mean that there is a likely
potential risk of these two communities being separated by flood water and unusable playing
pitches. SDNPA wish to stress the importance of the River Lavant corridor. A variety of
green spaces should be integrated into the development to give good recreation
opportunities for all. The green infrastructure plan should encapsulate the benefits of being
in such close proximity to, and the character of, the National Park. The strategy does not
appear to pull the natural environment through into the development site, but formalises a
landscape within itself.
Access and Recreation
The principle of delivery of green links to the SDNP (LP policy 7 and 17) would support the
second purpose of the National Park. The SDNPA is therefore encouraged to see that the
revised "Site Wide Masterplan" (drawing nos. 5753/SK58 and 5753/SK59) indicates a new
pedestrian/cycle route to be created alongside the River Lavant as far as the northern end of
the SDL (albeit that it would link with footpaths and so would be of limited benefit as a
cycleway). However, it is a pity that such a link is indicated as being provided as part of a
second phase of development. Unfortunately the footpaths towards the SDNPA that the
proposed pedestrian/cycleway would connect with also lead only to a dangerous section of
Fordwater Road.
Page 15
If the playing pitches (15/03884/OUT) are to be permitted, it will be essential that these are
linked by a legal agreement ensuring that the facilities are provided at an appropriate stage
during the construction of the housing development. It would be preferable to ensure delivery
of as much as possible of this as part of a first phase of development. It is questionable
whether the road/track from the application site to the site of the proposed sports pitches can
truly be described as a "linear green space". A development of the scale proposed should
also allow sufficient on-site formal and informal recreational opportunities in order to reduce
impacts on the National Park from the day-to day recreational needs of residents.
Ecology
Opportunities for improved habitat connectivity along the Lavant valley (a Biodiversity
Opportunity Area) need to be identified and addressed as part of the application.
Mineral Assets
The site is within a Minerals Safeguarding Area for unconsolidated gravel. Unnecessary
sterilisation of minerals resources should be avoided as it could result in pressure for
extraction elsewhere on sites within or closer to the SDNP.
Whilst it is accepted that the current application is at outline stage, the SDNPA is concerned
that the level of detail provided is insufficient to ensure that the proposal will not cause harm
to the purposes and special qualities of the national park and accordingly wishes to raise the
above concerns until such a time as the requested details are available to assess.
6.9 WSCC Local Development Division
The applicant agreed the scope of the Transport Assessment (TA) for the original application
(resubmitted here) with the Local Highway Authority (LHA). The supplementary TA for this
application focuses primarily on revised future year assessments in light of a later build out
programme.
Vehicular access
The proposed access onto Stane Street is to be the primary access, with a secondary
access onto Madgwick Lane. Both are priority give way junctions, designed in accordance
with the Design Manual for Roads and Bridges (DMRB). Both junctions have been designed
to reflect road speeds prior to a recent reduction on Stane Street from 40mph to 30mph and
from 60 mph to 40 mph on Madgwick Lane. The visibility splays could be revisited to reflect
current recorded road speeds. The LHA are content that both junctions would operate within
capacity and not result in any notable queueing or delays on through traffic. Right turn lanes
are not considered necessary due to the very low number of right turn movements and may
increase the risk of unauthorised overtaking. The scheme has been revised to respond to the
results of a Stage One Road Safety Audit and will result in acceptable vehicle junctions that
are not anticipated to result in unacceptable highway safety or capacity issues.
Page 16
Pedestrian access
The illustrative layout (SK02B) indicates a number of pedestrian access points, with four
along Stane Street. This number could be rationalised and the access immediately west of
the vehicular access removed. The footway on the northern side of Stane Street should be
extended westwards within the public highway boundary to the westernmost Stane Street
pedestrian access, removing the need for eastbound pedestrians to cross, including to
access the Earl of March School. This should be secured through S106 obligation.
The LHA are satisfied with the desire lines justifying the proposed crossings, although the
more south westerly accesses along Madgwick Lane could be combined. The landscaping
around these accesses needs to provide good visibility. There is conflicting information in
relation to the proposed Madgwick Lane access with regard to the location and extent of
footways.
Trip generation and capacity
The network capacity to accommodate the proposed development has previously been
considered to include consented developments including Graylingwell, Shopwyke Lakes and
Barnfield Drive Phase 1. A further assessment includes Barnfield Drive Phase 2 for the PM
peak figures only due to the retail nature of that development. The build programme has also
been altered from 2014-2019 to 2015-2021. However from the scenario presented, it is
impossible to determine what impacts are arising as a consequence of the proposed
residential development.
Relevant junctions are the Madgwick Lane/ Stane Street roundabout, Westhampnett
Road/Barnfield Drive roundabout (approved, not yet built), Westhampnett
Road/Sainsbury/Portfield Way roundabout and the Westhampnett Road double miniroundabouts. The presence of the future Barnfield Phase 2 link road may offer betterment.
The assessments take into account all committed development and forecast all but the
Westhampnett Road double mini roundabouts will continue working within theoretical
capacity taking account of the proposed development. The Westhampnett Road double mini
roundabouts are already operating above their theoretical capacity as is evidenced in the
modelling. No acceptable solution has been presented to manage the additional capacity
pressure generated by the proposed development.
Accessibility
The proposed 2km and 5km walk and cycle distances are in part based on archived
guidance but are accepted as reasonable for this assessment. It is evident that there are a
wide range of retail, employment and educational facilities within walking and cycling
distance of the site. The development should secure improvements to local bus stops
including a further westbound stop and contribute towards the Chichester to Tangmere cycle
route as well as other measures detailed in policy 13 of the CLP through the S106
agreement. The revised framework travel plan should be implemented, and included in the
S106.
There is insufficient information on which to comment on layout at this outline stage. The site
is conveniently located to the trunk road network. Mitigation would be required during
construction.
Page 17
Further comments following receipt of additional technical note (14.12.15)
No objection subject to conditions relating to vehicle and pedestrian access, visibility splays,
temporary construction access, car parking spaces, cycle parking, construction of the
internal roads, footways and casual parking areas, construction management plan and two
informatives requiring the applicant to enter into a Section 278 Agreement to cover the offsite highway works and a Section 38 Agreement to cover the on-site highway works.
Access
The LHA have previously accepted the proposed vehicular accesses onto Stane Street and
Madgwick Lane. No additional comments are required in respects of these. The drawings of
the Madgwick Lane access have been revised to remove the pedestrian footways.
Pedestrian accesses onto Stane Street could be reduced through a reserved matters
application. A length of footway is also to be provided on the north side of Stane Street, to
connect to the existing footway by St Peters Church. Details can be secured within the s106.
Highway Capacity and Modelling.
The modelling work has been revised to assess the impact of development using two
different layouts; the existing double mini-roundabouts, and a potential improvement
involving the conversion to priority junctions. The latter would represent a capacity
improvement. The final form of improvement would be subject to further consultation and
agreement by the County Local Committee. At the present time there is no committed
improvement scheme.
The inclusion of the proposed development would increase queues and delays on the
majority of arms. However it is evident that traffic generated from the development is not the
sole cause of these issues. This is best demonstrated by the results for the eastbound A285
arm of Westhampnett Road. This is the worst performing arm, with forecast delays of 638
seconds without development. With development delays increase by 37 seconds. The
actual impact from the development is immaterial viewed against the base situation. Delays
would increase by 48 seconds on the St James Road arm (from 157 seconds to 205
seconds) and 42 seconds on the Spitalfield Lane arm (53 seconds to 95 seconds).
The National Planning Policy Framework states that development should only be prevented
or refused on highway grounds where the residual cumulative impacts of the development
are severe. The development is required to contribute towards measures listed within Policy
13 (Chichester City Transport Strategy) of the adopted Chichester DC Local Plan. The
policy wording includes a requirement to explore potential options for reducing traffic
congestion and safety at key junctions, which include the mini-roundabouts on
Westhampnett Road. A contribution towards an improvement scheme would resolve the
residual impact of the development as well as having a general betterment for all traffic. The
development would also be required to implement a travel plan. This would assist in
encouraging the use of alternative transport modes, and reducing the use of the private car,
and therefore traffic congestion.
In summary, taking account of the measures proposed (the contribution towards mitigation
and the travel plan), it is not considered that this development would result in a severe
residual cumulative impact.
Page 18
S106 Obligations/Off Site Improvements
The development would need to contribute towards a number of measures listed within
policies in the Chichester DC Local Plan, namely matters in policy 13. There are other
specific contributions/obligations required. These are:

The provision of a length of footway in accordance with plans and details submitted
to and approved in writing by the LHA along the northern side of Stane Street
leading from the most easterly proposed pedestrian access into the development to
connect to the existing footway east of St Peter's Church. This should be provided
prior to first occupation.

A contribution of £20,000 towards new bus stops and passenger infrastructure (to
include timetables and shelters) on Stane Street in the vicinity of the proposed
development. This contribution would be held for a period of 10 years and used
should additional passenger infrastructure be requested.

A contribution of £6,000 to fund and promote alterations to the Traffic Regulation
Order to enable the speed limit along Madgwick Lane to be reduced to 40mph. It is
recommended that this is paid upon commencement.

To implement a travel plan in accordance with the approved framework. The travel
plan should be implemented upon first occupation.
Conclusion
The LHA have reviewed the information submitted. It is not considered that this proposal
would have any severe highway impacts. No highway objections would consequently be
raised.
6.10 WSCC Flood Risk Management
The site is identified to be at low risk from surface water flooding. Any existing surface water
flow paths across the site should be maintained or appropriate mitigation strategies
proposed.
The proposed development is shown to be at high or moderate risk from groundwater
flooding. This risk and appropriate mitigation should be considered in any future designs
especially with regard to underground structures and utilities. Where the intention is to
dispose of surface water by soakways or infiltration, these need to be shown to be suitable
through detailed assessment. The LPA should consult the EA if groundwater contamination
is considered a risk.
There are no records of historic local flooding.
Advice is offered on general SuDS principles including the need to use sustainable drainage
principles and an assessment of the hydrological and hydrogeological context of the site to
inform a full surface water drainage strategy. Proper maintenance arrangements of SuDS
systems will be expected.
Page 19
6.11 CDC Environmental Health Officer (noise)
The proposal is for housing within 400m of Goodwood Motor Circuit (GMC) and Goodwood
Aerodrome (GA). However, having considered the outcome of noise monitoring carried out
at the application site it indicates that the site would be dominated by road traffic noise
arising from Madgwick Lane and Stane Street.
Thus given the location of the site and its proximity to adjacent roads (Stane Street and
Madgwick Lane), noise modelling is required at reserved matters stage to predict day (07:00
to 23:00) and night (23:00 to 07:00) LAeq noise levels from the roads across the
development site. The model will need to be run for two scenarios: with the land without
development and with the land in its proposed development. There may be a need to run a
series of models for different options.
This will be an essential consideration in the design and layout of the buildings giving both
acceptable indoor noise levels and outdoors for the reasonable enjoyment of gardens.
We do not wish to object to this application but consider that the prevailing acoustic
environment ought to be taken into consideration and appropriate adaptation made to the
development to protect the future occupiers should permission be granted.
6.12 CDC Senior Environmental Health Technician
Air Quality
The air quality assessment (AQA, ES Chapter G) has considered a number of receptors
including the St Pancras AQMA. For completeness, the AQA should have also considered
what impact the development is predicted to have on the other AQMA locations within
Chichester, i.e. receptors within the Stockbridge roundabout and Orchard Street AQMAs.
Air quality management during construction should be set out within a Development
Management Plan, controlled by condition.
Ground contamination
As set out in Chapter K of the ES, no sources of potential ground contamination were
identified at the site, however a watching brief should be kept for a site of this size, in case
unexpected contamination is encountered.
The mitigation measures set out in section K6.1 including pollution control measures
included in the surface and storm water management designs, should be secured by
condition.
A construction and environmental management plan (CEMP) is required to control potentially
contaminating activities. Measures should include suitable storage of contaminants,
restrictions over discharge of water and emergency procedures.
Further comments
Further information provided by the applicant's Civil, Structural & Environmental Consultants
on air quality impacts and assessment.
We are satisfied with this response and do not require any further information on this matter.
Page 20
6.13 CDC Housing Enabling Officer
This is an important strategic housing site for the district. A full 30% quota of affordable
housing is required in-line with the new local plan. The application is for up to 300 total units
and details of the mixes are indicative only at this stage and based on 269 total.
30% of units will be affordable and should be split 70/30 affordable rent/intermediate housing
as recommended by the current 2012 Strategic Housing Market Assessment (SHMA). Any
fractions of a unit will be provided as a commuted sum, to be assessed at the time the final
mix is known.
Two-bedroom upper storey flats can be difficult to let and are unsuitable for young families
and people with mobility issues. The majority of 2-bedroom affordable rented units should be
houses and ground floor flats with private gardens. Some of the 4b units may be taken as
large, 6 person 3 bedroomed of the same floor area as a 4 bedroom unit.
Sizes should meet any the Department for Communities and Local Government nationally
described space standards. 10% of the affordable rented units should be built to Lifetime
Homes standards and a mix of 1,2 and 3 bedroom units, with up to 50% adapted to full
wheelchair standard if required..
The affordable housing should be pepper potted through the site in groups of no more than
10 and be externally indistinguishable from the market housing. Affordable units of different
tenures must be phased throughout the development of the site and handed over to an
approved body on completion.
The SHMA concludes that the mix of market housing in Chichester district should be focused
to a greater degree on smaller properties. Large numbers of 4+ bedroom houses, although
attractive to wealthy incomers, do not meet the needs of many local residents, particularly
younger economically active ones.
The overall indicative market mix, based on the outline numbers (p14 of the Planning
Statement) minus a SHMA compliant affordable mix provides too many 4 and 5 bedroom
houses (40% rather than 15%) and too few smaller family 3 bedroom homes (26% rather
than 50%). This is not acceptable.
Page 21
Further comments
The table below responds to the amended mix set out on page 7 of the Nexus Planning letter
of 18 December 2015. It still provides too many 4 and 5 bedroom houses (36% rather than
15%) and too few smaller family 3 bedroom homes (30% rather than 50%). This is not
acceptable. It is appreciated that the mix and numbers are indicative only at this stage, but
they depart very significantly from the SHMA. In order to be acceptable to Housing the large
market houses numbers need to be in line with the SHMA.
Affordable Housing 30% (88
no.) - approximate mix
Total
indicative
Rent 70% (62 no.)
Intermediate
30% (26 no.)
proposed
mix
1bf
24
2bf
31
2bh
62
3bh
Market Housing 70% (206 no.)
proposals after AH deducted
Implied
proposed
market mix
10-15%
8
6
10
% of
proposed
market
units
SHMA mix
% (& no.)
for market
units
5%
35% (72)
30-35%
20
14
59
29%
91
35-40%
23
6
62
30%
50% (103)
4bh
56
15-20%
11
0
75
36%
15% (31)
5bh
30
0
0
0
Total
294
100%
62
26
206
100%
100%
6.14 CDC Archaeology Officer
Archaeological evaluation of this site has demonstrated that it contains a series of features
and deposits of archaeological interest whose significance merits proper recording prior to
destruction. A full archaeological investigation in accordance with a pre-agreed specification
can be reasonably secured by condition as recommended.
6.15 CDC Drainage Engineer
Surface water drainage is to be dealt with by sustainable drainage systems or attenuated
discharge into a watercourse. Infiltration SuDS systems should be prioritised before
considering discharging to a watercourse. The infiltration structures should then be
designed so that the base is higher than the recorded peak groundwater level, and should
contain the 1 in 100 year storm event plus 30% and have a half drain time of 24 hours or
less. The infiltration structures may be a combination of soakaways, swales, basins etc.
The design should be informed by the groundwater monitoring and percolation test results
provided in the drainage strategy.
Page 22
If ground conditions make infiltration difficult, it should still be investigated for the disposal of
some surface water. Any surface water that cannot infiltrate to ground may be discharged to
a watercourse at a rate restricted to the equivalent greenfield runoff rate for the site. If a
basin or other attenuation feature is to be used, it should still have its base above recorded
peak groundwater levels so that storage is not lost, or it should be designed with an
impermeable liner that is weighted so as not to float. It is best to design attenuation
structures above peak groundwater levels, and essential for infiltration structures.
A maintenance plan and schedule will be required, detailing the responsible parties and the
type and frequency of maintenance, including predicted costs. Various conditions are
recommended.
6.16 CDC Environmental Strategy Officer
Original comments disregarded at the request of Environmental Strategy Officer.
Revised comments
Hedgerows - The hedgerows along Madgwick Lane and Stane Street are used by bats for
foraging, commuting and provide a vital link for the green infrastructure within the wider
landscape for many species. The hedgerow removal and thinning is unnecessary and will
impact heavily on the green infrastructure of the site and wider landscape. It has been
proven that these hedges have high levels of bat activity and thus bats would be severely
impacted by the removal of the hedgerow. Object to the current plans. The plans should be
amended to ensure all of the hedgerows on site are retained with a 5m buffer around them,
excluding a small area for road access if necessary. The removal of the hedgerows on site
will have a much wider impact than the proposed wildlife enhancements upon biodiversity
and protected species.
Reptiles - The field margins and hedgerow lines provide reptile potential. The hedgerow and
buffer protection will protect the reptile habitat and should be fenced off during construction.
The field should continue to the farmed and/or mowed monthly to ensure reptile habitat isn't
created on site, or full reptile surveys will be required prior to development.
Bats - The lighting scheme will need to take into account the presence of bats in the local
area and minimise light disturbance and spillage. Any trees to be removed will need to be
assessed for bats in advance, with surveys submitted pre-determination.
Birds - Any works to vegetation are to take place outside the breeding season of 01 March to
01 October, or an ecologist would need to check the site within 24 hours of any works
starting and recommendations followed.
Badgers - Badgers use the site for foraging. The buffer strips should be retained for this
purpose.
Enhancements - There are very few enhancements proposed for the site, which due to the
site size is unsuitable. Much higher levels of enhancements would be expected. The
proposed woodland area is predominantly made up of a play area and drainage works and
the other area of green space is completely isolated from the wider landscape. Expected
biodiversity enhancements include wildlife/woodland area within the southern part of the site
incorporating semi-improved grassland, woodland area, dead wood and a wildlife pond,
native planting, hedgerow gaps filled, wildflower seeding, bat and bird boxes and badger
foraging habitat.
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Recreational disturbance - The development will have an in-combination effect on the Solent
Maritime SAC. Avoidance measures will need to be secured, in the form of a payment per
dwelling of £174, payable on commencement to ensure avoidance measures funded by this
money are in place prior to first occupation.
Further comments
Additional illustrative green infrastructure and open space plan received 18 Dec 15.
Following review of the information we are satisfied that the hedgerows are being retained
throughout the site. As part of the hedgerow retention we require that there is a buffer strip
around the hedgerows (5m) and during construction fencing should be used to ensure this
area is undisturbed. Any gaps should also be filled in using native hedge species to improve
connectivity. Conditions should be used to ensure this.
The lighting scheme for the site will need to take into consideration the presence of bats in
the local area and the scheme should minimise potential impacts to any bats using the trees,
hedgerows and buildings by avoiding unnecessary artificial light spill through the use of
directional light sources and shielding.
6.17 CDC Waste Services Officer
Site layout
Attention should be paid to the size, weight and turning circle of District Council freighters.
Freighters should not have to reverse excessive distances. All turning areas should be able
to cater for the large freighters. All road surfaces should be constructed to take the weight of
a 26 tonne vehicle. Parking restrictions may be required to prevent obstructions on the
internal roads. Bin collection points should be outside the front of properties or just inside the
boundary. Where driveways are shared, the collection should be at the driveway entrance.
All communal bin storage areas should be of a sufficient size and design to enable each bin
to be opened and taken out individually.
Bin provision
Individual properties will require one waste and one recycling bin of either 140ltrs or 240ltrs
capacity each depending on dwelling size. Communal bins of 1100ltrs are available for
groups of apartments.
6.18 CDC Conservation and Design Manager
Historic Environment
The Built Heritage Statement submitted with application refers to out of date policy, guidance
and advice. The applicant's argument that buildings and settings are different and significant
harm to an asset's setting does not amount to substantial harm is contrived and does not
comply with Historic England tests.
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Grade II* Church - the statement acknowledges that the Site's development will have a
high level of harm on the church's intermediate setting, in that the rural character of the
asset's setting will be eradicated. However as the applicant argues that the primary heritage
interest is its architectural and historic interest, the settings are of lesser importance. I
consider this to be very unconventional reasoning particularly in relation to a church, which
has significance on a number of different levels. There appears to be no assessment of the
cumulative harm resulting from further harmful development. I therefore attach little weight to
these arguments. I refer to recent High Court decisions that confirm considerable importance
and weight should be accorded to the desirability of preserving the setting of a listed building.
Design
As advised throughout the preliminary stages and reflected in the Planning Concept
Statement, the design of the layout should:
 respond to the landscape, using views, linked open spaces and green infrastructure
to maintain a semblance of separation between the City and the Village of
Westhampnett
 respond to the different characteristics of the surrounding environment
 use the specific context to create character areas linked to the different character of
the areas adjoining the site
 create open spaces to designed to frame and enhance important views, particularly
towards the Trundle
 enhance the setting of heritage assets, particularly the Grade II* Listed Church.
The uniform and regimented layout will result in the scheme having the appearance of a
separate suburban estate, alien to the diversity of character of the site's rural context. It turns
its back on, rather than creates a natural extension to the existing village. The layout fails to
recognise key aspects of the special character of the site and its surroundings. This
approach is not in accordance with the 'core principles' of the Framework, the Planning
Concept Statement or policy 33 of the Chichester Local Plan.
Historic England have raised the issue of the setting of the church, this is due to the
complete loss of its rural setting as a result of the development. The Design Review Panel
concluded that the proposed development was sealed off from its surroundings and greater
consideration needed to be given to integrating the development into its surroundings.
The south-east corner of the development should be completely redesigned. The area of
open space (with the pond feature) needs to be reconfigured into a more traditional village
green with the community hall, shop/café and housing fronting onto it (not a car park) facing
towards Stane Street. A new community hub which could include other non-residential uses
to encourage social activity and interaction during the day. The development along Stane
Street should relate to it rather than be concealed behind new tree planting.
A proper landscape informed approach to the layout is required, with open space used to
structure the layout and integrate the development into the landscape. It should be possible
to increase densities in some areas, particularly adjacent to the city edge in a way that still
respects character and allows for more open space/green infrastructure. Open space should
be used to facilitate the transition from the historic village and the city centre and should
respond to the existing topography. A more rural layout should be considered in the more
ecologically and noise sensitive north east corner. The layout should reflect more of a village
rather than estate character and draw on locally distinctive positive examples.
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Generally, whilst the layout may be credible in terms of indicating that the site could
accommodate the 300 dwellings anticipated, a complete rethink of the layout is required if it
is to be supported at this stage. The changes made so far amount to little more than tweaks
and are not sufficient to even consider a further Design Review. Is there any scope to
consider the application for what it is, i.e. just access arrangements, and remove the layout
from consideration as there still seems to be little commitment from the developers, or the
design team to engage with these fundamental design issues.
6.19 Design Review Panel
The scheme is based on a good analysis of the locality and its surroundings and generally
we support the proposed revisions to the planning application (14/01159/OUTEIA revised
scheme re-submitted here). The indicative masterplan (Proving Layout) is credible and has
some attractive features, but we feel the development as a whole will be sealed off from its
surroundings. A softer edge to the development would help, particularly to the east. We
recommend that the team looks beyond the red line of the application and anticipates how
the development will integrate with its surroundings, including the long term possibility of the
land south of Stane Street or to the north of the church should this be developed.
We believe that even at this outline stage, more could be done to anchor the development to
the surrounding environment, especially the village of Westhampnett. We agree that in the
interests of placemaking it will be important to have a robust layout and to restrict the range
of materials. We suggest however that the area could accommodate a mix of buildings,
ranging from traditional to modern in appearance.
We welcome the connection to Chichester through Graylingwell and see the appeal of the
'rural ride'. It would be instructive to work out the design from desire lines between the
development and community facilities and transport connections. Visual connections from
within the site to significant landmarks will help legibility and integration. Giving the
Community Centre a more prominent position on the green would help to anchor old and
new parts of the village.
6.20 Gatwick Airport Safeguarding
The site lies outside the safeguarding zones for the airport.
6.21 South Downs Society
The Society maintains its objection to the proposals. Development on this site, integrated
neither with Chichester nor with Westhampnett would appear as an isolated 'blot on the
landscape' and visible from the Trundle and Goodwood grandstand, both being major visitor
attractions in the South Downs National Park and benefitting from the panorama across the
coastal plain. This suburban development would also damage the setting of the national park
as Madgwick Lane allows open views to the Trundle. The LPA has a duty to have regard to
the designation of the national park and the need to conserve and enhance its setting. The
character of this rural road would be damaged by the proposed vehicular entrance and
traffic, on this road and local rural road network.
The presence and setting of listed buildings also need careful consideration. Part of the site
lies within a flood zone and implications of this will need to be taken on board.
The proposal as it stands fails to meet the tests of sustainability as required under the NPPF
and we urge refusal.
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6.22 Goodwood Estate
Insufficient information, as with 14/01159/OUTEIA, specifically absence of an indicative
masterplan that demonstrates how the proposal will sit within the strategic allocation and
assists in delivering that development objective. Parameter plans are inadequate for this
purpose. Missing details of public open space and how it is to be secured, delivered and
managed in the longer term.
Accept the strategic allocation has been adopted but believe the development is in the wrong
form and location, poorly planned and harmful to the future economic, social and
environmental interests of the district, the historic setting and future of the Goodwood Estate
and represents a significant threat to the future economic vitality of the area.
The government message is clear. The proposal should provide an appropriate form of
design and layout that provides a proper planning balance. This is an important rural area,
gap between Chichester and Westhampnett, in close proximity to and highly visible from the
SNDP.
Appeal decisions support refusal of applications that cause landscape harm. Recent caselaw
concludes the Council should give considerable importance and weight to the harm to
heritage assets even if it is limited or less than substantial.
There has been poor consultation engagement, and the development will have a significant
cost to the community. It is noted that the appeal process and timetable, alongside a
duplicate application serves to unduly influence the Council's decision.
Development in this location is clearly unsustainable and will undoubtedly encourage car
use. Alternative sites are available to meet the strategic need. Westhampnett are preparing a
Neighbourhood Plan to allocate sites preferable to the local community without harm to
heritage and economic assets. 300 dwellings remains an excessively high number on this
important site; the scale and form is inappropriate in this location given the characteristics of
the site and locality. Any development over 2 storeys is wholly inappropriate in this area and
will create a suburban housing estate.
The landscape structure does not adequately protect the landscape setting of the city,
Westhampnett or Goodwood Estate, or the character of Madgwick Lane. The landscaped
edge of the site should be properly designed with adequate width and planting to truly reflect
an urban edge, not a hard suburban edge. Key views are ignored in the application. Any
development in this locality must have a permeable relationship with Westhampnett village.
Goodwood Estate is an international heritage asset, significant local business and employer.
Inappropriate development affecting any part or setting of the Estate will jeopardise its longterm viability and sustainability. The proximity of the site to the motor circuit remains a
concern, with a sizable new population close to the motor circuit that may complain of noise.
The land to the north of the site is within the 400m buffer. The proposal provides no
protection from noise for sensitive receptors.
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6.23 The Chichester Society
Object on the following grounds:
1. The development would not be integrated with Westhampnett village and would sit
as an introverted outlier in a rural setting
2. The development would sit prominently on rising ground within the rural countryside
and be visible from the SDNP, Trundle, Goodwood Grandstand and Seven Points
car park, all of which enjoy extensive views across the coastal plain to the sea and
harbour.
3. No housing requirement for Westhampnett in the LP. Westhampnett are preparing a
Neighbourhood Plan and planning approval has been given for 100 dwellings at
Maudlin Nursery.
4. The development would meet none of the three dimensions for sustainable
development. It would adversely impact on the economy of the Goodwood Estate,
fail to integrate with either Westhampnett or Chichester and would destroy the green
setting of the cathedral city, Goodwood Estate and South Downs National Park
5. Residents would be highly reliant on the private car
6. Recommend the Council refuse the application and identify more suitable sites.
6.24 160 Third Party Objections includes 143 signed pro-forma templates
Landscape and heritage
 Close important visual and green buffer between Chichester and Westhampnett,
natural barrier
 Development will result in urban sprawl, encroachment, coalescence
 Oppose removal of boundary vegetation. Rural community wishes to retain existing
rural character and wildlife habitat
 Development does not enhance Westhampnett
 Request extension of the Ride as a buffer
 Views to the South Downs and Cathedral should be preserved
 Harm to Old Vicarage and St Peter's Church
Flood risk, drainage, sewerage
 Existing sewerage disposal problems. Refuse until Tangmere WwTW upgraded
 Flood risk to properties, high groundwater levels, existing flooding
Infrastructure
 Lack of strategic planning to improve infrastructure
 Detrimental effect on local amenities and services
 Scheme does not meet local needs
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Highways
 Madgwick Lane access close to dangerous bend, previous accidents
 Speeds higher than the signposted 30mph maximum
 Increased traffic and congestion particularly at peak hours, in excess of existing
levels with Rolls Royce and Goodwood
 Excessive number of access points.
 No pavement on the northern side of Stane Street, very busy road. Central
reservation required to serve the eastern access point for safety reasons
 No footpath along Madgwick Lane from Westhampnett Mill House. Provision should
be made within the site for a foot/cycle path close to the Madgwick Lane boundary
 Traffic access/egress should be limited to the Stane Street entrance only, with
emergency vehicles only allowed to use the Madgwick Lane entrance.
 Temporary vehicular access to playing pitches not acceptable
Economic impacts
 Detrimental effects on Rolls Royce and Goodwood, both strongly object
 Detrimental effect on nearby stud through nuisance, harm to animal welfare, traffic
Residential amenity
 Loss of privacy for The Sadlers residents
 Development appears to breach 400m exclusion zone for Goodwood Motor Circuit
 Principle of the development, in such close proximity to the existing Household
Waste Recycling Centre/Transfer Station and impact of complaints on business
Development need and alternatives
 Existing approved and constructed housing in Westhampnett
 Alternative land to north and west of city
 Community facility to be built elsewhere
 Mixed development required to avoid adverse social grouping impacts and reflect a
rural environment
 Conflict with Local Plan policy
 References back to comments made during the Local Plan process on the proposed
allocation
Detail
 Concern about building heights up to 3 storeys, high development density, out of
character
 Green area and play area should be centrally located, health and safety concerns
Wildlife
 Nesting site for skylarks, endangered species, swans, nesting birds, falcons/hawks,
small vertebrates and invertebrates, deer
 Animal welfare, various effects on the horses in the adjacent stud of close proximity
to large residential development.
Playing fields
 Afterthought, should be included in the main site if required
 Increased pollution
 Destruction of already eroded countryside
 Detrimental to grade II listed cottages and local residents
 Surface water flooding
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6.25
Applicant/Agent's Supporting Information
As set out in paragraph 3.4 above
7.0 Planning Policy
The Development Plan
7.1 The Development Plan for the area comprises the Chichester Local Plan: Key Policies
2014-2029 and all made neighbourhood plans. There is no made neighbourhood plan for
Westhampnett Parish at this time.
7.2 The principal planning policies relevant to the consideration of this application are as
follows:
Policy 1: Presumption in Favour of Sustainable Development
Policy 2: Development Strategy and Settlement Hierarchy
Policy 4: Housing Provision
Policy 6: Neighbourhood Development Plans
Policy 7: Masterplanning Strategic Development
Policy 8: Transport and Accessibility
Policy 9: Development and Infrastructure Provision
Policy 10: Chichester City Development Principles
Policy 13: Chichester City Transport Strategy
Policy 17: Westhampnett/North East Chichester Strategic Development Location
Policy 33: New Residential Development
Policy 34: Affordable Housing
Policy 38: Local and Community Facilities
Policy 39: Transport, Accessibility and Parking
Policy 40: Sustainable Design and Construction
Policy 42: Flood Risk
Policy 47: Heritage
Policy 48: Natural Environment
Policy 49: Biodiversity
Policy 50: Development and Disturbance of Birds in Chichester and Langstone Harbours
Special Protection Areas
Policy 52: Green Infrastructure
Policy 54: Open Space, Sport and Recreation
Annex A: Green Infrastructure
National Policy and Guidance
7.3 Government planning policy now comprises the National Planning Policy Framework
(NPPF), paragraph 14 of which states:
At the heart of the NPPF is a presumption in favour of sustainable development, which
should be seen as a golden thread running through both plan-making and decision-taking:
For decision-taking this means unless material considerations indicate otherwise:
- Approving development proposals that accord with the development plan without delay;
and
Page 30
- Where the development plan is absent, silent or relevant policies are out-of-date, granting
planning permission unless any adverse impacts of doing so would significantly or
demonstrably outweigh the benefits, when assessed against the policies in this Framework
taken as a whole; or specific policies in (the) Framework indicate development should be
restricted.
7.4 Consideration should also be given to paragraphs including 6-13 (sustainability
principles) 17 (core planning principles), 32, 34- 39 (transport), 42 (communications
infrastructure), 47-50, 52 (housing), 56-66 (design), 69-70, 73, 75 (healthy communities), 96,
99-101, 103 (climate change), 109, 113, 115, 118, 123-125 (natural environment), 128, 129,
131-135, 141 (historic environment), 159, 162, 165, 169-171, 173-177 (evidence base),
Decision Taking, and Annex 1.
7.5 The government's New Homes Bonus (NHB) which was set up in response to
historically low levels of housebuilding, aims to reward local authorities who grant planning
permissions for new housing. Through the NHB the government will match the additional
council tax raised by each council for each new house built for each of the six years after that
house is built. As a result, councils will receive an automatic, six-year, 100 per cent increase
in the amount of revenue derived from each new house built in their area. It follows that by
allowing more homes to be built in their area local councils will receive more money to pay
for the increased services that will be required, to hold down council tax. The NHB is
intended to be an incentive for local government and local people, to encourage rather than
resist, new housing of types and in places that are sensitive to local concerns and with which
local communities are, therefore, content. Section 143 of the Localism Act which amends
S.70 of the Town and Country Planning Act makes certain financial considerations such as
the NHB, material considerations in the determination of planning applications for new
housing. The amount of weight to be attached to the NHB will be at the discretion of the
decision taker when carrying out the final balancing exercise along with the other material
considerations relevant to that application.
Other Local Policy and Guidance
7.6 The following Supplementary Planning Documents are material to the determination of
this planning application:
SDL Planning Concept Statement
SPD Planning Obligations and Affordable Housing (due to be adopted by the Council on 26
January 2016 and implemented on 1 February 2016)
7.7 The aims and objectives of the Council's Sustainable Community Strategy are material
to the determination of this planning application. These are:
B1 - Managing a changing environment
B2 - Greener living
B3 - Environmental Resources
C2 - Encourage healthy and active lifestyles for all
C3 - A culturally enriched and empowered community
D1 - Increasing housing supply
D2 - Vibrant, safe and clean neighbourhoods
D3 - Housing fit for purpose
D4 - Understanding and meeting community needs
E1 - Traffic management in the district will improve so as to reduce congestion
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E2 - There will be improved cycling networks and strong links to public transport to ensure
that cycling is a viable alternative to using the car
E3 - There will be a decrease in the numbers of road traffic collisions in the district
E4 - People will have easier access to services at a local level
8.0 Planning Comments
8.1 The main issues arising from this proposal are:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
Principle of housing development in this location
Capacity of the site to accommodate this level of development
Impact on the safety and function of the highway network
Foul drainage
Surface water management
Landscape and visual impact
Heritage
Noise impact
Open space/green infrastructure
Ecology
Socio-economic impacts
Other matters (Air Quality, Contamination and Communications infrastructure)
Assessment
8.2 This application has been submitted following an appeal against non-determination of
the original application 14/01159/OUTEIA. The original application sought planning
permission for 350 dwellings, but during the course of its consideration the scheme was
revised to provide up to 300 units, to reduce building heights and to include land designated
for a community facility. The only difference between the appeal scheme and this application
is that the illustrative open space and green infrastructure plan in relation to the appeal
scheme shows the existing hedgerow along Madgwick Lane and the south-west corner to be
removed whereas this application proposes its retention. Notwithstanding the above, this
application should be considered on its individual planning merits.
i. Principle of housing development in this location
8.3 The application site is located in the south-east corner of a larger parcel of land which is
allocated as the Westhampnett/North East Chichester Strategic Development Location (SDL)
in Policy 17 of the Local Plan.
8.4 Policy 17 allocates the SDL for mixed development, comprising 500 homes, community
facilities, and open space and green infrastructure, including a linear greenspace with public
access along the Lavant Valley. Policy 17 states that development will be masterplanned in
accordance with Local Plan Policy 7 (Masterplanning Strategic Development), taking account
of a number of site-specific requirements which are listed in the policy. These include the
requirement that development will be directed towards the settlement of Westhampnett, to
the south of Madgwick Lane (the area covered by this application), and to the eastern edge
of Chichester, but away from the floodplain of the River Lavant.
8.5 The Council has adopted a Concept Statement for the Westhampnett/NE Chichester
SDL which sets the parameters for the masterplanning work, setting out key objectives and
planning considerations as recommended in the Council's approved Design Protocol. The
Concept Statement for the SDL identifies the parcel of land, the subject of this application, as
Page 32
one of two areas for housing development. The Concept Statement anticipates that this site
is to be developed for approximately 350 homes, including 30% affordable housing, possible
new community facility, public open space including an equipped play/kickabout area,
amenity open space, natural and semi-natural greenspace and possibly allotments, an
integrated access and internal circulation network including cycle and pedestrian routes and
routes to the surrounding foot and cycle path network, development that relates to the
character of Westhampnett and contributions towards infrastructure. Revisions during
previous application 14/01159/OUT reduced the overall number to 300.
8.6 As outlined above, a masterplan and phasing plan has been provided for the whole SDL.
This demonstrates how the provision of 500 houses will be delivered across the two sites
identified within the SDL for housing provision, with 300 houses proposed on this site and
200 houses provided on land to the east of Graylingwell. The masterplan demonstrates an
indicative layout for both parcels of land with an indication of densities. The masterplan also
outlines how the green infrastructure and playing pitch provision will be met and delivered.
8.7 The principle of housing on this site can therefore be supported, subject to compliance
with the comprehensive masterplan document for the SDL and the site specific criteria
outlined in policy 17, including that the scheme is well integrated with Westhampnett with
good access to facilities; improved local community facilities; green links to the SDNP and
Chichester city; designed with special regard to the landscape sensitivity of the site and to
reduce the noise from Goodwood motor circuit and aerodrome, including new structural
planting; comprehensive surface water drainage; new and improved pedestrian and cycle
routes linking the site to Chichester city and the SDNP and mitigation measures for potential
off-site traffic impacts.
ii. Capacity of site to accommodate this level of development
8.8 As outlined above the masterplan sets out the broad parameters of how the
development across the whole SDL will meet the provisions of the SDL allocation of 500
homes. The masterplan identifies 300 homes for the site, which is the subject of this outline
application.
8.9 Although this application is in outline only, with access being the only matter for
consideration at this stage, a set of three parameter plans (Land Use/Access and Movement,
Density Plan and Building Heights Plan) and a detailed illustrative proving layout have been
provided to demonstrate how the site could deliver up to 300 homes, of a range of types and
sizes of units with 30% affordable housing, together with a community facility and supporting
infrastructure.
Housing
8.10 The illustrative proving layout shows an internal housing layout based on perimeter
blocks. A hierarchy of streets is proposed, with the main primary and secondary routes
linking into a network of tertiary streets and areas of shared surface. The main access road
is shown to be 6.75m wide at the Stane Street entrance and 5.5m wide onto Madgwick Lane.
The primary route through the site will be 5.5-6.75m wide, with additional circulation routes
measuring approximately 5m wide. The illustrative proving layout shows the parking
provision predominantly on-plot with some provision within parking courts. A pedestrian and
cycle path is shown within the site providing a loop within the application site and new
pedestrian/cycle access points, linking the site to the surrounding area, are identified along
both the Stane Street and Madgwick Lane frontages. The design approach of the housing in
perimeter blocks with a hierarchy of streets is an acceptable approach for the housing layout.
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8.11 Although the housing mix will be defined at reserved matters stage, the illustrative
proving layout together with the revised illustrative housing mix (combined affordable and
market mix) has been provided for illustrative purposes at this stage. The indicative mix
shown on the illustrative proving layout details a total of 294 dwellings. The housing officer,
in her consultation response above, advises that the proposed mix contains too many 4 and
5 bedroom houses (40%) and too few smaller family 3 bedroom homes (26%) and is
therefore not acceptable. The final housing mix would need to comply with the Strategic
Housing Market Assessment (SHMA), which would be determined through consideration of
future reserved matters applications. The illustrative housing mix, does however
demonstrate that it would be possible to provide up to 300 homes (6 more than shown on the
illustrative proving layout) at an appropriate mix of housing, where the mix is required to
deliver a number of smaller units than shown on the illustrative proving layout. The
distribution of the affordable housing, to ensure appropriate pepper potting, would be
determined at reserved matters stage.
8.12 The Density parameters plan shows a range of densities across the site, ranging
between 15-25dph identified along the eastern boundary, 20-30dph located on the elevated
northern part of the site, 25-35dph through the central part of the site which slopes down
towards the south and south-west and with the highest density levels (up to 30-40dph)
located in the southern and south-western corners of the site. The approach regarding
density is acceptable to officers as it will ensure that the development respects the
landscape sensitivities of the site and will help establish the development within its
surroundings. As proposed, the lowest densities are located adjacent to the more sensitive
boundaries, being the area of urban/rural transition adjacent to Madgwick Lane and the
elevated plateau at the northern end of the slope. Highest densities adjacent to Stane Street
at the south-western end of the site would be read against the existing development along
Stane Street and the taller buildings within the settlement boundary of Chichester including
Westhampnett Mill House.
8.13 Although 'scale' is a reserved matter, the Building Heights parameter plan suggests a
development of predominantly 2 storey dwellings. The Building Heights parameter plan
shows the tallest buildings (up to 3 storeys or 11.5m) on part of the southern and western
edge of the development, including flanking the Stane Street access and at a focal point
towards the centre of the site, on the eastern side of the central green. In order to ensure
that 3 storey development does not overdominate these locations, the parameter plan
clarifies that the areas shown as 3 storeys on the plan would be limited to a small number of
buildings that would provide local landmarks and variation on the street scene. Dwellings of
up to 2.5 storeys (10.5m maximum) are proposed fronting the primary roads within the site
and along the northern part of the Madgwick Lane frontage. The dwellings along the
Madgwick Lane frontage would be set back behind the substantial landscaped ride and
which would mitigate the impact on the rural area beyond. Again at reserved matters stage it
would be appropriate to ensure that this frontage was limited to a small number of buildings
to provide variety to the streetscape as well as protecting the impact on the urban/rural
transition. Elsewhere within the site the dwellings will not exceed 2 storeys (9.5m
maximum). In general terms, the approach outlined on the parameter plan with regard to the
heights of the proposed dwellings reflects that proposed on the density parameter plans and
again will ensure that the development respects the landscape sensitivities of the site and
will help establish the development with its surroundings.
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8.14 Although it is disappointing that the character areas are not well defined on the
parameter plans and the illustrative proving layout, this detail will need to be provided with a
future reserved matters application to ensure that the development is capable of successfully
integrating with the character of Westhampnett village. Given the outline form of the current
application, it is not considered that the absence of further details is a reason to object to the
development.
Community Facility
8.15 The application proposes a community facility, although the details are not specified at
this stage. The parameter plans identify 0.25ha of land for this facility, which is intended to
be sufficient land for a new community hall of 428sqm together with 15-20 car parking
spaces. The final parking provision will be set in accordance with WSCC standards. The
parameter plans show the location of the community facility in the south-eastern corner of
the site. This location provides the opportunity for the community hall to front onto the
central green, while at the same time being located close to the proposed pedestrian/cycle
access which will ensure good accessibility into the village of Westhampnett. On the building
heights parameter plan, the proposed community hall is identified as comprising 1.5 storey
development (8m maximum), which together with the proposed boundary planting will help to
protect the setting of the grade II* listed St Peter's Church.
8.16 As referred to in paragraph 3.8 above, the S106 Agreement provides Westhampnett
Parish Council and the District Council with the option to decide the most appropriate
location for the new community hall, either for delivery on this site or at the alternative
location on the Maudlin Nurseries site in Westhampnett. In the event the facility is located on
the Maudlin Nurseries site, the land shown on the parameters plans for a community facility
would be subject to a future application for an alternative use or development.
Open Space and landscaping
8.17 The illustrative open space and green infrastructure plan shows three main areas of
open space. The central green is located in the south-eastern part of the site, fronted by
residential dwellings and the community hall. A landscape ride (between 12- 22m wide
approx. and 365m long) is shown along the north and north-western boundary, adjacent to
Madgwick Lane, which provides an substantial area of planted landscaping (with new trees
and retention of the existing hedgerow) acting as a transition area between the houses and
the open rural area to the north of Madgwick Lane and would screen views to Goodwood
and the SDNP. In the western / south-western corner of the site an area of open space and
a play area (including an equipped play area) is proposed, together with SuDS and perimeter
planting. Although this area is liable to flooding, the equipped play area is shown to be
contained wholly within flood zone 1, while the natural area of open space and the SuDS are
located within flood zone 2. The applicant has confirmed that the area of SuDS, comprising
ponds and swales, will be integrated with the landscape design. The ponds and swales will
have a mix of gradients, with some shallower than 1:3 and not very deep, which will give a
more natural appearance and allow better use for open space. The applicant has confirmed
that most of the time the ponds of water will be empty of water with a small depression or
stream to carry normal storm flows. The SuDS and perimeter planting continues along the
southern boundary, adjacent to Stane Street culminating in a small area of open space
adjacent to the community facility and the pedestrian access to Westhampnett village.
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8.18 In terms of other landscaping, a belt of woodland planting is also proposed along the
eastern boundary. Internally the primary roads running north and west from the central
green are shown as wider streets with formal tree and hedge planting. Finally during the
course of the application the illustrative open space and green infrastructure plan has been
amended to show the retention of the existing hedgerow on the northern, western and
southern boundaries, excluding that required to be removed to achieve visibility splays.
8.19 Policy 54 of the Local Plan requires that new residential development should provide or
contribute towards open space in accordance with the provision standards and methodology
set out in the Chichester Open Space Study. The proposed open space standards are set
out in the Planning Obligations and Affordable Housing SPD (subject to adoption by the
Council at its meeting on 26 January 2016 and implemented in conjunction with CIL from 1
February 2016). Based on these open space standards, a development of this scale would
require around 2.2 hectares of on-site green space, comprising a combination of play space,
amenity open space, parks, sport and recreation grounds, allotments and natural green
space.
8.20 The applicant's illustrative open space and green infrastructure plan includes provision
for a central green area (0.308ha) and a play area (including equipped play space) of a total
of 0.2ha, together with amenity open space and landscaping/buffering around the periphery
of the site. The green space shown on the illustrative open space and green infrastructure
plan shows a total area of 2.445ha compared to the required provision of 2.2ha. Although
not necessarily located in the most suitable locations (particularly in terms of the central
green and the equipped play area), the open space and green infrastructure plan
demonstrates that it is possible to deliver the appropriate amount of open space and green
infrastructure on the site. The precise locations will be determined as part of a reserved
matters application.
8.21 The illustrative proposals do not make provision for playing fields on site, however
outline application 15/03884/OUT, which accompanies this application elsewhere on this
agenda, proposes the provision of 2.8ha of playing pitches and recreational land for both
phase 1 and phase 2 housing schemes alongside the River Lavant north of Madgwick Lane,
on land within the SDL boundary. In accordance with the SDL masterplan and phasing plan,
the S106 Agreement requires that one senior football pitch and associated changing facilities
and car parking will be brought forward as part of this application. This provision would
accord with the requirements of the Affordable Housing and Infrastructure SPD.
8.22 Bullet 3 of policy 17 of the Local Plan seeks provision for green links to the National
Park and Chichester city, as well as exploration of opportunities for integrated green
infrastructure in conjunction with other strategic sites to the east of the city. Further guiding
principles on green infrastructure related to the site are also set out in Appendix A of the
Local Plan. This indicates that development should enhance the Lavant Valley as a
biodiversity opportunity area and seek to retain and enhance existing wildlife corridors along
Madgwick Lane leading to the City and National Park. To meet this policy requirement and
in accordance with the SDL masterplan, the S106 Agreement also requires the provision of a
publicly accessible green infrastructure route, between Madgwick Lane and the playing pitch,
comprising a footpath and cycle path alongside the River Lavant, through the SDL, which will
provide a link towards the north of Chichester city. Outline application 15/03884/OUT for the
playing fields and green infrastructure for phase 1 accompanies this application on the
agenda.
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8.23 In addition to the green infrastructure footpath/cycle link, the parameter plans propose
a circular cycle/pedestrian route within the site, which includes a route through the landscape
ride on the south side of Madgwick Lane, which would enhance access to the National Park
via Stocks Lane and the proposed cycle/pedestrian access point at the northern end of the
application site.
8.24 In conclusion the proposed parameter plans and illustrative proving layouts
demonstrate that the proposal would provide an opportunity to deliver the required number of
homes, community facilities and supporting infrastructure, including open space and
landscaping, in a satisfactory manner which would be in keeping with the character of the
surrounding area and protecting landscape sensitivities. The finer detailing of the scheme
will be considered at reserved matters stage.
iii. Impact on the safety and function of the highway network and site access details
8.25 The transport assessment within the ES considers the impact of up to 400 dwellings in
this location, alongside the delivery of committed developments including Shopwyke Lakes
(500 dwellings), Maudlin Nursery (100 dwellings), Graylingwell (750 dwellings), Portfield
Football Club (90 dwellings) and Barnfield Drive (9,352sqm non-food and food retail and
filling station) including the highway improvements associated with the above. The
assessment considers the effects of traffic flows with regard to severance, driver delay,
pedestrian delay, pedestrian amenity, fear and intimidation and accidents and safety. The
assessment highlights that the existing highway network is already under pressure and the
proposal would increase delays on roads in the immediate vicinity of the site by around 15%.
The ES considers that these additional movements would, in the absence of any mitigation
measures, result in minor adverse effects, and WSCC concurs with this conclusion.
8.26 Local Plan policy 13 requires applicants to explore potential options for reducing traffic
congestion and safety at key junctions. The transport assessment, revised in response to
WSCC advice, has explored a number of options to reduce traffic congestion and improve
safety. These junction improvements include works to the St James/Spitalfield junctions,
A27 Bognor Road, Oving Road and Portfield Roundabouts and are required to improve
capacity and reduce delays more generally for the city. These works are not directly and
solely related to the delivery of this development in isolation so will be funded through CIL.
8.27 The scheme's wider transport impacts, specifically on the trunk road network, were
evaluated in detail during the preparation of the Local Plan. Within this application,
Highways England has raised no objections to the development, subject to a financial
contribution towards the A27 Chichester Bypass junction improvements. This would be
secured by way of the S106 Agreement which would require the applicant to enter into a
S278 agreement with Highways England.
8.28 The site is conveniently located to the trunk road network. Mitigation would be required
during construction, which can be secured through the imposition of a detailed construction
management plan condition as is standard for such developments. This will include
temporary and permanent access arrangements, routing, timing and ensuring transport
disturbance is minimised to the lowest practical level and properly managed.
Page 37
8.29 The transport sustainability of the site was also explored in detail through the Local
Plan preparation and adoption process. A review of distances and walking and cycling times
to access local services and facilities is set out in the Transport Assessment, which
concludes a broad range is accessible within a 30 minute walk or 10-15 minute cycle. The
bus stops close to the site provide greater transport choice. Green travel connections will be
improved through the application, including a contribution of £20,000 towards new bus stops
and passenger infrastructure (to include timetables and shelters) on Stane Street in the
vicinity of the proposed development which will be secured through the S106 Agreement.
8.30 In summary on this issue and with reference to NPPF paragraph 32, taking account of
the site specific mitigation measures proposed (the footways and cycle links and the travel
plan), it is considered that this development would not result in a severe residual cumulative
impact. No technical objections have been raised by Highways England or WSCC. The
development would need to contribute through CIL towards measures listed within policy 13
of the Local Plan. This would include improvements towards the Westhampnett Road miniroundabouts and the Chichester to Tangmere cycle route. The development would also be
required to implement a travel plan to encourage the use of alternative transport modes. The
proposal therefore complies with the relevant criteria of policies 13, 17 and 39 of the Local
Plan.
Site access details
8.31 Vehicular access to the site from Madgwick Lane and vehicular and pedestrian access
from Stane Street are the only matters for detailed consideration within this application. Full
details of the internal roads, parking, turning, pedestrian and cycle links and routes will need
to be submitted within a future reserved matters application.
8.32 The proposed access onto Stane Street is to be the primary access, with a secondary
access onto Madgwick Lane. Both are priority give way junctions; WSCC is satisfied these
have been designed in accordance with the Design Manual for Roads and Bridges (DMRB).
Both junctions have been designed to reflect measured road speeds. This results in visibility
splay requirements of 2.4m x 120m for Stane Street and 2.4m x 160m for Madgwick Lane.
These splays are achievable at the site based on the road configuration, however the
visibility splays will require the removal of existing boundary hedging. This will particularly
affect the southbound splay of the Madgwick Lane entrance, where a setback distance of up
to 5m from the carriageway edge is required to achieve sufficient visibility. Replacement
hedging would be required here. Capacity for this is shown within the Sketch Plan illustrative open space and green infrastructure and will be detailed through a reserved
matters application.
8.33 The primary junction onto Stane Street is designed at 6.75m wide, with a 6m kerb radii
and 10m corner radii resulting in a total road width as it joins the carriageway of Stane Street
of some 23m. The secondary Madgwick Lane junction has a design width of 5.5m with a
total road width as it joins the carriageway of some 20m.
8.34 The Stane Street entrance will be provided with a 2m footway each side of the
vehicular access, with tactile paving at crossing points. The provision of a length of footway
along the northern side of Stane Street, leading from the most easterly proposed pedestrian
access into the development to connect to the existing footway east of St Peter's Church will
also be required to be delivered prior to first occupation.
Page 38
8.35 The additional pedestrian access points onto Stane Street and Madgwick Lane are
indicative at this stage. Three links are shown onto Madgwick Lane, one opposite the public
bridleway at the north of the site, one opposite Old Place Lane and the third close to The
Sadlers access. Three are also shown onto Stane Street, with the easterly link in the southeast corner to connect to Westhampnett and two points towards the south-western corner to
link to existing footways and cycleways close to the roundabout. Based on the masterplan,
and notwithstanding the final number and location of pedestrian links, it is anticipated that
pedestrian and cycle access can be achieved within the site boundary and safe routes will be
delivered. These will connect the site to the existing foot and cycle ways, the green
infrastructure link and playing pitches to the north. These details will be confirmed through
the layout reserved matters application. All site specific highway safety requirements will be
secured through S106 obligation in the event of approval.
8.36 The LHA are content that the detailed aspects of the scheme have been revised to
respond to the results of a Stage One Road Safety Audit and will result in acceptable vehicle
junctions that are not anticipated to result in unacceptable highway safety or capacity issues.
The final details of the design will be secured through a S278 agreement with WSCC.
8.37 It is expected that the layout would be designed in accordance with WSCC Highway
advice and adopted standards, including parking standards. There are elements of concern
with the highways elements of the indicative outline plans at this stage as identified in
consultation responses including from CDC's Conservation and Design Manager and WSCC
Highways and these concerns that are shared by officers. It will be important that desire
lines and points of connection are used to inform the final layout and a balance is struck
between the number and location of pedestrian access points and maintaining a strong
landscaped buffer. The delivery of the green infrastructure route to the north will also be
important to encourage foot and cycle travel; this element of the scheme is discussed below.
8.38 In conclusion on this issue, WSCC has accepted the detail of the vehicular and
pedestrian accesses that are subject to this application, for planning purposes. Final access
and construction management details are capable of being sought, approved and
implemented by condition and will be subject to technical consent. The indicative details
pertaining to the site layout will be subject to further review through a reserved matters
application. The proposal is considered therefore to comply with LP policies 17 and 39 and
section 4 of the NPPF.
iv. Foul drainage
8.39 Policy 17 requires that development will be dependent on the provision of infrastructure
for adequate wastewater conveyance and treatment to meet strict environmental standards.
The supporting text at paragraph 12.52 states that development will be reliant on additional
wastewater capacity, which would be provided by a sewerage undertaker and that future
capacity has been identified at Tangmere WwTW following its proposed expansion/upgrade
in 2019. The development will be required to fund the necessary wastewater infrastructure
linking the site to Tangmere WwTW.
8.40 Since adopting the Local Plan, the Council has received confirmation from Southern
Water that the upgrade/expansion works at Tangmere WwTW, projected to have capacity for
3,000+ homes, is now expected to be completed by December 2017. There is no available
headroom at Apuldram (Chichester) or Tangmere WwTWs to the development, prior to the
proposed upgrade of Tangmere WwTW in 2017, beyond the committed schemes.
Page 39
8.41 The applicant has provided the key planning requirements/milestones and associated
timescales which would need to be reached before a start on site could be made. It is
considered that this information is based on optimistic timescales and on this basis it is
evident that there is no prospect of any housing occupations prior to the completion of the
upgrading of the Tangmere WwTW in December 2017. Indeed this indicative timetable
identifies that no completions/occupations would be achievable until 2018. If, however, there
is an earlier start on site which could lead to occupation prior to December 2017, the Council
is confident that there is a small amount of existing reserve capacity at Tangmere WwTW.
This reserve capacity results from the Shopwyke Lakes permission which allows for all 500
dwellings to be occupied prior to the upgrade at Tangmere WwTW. Although the Shopwyke
Lakes development has commenced, due to the significant infrastructure requirements and
average build out rates, officers are confident that the full 500 dwellings will not be completed
and occupied prior to the upgrade at Tangmere WwTW.
Date
Action
Comment
February 2016
CDC resolution to grant outline permission
Based on agreed Committee date
March 2016
Section 106 signed and outline permission
issued
Assumes 1 month to finalise the
Section 106 Agreement following
resolution
September 2016
Sale of the site to a housebuilder
As you are aware CEG does not build
houses. A period of 6 months is
assumed from outline permission to
sale of the site.
October 2016
Submission of applications to discharge
pre-commencement conditions on the
outline permission
Assumes submission only one month
after the completion of a sale
December 2016
Pre-commencement conditions on the
outline permission formally discharged
Assumes 2 months from submission
of the application to CDC approval
December 2016
Submission of Reserved Matters application
Assumes only 3 months from sale of
the site to reserved matters
submission and assumes that
preparation overlaps with applications
to discharge pre commencement
Conditions
March 2017
Approval of Reserved Matters
Assumes CDC approve 3 months
from submission
May 2017
Submission of applications to discharge
pre-commencement conditions on
reserved matters approval
Assumes 2 months after approval of
reserved matters
July 2017
Pre-commencement conditions on
reserved matters approval formally
discharged
Assumes 2 months from submission
August 2017
Start on site
Assumes almost immediate start on
site following discharge of relevant
conditions
Spring 2018
First completion / occupation
Assumes approximately 7 months for
site preparation works, build, and first
completion / occupation
Page 40
8.42 Although the applicant's Planning Statement and Environmental Statement (ES)
(Chapter D) confirms that the intended approach is for the development to drain to Tangmere
WwTW, the ES and Planning Statement do state that an alternative option is that the
development could utilise available capacity at Apuldram WwTW, following the recent
installation of U/V filtering. However, this contradicts the Council's most recent Position
Statement on Wastewater and Delivering Development (July 2014) which indicates that there
is no spare capacity at Apuldram WwTW once Local Plan housing requirements and
projected brownfield windfall sites are allowed for. On this basis, a condition is
recommended preventing occupation of any dwelling prior to the capacity being available at
Tangmere WwTW.
8.43 With regard to connection to Tangmere WwTW, the applicant is proposing to link to the
existing pipe along Stane Street, subject to appropriate upgrading. A phase 2 capacity
check has been undertaken (dated 3 July 2015) by Southern Water which demonstrates a
potential engineering solution. This would comprise connecting into the network close to the
south-east corner of the site. From west to east along the route, the following upgrades are
then proposed:
Upsize 210m of 150mm pipe to 375mm pipe
New 110m length of 375mm diameter pipe
Coach Road Westhampnett Wastewater Pumping Station (WPS) capacity
increase from 3l/s to 14 l/s
69m of 150mm pipe upsized to 525mm south of the WPS
Existing pipework used along Stane Street between the Maudlin Nursery site and
Rolls Royce
New 300m length of 450mm diameter sewer between Rolls Royce and the
Strettington junction
Upsize existing 150mm diameter pipe to 450mm diameter near the Strettington
junction
Reduce Maudlin WPS from 22l/s to 15 l/s
8.44 Southern Water has raised no objection subject to a condition requiring that
development shall not commence until details of the proposed means of foul and surface
water sewerage disposal have been submitted to and agreed in writing by the LPA in
consultation with Southern Water and a condition requiring that occupation of the
development will not be permitted until the LPA, in consultation with Southern Water, is
satisfied that adequate wastewater treatment facilities exist to effectively drain the
development. The development will be dependent on the provision of infrastructure for
adequate wastewater conveyance and treatment to meet strict environmental standards.
Southern Water is progressing a significant investment scheme to upgrade the existing
Tangmere WwTW in order to deliver additional treatment capacity. The current delivery date
of this scheme will be 2017.
8.45 With regard to the strategic sewer, Southern Water have confirmed that they are
currently progressing their investigation of a strategic sewer but this investigation is not yet
complete. This proposal does not, however, need to rely on the provision of the strategic
sewer as the phase 2 capacity check demonstrates a potential engineering solution by way
of linking to the existing pipe along Stane Street, subject to appropriate upgrading.
Page 41
8.46 In conclusion on this issue, officers are satisfied that, with the appropriate conditions
and timetabling, the foul sewerage capacity to serve the proposed development at Tangmere
WwTW will be available and operational prior to it being required to serve the development.
The appropriate checks for this stage of a proposal have been undertaken with Southern
Water and an engineering solution provided as an option to enable the connection to be
made and capacity provided in the network between the site and the WwTW. The proposal
will not increase flood risk on site or elsewhere and is considered therefore to comply with
Local Plan policies 17 and 9.
v. Surface water management
8.47 The application site is predominantly in flood zone 1, however part of the site near the
south-western boundary lies within flood zone 2. The land presently discharges storm water
to the River Lavant to the west of the site.
8.48 The illustrative surface water drainage strategy in the FRA (ES Chapter D) confirms the
site naturally falls from north to south and south-west. The SuDS features are therefore
logically positioned along the southern boundary, with the main water detention area in the
south-west corner. The final drainage design will be required to be informed by a full
hydrological and hydrogeological assessment taking climate change into account. Infiltration
methods must be prioritised and where infiltration is not possible, then discharge to a
watercourse could be acceptable at no greater than greenfield levels. This is recommended
to be covered by condition, as is the agreement of a detailed management and maintenance
schedule.
8.49 The illustrative drainage plan shows the main basin could have an area of some 0.6ha,
which would take up the majority of the green space and perimeter planting area. In
contrast, the parameter plans suggest the SuDS features will be narrower and more linear in
form. The final size will depend on the results of the monitoring and final design. Further
information provided by the applicant on 18 December identified that this south-west corner
could function as both SuDS and informal open space if the gradients of the basin are
suitably shallow (i.e. 1:3), as in the example image in the FRA and water is not held in this
location for an extended period. The lowest point of the basin therefore needs to be higher
than the peak groundwater level. An additional SuDS pond is identified in the far south-east
corner of the site, with a network of swales typically 0.5-1m deep connecting the two and
forming a green buffer to Stane Street.
8.50 The assessment to date on the principles of surface water management has identified
that all built development will be located in flood zone 1, with space available on site to
enable SuDS methods to be used as a priority. The final detailed design will be expected to
demonstrate there will be no risk of flooding either on site or in the surrounding area. The
proposal complies with Local Plan policy 42 and section 11 of the NPPF in this regard.
Page 42
vi. Landscape and Visual Impact
8.51 Policy 17 (bullet 4) of the Local Plan requires that development should be designed
with special regard to the sensitivity of the site (especially in terms of views towards and from
the National Park). It also seeks major new structural planting to soften the impact of
development on views from the north and around the Motor Circuit/Aerodrome. Local Plan
policies 33, 47 and 48 and Appendix A also refer to landscape matters. National level policy
context is provided in the NPPF and the English National Parks and the Broads: UK
Government Vision and Circular 2010. The application is supported by a Landscape and
Visual Impact assessment prepared by Tyler Grange (Chapter C of the ES). The parameter
plans have also been subject to a Design Review Panel assessment.
8.52 Consultees including the South Downs National Park Authority and third parties have
raised concerns over the lack of a comprehensive masterplan and an absence of sufficient
information and analysis of landscape impact to enable a full assessment to be made. In
terms of the masterplan, concerns are raised that the cumulative effects of the full allocation
are likely to be greater than those caused by the individual parts. The application is
supported by the SDL masterplan and SDL phasing plan. As the principle of the allocation
and the wider landscape impacts of the development in broad terms have been assessed in
through the Local Plan process, this assessment relates to the impacts anticipated from the
application development itself, based on the parameter and illustrative plans.
8.53 The illustrative layout focuses all the built form away from the site boundaries, with the
reliance on the periphery providing the landscaped setting, green buffer and SuDS features.
It has been necessary to take this approach due to the quantum of development required on
this site to deliver the SDL allocation, the need to provide a strong landscaped edge
particularly against the surrounding agricultural land to the north and to provide space for
SuDS infrastructure where the land is at its lowest level in the south-western corner of the
site. Lines of formal and informal tree planting are also identified on the Illustrative Open
Space and Green Infrastructure plan along the primary north/south and east/west routes
through the site.
8.54 The illustrative plans include provision for tree planting around the edge of the site and
lower density development towards the north and east of the site, to soften the urban edge
and transition to countryside. The plans also propose to retain the existing hedgerow as well
as strengthen the landscaping along the northern edge of the site, which is the most
prominent. The Design Panel requested a softer edge to the countryside and supported the
proposed landscaped ride. The ride, which runs from the north-east corner of the site along
the Madgwick Lane frontage to the secondary vehicular access point, is the key feature of
the northern part of the site. It will reduce the landscape and visual impacts of the
development from the north, both in the immediate context opposite open agricultural land
within the SDL allocation, and in wider views including from Goodwood Motor
Circuit/Aerodrome and the South Downs National Park. The provision of this landscaped ride
will be secured through the section 106 agreement, with the final details forming part of a
reserved matters application.
Page 43
8.55 The Building Heights Plan avoids locating taller buildings on the northernmost edge of
the site, restricting dwellings to a maximum of 2 storeys here. It is also proposed to limit
development to 2 storeys opposite Old Place Farm and 33-34 Madgwick Lane, with
dwellings up to 2.5 storeys to the north and east of the site access onto Madgwick Lane.
There are some reservations about this higher maximum opposite open agricultural land and
close to historic farm buildings. It is however acknowledged that the additional 0.5 storeys
relates to approximately 1m overall in building height and these properties will be set some
20m back from Madgwick Lane behind the Ride. These indicative heights would allow for
greater scope of design variety and character, more typical of a village. This part of the site
would also be of a lower density than the central, south and south-western parts of the site,
with greater separation created between the buildings. Furthermore, the built form will help
the vehicular access to be better integrated into the streetscene and should assist in
reducing road speeds and marking the transition from countryside to settlement edge. Form
and massing, materials and detailed design will be subject to close review through a
reserved matters application. In these circumstances the heights, densities and open space
plans that show the proposal at outline stage are considered acceptable.
8.56 This development and the associated highway infrastructure including the Madgwick
Lane vehicular access and the pedestrian access to the playing pitches and green
infrastructure route will in part erode the rural character of Madgwick Lane. This is, however,
weighed up against the need to provide safe vehicular and pedestrian access to the site and
to connect the various elements of the wider strategic allocation. Built development between
the vehicular access and Westhampnett Mill House will be sufficiently set back from the road
to enable replacement and additional planting to be installed, outside the visibility splays,
which will help to mitigate these landscape and visual effects.
8.57 The lower densities along the eastern boundary, with maximum building heights of 2
storeys, are intended to assist in mitigating the impact of the housing on adjacent equestrian
land and views from the north. A further narrower belt of planting is shown in the Illustrative
Open Space and Green Infrastructure plan along this eastern boundary, which will provide
visual and biodiversity benefits and help to protect the amenities of the adjacent properties.
8.58 The more urban built form will be located towards the southern and south-western
parts of the site, close to the industrial and service sites south of Stane Street, the Hotel and
the roundabout. Here, the existing context and character is more semi-urban, with the land
to the south and east of the site dominated by large business and service buildings and
major road infrastructure. On balance therefore, it is considered that the focus of
development of greater height (up to 3 storeys) and density (up to 40dph) in this area is
acceptable in principle.
Page 44
8.59 Policy 17 requires development to be well integrated with Westhampnett village and
this is echoed in the Design Panel report and comments from the Conservation and Design
Manager. The immediate relationship of the development to Stane Street will be dominated
by the green buffer including swales and trees as well as the retention of the existing
hedgerow along Stane Street. Densities and building heights will be reduced towards the far
eastern end of the site, towards St Peter's Church. While in design terms it may be
preferable to build directly onto the Stane Street frontage, as is the character of many
villages, on this site the green edge is important both in terms of landscape character and for
biodiversity. It is considered that the landscaped buffer with pedestrian access points will
provide some softening with filtered views through to the development, but would not be a
strong visual barrier that would isolate the development entirely from Stane Street. The
Southern side of Stane Street is currently dominated by business uses, substantial walls and
highway signage. The set back position of the dwellings and community facility behind this
planting and SuDS area will help Stane Street to appear wider than if the development was
positioned directly fronting the road and this will improve the attractiveness of this part of
Stane Street for pedestrians.
8.60 It is therefore considered that on balance, the principles of the landscaping outlined on
the parameter and illustrative plans comply with the requirements of Local Plan policy 17.
From longer distances, including viewpoints within the South Downs National Park, it is
considered that the development will be viewed in the context of the wider setting of
Chichester city and Westhampnett village. The wider setting of the SDNP and of Chichester
city will be affected to some degree, as would be expected by the delivery of a large housing
allocation, however these impacts are considered not to be significant and are outweighed
by the benefits of delivering 300 houses on the portion of the SDL allocated for housing
through the Concept Statement. Setting development back from site boundaries and paying
particular attention to landscape enhancement, building heights and densities, will assist in
integrating this scheme into the natural and built environment and minimising its landscape
and visual impacts on the immediate and wider setting of the site. Final details of all
elements of the scheme, including lighting, will be reserved for careful assessment at a later
stage.
vii. Heritage
8.61 The application site forms part of the setting for a number of designated heritage
assets, including the grade II* listed Parish Church of St Peter. The areas of particular
heritage sensitivity are considered to be the south-east corner, adjacent to the church, and
the Madgwick Lane frontage where there are Grade II listed former agricultural buildings,
listed cottages and Westhampnett Mill House. The setting of these designated assets is
considered integral to their heritage value, as is explained by Historic England and the
Council's Conservation and Design Manager and therefore Local Plan policy 47 applies.
8.62 As identified above, the site has been allocated for housing and associated
development as part of the SDL and in this context it is not possible to meet the SDL
allocation objectives without using the south-east corner of this site and the Madgwick Lane
frontage. It is therefore not possible to retain the settings of the listed buildings close to the
site undisturbed. The assessment and consultations have identified these effects are likely
to be less than substantial and consequently, the tests in NPPF paragraphs 132-134 and
137 apply.
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8.63 Chapter J of the ES and the associated parameter plans recognise the sensitivity of the
south east corner of the site and Madgwick Lane frontage by illustrating the lowest built
densities and heights closest to the heritage assets. Development in the south east corner
of the site is of most concern for Historic England as St Peter's Church is Grade II* listed.
The environment of the churchyard is also important to its significance as a place of
reflection and memorial. The proposed community centre, SuDS and a small area of open
space are proposed close to the Church and the Grade II listed Grayle House/The Close.
The clustering of community facilities in this part of the site is considered positive, with
supporting open space in a location accessible to the village. The parameter plans also
show the building heights in this part of the site will not exceed 1.5 storeys (no taller than 8m)
and the existing planted belt along the eastern boundary will be retained and enhanced. The
proposed dwellings to the north-west of the church will be low density (15-20dph) and a
maximum of 2 storeys (9.5m max) in height. In the circumstances therefore, whilst the
setting of the church would be best protected through no development, or perhaps a larger
community recreation space, the proposed low density development including community
facilities and some green space is considered on balance to be reasonable. As identified
above, the final details that will be important to the degree of harm and mitigation, including
building form and appearance, activity levels and environmental impacts including light and
noise and landscaping will be assessed through a subsequent reserved matters application.
8.64 The development will also impact on the setting of the Grade II listed buildings to the
north and north-east of the site, through the introduction of highway engineering and housing
development on the southern side of the road. These buildings will retain their historic
relationship to the agricultural land to the north, albeit across the relatively narrow proposed
green infrastructure route (see 15/03884/OUT). The masterplan shows the remainder of the
land will be retained for agricultural use. The development is sufficiently far from
Graylingwell Hospital not to have a material effect; in any event, the hospital forms part of its
own substantial development project that has a more immediate impact on its setting and
significance than this more peripheral site. The landscape enhancements and detail of the
built form will be assessed in detail at reserved matters stage, to ensure the most
sympathetic scheme for this sensitive context.
8.65 The archaeological evaluation of this site (Chapter J of the ES) has demonstrated that
the site contains a series of features and deposits of archaeological interest, including the
remains of a Bronze Age enclosure and probable associated settlement and an Iron Age
enclosure. The remains known to be present are considered to hold medium (regional)
significance. Consequently, these features merit proper recording prior to destruction. A full
archaeological investigation in accordance with a pre-agreed specification can be reasonably
secured by condition as recommended by CDC's Archaeology Officer.
8.66 In conclusion on this issue, the impacts of the development in principle on heritage
assets were assessed at allocation stage. The level of detail provided in this outline
application suggests that harm to the settings and significance of Grade II and Grade II*
heritage assets and undesignated archaeology will be less than substantial and outweighed
by the public benefits. The details of building form, location, appearance and landscaping
and the control of activities within these buildings and spaces will be subject to a further
detailed application and will be required at that stage to demonstrate all reasonable efforts to
reduce the impact on the setting of adjacent listed buildings and heritage assets. On this
basis the proposal complies with the NPPF and policies 17 and 47 of the Local Plan.
Page 46
viii. Noise impact
8.67 Local Plan policy 17 (bullet 4) requires that any development should be designed to
reduce the impact of noise associated with the Goodwood Motor Circuit /Aerodrome. The
supporting text at paragraph 12.50 (bullet 1) indicates that housing development should not
be within 400m of the boundary of Goodwood Airfield and Motor Circuit. It goes on to state
that it may be possible for limited development to occur within 400m of the circuit, subject to
any proposal demonstrating that there would be no adverse noise impact on the occupiers of
the proposed housing development and no adverse impact on building design or
development layout resulting from proposed noise mitigation measures.
8.68 The illustrative proving layout shows part of the proposed residential development
within 400m of the boundary of Goodwood Airfield and Motor Circuit. The applicant justifies
this with reference to the noise assessment prepared by Cole Jarman (ES Chapter F).
Notwithstanding the proximity to Goodwood, the noise survey concludes that the
predominant source of noise which impacts the site is traffic noise from Madgwick Lane and
Stane Street. The EH officer concurs with these findings. There are also business uses
along the southern side of Stane Street that generate noise. It is therefore important that
development detail is informed by full assessments of existing noise and likely impacts. The
EH officer recommends more detailed noise monitoring will be required to be submitted as
part of the reserved matters application relating to layout, to ensure that noise impacts are
mitigated acceptably through design measures and thereby ensure dwellings and gardens
can be afforded satisfactory standards of amenity and acoustic protection from all sources of
noise.
8.69 In conclusion on this issue, the acoustic impacts of a residential development of
approximately 300 dwellings on this site on the existing environment, nearby businesses and
dwellings was assessed in principle as part of the Local Plan examination, prior to the
development allocation. Notwithstanding the proximity to Goodwood and the small
encroachment of the 400m buffer, the noise survey concludes that the predominant source
of noise which impacts the site is traffic noise from Madgwick Lane and Stane Street. The
impacts of the particular development detail will be reviewed through the reserved matters
application(s) and it is expected that the development will be designed and delivered in
accordance with acoustic recommendations. On this basis, the development will comply with
Local Plan policy 17 and NPPF paragraph 124. Construction noise can be controlled by
condition.
ix. Open space/green infrastructure
8.70 An integral part of the masterplan for the SDL is the provision of green infrastructure,
both within each residential development parcel and on land connecting the two where the
playing pitches and linear accessible green space are to be provided.
8.71 Within the residential site which is the subject of this application, the parameter and
illustrative plans show existing and proposed planting to all boundaries, the provision of a
landscaped ride to the north-western boundary fronting onto Madgwick Lane, retention of the
existing hedgerow on all boundaries with enhanced planting on the western boundary to the
road, a dual use green space and SuDS catchment in the south-western corner of the site,
enhanced planting to the Stane Street boundary and a small area of green space in the
south-eastern corner. A central green is also proposed towards the south-eastern part of the
site. Tree and hedge planting can be achieved along the primary routes through the site.
Additional planting will be limited to small areas of development setting and domestic
gardens.
Page 47
8.72 As suggested on the illustrative Open Space and Green Infrastructure Plan, the total
provision of open space, including equipped, formal and informal green and open space, is
2.445ha which is in excess of the policy requirement as set out in the Planning Obligations
and Affordable Housing SPD which is in total 2.272ha. Officers acknowledge that the
location of some areas of open space, particularly the central green and the equipped play
area, may need further consideration alongside the layout details at reserved matters stage,
however the quantum of space meets the requirements of the Planning Obligations and
Affordable Housing SPD.
8.73 The proposed delivery of 300 dwellings generates a requirement for around 1ha of
sport and recreation facilities. Here, this will be in the form of playing pitches, associated
changing facilities and parking. The playing pitches are covered by a parallel application
(15/03884/OUT) which falls to be determined alongside this application. Details are set out
in the following report listed as the next agenda item. For the purposes of this assessment, it
is summarised that the proposal relates to an area of land within the SDL allocation, in the
westerly portion of the field north of Madgwick Lane and west of Old Place Farm that borders
the existing Graylingwell development to the west and the River Lavant to the east. The
pitches are proposed to be accessed via a track which runs from Old Place Lane, opposite
this application site, and then adjacent to the river to the playing pitches. On the basis that
the partner application provides the required space and facilities, follows the intentions of the
associated SDL masterplan and SDL phasing plan and is provision and delivery is to be
bound by the S106 agreement required for this application, the development complies with
Local Plan Policy 54.
x. Ecology
8.74 The application site is presently an arable field and as such its primary ecological value
is in its hedgerows, boundary trees and the unmanaged buffer around the site boundaries.
The eastern boundary is particularly important ecologically for its contribution to the bat
foraging network as identified in Local Plan Appendix A.
8.75 The requirement to provide safe and suitable vehicular and pedestrian access to this
site including sufficient visibility splays will result in the loss of some sections of the
vegetative boundaries. However the boundary onto Madgwick Lane is ecologically important
and the latest illustrative plan identifies that most of the hedging could be retained whilst
achieving highway standards. Further areas of planting will enhance this boundary,
particularly to the northern section which is shown to comprise a landscaped ride.
8.76 The majority of the southern and eastern boundaries can however be retained without
compromising the development layout and indeed, the illustrative plans suggest the open
space and SuDS features will be located along the southern boundary and in the south west
corner to provide a buffer to the built development. Significant additional planting, primarily
trees, are proposed to the site boundaries.
8.77 The retained and new boundaries and buffers will provide habitat for reptiles, bats,
badgers and nesting birds. The use of planning conditions to protect these areas during
works and suitable additional and replacement planting, ecological enhancements and an
ecologically appropriate lighting scheme would need to be secured through any reserved
matters application. On this basis, and considering on-site ecological impacts as a whole,
the development is capable in this regard of complying with Local Plan policy 49 and Natural
England's standing advice on protected species.
Page 48
8.78 The site lies within the 5.6km buffer for the Chichester Harbour Special Protection
Area. The development of up to 300 dwellings will have an in-combination effect on the
Solent Maritime SAC. Avoidance measures will need to be adopted to ensure the
development will not adversely affect the integrity of the SPA. In accordance with the Solent
Disturbance and Mitigation Project (Phase III), the payment of £174 per dwelling is required
at or before commencement to ensure the avoidance measures funded by this money are in
place prior to first occupation and this will be secured through the Section 106 Agreement.
Accordingly, the development complies with CLP policy 50.
xi. Socio-economic impacts
8.79 Chapter H of the ES deals with the socio-economic impacts of the development, as do
many consultees and third parties. In general terms, it is necessary to focus development on
Chichester city and its immediate surroundings, as the city is the primary settlement in the
plan area. The application site will provide upto 300 dwellings in a sustainable location for
accessing goods, services and facilities, including employment and leisure functions. The
development will make a significant contribution to meeting local and district housing need,
including providing 30% affordable dwellings of various tenures integrated within the site.
The construction of the development itself will also deliver a number of benefits, as set out in
the ES.
8.80 Infrastructure capacity is a key consideration, including in relation to transport capacity
and the effect of development on existing pressured local services. It is through the delivery
of large schemes such as this that substantial infrastructure improvements can be justified
and funded, which will, in the main, provide a betterment to the existing situation. The
transport improvements as set out in section 8.86 below, secured through CIL and the
Section 106 Agreements are a particular example of this. CIL and the bespoke S106
Agreement for this development are important tools to ensure developments are required to
off-set harm and fund required infrastructure to support development and, as listed below,
this development will be subject to a wide range of obligations. The site itself also provides
for a community facility or, in the event the building is provided on an alternative site in
Westhampnett, there will be a requirement for a commuted sum proportionate to the size of
the development. For the full 300 dwellings, this would be £530,100. Either option will result
in improved community provision to benefit the whole village community. The proposed
Green Infrastructure links will connect the site and local residents to a wider range of
recreational opportunities. Overall it is agreed there will be tangible benefits of delivering this
scheme in socio-economic terms, which will assist in achieving the objectives of the
Chichester Local Plan.
xii. Other Matters
Air Quality
8.81 As recognised in paragraphs 8.12-8.13 of the Local Plan (policy 8), air pollution has a
wide ranging impact on human health and new development can have an adverse impact on
air quality through increased transport movements and congestion. The application site is
located such that traffic generated by the 300 new dwellings could have a cumulative impact
on the highly sensitive Air Quality Management Areas (AQMAs) in and around Chichester
city. An assessment of the air quality impacts of the proposal is included within Chapter G of
the ES. Further details were then provided during the application which are now considered
satisfactory. On the basis that an air quality management plan will be implemented, details
of which will be secured by condition, the development will not generate adverse air quality
effects and would comply with Local Plan policy 8 and NPPF paragraph 124.
Page 49
Contamination
8.82 As set out in Chapter K of the ES, no sources of potential ground contamination were
identified at the site. In the event that contamination sources may be found during
construction, a watching brief can be secured through a condition. Likewise, pollution
mitigation measures to protect land and groundwater contamination during construction and
once the site is occupied can also be secured through suitably worded conditions in
accordance with the recommendations of the Council's Senior Environmental Health
Technician and Chapter K of the ES. Accordingly the development will comply with NPPF
paragraphs 120-122.
Communications infrastructure
8.83 The Local Plan recognises that high quality advanced communications infrastructure is
essential for economic growth (paragraph 8.15) and advises that development should
facilitate where possible the growth of new and existing telecommunications systems to
ensure residential and business choice. These aspirations are included within LP policies 7,
8, 9, 33 and 39. The applicant has confirmed that broadband access will be provided to all
households on occupation. The full details of this will be sought and approved by condition.
Significant Conditions
8.84 The recommendation to permit this outline application includes conditions regarding full
foul and surface water drainage and management details, construction management plan
covering transport and environmental matters, archaeology investigations and reporting,
ecological and vegetation protection, noise assessment and final access details. All detailed
matters will then be dealt with by reserved matters application(s) which will be subject to
additional conditions.
S106 Agreement
8.85 It is intended that the Community Infrastructure Levy will be adopted by the Council on
26 January 2016, with implementation proposed for 1 February 2016. The proposed
development will be subject to CIL in accordance with the Council's Charging Schedule.
8.86 On this basis and in accordance with the Council's Infrastructure and Affordable
Housing SPD, the following will be sought by way of the S106 agreement.
1.
2.
Phasing plan
Affordable housing - 30% affordable housing (up to 90 units) with the following mix and
tenure:

30% shared ownership with 10-20% x 1 bed, 60-80% x 2 bed and 10-20% x 3 bed

70% affordable rented with 10-15% x 1 bed, 30-35% x 2 bed, 35-40% x 3 bed and
15-20% x 4+ bed
Page 50
3.
Community Facilities - in consultation with Westhampnett Parish Council the Council
shall elect whether the owner shall provide a the community hall on site or pay a
financial contribution towards provision of the community hall on the Maudlin Nurseries
site

Provision of a community hall (minimum 428sqm) and associated car parking
spaces in accordance with WSCC requirements. Site size a minimum of 0.25ha,
or

A financial contribution of £1,787 per dwelling ( £536,100 if full 300 delivered)
towards the provision of a community hall on the Maudlin Nurseries site
4.
Sports provision - provision of one senior football pitch and changing facilities in
accordance with Sport England guidelines, 8 parking spaces and temporary vehicular
access from Madgwick Lane (to be stopped up when the second football pitch is
provided together with vehicular access from the north) - delivered and available for
public use before occupation of the 200 dwelling and appropriately managed and
maintained thereafter.
5.
Landscaping and open space

Formal open space within the site and the landscaped ride to the north western
boundary, comprising a minimum of 0.74ha for the landscaped ride and 0.9ha for
the open space. On the illustrative open space and green infrastructure plan, this
would include the areas identified as the proposed ride, the perimeter planting (but
not the SuDS) and the central green area. To be delivered in accordance with the
phasing plan.

Landscape buffers
6.
Children's equipped play space - a minimum of 0.22 hectares of equipped and nonequipped play area. On the illustrative open space and green infrastructure plan, this
would include the areas identified as equipped play area and play area. To be delivered
in accordance with the phasing plan.
7.
Green infrastructure - provision of a publically accessible green infrastructure route,
between Madgwick Lane and the playing pitch, comprising a footpath and cycle path
adjacent to the River Lavant, with a minimum width of 3.7m and with a surface suitable
for its use in a rural location be retained in perpetuity. Details of maintenance and
management plan to be agreed. Delivery prior to occupation of 200th dwelling.
8.
Chichester Harbour SPA mitigation - financial contributions of £52,200 (£174 per
dwelling) to be paid prior to commencement and provision of education packs on first
occupation of each dwelling
9.
A27 Contribution - prior to commencement of development to enter into a S278
Agreement with Highways England to secure a financial contribution of £1,166,667
(£3,889 per dwelling) towards the A27 Chichester Bypass junction improvements or
any such figure as set out in the adopted SPD
10. Site specific highway improvements comprising:

The provision of a length of footway in accordance with plans and details
submitted to and approved in writing by the Council along the northern side of
Stane Street leading from the most easterly proposed pedestrian access into the
development to connect to the existing footway east of St Peter's Church. To be
provided prior to first occupation.

A contribution of £20,000 towards new bus stops and passenger infrastructure (to
include timetables and shelters) on Stane Street in the vicinity of the proposed
development. To be paid upon commencement.

A contribution of £6,000 to fund and promote alterations to the Traffic Regulation
Order to enable the speed limit along Madgwick Lane to be reduced to 40mph.
To be paid upon commencement.
Page 51


To implement a travel plan in accordance with the approved framework. The
travel plan to be implemented upon first occupation.
The provision of safe pedestrian route across and along Madgwick Lane
connecting the site with the green infrastructure and playing pitch.
Environmental Statement and Parameter Plans
8.87 The site has been allocated for residential development within the Chichester District
Local Plan, which itself has been found sound. The applicant has further demonstrated,
through the submission of an Environmental Statement and associated parameter plans, that
the site is capable of accommodating the quantum of development (300 dwellings and
community facility) and the proposed access whilst complying with the Environmental Impact
Regulations. It is concluded that subject to further assessment through the necessary
reserved matters that the principle of developing this site in the manner proposed (number of
dwellings and point of access) would have no significant environmental impacts.
8.88 Approval of the submitted parameter plans at this stage would effectively fix the layout
of the proposed development without full consideration of the details. This may well result in
a development which is inappropriate in terms of its finer grain detailing, including its impact
on the setting of adjacent listed buildings, and would lack integration with its surroundings.
Approval of the parameter plans would also, for example, prevent the opportunity to increase
densities in some areas, particularly along the eastern boundary, in a way that could still
reflect character and landscape sensitivities. By not approving the parameter plans, it would
enable flexibility at the reserved matters stage to use open space to structure the layout and
integrate the development into the landscape. It would also provide the opportunity to
relocate the central green and the equipped play area and deliver any additional landscaping
required to compensate for that removed for visibility splays along Madgwick Lane.
Conclusion
8.89 The principle of a housing development on this site has been established, through the
allocation of the SDL in the Local Plan and the specific requirements of policy 17. Policy 17
of the Local Plan requires that the SDL is allocated for a mixed development comprising 500
homes, community facilities and open space and green infrastructure. In relation to the
application site, policy 17 of the Local Plan specifically requires that the development of the
SDL is directed towards the settlement of Westhampnett to the south of Madgwick Lane.
8.90 The parameter plans and illustrative information demonstrate that it is possible to
deliver the quantum of development proposed in the outline application, that being up to 300
homes (subject to satisfactory details provided through reserved matters applications), a
community facility and associated access, parking, open space and landscaping in a manner
which would be in keeping with the character of the surrounding area and not have an
adverse impact on the setting of adjacent heritage assets or the adversely impact on the
wider landscape sensitivities.
8.91 WSCC has confirmed that, subject to the S106 agreement, recommended conditions
and technical consents, the access arrangements are acceptable and there will be no severe
transport impacts.
8.92 Based on the above it is considered the proposal complies with to development plan
policies and therefore the application is recommended for approval.
Page 52
Human Rights
8.93 In reaching this conclusion the Human Rights of the applicants and nearby occupiers
have been taken into account when reaching this recommendation and it is concluded that
the recommendation to permit is justified and proportionate.
RECOMMENDATION
a)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
DEFER FOR SECTION 106 THEN PERMIT
U99627 - Time Limit - Outline
U99628 - Time Limit - Reserved Matters
U99613 - Approved Plans
U99614 - Foul Drainage - Tangmere
U99615 - Foul Drainage - on and off site works
U99616 - Surface Water Drainage
U99617 - Construction Management - highways
U99618 - Construction Management - EH
U99619 - Construction Management - Ecology
U99620 - Archaeology
U99621 - Tree protection
U99629 - Hedgerow protection
U99622 - Timetable for vehicular/pedestrian access
U99623 - Temporary Construction Access
U99624 - Utilities
U99625 - Site levels and sections
U99626 - SuDS Management
U99630 - External Lighting
U99631 - Sustainable construction
U99632 - Contaminated Land
U99756 - Noise
U99643 - Visibility Splays
U99642 - Car Parking Space
U99641 - Cycle Parking
U99640 - Access Road
U99633 - Hours of Construction
INFORMATIVES
1
2
3
4
5
6
7
W45F Application Approved Following Revisions
W02F S.106 Agreement
U99636 - INFORMATIVE - S278 Agreement
U99637 - INFORMATIVE - S38 Agreement
U99638 - INFORMATIVE - Southern Water
U99639 - INFORMATIVE - Nesting Birds
U99757 – INFORMATIVE - EIA
b)
TO ONLY CONTEST THE APPEAL ON THE BASIS THAT THE APPELLANT
SEEKS FORMAL APPROVAL OF THE PARAMETER PLANS, SEEKS THE REMOVAL
OF THE HEDGEROW ALONG MADGWICK LANE OR A FAILURE TO SECURE THE
NECESSARY S106 REQUIREMENTS.
For further information on this application please contact Joanna Bell on 01243 534899.
Page 53
Agenda Item 6
Planning Committee
3 February 2016
Masterplan for the
Westhampnett/NE Chichester
Strategic Development Location (SDL)
1. Contacts
Report Author:
Jo Bell, Development Manager (Majors and Business),
Tel: 01243 534899
E-mail: [email protected]
2. Recommendation
2.1.
That the Committee endorses the broad approach to development of the
SDL as set out within the Masterplan and Phasing Plan
3. Introduction and Policy Background
3.1.
The key polices which relate to the masterplanning of the Westhampnett/NE
Chichester SDL are:

Local Plan Policy 7 – Masterplanning Strategic Development

Local Plan Policy 17 - Westhampnett/NE Chichester Strategic
Development Location

Westhampnett/NE Chichester Concept Statement
3.2.
Policy 7 of the adopted Local Plan requires the strategic development locations
identified in the Local Plan to be planned though a comprehensive
masterplanning process. In broad terms, the masterplans should describe and
map the overall vision and concept for each of the proposed strategic
development locations. They should also set out the intended implementation
and phasing of development.
3.3.
Policy 17 of the Local Plan identifies the Westhampnett / NE Chichester SDL.
The SDL lies to the north-east of Chichester City, extending to Westhampnett
village. The site is located between the city and the Goodwood Motor Racing
Circuit/Aerodrome, extending south to Stane Street and Westhampnett Church.
Most of the western half of the SDL lies within the River Lavant floodplain, which
falls within flood zone 2 and 3. A further constraint is imposed by the potential
noise impacts from the Goodwood Motor Circuit/Aerodrome which prevent
development on the northern part of the SDL. Taking account of these
development constraints, policy 17 identifies the Westhampnett/ NE Chichester
SDL for mixed development comprising 500 homes, community facilities and
open space and green infrastructure, including a linear green space with public
access along the Lavant Valley. Both Local Plan policy 17 and the adopted
Concept Statement direct the development of the SDL towards the settlement of
Westhampnett, to the south of Madgwick Lane and to the eastern edge of
Chichester, but away from the floodplain of the River Lavant.
Page 54
3.4.
A document titled ‘Westhampnett/North East Chichester Strategic Development
Location – Compliance with Chichester District Council Local Plan Policy 7’ has
been submitted with the outline application 15/03524/OUTEIA which includes
two masterplan drawings. The SDL masterplan (drawing number 5753/SK59)
and the SDL phasing plan (drawing number 5753/SK58A) which has been
amended through the course of the application, demonstrate how the whole SDL
could be developed.
4. Consultation
4.1.
The masterplans and explanatory document were submitted as part of
application 15/03524/OUTEIA and therefore the consultation on the masterplans
took place as part of the consultation on the application. Below are relevant
extracts from the consultation responses provided in relation to application
15/03524/OUTEIA which specifically relate to the masterplans.
4.2.
Westhampnett Parish Council
Drawings 5753 / SK 58 and SK 59: SDL Masterplan and SDL Phasing Plan
The proposals for temporary vehicle access from Madgwick Lane and sports
pitches; parking and changing facilities are contained within documents
supporting the Outline Planning Application WH/15/03524/OUTEIA comments
for which are attached to this document.
At a time when there is so much uncertainty about solving the housing needs of
the County, and Chichester District in particular, we are now being asked to
consider a recommendation for the provision of "green spaces" for the
enjoyment of the local community. We, Westhampnett Parish Council strongly
oppose the so called green space application for the banks of the Lavant and
the associated roadway. According to the Strategic Development Location Plan
5753/SK52, the area access route is identified as a pedestrian/cycle route, on
Plan 5753/SK59 the route is identified as a Temporary Vehicular Access Route.
CDC flyer identifies the route as Linear Green Space, clearly a confused
contradiction of description. What do these terms mean and how can they all
apply to the same infrastructure?
Why is this intrusion on agricultural land needed when there are at least 5 sport
facilities available to the residents of Chichester without encroaching on green
agricultural land? In the absence of much more meaningful research and
evidence showing irrefutable demand for the sports specified surely the existing
facilities of Westgate Leisure, Oaklands Park, Chichester College, Chichester
Academy and Goodwood Leisure Centre provide ample amenity for the Tennis
Fraternity without this intrusion into a secluded remote area. The unnecessary
development promotes an introduction of cars, associated roadways, parking,
air pollution, light pollution, and noise pollution onto an agricultural area. Also an
expansion of surface water run off onto an area already subjected to flooding
and a green area clearly identified as being unsuitable for development.
Page 55
Do you not feel the intrusion of 300 extra houses is enough for this small village
area, without attempting to flood it with imported cars and people under the
illusion that this proposal is a green initiative. As a Parish which embraces the
importance and continued success of the Goodwood Estate we already
welcome nearly half a million visitors to "our patch" through the year is it
justified to add yet more regular and sustained traffic into the neighbourhood.
CDC proposal introduces an intrusive route for cars, cycles and pedestrians off
Old Place Lane, two meters away from the windows of grade 2 listed cottages,
causing a lack of privacy and security plus a reduction in the quality of life for
existing residents. If the proposal is seen to be justified why is the existing
agricultural roadway, leading to the development area, not being used or
improved rather than waste money on creating a new road that only serves to
destroy the quality of life for those living near it. If the need for additional sports
facilities is that pressing there is a site available on the 300 house site identified
as Community Facility Area that may accommodate the requirement in a far
better location than a site subject to flooding and in the middle of a green
agricultural area.
This proposal is a chronic waste of CDC financial resources whilst paying lip
service to a green policy that is defeated by its own proposals of increased
pollution, both from cars, light, noise and flooding. There is no justification for
this pointless waste of money and destruction of our already eroded
countryside.
4.3.
South Downs National Park Authority
Our principal considerations relate to the lack of a comprehensive masterplan
for the SDL in its entirety, including a strategy for green infrastructure provision
and opportunities for improved recreational provision.
Landscape
The lack of a comprehensive masterplan limits the ability of the individual
sections of development to respond strategically to landscape. The overall
impact could be greater than the sum of the parts. If all parts of the site push
landscape to the edges, this is likely to result in an uninteresting suburban
landscape of development islands with no design integrity for the wider scheme.
Design
The current application presents a layout for only 300 of the 500 dwellings
allocated for the site and is therefore by nature not part of a ‘comprehensive
masterplan’. This piecemeal approach diminishes the integrity of the Local Plan
policies, the compliance document’s ‘site wide masterplan’ and assessments of
impacts on the South Downs National Park.
Page 56
The area between the two land parcels is a floodplain which would mean that
there is a likely potential risk of these two communities being separated by flood
water and unusable playing pitches. SDNPA wish to stress the importance of
the River Lavant corridor. A variety of green spaces should be integrated into
the development to give good recreation opportunities for all. The green
infrastructure plan should encapsulate the benefits of being in such close
proximity to, and the character of, the National Park. The strategy does not
appear to pull the natural environment through into the development site, but
formalises a landscape within itself.
Access and Recreation
The principle of delivery of green links to the SDNP (LP policy 7 and 17) would
support the second purpose of the National Park. The SDNPA is therefore
encouraged to see that the revised “Site Wide Masterplan” (drawing nos
5753/SK58 and 5753/SK59) indicates a new pedestrian/cycle route to be
created alongside the River Lavant as far as the northern end of the SDL (albeit
that it would link with footpaths and so would be of limited benefit as a
cycleway). However, it is a pity that such a link is indicated as being provided as
part of a second phase of development. Unfortunately the footpaths towards the
SDNPA that the proposed pedestrian/cycleway would connect with also lead
only to a dangerous section of Fordwater Road.
If the playing pitches (15/03884/OUT) are to be permitted, it would be preferable
to ensure delivery of as much of them as possible as part of a first phase of
development. It is questionable whether the road/track from the application site
to the site of the proposed sports pitches can truly be described as a “linear
green space”.
4.4.
Design Review Panel
The indicative masterplan (Proving Layout) is credible and has some attractive
features, but we feel the development as a whole will be sealed off from its
surroundings. A softer edge to the development would help, particularly to the
east. We welcome the connection to Chichester through Graylingwell and see
the appeal of the ‘rural ride’.
4.5.
Goodwood Estate
Insufficient information, specifically absence of an indicative masterplan that
demonstrates how the proposal will sit within the strategic allocation and assists
in delivering that development objective. Parameter plans are inadequate for
this purpose.
Accept the strategic allocation has been adopted but believe the development is
in the wrong form and location, poorly planned and harmful to the future
economic, social and environmental interests of the district, the historic setting
and future of the Goodwood Estate and represents a significant threat to the
future economic vitality of the area.
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5. Assessment of Masterplan Requirements
5.1.
Policy 17 of the Local Plan sets out specific requirements for masterplanning of
the wider Westhampnett/North East Chichester SDL. The policy refers directly
to the requirements of policy 7 which sets out the Council’s expectations for
strategic masterplans. Policy 7 states that masterplans will be expected to
achieve the requirements of a number of listed criteria (proportionate to the
scale of development), which are considered in turn below.
Policy 7 requirements
1. Include an indicative development layout and phasing and implementation plan
5.2.
The indicative development layout is shown on the SDL masterplan and
illustrates the different land uses (residential and potential community facility),
together with the road, pedestrian/cycle access, open space and drainage
infrastructure proposed across the SDL. The masterplan shows two very
separate and distinct areas of built development within the SDL, one on land
south of Madgwick Lane and the second on the land west of the River Lavant.
The supporting text to the masterplan clarifies that the phase 1 development will
deliver up to 300 homes and the second phase will deliver the remaining 200
homes.
5.3.
In addition to the open space provision shown within the two built development
parcels, the masterplan also shows the provision of associated playing pitches
lying between the two developments. The masterplan clearly demonstrates that
there is no capacity to provide playing pitches within the SDL development
parcels, as achieving the required numbers of homes at appropriate densities
precludes it. The masterplan shows two senior football pitches, a cricket pitch
and associated changing facilities and car parking provision. The masterplan
also shows the provision of the green infrastructure located between the two
developments and in the northern part of the SDL, comprising a linear green
footpath/cycleway with public access along the River Lavant.
5.4.
The phasing plan provides an indication of how the two areas of built
development within the SDL will be delivered. The phasing plan proposes the
first phase of development will be the land south of Madgwick Lane (the subject
of the current outline application) and the second phase will be development on
the land west of the River Lavant.
5.5.
The phasing plan also illustrates that the delivery of the first phase of housing
will be linked to the delivery of one playing pitch, changing facilities near the
north-west corner of the phase 1 playing pitch, temporary car parking to the west
of the phase 1 pitch and temporary vehicular access from Madgwick Lane to
serve the playing pitch. The phasing plan shows that the second phase of
housing will be linked to the delivery of the second playing pitch. The temporary
car park will be removed and a permanent car park established near the
changing facilities. Vehicular access to the playing pitches will switch to a route
through phase 2 on completion of this phase and the vehicular access along the
track from Madgwick Lane will be closed.
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5.6.
In terms of delivery of the linear green footpath/cycleway, the phasing plan
shows the provision of the green infrastructure will be delivered in two phases.
The first phase will comprise the section from the phase 1 housing to the playing
pitch and the second phase will be for the remainder of the green infrastructure,
providing links from the playing pitches northwards towards the South Downs
National Park and west into Chichester City. The green infrastructure
associated with phase 1 will be in the form of a track from Madgwick Lane to the
playing pitches comprising a pedestrian/cycle link and temporary vehicle link to
be used for access to the playing pitches. Phase 2 will continue the track as a
pedestrian/cycle link and will result in the green link providing a wider
recreational access use. As part of the implementation of the phase 2 playing
pitches, the vehicular access along the track forming the first phase of the liner
green space will be removed.
2. Incorporate high standards of urban design and architecture that respects the
character of the landscape, heritage, adjacent and nearby settlements and built
development, reflecting the urban to rural transition with appropriate boundary
treatment
5.7.
The masterplan demonstrates how the proposals will make an efficient use of
the land whilst balancing the need to reflect the landscape character and
heritage of the area.
5.8.
The document ‘Westhampnett/ NE Chichester Strategic Development Location –
compliance with Local Plan policy 7’ contains a strategic Landscape
Assessment which informed the production of a Landscape and Visual
Opportunities plan which has informed the masterplan for the SDL. The key
factors identified are opportunities to open and define new vistas towards
Chichester Cathedral and Graylingwell Hospital, enhancing the riparian
landscape, connecting the SDL to the South Downs National Park via an
attractive route and provision of new footpaths to a variety of character and
duration of walks.
5.9.
In terms of its historic and landscape character, the masterplan respects key
view corridors. The phase 1 indicative layout has been designed to provide a
long view between Graylingwell Tower and St Peter’s Church. The masterplan
has also been designed around views to Chichester Cathedral spire and the
Trundle in the South Downs National Park, with the landscaped edge to the
north of the phase 1 development parcel providing distant views to the SDNP
and the edges to the south and west providing distant views to Chichester
Cathedral. In terms of phase 2, the masterplan identifies the Graylingwell view
as a ‘gateway view’ and the detailed housing layout will need to ensure
appropriate regard is had to views of Graylingwell Tower.
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5.10. With respect to heritage, there are no scheduled ancient monuments, listed
buildings or conservation areas within the SDL. There are some listed buildings
in close proximity to the SDL, including along Madgwick Lane, St Peter’s Church
and within Westhampnett Village, to the east of the church. The phase 1
development parcel demonstrates that it would be possible to introduce a level
of built development which would ensure that the proposal would have no
significant adverse impact on the setting of St Peter’s Church or the listed
buildings along Madgwick Lane. With regard to the phase 2 development
parcel, the relationship of the future built development with the adjacent
conservation area will need to be carefully considered.
5.11. With respect to urban design, this is predominantly an issue to be dealt with at
the relevant Reserved Matters phases.
5.12. The masterplan clearly demonstrates consideration of the urban / rural
transition, with a significant landscape buffer shown on the northern edge of the
phase 1 development parcel along Madgwick Lane and robust landscape buffer
on the northern and eastern edges of the phase 2 development parcel, which
will filter views and soften the impacts of the development, which in themselves
will be read against the backdrop of development in Chichester city.
3. Make effective use of the site through the application of appropriate densities in
terms of scale, height and massing and its relationship to adjoining buildings
and landscape
5.13. The phase 1 development parcel provides a maximum of 300 homes, at a
density ranging from 15 to 40dph. The masterplan proposes a lower density in
the north and east to a higher density reflecting the more urban character in the
south and west. The scale and massing is more appropriately considered as
part of the planning application for the site. The outline application
demonstrates that in terms of height and massing, it would be possible to
develop the site at the densities proposed with predominantly 2 storey housing,
with 2.5 storey dwellings constrained to important routes within the site and very
small elements of 3 storey development at the junction of Stane Street and at
the southern gateway reflecting the scale of Westhampnett Mill.
5.14. In terms of phase 2, the densities vary from 25-35dph, which is considered
appropriate when read against the backdrop of the city and existing
development. Details of the height and massing for the phase 2 scheme have
not been provided at this stage, however when considering the very recently
approved Graylingwell Hospital reserved matters application, it appears that the
phase 2 development parcel would have potential for a slightly higher proportion
of 2.5 and 3 storey development on part of the southern and western edges of
the site.
4. Create a strong sense of place ensuring the proposed development makes a
positive contribution to local character and distinctiveness
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5.15. This issue will need to be fully addressed by the proposals submitted at the
relevant Reserved Matters phases. To enhance the sense of place, the
incorporation of broad character areas within the proposals will help to provide
the development with a distinct character related to the existing settlement
patterns. The arrangement of spaces plus changes in density and form of
development will create variation in the scheme. In terms of the phase 1
development parcel, this should reflect the architectural vernacular of
Westhampnett and in terms of the phase 2 development parcels this should
reflect the character of Graylingwell conservation area and the local character
and distinctiveness of Chichester city.
5. Plan for integrated development, providing for a mix of housing that addresses
the range of local housing needs and encourages community cohesion
5.16. The precise mix of housing has not been provided in relation to the masterplan,
however the densities shown on the masterplan would, in principle, allow for the
provision of a range of housing types and sizes.
5.17. In terms of the phase 1 development parcel, the outline application has
confirmed the provision of 30% affordable housing and the S106 agreement will
secure the tenure mix and require the housing mix to be SHMA compliant. The
illustrative housing mix (submitted with the outline application) shows one option
for delivery of the housing mix. Although this includes more 4+ bed houses and
fewer 3 bed houses than are required by the SHMA, the illustrative layout
demonstrates that it will be possible to deliver a SHMA compliant mix on this
site.
5.18. In terms of the phase 2 development parcel, the mix of housing has not been
provided at this stage. An outline application would require delivery of 30%
affordable housing and an overall housing mix which is SHMA compliant.
6.
Reduce the need for car use and encourage sustainable modes of travel,
including provision of public transport, cycle routes, footpaths and bridleways
5.19. The SDL is located in a sustainable location, with existing public transport
encouraging travel by sustainable modes. The masterplan proposals will deliver
a number of improvements to the local highway network, through CIL including
improvements towards Westhampnett Road mini-roundabouts and the
Chichester to Tangmere cycle route.
5.20. The SDL masterplan for the phase 1 development parcel illustrates a number of
dedicated pedestrian / cycle connections which connect with adjacent routes.
The masterplan shows several pedestrian/cycle connections to the existing
footway south of Stane Street and to the cycle route. The masterplan illustrates
that the footpath along the southern edge of the phase 1 site could be extended
to connect to the existing footpath on the northern side of Stane Street. The
masterplan also shows a pedestrian/cycle link to the bridleway north of the site,
which links to the South Downs National Park. The masterplan for the phase 2
development parcel illustrates a vehicular, pedestrian and cycle link into the
existing Graylingwell development to the south.
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5.21. As referred to above, the SDL masterplan shows a proposed green
infrastructure link which comprises an additional pedestrian/cycle route on the
land north of Madgwick Lane linking to the playing pitches and the phase 2
housing development providing an new pedestrian/cycle link into Chichester City
to the south and west and continuing north to provide an additional
footway/cycle link through the SDL towards the SDNP.
7. Create a network of permeable and interconnected streets and public spaces
5.22. Although the detailed housing layout would primarily be for consideration at the
Reserved Matters stage, the SDL Masterplan illustrates that both the phase 1
and phase 2 development parcels could be designed with vehicular, cycle and
pedestrian links that enhance the permeability of the site and to provide a
number of options for connecting the site with its surroundings. The road layout
shows a hierarchy of streets, with a traditional perimeter block structure rather
than a series of cul-de-sacs, which further improves permeability. A number of
green spaces are illustrated within each of the development parcels,
predominantly on the boundaries of the site, with a central green also shown
within the phase 1 development.
8. Include measures to mitigate the traffic impacts of the proposed development
on the strategic and local road networks
5.23. The site is located adjacent to Chichester City, which is the most sustainable
settlement in the district. The development is well linked to the city and
improvements to the local road network are proposed on the Masterplan to
enhance pedestrian and cycle connectivity.
5.24. A Transport Assessment and Travel Plan has also been submitted with the
outline application in relation to the phase 1 housing development, which sets
out measures to reduce the impact of the development on the local and strategic
highway network and improvements to the Westhampnett Road miniroundabouts and the Chichester to Tangmere cycle route. A Transport
Assessment and Travel Plan will be provided with any outline application in
relation to the phase 2 development.
9. Provide for timely delivery of physical infrastructure, including sewerage
connections and fibre optic broadband
5.25. Southern Water has recently confirmed that the major capacity improvements at
Tangmere WwTW will be completed by December 2017. On this basis the
housing development on the SDL, which the applicants estimate will be
available for first occupation in Spring 2018 at the earliest, will be able to
connect to Tangmere WwTW.
5.26. Broadband access will be provided to all households within the SDL on
occupation. A condition of any planning application will secure necessary
details to ensure this is delivered.
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10. Provide for appropriate employment provision and community facilities to serve
the new development
5.27. There is no requirement under policy 17 to provide any employment provision on
the Westhampnett/NE Chichester SDL.
5.28. With regards to community facilities, the SDL masterplan for the phase 1
development parcel makes provision for delivery of a new community hall with
parking to serve the new development. The SDL masterplan shows the location
of the community facility in the south-eastern corner of the site, close to the
pedestrian/cycle access to ensure good accessibility to the village of
Westhampnett. The S106 Agreement linked to the outline application for the
phase 1 development will provide Westhampnett Parish Council and the Council
with the option to decide the most appropriate location for the new community
hall, either for delivery on the phase 1 site or at the alternative location on the
Maudlin Nurseries site in Westhampnett. No community facilities are required to
be delivered on the phase 2 development parcel.
11. Provide for accessible open space to meet identified local needs and/or
increase accessibility to existing open spaces
5.29. The SDL masterplan illustrates provision of appropriate new formal and informal
open spaces within both development parcels. This open space includes
informal green space, landscape buffers and provision for an equipped
children’s play area.
5.30. As outlined above at paragraph 5.5, in terms of the formal playing pitch
provision, the location of the playing pitches are shown on the SDL masterplan
and the SDL phasing plan shows that playing pitches will be delivered in two
phases, with one pitch linked to each phase of housing delivery.
12. Incorporate a green infrastructure strategy, providing an integrated network of
green spaces, taking advantage of opportunities for off-site links to the Coast,
South Downs National Park and wider green network
5.31. As outlined above at paragraph 5.6, the SDL masterplan shows the provision of
the green infrastructure comprising a linear green footpath/cycle link with public
access along the River Lavant, with the first phase located between the phase 1
housing development and the playing pitch and the second phase located in the
northern part of the SDL, providing links northwards towards the South Downs
National Park and west into Chichester City. The first phase will also include a
temporary vehicular track from Madgwick Lane to the playing pitches to be used
for access to the playing pitches. As part of the implementation of the phase 2
playing pitches, the vehicular access along the track forming the first phase of
the liner green space will be removed, with vehicular access being provided
instead on a permanent basis through the phase 2 site.
13. Provide appropriate measures to mitigate flood risk and ensure that the
development is resilient to the potential impacts of climate change
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5.32. The phase 1 and phase 2 development parcels are generally located within
flood zone 1. There is a small area on the western phase 1 site boundary,
adjacent to the River Lavant, which is in flood zone 2, however the SDL
masterplan shows that no built development is proposed in this area. Similarly,
there is a small area in the south-east corner of the phase 2 site from which built
development is excluded for the same reason.
5.33. The SDL masterplan provides an illustration of the proposed water attenuation
features for the phase 1 development parcel, which can be delivered within the
site boundaries to manage surface water in a sustainable manner. Although not
shown on the SDL masterplan the landscape buffer/open space on the northern
and eastern boundaries of the phase 2 development parcel would provide the
same opportunities, when considering the slope profile of the site.
5.34. In terms of the playing pitches and the green infrastructure route, the SDL
masterplan shows that these are located in flood zones 2 and 3. Playing pitches
and recreational paths are, however, uses of land which are water compatible
and therefore appropriate and acceptable within flood zone 3.
14. Assess the potential for including renewable energy schemes
5.35. A range of low carbon and renewable energy measures could be provided within
the development of the SDL that meet national and local policy requirements.
The SDL benefits from mainly a south facing aspect with the phase 1
development having a south/south-west sloping aspect and the phase 2
development having a south/east sloping aspect. This would suggest that there
is a potential for a significant number of dwellings to have a favourable (south,
south-eastern or south-western facing) orientation and rising aspect of the land
to take advantage of photo voltaic and solar thermal equipment on the roofs of
the dwellings in addition to fabric efficiency.
15. Demonstrate a good understanding and respect for the natural environment, its
heritage assets and their settings both within the site and in the wider locality
and include details of how the natural environment and heritage assets will be
preserved, conserved and enhanced.
5.36. As outlined in paragraphs 2.7 – 2.12 above, officers are satisfied that the SDL
masterplan has considered the impact on existing heritage assets and
landscape character. The SDL masterplan has been designed to respect key
view corridors, demonstrates that the level of built development proposed can
be satisfactorily accommodated without detriment to the setting of nearby listed
buildings or the Graylingwell Conservation Area and that appropriate buffers
have been incorporated on the northern edge of the phase 1 development
parcel and on the northern and eastern edges of the phase 2 development
parcel to satisfactorily address the urban/rural transition.
A management plan must be produced as part of the masterplanning process to
demonstrate how infrastructure and community assets will be maintained and
managed following completion of the development
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5.37. An outline Management Plan has been submitted by the applicant for
discussion. It identifies how planting, open space and sports pitches, and
community assets (if provided on site) could be maintained and managed
following completion of the development. It states that all maintenance and
management works will be undertaken by a management company in
perpetuity. The full details will be secured through the S106 Agreement.
5.38. In addition to the general requirements for masterplanning of the site (as set out
above), Policy 17 of the Local Plan sets out further requirements specific to this
particular SDL. The masterplan is assessed against these requirements below.
Policy 17 requirements
1. Development will be directed towards the settlement of Westhampnett, to the
south of Madgwick Lane and to the eastern edge of Chichester, but away from
the floodplain of the River Lavant
5.39. The SDL masterplan shows two separate areas of built development within the
SDL, one on land south of Madgwick Lane and west of the village of
Westhampnett which proposes a development of up to 300 homes and the
second on the land to the east of Chichester city (adjacent to Winterbourne
Road residential area and the Graylingwell Hospital development which is
currently under construction) and west of the River Lavant which proposes a
development of 200 homes.
2. Development should be well integrated with the village of Westhampnett and
neighbouring residential areas in Chichester city and should be planned to
provide good access to existing facilities. Development should provide or
contribute to improved local community facilities
5.40. Although layout would primarily be for consideration at the Reserved Matters
stage, the SDL Masterplan illustrates that both the phase 1 and phase 2
development parcels could be designed with vehicular, cycle and pedestrian
links that assist with the integration of the development to both Westhampnett
Village and Chichester city and access to existing facilities. With regards to
community facilities, the SDL masterplan for the phase 1 development parcel
makes provision for delivery of a new community hall with parking in the southeastern corner of the site. The S106 Agreement linked to the outline application
for the phase 1 development will provide Westhampnett Parish Council and the
Council with the option to decide the most appropriate location for the new
community hall, either for delivery on this site or at the alternative location on the
Maudlin Nurseries site in Westhampnett. No community facilities are required to
be delivered on the phase 2 development parcel.
3. Provision should be made for green links to the South Downs National Park and
Chichester city. Opportunities should be explored for provision of integrated
green infrastructure in conjunction with the other strategic sites to the east of the
city, including Tangmere
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5.41. The green infrastructure linking to the South Downs National Park and
Chichester city is discussed above at paragraph 5.31. The Tangmere cycle
route, which runs to the south of the phase 1 development parcel, will link to the
green infrastructure route through the proposed cycle links within the phase 1
housing development.
4. Development should be designed with special regard to the landscape
sensitivity of the site (especially to views towards and from within the South
Downs National Park) and to reduce the impact of noise associated with the
Goodwood Motor Circuit/Aerodrome. Major new structural planting will be
required to soften the impact of development on views from the north and
around the Motor Circuit.
5.42. Landscape sensitivities, including the impact on the adjacent rural edge and
views from the north are discussed at paragraphs 5.12 and 5.36 above. In
terms of noise, the two development parcels are located predominantly outside
of the 400 metre buffer of Goodwood Airfield and Motor Circuit. The Local Plan
states that it may be possible for limited development to occur within 400m of
the circuit, subject to it being demonstrated that there would be no adverse
noise impact on building design or development layout resulting from noise
mitigation measures. This detail will be considered as part of the Reserved
Matters application.
5. Development should be designed with special regard to the Graylingwell
Conservation Area, the buildings of the former pauper lunatic asylum and the
Grade II registered park and garden in which they sit, and to other listed
buildings in the vicinity of the site and their setting. Important views of
Chichester Cathedral spire from the area should be protected.
5.43. This is discussed above at paragraphs 5.9-5.10, 5.15 and 5.36.
6. Adoption of a comprehensive approach to flood risk management on the site,
including consideration of surface water drainage as part of the masterplanning
process
5.44. The SDL masterplan provides an illustration of the proposed water attenuation
features for the phase 1 development parcel site. Although not shown on the
SDL masterplan, the landscape buffer/open space on the northern and eastern
boundaries of the phase 2 development parcel would provide the same
opportunities, when considering the slope profile of the site.
7. Road access to the site will be determined as part of the masterplanning
process, depending on the location(s) for the proposed development.
Development will be required to provide or fund mitigation for potential off-site
traffic impacts through a package of measures in conformity with the Chichester
City Transport Strategy (Policy 13).
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5.45. The SDL masterplan shows two vehicular accesses serving the phase 1
development parcel, one off Stane Street and one off Madgwick Lane. In terms
of the phase 2 development parcel the SDL masterplan shows that the vehicular
access will be from the Graylingwell development, which is currently under
construction. The development will contribute, through payment of CIL, towards
a package of measures in conformity with the Chichester City Transport
Strategy, listed within policy 13 of the Local Plan.
8. Provision should be made for regular bus services linking the site with
Chichester city centre and new and improved cycle and pedestrian routes
linking the site with Chichester city, the South Downs National Park and other
strategic developments to the east of Chichester city including Tangmere. This
could include exploring the potential for a bus only route linking the
development with the Graylingwell area
5.46. In terms of bus services, the S106 Agreement in relation to the phase 1
development parcel will require a contribution towards new bus stops and
passenger infrastructure on Stane Street in the vicinity of the proposed
development. The outline planning application for the Graylingwell development
has established a bus route to through the Graylingwell site which links to the
city. The phase 2 housing development could potentially link into this service.
The improved cycle and pedestrian links to Chichester city and the South Downs
National Park are delivered through the green infrastructure, the details of which
are outlined above.
9. Development in the Airfield Flight Safety Zone should be strictly controlled and
limited to that which can be justified as causing no hazard to the operational
needs of the Airfield.
5.47. The two development parcels shown on the SDL masterplan are located outside
of the Airfield Flight Safety Zone.
Development will be dependent on the provision of infrastructure for adequate
wastewater conveyance and treatment to meet strict environmental standards.
5.48. As outlined above at paragraph 5.25, this criterion can be met. A condition on
the application could be recommended to ensure this.
6. Conclusion
6.1.
The applicants SDL Masterplan and Phasing Plan describe and illustrate the
overall vision and concept for the Westhampnett/NE Chichester strategic
development location and demonstrate how the criteria outlined in policies 7 and
17 of the Local Plan can be addressed. On this basis the committee is
recommended to endorse the broad approach to development of the SDL.
7. Background Papers
7.1.
7.2.
Chichester Local Plan: Key Policies 2014-2029
Planning Concept Statement for Westhampnett/NE Chichester
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Page 68
Agenda Item 7
Parish:
Westhampnett
Ward:
Lavant
WH/15/03884/OUT
Proposal Outline application for the provision of playing fields with associating
changing facility, access, parking and linear greenspace. Access from
Madgwick Lane.
Site
Land North Of Madgwick Lane Westhampnett West Sussex
Map Ref
(E) 487255 (N) 106469
Applicant Commercial Estates Group & DC Heaver And Eurequity Limited
RECOMMENDATION TO DEFER FOR SECTION 106 THEN PERMIT
NOT TO
SCALE
Contentious application on which Officers consider decision should be by Committee
Parish Objection
Page 69
2.1
The application site lies to the north east of Chichester city, east of Graylingwell
and south of Goodwood Aerodrome/Motor Circuit. The site is in the rural area, and is
presently agricultural (arable, wheat or rape). The site is bounded by the River Lavant to the
west, agricultural land to the north, east and south east, and Madgwick Lane to the south.
The site is within flood zones 2 and 3 and forms part of the functional floodplain of the River
Lavant. There are mature trees and unmanaged vegetation along the River corridor, which
fall outside but adjacent to the application site. The South Downs National Park boundary is
1.3km to the north at its closest point.
2.2
The site forms the central western part of the Westhampnett/North East Chichester
strategic housing allocation detailed in policy 17 of the Chichester Local Plan. This is a
substantial land allocation that is subject to various environmental constraints which limit the
extent of land that can be developed for housing. The two areas for the housing elements of
this allocation are therefore to be located separately within the strategic development land
(SDL). Phase 1 is located to the far south east of the SDL between Stane Street and
Madgwick Lane, and phase 2 will be located in the north west portion between Graylingwell
to the west and the River Lavant to the east. The application for phase 1 comprising up to
300 dwellings and a community facility in the south eastern portion of the strategic site
accompanies this application on the committee agenda (15/03524/OUTEIA). This application
site is located between these housing sites and will provide the recreational facilities and
green infrastructure that will support and link the two.
2.3
The adjacent land to the west of the application site and west of the River forms
part of the wider Graylingwell development(14/01018/OUT) and is proposed in the
masterplan for green space, SuDs and wider landscaping. Land to the north west of the
application site, the opposite side of the phase 2 strategic allocation for Westhampnett/North
East Chichester has been subject to a recent permission application for phase 4 of
Graylingwell (15/02506/REM) comprising 160 dwellings.
2.4
The site is presently accessed along Old Place Lane via Madgwick Lane, which is
used as access to Old Place Farm and shared in part with the dwellings in Old Place House.
The Grade II listed buildings in the vicinity comprise Old Place Farmhouse, a C17
farmhouse, now 3 cottages to the north of the proposed access from Old Place Lane; 33 and
34 Madgwick Lane, a 'Dukery' type two storey mid C19 coursed stone building fronting
Madgwick Lane to the south of the proposed access; and Westhampnett Mill House, a red
brick property dating from 1772 positioned just to the south of The Sadlers access, to the
south of the site.
3.0 The Proposal
3.1
This is an outline planning application for the provision of playing fields to
accommodate adult sports pitches, with the associated changing facility, parking,
landscaping and access. Access is the only detailed matter for consideration at this stage.
The application is submitted for determination alongside the phase 1 scheme
15/03524/OUTEIA, and the SDL Masterplan and Phasing Plan.
3.2
The site is 4.08ha, which includes the proposed playing pitch area (roughly a
rectangle of approximately 2.8ha), land for the changing facilities to the north west and an
access corridor running adjacent to the eastern bank of the River Lavant to Madgwick Lane
to the south east.
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3.3
The playing field area is deemed by the applicant to be capable of accommodating
two football pitches of 100m x 64m each, including run off areas and this is indicated in the
illustrative site plans and masterplans. There will also be sufficient space between the
football pitches to accommodate an adult cricket pitch, shown illustratively on the SDL wide
masterplans. It is intended that the first pitch will be the northernmost football pitch, which will
be delivered alongside the development of the phase 1 scheme. Land for the second,
southernmost football pitch and associated recreation space around and to the south of the
second football pitch will be safeguarded for future delivery alongside the phase 2
development.
3.4
Vehicular, pedestrian and cycle access is proposed to use the existing access
from Madgwick Lane through Old Place Lane. Access onto the adopted highway at
Madgwick Lane is a detailed matter for consideration, with the remaining details shown
illustratively. As shown by the red line application site boundary, approximately 18m back
from Madgwick Lane, the proposed access would then branch off from Old Place Lane to the
south into the field where a new route would be provided around the edge of the field
adjacent to the River Lavant. The detail of this route, including the number and location of
passing places are shown indicatively.
3.5
This area covers 0.756ha and would include the access route from Madgwick
Lane in addition to the green corridor adjacent to the River Lavant. It is proposed that the
phase 2 development will continue this route along the river through the adjacent site to the
north west. It is intended that this route will be a shared route for vehicles, pedestrians and
cyclists and surfaced and fenced appropriately for its use and rural location. The vehicular
use is to be temporary and will cease with the implementation of the phase 2 scheme. All
supplementary planting and biodiversity enhancements along this route to meet Local Plan
green infrastructure requirements will be detailed at reserved matters stage.
3.6
The proposed parking area for the northern pitch is identified to the west of the
pitch, towards the northern part of the site. This 0.04ha area has been designed to
accommodate 8 cars, 2 motorcycles and 6 bicycles. The scheme safeguards land to the
north east of the site, adjacent to the proposed changing facility. It is intended to provide a
larger permanent car park adjacent to the changing facility as part of the phase 2
development, which would serve both pitches. The phase 1 car park area could then be
removed and the land restored.
3.7
The proposed changing facility is identified on the plan to the north west corner of
the application site, on the opposite (western) side of the River Lavant. The facility will serve
both pitches and it is understood this will be developed as a permanent facility as part of the
phase 2 scheme in accordance with Sport England requirements. This building will comprise
changing facilities, showers and toilets and a covered porch. A temporary changing facility
would need to be provided in this location as part of the phase 1 scheme, if the permanent
building is to follow under phase 2. An indicative floor plan has been provided to demonstrate
one option for the permanent building. Details of the building, its final position and servicing
including foul drainage systems will be assessed at reserved matters stage.
3.8
The application is accompanied by a suite of supporting documents including a
parameter plan, site access plan, transport note, flood risk assessment, landscape and
ecology studies and a technical note on ground conditions and contamination.
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4.0 History
15/03524/OUTEIA
PDE
14/01159/OUTEIA
PCO
15/00079/NONDET
INPROG
5.0 Constraints
Listed Building
Conservation Area
Rural Area
AONB
Strategic Gap
Tree Preservation Order
South Downs National Park
ADJ
NO
YES
NO
NO
NO
NO
EA Flood Zone
- Flood Zone 2
- Flood Zone 3
Historic Parks and Gardens
YES
YES
NO
Page 72
6.1
Westhampnett Parish Council
Reference was made to these proposals in the objections submitted by the Parish
Clerk relating to application WH/15/03524/OUTEIA for the residential development of 300
dwellings on land north of Stane Street. I also made reference to this application in my letter
to the Planning Inspectorate on 15 December regarding the current appeal on the Stane
Street site.
The fundamental objection to this application as pointed out in that letter is that the
provision of these facilities away from the development site does not meet the policy
requirements for the strategic allocation, even though the open space etc. falls within the
overall boundaries.
The area the subject of the application lying alongside the River Lavant provides a 'green
gap' between the city and Westhampnett which should not be eroded by an intensive
development of recreation facilities including buildings, parking, lighting and an access road.
In paragraph 12.50 of the Local Plan it states that the flood plain of the river offers the
opportunity to plan for green infrastructure (a linear green space) but not to development
of buildings and hard surface parking areas. The policy itself (policy 17) indicates that
development of the strategic site should be directed away from the
flood plain of the River Lavant.
The proposed development will introduce urban elements which affect the setting of
the listed buildings off Old Place Lane in addition to the impact on the landscape referred to
above. There is therefore a fundamental issue with regard to the absence of a
comprehensive approach to the master planning of the strategic site which is a
requirement of policy 7 of the Local Plan relating to all the SDLs.
The proposal to develop an isolated recreational facility as part of the SDL master planning is
clearly inappropriate and in conflict with the policies referred to above. The facilities are not
being provided within nor even adjacent to the 300 houses off Stane Street and
notwithstanding the policies, other sites on the edge of Westhampnett could provide a better
location to serve all the residents of the village, rather than being about half a kilometre
away.
The location of the facilities is not even well related to the possible second phase of housing
on the eastern edge of the city due to the access arrangements being put forward.
There is insufficient detail submitted with the application to enable a proper
assessment of the impact on the landscape, nor indeed the neighbouring properties
including the listed buildings. The Westhampnett Parish Council therefore objects most
strongly to this application which fails to address the requirements of the relevant
policies and does not represent a co-ordinated, master planned approach to the
development of the SDL.
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6.2
Chichester City Council
No objection but Chichester City Council regret the lack of a Master Plan and information on
the Phase II development.
6.3
Environment Agency
No objection in principle.
As the development is within Flood Zone 3, finished floor levels should be set no lower than
300mm above the 1 in 100 year plus climate change event, opposed to the 150mm slay
freeboard as referenced in section 3.67 of the FRA. Consideration should be given to flood
proofing measures including barriers on ground floor doors, windows and access points and
higher level electrical services.
Prior written consent from the EA is required for any proposed works of structures in, under,
over or within (8 metres) of the top of the bank/foreshore of the main river.
If any part of the building the treatment plan serves is within 30m of a public sewer, the EA
will not allow a new discharge from a sewerage treatment plant. If there is a good reason
why you can't connect to the sewer, then you must apply for a permit to use a sewerage
treatment plant instead. A sewerage treatment plant must be used to treat the sewerage if
you're discharging to surface water such as a river or stream. Discharges from septic tanks
to surface water are not allowed.
6.4
Sport England
The occupiers of new development, especially residential, will generate demand for sporting
provision. The existing provision within an area may not be able to accommodate this
increased demand without exacerbating existing and/or predicted future deficiencies.
Therefore, Sport England considers that new developments should contribute towards
meeting the demand that they generate through the provision of on-site facilities and/or
providing additional capacity off-site.
In this instance the applicant is proposing two football pitches, albeit the pitch layout is
indicative it is unclear how the applicant has considered this to be the right mix. It's not clear
if consideration has been given to other sports or other pitches i.e. Youth football pitches.
The Council Leisure team may be in better position to advise what has been identified as
needed in this locality having consideration of existing sports clubs and their growth plans.
Sport England has consulted with the Football Association (FA) for their response. The FA
advise that there is an identified need for a further 1.5 3G pitches in Chichester.
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The FA and Sport England are concerned about the following:
The proposed phasing of the scheme as changing provision is only provided in phase
2. Single pitch sites are less attractive to users particularly without any changing
accommodation therefore Sport England recommends that both pitches with changing
accommodation and adequate parking be delivered within Phase 1.
The location of the changing rooms is not acceptable as it is not adjacent to the
pitches. Whilst the layout plan is indicative, it is essential to ensure the site has
potential to accommodate a good layout for sports therefore Sport England
recommends that the layout be amended to ensure parking and changing provision is
provided on the same site as the pitches and that the pitches can be viewed from the
changing accommodation. If cricket is played in the locality, the applicant should
consider the provision of a pavilion which is capable of being used for cricket and
football.
The level of parking is insufficient. The provision of 16 car parking spaces is
inadequate to serve a site of two sports pitches which has potential to be used by x4
football teams (each with 14/15 players) at any one time who may also require
spacing for coaches/mini-buses.
The location of the site adjacent to the River Lavant which is within Flood zone 3-2
which is of concern as the pitches could be unplayable for the majority of the season.
Without a club or an operator it is difficult to understand the operating model and
whether it is viable.
In principle the FA supports the provision of additional pitches providing they are viable and
provide a community led solution to meeting the needs of local grassroots clubs however
without further details the FA cannot support this scheme.
Sport England wishes to object to this application. Sport England will happily re-consider its
position on receipt of the following information:
Information demonstrating that the mix/type of pitches has been identified as needed.
 Amended plan depicts the proposed layout of sports provision (changing and
adequate parking on the same site as pitches).
 Confirmation that both pitches and changing accommodation will provided as
part of Phase 1.
 A flood risk assessment to consider the risk and potential impact of flooding on
this site.
6.5
Sussex Police
The Design and Access Statement gives mention to some crime prevention measures. I
have concerns about the quantity of parking and the access track. The two proposed pitches
and changing facility are located approximately 850m along a riverside track. Vehicle access
and parking at the changing facility location will only be available once a Phase 2 application
has been submitted and approved. The minimum amount of parking at the sports pitches will
have the potential to cause congestion along the length of the track due to overspill vehicles
trying to park on the track and attempting to return back along the track to Old Place Lane.
The lack of parking increases my concern that illegal and inconsiderate parking may occur
on Old Place Lane which would have a detrimental impact on the amenity of nearby
residents.
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In the interests of the safety and security of vehicles, lighting at the car parks should conform
to the recommendations within BS 5489:2013. Given the track follows the contours of the
adjoining river, lighting from a safety and security aspect would be beneficial should be
pitches be used during dark winter months. However this would not be practical or cost
effective. A solution could be to place something like florescence tipped marker posts along
the track's riverside edge to identify the route at night or during low light levels.
6.6
Comments to be read in conjunction with 15/03524/OUTEIA.
The application is apparently unrelated to an overall comprehensive masterplan and is in a
very peculiar location. There appears to be a complete lack of supporting information about
the multi-functional elements of the proposal and how they will provide key GI outputs. In
terms of wider Green Infrastructure considerations, it is questionable whether the proposal
(effectively a road and sports pitch facilities) is delivering the "linear green space" that was
envisaged within the consultation document.
The access track along the sensitive River Lavant Corridor together with associated sports
facilities typically create a peri-urban character. This would be contrary to the immediate
surroundings of the River Lavant where there are opportunities to create genuine semi
natural habitat with associated benefits for wildlife, health and well being and water. The
proposed combined vehicular, pedestrian and cycle route within a tightly defined strip would
be detrimental to users of the River corridor which this overall proposal seeks to make
publicly accessible. It is considered that this proposal would be significantly detrimental to
the rural character of the River Lavant which connects to the SDNP and is a major landscape
feature of both the Chichester settlement context and the SDNP.
Lighting is a key concern, for its impact on the setting of the South Downs National Park and
dark skies principles.
The SDNPA is encouraged to see that the revised "Site Wide Masterplan" (drawing nos
5753/SK58 and 5753/SK59) indicates a new pedestrian/cycle route to be created alongside
the River Lavant as far as the northern end of the Strategic Development Location (albeit
that it would link with footpaths and so would be of limited benefit as a cycleway). However, it
is a pity that such a link is indicated as being provided as part of a second phase.
Unfortunately the footpaths towards the SDNPA that the proposed pedestrian/cycleway
would connect with also lead only to a dangerous section of Fordwater Road.
Notwithstanding these concerns, if permission is to be granted, the SDNPA considers it
essential that the proposed facilities are provided at an appropriate stage during the
construction of the housing development.
6.7
WSCC Local Development Division
More information required. The LHA has reviewed the application in conjunction with the
information submitted under 15/03524/OUTEIA. It is a requirement as part of any permission
that seeks permanent access, for the Old Place Lane access to be closed to vehicular traffic.
Old Place Lane is not part of the adopted highway network so only advice can be issued.
Given the temporary nature of the arrangements, the low speed and lightly trafficked nature
of Old Place Lane as well as low traffic generation arising from the development, the
arrangements are considered appropriate.
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Minor changes are proposed to the existing Old Place Lane/Madgwick Lane junction. The
85th percentile vehicle speeds should have been used to determine the Stopping Sight
Distances (SSD) requirements, as actual 85th percentile road speeds of 48.4mph
northbound and 44.2mph southbound exceed the speed limit of 30mph. In practice this can
be achieved.
It is not apparent whether the pedestrian access arrangements have been considered in light
of the details submitted with 15/03524/OUTEIA. This should be confirmed. The scheme
requires a Stage 1 Road Safety Audit (RSA).
In principle, extending the street lighting in association with the playing field proposals seems
unnecessary given that these would not be used after dark. The pedestrian refuge would still
need to have an illuminated bollard.
The principle of the access road, parking and turning areas is acceptable. Inter-visibility
between passing bays does not appear to have been checked. Further widening on bends
and potential re-siting of parking bays may be necessary. This would require amended plans.
Shared space Old Place Lane
This will be a low speed environment with in the region of 33 pedestrian movements and 109
vehicle movements over a day. The vehicular access is a temporary arrangement, so do not
expect significant concerns. Scope to run the footway along Madgwick Lane for a short
distance to remove any possible conflict. These matters should be considered as part of the
required Stage 1 RSA.
Additional comments
The LHA are satisfied with the principle of the vehicular access arrangements. Confirmation
was sought in respects of stopping sight distances (SSD). A revised plan has been
submitted demonstrating stopping sight distances of 160metres from the proposed access.
These distances exceed the SSD requirements based on the 85th percentile speed of traffic
recorded along Madgwick Lane. The LHA are satisfied that adequate visibility can be
achieved from the access.
Reference is made in the technical note to the provision of street lighting along Madgwick
Lane. Such matters are more for the detailed design. However, there is very limited merit to
this as part of the current playing field application given that very little use of these will occur
after dark.
Insufficient consideration has been provided to master planning the pedestrian access routes
between the residential development and playing fields. Whilst vehicular access to the
playing fields is to be temporary, pedestrian access is understood to be permanent. These
matters therefore need to be appropriately addressed as they may otherwise result in
highway safety issues.
Further comments
In response to additional information dated 12 January 16 including a Stage 1 RSA.
Page 77
The outstanding issues with pedestrian connections can be dealt with as part of the
residential scheme. The pedestrian refuge and associated footways on Madgwick Lane will
be covered by a separate condition. On the basis of this information, no highway objections
would be raised. If minded to approve this application, then conditions are recommended to
cover access details, visibility, vehicle parking and turning, pedestrian refuge details and
passing bays.
6.8
WSCC Flood Risk Management
The site is at moderate risk of surface water flooding and high risk from groundwater
flooding. Advice is offered about SuDs principles and management.
6.9
CDC Historic Buildings Adviser
Objection. The application relies on the heritage assessment submitted under
15/03524/OUTEIA, the shortcomings of which have been previously discussed. There is a
reference in the Design and Access Statement, but this dismisses the potential for any
impact due to the 'nature' of the development. Otherwise, there is no assessment of the
impact of the proposals on heritage assets and their settings, including the local historic
landscape character. Given the emphasis on conservation of the historic environment in
delivering sustainable development, this application is inadequate under Paragraph 128 of
the NPPF.
The Sussex landscape is a classic example of a small scale intimate landscape of dispersed
farmsteads, small hamlets and villages, intermixed with small irregular fields, tracts of
woodland and open commons, with numerous trees and many historic features from all
periods. More specifically, The South Coast Plain is a flat open landscape of large arable
fields defined by low hedgerows. Surrounding Old Place Farm (to the east of Old Place
Lane) the landscape character has been identified as 'Late Post-Medieval 1600-1799'
fieldscapes of formal enclosure (i.e. planned and laid out with a strongly defined, regular
pattern). Notably, the surviving historic landscape character here, stretching between Old
Place Farm and Graylingwell Farmhouse (within the Conservation Area) has been
surrounded by late 20th century landscapes. The remaining historic character of the postmedieval fieldscapes informs the listed buildings and their settings and as such are a
fundamental consideration in significance. Given the potential change in character
associated with the location, land use and associated utilities (i.e. lighting etc), which is likely
to be discernible from the South Downs National Park, great weight should be given to the
preservation of this landscape and as a consequence further assessment and understanding
is required. Without this, the scheme cannot be supported.
6.10
CDC Environmental Health Officer (contamination and air quality)
No comments with respect to contaminated land. All waste arisings must be disposed of in
accordance with current Waste Regulations.
The cesspit should have adequate capacity for the proposed use and be installed in
accordance with Building Regulations and EA requirements.
Walking and cycling should be encouraged to the site - footpaths and cycle links should be
well signposted and connected to other routes in the area to encourage these modes of
transport. Secure, covered cycle parking should be provided at the site.
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6.11
CDC Archaeology Officer
The potential impact of this development on the archaeological interest that is thought to be
present would be best mitigated through a combination of further investigation (trial
trenching) and preservation in-situ. This can be conditioned.
6.12
CDC Drainage Engineer
The site is located within flood zone 3 (high risk) however the development is water
compatible so this is acceptable in terms of the sequential test.
The approach is to use permeable surfaces for the access and parking, this will mimic the
existing drainage. The approach is acceptable and could offer a betterment through the
storage provided in the sub base.
6.13
CDC Environmental Strategy Officer
The hedgerows, tree lines and ditches and rivers on site are used by bats for commuting and
foraging and will need to be retained and enhanced for bats. This will include a buffer strip of
15m around the hedgerows. Any gaps should be filled using native hedge species to improve
connectivity. The lighting scheme will need to take into account the presence of bats and
minimise potential impacts. No lighting should be used at night during construction or
operation, including floodlighting of the sports pitches.
Due to the condition of the site and its location, there is potential for reptiles within the site. A
reptile survey will be required including a mitigation strategy prior to determination. The
mitigation strategy will need to include details of reptile fencing, translocation methods,
enhancements and the timings of the works.
A survey is required prior to start on site to ensure badgers are not using the site. As a
precautionary approach, the measures proposed within the Green Infrastructure Phase
supporting Ecology document dated November 2015 in corresponding application
15/03524/OUTEIA should be implemented, including badger permeable fencing
Though water voles have not been found, there are high levels of water vole activity in the
area so a precautionary approach should be taken when undertaking any works. Any works
taking place within 5m of the ditch should be preceded by an updated watervole survey. A
10m buffer should be installed around the Lavant to ensure this area remains undisturbed.
Further comments
The current plans do not reflect the green infrastructure and strategic objectives as detailed
within the local plan. The green infrastructure needs to be more robust and the reports need
to demonstrate how the area will be enhanced for biodiversity and GI.
Following the further comments submitted by Baker Consultants, my original consultation
response is still valid. Within regards to bats and the bat network we require that a 15m
buffer is incorporated around the hedgerows onsite, and also further work for reptiles is
required.
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Baker Consultants are in agreement with ourselves with regards to Water Voles and
Badgers. Any works to the trees or vegetation clearance on the site should only be
undertaken outside of the bird breeding season which takes place between 1st March - 1st
October. If works are required within this time an ecologist will need to check the site before
any works take place (with 24 hours of any work).
6.14
Sport and Leisure Development Manager
The development consists of 2 phases. For the 500 dwellings proposed across both phases,
the emerging policy requires 1.76ha. This would also need suitable access, parking and
changing facilities to support the pitches. We have requested 2 adult size football pitches as
we recognize that although there may be a need for various sizes of pitches including mini
and junior we need to ensure that as the participants get older and require larger pitches,
there is scope to accommodate this. We also are unable to predict the exact demand from
the new residents of the proposed new dwellings and therefore we have allowed for all
options of requirement.
Phase 1 would be linked to the delivery of approx. 300 houses and would require a minimum
of one adult football pitch with associated vehicular access, changing and parking. The car
parking standard as identified by WSCC is 12 spaces per hectare of playing pitches. One
football pitch would therefore require 7-8 parking spaces and for the two pitches a total of 16
pitches would be required. Phase 2 will see the introduction of the additional pitch,
permanent changing and permanent access from the north.
The pavilion proposal will need meet the National Governing Body and Sport England
Guidelines. Lockers could be provided in a communal area of the pavilion and start times for
both pitches staggered to enable multiple usage of changing spaces. The requirements for
football team changing rooms is a minimum of 16sqm and official changing is a minimum of
5sqm each.
Due to the proposed pitches being in a flood zone there would need to be appropriate
drainage installed to ensure the pitches are playable. The Planning Practice Guidance
identifies amenity open space, nature conservation and biodiversity, outdoor sports and
recreation and essential facilities such as changing rooms as water-compatible development
for flood zone 3a and 3b. We would like to see appropriate drainage to the pitch. The
developer has previously provided details regarding flood risk and the suitability of the land
for sports pitches and we will request that this is submitted as a supporting document.
There would not be a need for any lighting for the pitches as they would only be used during
daylight hours. I would suggest some lighting or security lighting may be advisable for the
pavilion but again these should only be in use during daylight hours.
It is for the developer to identify who will manage the pitches but they need to make them
available for the community and ensure that prices are comparable with other local pitches.
6.15
Goodwood Estate
Poor community and affected party consultation
No masterplan as required by CDC policies 7 and 17
Remote location
Thinly veiled attempt to promote further development. Robust approach required
Proposals do not relate adequately to the proposals at Old Place Farm (phase 1), separated
by the busy Madgwick Lane and accessed via a tortuous route
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Phase 2 may not be approved, and will be separated by the River Lavant.
Linear green space is just an access track
Conflict between users along the track
Likely to be a threatening and hostile environment
Lighting may have a significant impact on the surrounding area. Important to assess all
impacts at this stage
No details about management, an integral element
6.16
11 Third Party Objections
Noise, light and visual pollution
Traffic and highway safety
The existing track should be used
Harm to the landscape setting of Chichester
Loss of agricultural land in a strategic gap, introduces vehicles and activity into agricultural
landscape
Degradation of semi-rural environment
Poor location to serve the community
Land unsuitable for housing development and subject to flooding
Opens up the site for future development
Crime concerns about the isolated facilities
Objections to the strategic allocation
Lack of consultation with Westhampnett residents and parish council
Increase in footfall past private properties compromise amenity and security
Development in the flood zone not appropriate, will limit opportunities to use the pitches
Facility not required, existing adequate sports facilities within Chichester and its surrounding
environs. Alternative location preferred, or finance invested in existing facilities
Concern about delivery of a high quality development
Impact on Grade II listed buildings
Refer to objections raised under 15/03524/OUTEIA, particularly point 10 of the pro-forma
letter: unnecessary development, light, noise and air pollution, surface water flooding,
unconvinced by green space provisions
6.17
Stage 1 Road Safety Audit and further highway response to consultee and officer concerns
Response to ecology concerns
Amended and further information about foul drainage options for the changing facility
Indicative changing facility layout
Additional indicative plans showing the southern part of the application site and its
relationship to the application site for the 300 dwellings
7.0 Planning Policy
7.1
The Development Plan for the area comprises the Chichester Local Plan: Key
Policies 2014-2029 and all made neighbourhood plans. There is no made neighbourhood
plan for Westhampnett Parish at this time.
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7.2
The principal planning policies relevant to the consideration of this application are
as follows:
Policy 7: Masterplanning Strategic Development
Policy 17: Westhampnett/North East Chichester Strategic Development Location
Policy 38: Local and Community Facilities
Policy 42: Flood Risk
Policy 47: Heritage and Design
Policy 52: Green Infrastructure
Policy 54: Open Space, Sport and Recreation
Appendix A: Green Infrastructure
7.3
Government planning policy comprises the National Planning Policy Framework
and
restricted.
7.4
Consideration should also be given to paragraphs 6-13 (sustainability principles),
17 (core planning principles), 35 and 39 (transport), 69, 70, 73, 75 (healthy communities),
99-104 (flood risk), section 11 (natural environment), 128, 129, 132, 141 (historic
environment), Decision Taking and Annex 1.
7.5
The following Supplementary Planning Documents are material to the
determination of this planning application
Westhampnett/North East Chichester Concept Statement
Planning Obligations and Affordable Housing SPD
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7.6
The aims and objectives of the Council's Sustainable Community Strategy are
material to the determination of this planning application. These are:
B1 Managing a changing environment
B2 Greener living
B3 Environmental Resources
C1 A reduction in health inequalities
C2 Encourage healthy and active lifestyles for all
D4 Understanding and meeting community needs
E1 Traffic management in the district will improve so as to reduce congestion
E2 There will be improved cycling networks and strong links to public transport to ensure that
cycling is a viable alternative to using the car
E3 There will be a decrease in the numbers of road traffic collisions in the district
E4 People will have easier access to services at a local level
8.1
The main issues arising from this proposal are:
i.
ii.
iii.
iv.
v.
vi.
vii.
Principle including role in delivery of strategic allocation
Flood risk, surface water management and sewerage
Access and connectivity
Sport requirements
Ecology and green infrastructure
Landscape and visual impact
Heritage impacts
Principle including role in delivery of strategic allocation
Green infrastructure
8.2
The delivery of community and sports facilities, open space and green
infrastructure are an integral part of the allocation for the Westhampnett/North East
Chichester Strategic Allocation Land (SDL) as confirmed by CLP policy 17. Taking the Green
Infrastructure element first, bullet point 3 of the site specific requirements for the SDL identify
development should provide open space and green infrastructure, including a linear
greenspace with public access along the Lavant Valley. Supporting text within Appendix A to
the Local Plan confirms that 'Green Infrastructure' (GI) refers to landscape and ecological
features and infrastructure both existing and aspired to support transport by non-motorised
forms' (A.1). The SDL Concept Statement identifies a particular opportunity for green
infrastructure along the Lavant Valley comprising a new linear greenspace with public
access, to link north to the South Downs National Park, ecological and biodiversity
enhancements.
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8.3
While the policy seeks a linear greenspace with public access, this application
seeks to achieve two different aims. Initially, the route shown in the application will primarily
a temporary vehicular access to the playing pitches required to serve phase 1 of the SDL,
shared by pedestrians and cyclists, with open and landscaped space only on the river side.
In the longer term however, as part of the phase 2 development, this route will revert to
solely pedestrian and cycle access, which would conform with the access intentions of the
policy. The SDL masterplan also demonstrates this route will continue northwards at that
stage towards the National Park. The need to use this route for vehicular access to the
playing pitches as a temporary measure is compromising the GI aims at this time, however it
appears there is no alternative until phase 2 is delivered for vehicular access via
Graylingwell, and it is not possible to use the Old Place Farm track. The limited detail in the
application and the constraints of the application site are disappointing given the importance
of this objective to the overall SDL and Local Plan green infrastructure objectives. However
as will be discussed later in the report, this GI route forms only part of the application and the
details including route surfacing and landscaping are indicative at this stage, to be subject to
reserved matters approval at a later date. Importantly, in the longer term, it is intended that
once phase 2 is delivered, this route will revert to solely pedestrian and cycle access, which
would conform with the intentions of Policy 17 to provide a public access along the Lavant
Valley.
Sports provisions
8.4
The scale of housing development proposed in the SDL also generates a
requirement for the delivery of sports facilities to serve the increased population. This
requirement is set out in general terms in Local Plan Policy 54, with the methodology for
calculating what is required for each development included within the Planning Obligations
and Affordable Housing SPD and through consultation with Sport England. The type of
facility recommended for each site is advised by the Council's Open Space Strategy and
emerging Playing Pitch Strategy. Based on the delivery of 500 dwellings and using the
indicative housing mix for phase 1 and Sport England data as a guide, there would be a
requirement for 1.72ha of playing pitches. This should comprise a minimum of 2 senior
football pitches and associated changing facilities. A cricket pitch between the two football
pitches would provide additional opportunities for local residents to be active throughout the
year and would be requested at phase 2 stage if the particular need was demonstrated.
8.5
The provision of sport facilities and recreational space is supported by the NPPF,
particularly paragraphs 70 and 73. Paragraph 73 identifies the importance of access to high
quality open spaces and opportunities for sport and recreation to the health and wellbeing of
communities, while the additional community and social benefits of such facilities and the
need to plan positively to deliver these are highlighted in paragraph 70. Section 37 of the
PPG provides further justification for the planning of open space as an integral part of
development and confirms this can comprise a range of facilities including formal playing
pitches and linear parks.
8.6
Various options for the delivery of these sports pitches were considered, including
seeking commuted contributions to upgrade existing sports pitches in the city and
Westhampnett Parish or to invest in new facilities in an alternative location in the parish.
However, due to lack of capacity at existing nearby locations to expand, the existing
commitments to provide alternative facilities elsewhere (i.e. a 3G pitch on the West of
Chichester SDL) and the absence of realistic alternative locations to serve the new dwellings
planned at Westhampnett, it is necessary to deliver these pitches within the SDL site. The
application site is the only viable location within the SDL for these facilities.
Page 84
8.7
The delivery of the sports pitches, changing facility and green infrastructure and
their subsequent management will be secured through the S106 legal agreement that
accompanies the primary application 15/03524/OUTEIA.
8.8
This particular application seeks approval for the principle of the location, nature
and scale of sports facilities, location of the changing facilities and parking, and the location
and scale of the green infrastructure route along the river. Vehicular access from Madgwick
Lane is the only detailed matter at this stage.
Flood risk, surface water management and sewerage
8.9
The site forms part of the functional floodplain of the River Lavant. The FRA
submitted with the application also identifies the site is at low to medium risk of surface water
flooding For this part of the SDL, the supporting text to policy 17 of the Local Plan identifies:
- The River Lavant floodplain offers the opportunity to plan for green infrastructure that
will serve both the new development and the wider area, including Westhampnett and
Chichester city as a whole. This area could be planned as a new linear green space
with public access, linking northwards to the South Downs National Park, with
potential to provide links to the city and towards Tangmere;
- The need to adopt a comprehensive approach to flood risk management on the site. It
is essential that surface water drainage for the site is considered at an early stage of
masterplanning
8.10
The PPG (section 7) identifies that appropriate uses for flood zone 3 areas are the
water-compatible and less vulnerable uses of land. The list of water-compatible development
includes amenity open space, nature conservation and biodiversity, outdoor sports and
recreation and essential facilities such as changing rooms. The location of the pitches in the
flood zone, and the delivery of these pitches without floodlighting will limit their use during the
winter months. There are however alternative facilities within the city that would provide
recreation and sport opportunities when conditions are not suitable on this site. The
Environment Agency and the CDC Sport and Leisure Development Manager raise no
objections to the location of sports pitches on this site. Officers consider the Sport England
and FA concerns about flood risk location can be addressed through the delivery of an
appropriate drainage strategy and pitch management arrangements, to be secured by
condition.
8.11
It is anticipated that surface water will infiltrate into the ground where possible, with
the remainder being discharged into the River Lavant, as is the existing situation. Discharges
to the river will need to be managed and restricted to no greater than the greenfield runoff
rate to avoid increased flood risk. The FRA recommends positive field drainage systems are
incorporated into the proposed development to reduce flood risk, including filter drains,
permeable surfacing and using the existing geology to provide natural attenuation. The
provision of improved drainage under the pitches will increase their period of use. Permeable
surfacing will also provide natural pollution prevention. As agreed by CDC's Drainage
Engineer, this approach is acceptable and could offer betterment through the storage
provided in the sub base. The full detailed drainage design is capable of being sought and
approved by condition, as recommended by the consultees.
Page 85
8.12
The changing facility also lies within the flood zone and will be required to meet
strict flood resilience requirements as set out by the EA and CDC and WSCC Drainage
Engineers. These are in excess of the recommendations in the applicant's FRA, which
proposed a 150mm slab freeboard. These requirements, including finished floor levels
300mm above the 1 in 100 year plus storm event, flood barriers across doors and higher
level electrical points are considered to be reasonable and achievable. They will apply to
both the temporary and permanent facilities and will be secured through the subsequent
reserved matters application and by condition.
8.13
The applicant's FRA suggests a stand alone sewerage treatment facility will not be
suitable for the small changing facility due to the seasonal nature of the use of the
development and use limitations to protect a good playing surface. The FRA proposes a
cesspit, which would discharge to a field drain and/or treatment area (i.e. a reed bed) before
being discharged to the River Lavant. The EA has confirmed this would not be acceptable,
and a small sewerage treatment plant would be required if it is to discharge to the river. The
applicant subsequently identified that the FRA was incorrect on this matter and there would
be alternative sewerage options for the changing facility that would not discharge to the river.
Full details for sewerage management for both the temporary and the permanent changing
facility are capable of being sought and approved by condition. An Environmental Permit
may also be required.
8.14
The details are considered satisfactory to demonstrate that the principle of locating
playing pitches and associated infrastructure on this site will be satisfactory in flood risk,
surface water management and sewerage terms and will comply with national and local
planning policies including Local Plan policies 9, 40 and 42 and consultee advice. There are
options available and full details are capable of being sought and approved by condition.
Access and connectivity
8.15
The existing point of access from Old Place Lane (private) to Madgwick Lane
(adopted) will be used to serve this development and this is the only aspect of the proposal
subject to detailed consideration at this stage. The remaining details, including the exact
route, location and number of passing places, footways and parking areas are all illustrative
at this time.
8.16
The pitches have been located within walking and cycling distance of the dwellings
that they will primarily serve. Save for the need to cross Madgwick Lane where a safe
crossing point is required, the route will be away from the public roads. Vehicular access will
however be provided to encourage access for all. On this basis, the levels of activity
predicted in the Transport Note, which will likely avoid peak times due to the nature of the
proposal, are considered reasonable and vehicular movements associated with this use will
not have a significant effect on highway capacity.
Page 86
8.17
The existing vehicular access onto Madgwick Lane provides good visibility, with
160m achievable each way in response to recorded road speeds. The point of access is
considered suitable for the type and low numbers of vehicles likely to use this facility.
Footways will be required on Madgwick Lane, and the illustrative plans also include a
pedestrian refuge located 40m south of the centre of the Old Place Farm/Madgwick Lane
access. Whilst it would be expected that 'access' would include access by all modes of
travel, the applicant has confirmed the only access matter for detailed consideration at this
stage is the vehicular use of the Madgwick Lane access to serve the proposed development.
Associated footways will need to be delivered in conjunction with the footways both within
and adjacent to the site, alongside those required to serve the dwellings on the land opposite
(15/03524/OUTEIA and associated reserved matters permissions on both sites). The
footways would need to be located safely and practically and secured through legal
agreement once the final details are agreed by the LPA and LHA through future planning and
technical consents. Based on the information available at this stage, the illustrative plans
show a possible engineering solution and the principle is acceptable to the LPA and LHA.
8.18
The indicative details show one option for the proposed multi use track, a 3.7m
wide route including passing places. This is sufficient to allow a car to pass a pedestrian or
cyclist safely, while remaining within the surfaced area. The surfacing of the track will be
subject to further detailed review through the reserved matters application, but would be
expected to be a durable but rural appropriate porous surface, suitable for its intended dual
use. Tracking details submitted with the application illustrate a fire truck, minibus and cesspit
emptying vehicle would be able to use the track as shown on the indicative plans. It is
intended Old Place Lane will become a shared surface. The vehicular use of this access is
intended as a temporary arrangement, with permanent access to be delivered from the north
as part of the phase 2 development. This arrangement would be controlled through a S106
agreement. The pedestrian and cycle access is to be permanent. On this basis, and given
the outline nature of this application, the details provided are sufficient to demonstrate it
would be possible to access the site from Madgwick Lane by vehicle, foot or cycle as is
intended by the LP policies 7, 17 and 39 without detrimental impacts on highway safety or
capacity.
Sport requirements
8.19
The site plan shows up to 2.8ha of land to be allocated to delivering the sports
pitches required to serve the SDL, in excess of the 1.72ha required by the Planning
Obligations and Affordable Housing SPD for 500 dwellings. This figure has been calculated
using the applicant's indicative housing mix for the first phase as no further details are
available at this stage. This site provides sufficient space for 2no adult football pitches and a
cricket pitch between, including run-off areas. The remaining land in the 4.05ha application
site is required to provide the access and parking areas and the changing facilities, with
additional space for informal recreation south of the proposed pitches.
Page 87
8.20
The northernmost football pitch, temporary or permanent changing facilities and
parking for the first pitch (8 cars, 6 cycles, 2 motorcycles) will be delivered in the first phase,
alongside the construction of the 300 dwellings. Phase 2 will comprise the delivery of the
second football pitch, the cricket pitch, permanent changing facilities (if not provided in phase
1) and the larger permanent parking area (16 vehicles including 1 disabled bay, 3 motorcycle
spaces and 8 bicycle spaces). Sport England concerns are noted, however, the parking
provisions are in accordance with WSCC standards for the proposed playing pitch use and
size. Any concerns about overspill parking can be alleviated through the management of the
site, detailed layout and planting proposals; if necessary the phase 1 parking area could be
retained as overspill. Any lighting required at detailed stage will be low level and provided for
safety reasons only.
8.21
The pavilion will need to meet the National Governing Body and Sport England
Guidelines, as set out in the consultation responses above. It is expected that the reserved
matters application will demonstrate how these requirements can be met. The site boundary
is relatively tight around the indicative footprint and car parking for the permanent building,
which is a concern when the final pavilion size is not presently known and there may be a
requirement for structural planting. The pavilion is also located on the opposite side of the
river, identified as a concern for Sport England. However in reality, there will be visual and
physical connections between the pitches and pavilion. It is also not suitable in flooding or
landscape terms to site the building in the more open land to the east, if it can be
accommodated closer to planned and constructed development on the city edge.
8.22
Local concern about the location and need for the pitches are noted. The pitches
are required to serve the needs of the additional population generated by the development of
the Westhampnett strategic housing site and to enable the SDL to comply with Local Plan
policies 17 and 54 and the Planning Obligations and Affordable Housing SPD. With the
advice of the Council's Sport and Leisure Development Manager and other technical
consultees, officers are satisfied that Sport England's objections on practical matters can be
resolved through further details agreed by reserved matters, condition and through phase 2.
Ecology and Green Infrastructure
8.23
As set out in Appendix A to the Local Plan, development at Westhampnett and
North East Chichester should enhance the Lavant Valley which is a biodiversity
opportunity area. Existing wildlife corridors along Madgwick Lane leading to the City and
National Park should be retained and enhanced. Policy 17 and the SDL concept statement
also recognise the opportunities of this site.
8.24
The biodiversity value of the site and the adjacent river corridor is recognised in
the submitted ecology report, with records identifying a range of rare and conservation
priority birds using the area. The field margins offer good reptile habitat, which the vegetation
along the river and field boundaries provide foraging and commuting habitat for bats and
badgers, and water voles have historically been found in the Lavant corridor. While no
physical works are proposed directly within the river corridor it will be important to ensure
these habitats are suitably protected during development works. This can be secured by
condition. It is expected that the cessation of the arable use of the site and its use instead as
amenity grassland may increase its use in the winter months by bird species including
starlings.
Page 88
8.25 Local Plan policies 17, 49 and 52 require the delivery of biodiversity and environmental
enhancements along the Lavant corridor and adjacent land. Policy 17 identifies opportunities
for a new linear greenspace with public access, for which the proposed multi-use track
illustrated in this application provides part of. Contrary to officer advice and the masterplan
intentions, there are no details about the supporting landscaping elements within this
application, indicative or otherwise, and the red line marking the application site boundary
does not allow much space beyond the extent of the track. Given the outline status of this
application, it is not possible to insist on the presentation of this information predetermination. In any event, the landscaping reserved matters application will be expected to
include detailed plans to demonstrate the retention and protection of existing green
infrastructure during development and the delivery of biodiversity and environmental
enhancements suitable to characteristics of the site in accordance with the wider
masterplans and Local Plan policy. This may need to include the land between the track and
the river which is the applicant's ownership. The implementation, management and
monitoring of the green infrastructure will be secured by condition and section 106
agreement. The recreational opportunities provided by the proposal will be compatible with
the purposes of the National Park and links through the site to the National Park are
supported by the SDNPA in principle.
Landscape and visual impacts
8.26
The proposed playing pitch site currently appears relatively isolated from the built
edge of Chichester and is indirectly linked to the Stane Street/Madgwick Lane development.
The second phase of housing in the SDL and the permitted expansion of Graylingwell will
however help to connect this site to the built environment and city edge. Agricultural land will
be retained between the playing pitches and the Motor Circuit and Airfield at Goodwood. In
addition to other consented schemes, the development of the green infrastructure route on
the SDL masterplan will assist with access to the site but also its integration into the SDL and
the wider landscape.
8.27
The nature of the development is such that only structures such as fencing and
sports equipment will be visible, with the changing facility sited within the phase 2 housing
site west of the river being the only building. The change in character and appearance of the
site will only be visible from high level vantage points and from routes close to the site. It will
be read against the Graylingwell development and city edge. Save for the sports equipment,
the other structures will be designed and installed to minimise landscape impact and these
details will be secured through reserved matters application. This is not designed to be an
all-weather all season sports facility so activity will predominantly take place during daytimes
during the Spring to Autumn season, most likely at weekends rather than at existing more
quiet periods. No lighting has been requested and no flood or high level external lighting will
be permitted. If low level lighting is required for safety reasons, this will need to be installed
to minimise disturbance to the natural environment. Structural planting to mitigate views will
form part of a reserved matters application.
8.28
The openness of longer views will be retained and the development will not
materially compromise the green gap between Chichester city and its surrounding
settlements. On balance on this issue, the development is considered acceptable under
Local Plan policies 47 and 48 and will not compromise the setting of the city or South Downs
National Park.
Page 89
Heritage
8.29
There is limited information in this application that assesses heritage significance
and development impacts. Based on the Council's records, the site is recognised for its crop
marks, believed to represent an Iron Age or Roman settlement and field system. Trial
trenching would be expected to precede development, the specification of which and
recording of finds can be conditioned.
8.30
The listed buildings close to the entrance and track, and their settings, and the
historic landscape and character of the site and surroundings will be affected by the
development, through physical development and associated activity. Tracks around fields
are typical of an agricultural landscape; the surfacing and associated landscaping will be
secured through a reserved matters application to be appropriate for the use and historic
agricultural context. The footways required for safe pedestrian access and any associated
junction works will be the most intrusive landscape features from Madgwick Lane but will be
seen in the context of the adjacent development for the 300 dwellings and associated
highway infrastructure.
8.31
Within the site, more activity will be generated than would be usual for a purely
agricultural area, which will be more apparent in the short term due to the vehicular use of
the track. The permanent green infrastructure route with pedestrian and cycle access and
associated activity levels will be more sympathetic to the character of the site and its
surroundings. The playing pitches themselves will be further away and not lit. They will be
visible in the wider setting of these buildings but the distance and limited physical
development above ground level will limit the impacts.
8.32
On balance, while the absence of detailed information and analysis is
disappointing, the nature and level of change and impacts on the historic environment will
not result in significant material harm. Furthermore, the public benefits of the provision of the
recreation and sports facilities will outweigh the less than significant harm caused to the
setting of the listed buildings, landscape character and the disturbance of buried remains. On
this basis the development is considered to comply with Local Plan policy 47 and section 12
of the NPPF.
Other matters
8.33
A full site management scheme will be required by planning obligation which will
ensure the pitches are available for public use, appropriately maintained and to minimise the
impacts of activity and any associated disturbance on adjacent residents.
8.34
Significant conditions will include full surface water drainage details including site
management to reduce risk of flooding and maximise the opportunities to use the site whilst
being sympathetic to the rural location. Foul sewerage details for the temporary and
permanent changing facility would be required, alongside details of delivery of the access
route with associated footways. Details such as the design and appearance of the changing
facility, surfacing of the access and parking areas and landscaping will be covered by the
reserved matters application. Lighting will be restricted by condition.
Page 90
Section 106 Agreement
8.35
The obligations below will be secured through the section 106 agreement with
15/03524/OUTEIA and will form part of a wider package of measures to deliver the strategic
development:
1.
Phasing plan
2.
Sports provision - provision of one senior football pitch and one cricket pitch,
temporary changing facilities in accordance with Sport England guidelines, 8 parking spaces
and temporary vehicular access from Madgwick Lane (to be stopped up when the second
football pitch is provided together with vehicular access from the north) - delivered and
available for public use before occupation of the 200th dwelling, and appropriately managed
and maintained thereafter.
3.
Green infrastructure - provision of a publically accessible green infrastructure
route, between Madgwick Lane and the playing pitch, comprising a footpath and cycle path
adjacent to the River Lavant, with a minimum width of 3.7m and with a surface suitable for its
use in a rural location be retained in perpetuity. Details of maintenance and management
plan to be agreed. Delivery prior to occupation of 200th dwelling.
4.
Site specific highway improvement comprising the provision of a pedestrian refuge
and length of connecting footway along the north side of Madgwick Lane in accordance with
the details indicatively shown on drawing number ST16267-06.
Conclusion
8.36
Based on the above assessment, it is considered the proposal complies with
development plan and national policies insofar as it can as an outline application for access
only, where the principles of development are set out in a strategic masterplan. The final
details of the pitch position, changing facility building, drainage and sewerage, green
infrastructure, landscaping and pedestrian/cycle access will be assessed through
subsequent applications, with the management and maintenance of the site covered by
obligation. The application is therefore recommended for approval subject to the conditions
and obligations summarised above.
Human Rights
8.37
In reaching this conclusion the Human Rights of all relevant parties have been
taken into account when reaching this recommendation and it is concluded that the
recommendation to permit is justified and proportionate.
RECOMMENDATION
DEFER FOR SECTION 106 THEN PERMIT
1
2
3
4
5
6
7
8
9
10
11
12
U99758 - Outline timetable REM requirements
U99759 - REM timetable
U99762 - Plans
U99763 - Surface water details
U99766 - Surface water management
U99784
- Clean drainage only
U99767 - Foul details
U99786
- Construction Management
U99785 - Construction hours
U99775 - Archaeology
U99768 - Vehicular access
U99776 - Vegetation protection
Page 91
13
14
15
16
17
18
19
20
U99789 - Ecological protection
U99790 - Site levels and sections
U99769 - Visibility
U99770 - Pedestrian cycle access Madgwick Lane junction
U99779 - Access provided for all
U99771 - Passing bays
U99773
- Pavilion provision
U99788 - Lighting restrictions
INFORMATIVES
21
22
23
24
25
W01F
- Disclaimer - Other Consents
W02F
- S.106 Agreement
U99792 - WSCC Consent
U99793
- EA consent
W45F
- Application Approved Following Revisions
For further information on this application please contact Naomi Langford on 01243 534734
Page 92
Agenda Item 8
Parish:
West Wittering
Ward:
West Wittering
WW/15/03586/FUL
Proposal Replacement dwelling.
Site
Thessaly Roman Landing West Wittering Chichester West Sussex PO20 8AL
Map Ref
(E) 477717 (N) 98649
Applicant Mr David Baroukh
RECOMMENDATION TO PERMIT
NOT TO
SCALE
Page 93
2.1 The application site is located within an area known as Roman Landing, a private
housing estate to the north west of the village centre. The site is located within the settlement
boundary of West Wittering and is located within the Chichester Harbour Area of Outstanding
Natural Beauty.
2.2 The site comprises an existing detached 1.5 storey property, which has a number of ad
hoc extensions. The walls are a combination of painted render and Bradstone type stone
walling, set under a clay tiled roof, with flat roof elements. The dwelling is situated on a
corner plot, with the main entrance to the north and vehicular access to the site to the east.
The site is well screened by existing boundary hedging, trees and shrubs. Roman Landing is
residential in character, with detached dwellings comprising a mix of architectural styles
across the estate.
3.0 The Proposal
3.1 The application seeks permission to erect a replacement dwelling following a similar
footprint to the existing property. The dwelling would be re-orientated so that it is east facing,
with vehicular access to the north and the private amenity space remaining to the south. The
proposal would comprise of 1.5 and 2 storey elements, with painted brick work to the walls,
timber windows and cedar shingles to the roof. The dwelling would measure approximately
7.2m (h) x 12.5m (w) x 19m (d).
3.2 Internally the dwelling would comprise a large entrance hall, leading off an open plan
kitchen/dining and sitting room, with utility room and integral garage. There would also be a
second sitting room, shower room, study and WC. At first floor there would be provision for a
large master suite to the south and a further three bedrooms and two bathrooms.
3.3 To the north of the property there would be provision for four parking spaces and bin
storage. It is proposed to retain the existing hedge boundary treatment, which would be
supplemented by additional planting. To the south of the garden it is proposed to provide a
further access point for a boat storage area.
4.0 History
07/05625/DOM
REF
Demolition of existing garage,
ground floor extensions and new
roof including dormers.
Page 94
09/03709/DOM
WDN
Demolition of bay in south west
corner. Construction of two small
extensions at ground floor level.
One in north east corner of house,
one in south east corner of house.
Replacement of existing roofs in
NE corner with traditionally
detailed asymmetrical pitched
roofs. Creation of new first floor
accommodation within space
created by new pitched roofs.
Various internal alterations. New
porch.
10/03190/DOM
WDN
corner. Construction of 2 small
Replacement of existing flat roofs
in North East corner with pitched
roofs. Creation of new first floor
Various internal alterations. New
porch.
11/01145/DOM
PER
extensions at ground floor level,
one in north east corner and one
in south east corner of house.
in the north east corner with
pitched roofs. Creation of new first
floor accommodation within space
Various internal alterations, new
porch.
11/02617/DOM
REF
in NE corner with pitched roofs.
Creation of new first floor
created by new pitched roofs,
Various internal works. New
porch.
Page 95
14/00650/DOM
PER
One in NE corner house one in
SE corner house. Replacement of
existing flat roofs in the NE corner
with pitched roofs. Creation of
new first floor accommodation
within space created by new
pitched roofs. Various internal
alterations. New porch.
08/00083/REF
DISMIS
Demolition of existing garage,
ground floor extensions and new
roof including dormers.
11/00104/REF
DISMIS
in NE corner with pitched roofs.
Creation of new first floor
created by new pitched roofs,
Various internal works. New
porch.
5.0 Constraints
Listed Building
Conservation Area
Rural Area
AONB
Strategic Gap
NO
NO
NO
YES
NO
NO
NO
EA Flood Zone
- Flood Zone 2
- Flood Zone 3
NO
NO
NO
Page 96
Parish Council
6.1 The Parish Council objects to this application. Previous objections to the proposals for
this site are again relevant as the applicant has submitted details of a development which
has a considerable increase in floor space and as such is considered to be overdevelopment
of the plot with the mass created being visually harmful to the area and in particular
neighbouring properties. The Parish Council wishes to draw your attention to previous
Inspector's comments regarding height and mass. This application does not address any of
these comments.
Chichester Harbour Conservancy
6.2 The Local Planning Authority is advised that the Conservancy has no objection to this
application, but asks that the following matters be negotiated if possible:- Schedule/samples of materials to be agreed prior to construction.
WSCC Highways
6.3 No objection.
Third Party Objection
6.4 One Third Party Objection has been received concerning the following (in summary);
a)
b)
c)
d)
Concern regarding degree of separation between properties.
Overbearing impacts of proposal moving further south.
Overlooking impacts
Harmful to the character and appearance of the area
Third Party Support
6.5 One Third Party Support has been received concerning the following;
a)
Visual improvement
Page 97
6.6 In summary;
a)
b)
c)
d)
e)
Pre-application advice was undertaken and amendments made in respect of
officer recommendations and third party concerns, prior to the committee
recommendation.
The design amendments have reduced the bulk, massing and scale of the roof
form, as raised in previous decisions.
The eaves line and ridge height has been kept low and the garage element as
previous schemes has been removed to improve the relationship with the
neighbouring property to the west.
The planning inspector on the latest appeal stated that the proposed "enlarged roof
would not be so dominant or overbearing in the outlook as to materially harm the living
conditions for the occupiers [of Portus]" and "is not a reason to dismiss the appeal."
The visible gap the previous two appeal inspectors made reference to has been
improved from previous schemes, by setting the proposal 3.3m further east and 1.3m
further south, retaining a visible gap and sense of separation.
7.0 Planning Policy
West Wittering at this time.
follows:
Policy 43: Chichester Harbour Area of Outstanding Natural Beauty (AONB)
and
restricted.
Page 98
7.5 Consideration should also be given to paragraph 17 (Core Planning Principles) and
sections 7 and 11 generally.
7.6 The following Supplementary Planning Guidance and Interim Statements are material to
the determination of this planning application:
West Wittering Village Design Statement 2006
7.8 The aims and objectives of the Council's Sustainable Community Strategy are material to
the determination of this planning application. These are:
i)
ii)
iii)
iv)
Principle of development
Design and impact on character of the area
Impact on amenity of neighbouring property
Highway considerations
Assessment
i)
8.2 The application site is located within the defined settlement boundary of West Wittering,
as set out in the Chichester Local Plan (CLP). Within the defined settlement boundary, the
principle of new dwellings is considered acceptable, subject to compliance with other
material considerations as set out below.
ii)
Design and impact on character of the area
8.3 The application follows extensive planning history for alterations and extensions, with
notable past decisions, 07/05625/DOM and 11/02617/DOM both refused and dismissed at
appeal and application 14/00650/DOM which sought to address the past concerns and was
permitted. This application seeks to address the previous concerns raised.
8.4 The application site lies within a private residential estate, which has an informal semirural character, with established plots being verdant and well landscaped. The estate was
described by the Inspector in appeal decisions as 'set within a sylvan landscape of mature
trees, shrubs and hedges grouped around the arms of the Roman Landing access road' and
also described as having a 'distinctive open and low density settlement pattern'. The estate is
located within the Chichester Harbour AONB where policy 43 of the CLP requires new
development to 'reinforce and respond to the distinctive character and special qualities of the
AONB and its setting' to ensure that the AONB is conserved and enhanced.
Page 99
8.5 The proposal has been designed to reflect the character of the Roman Landing
vernacular. It would combine low eaves, with varying roof forms and traditional materials of
cedar shingles to the roof, painted brickwork and timber windows, all reflective of existing
properties in the estate and of the materials guidance contained within the West Wittering
Village Design Statement.
8.6 As part of the two appeals the Inspectors considered the predominant characteristic of
the estate was large dwellings, with spacious relationships between the properties. However
one Inspector notes that “Thessaly and Portus occupy smaller plots than are typical of the
other in a closer relationship than is characteristic” (paragraph 5 APP/L3815/D/11/2164139).
Both Inspectors referred to the importance of the existing gap between the two properties,
when turning the corner on the road and to create some sense of visual separation. The
previous proposals were refused and dismissed on appeal due to concerns the already
uncharacteristic relationship of the properties closeness, would further erode any sense of
spaciousness the estate is characterised for. The West Wittering Village Design Statement
also makes reference to development on Roman Landing retaining spaces between
buildings.
8.7 The current proposal has been designed to reflect the comments of the Inspectors and
the relevant design guidance. The first floor has been set back a further 1.3m to the north,
and the roof is hipped. The hipped roof combined with the west roofslope sloping away from
the boundary, increases the degree of separation between the two properties. As such when
turning the corner to the property the visible gap is retained and there remains a sense of
separation between the two properties at first floor level. It is considered the proposal
therefore maintains the degree of openness between the properties and contributes to the
overriding character of the residential estate.
8.8 The proposed dwelling would follow a similar footprint to the existing property, but set
closer to the eastern boundary. This would be a similar relationship to the roadside as the
neighbouring property Columbo, and it would retain private amenity space to the south with
an area of car parking to the north, which would provide a sense of openness when turning
the corner of the road. The proposal would appear more prominent than the existing
property; however the combination of the varying roof forms and the use of the natural
materials would help to minimise the visual impact of the proposal. Furthermore the retention
of the existing boundary treatment, with supplementary planting would soften the
appearance of the proposal when viewed in the street scene. It is considered that as a result
of the design, appearance and use of sensitive materials the proposal would not cause harm
to the visual amenity of the street scene and would be in keeping with the character of the
area.
8.9 Chichester Harbour Conservancy has made no objection to the proposal, subject to
seeking a condition to obtain prior approval for materials, to ensure their quality and colour. It
is considered that due to its prominent location on the corner, its sensitive location in the
AONB and the information contained within the West Wittering Village Design Statement,
that a condition would be proportionate to ensure the quality of the materials.
Page 100
8.10 It is therefore considered the proposal by reason of its design, height and materials
would result in a development that would conserve and enhance the AONB and be in
keeping with the surrounding area. The proposal therefore accords with national and local
planning policies that require a high standard of design that responds to its context and seek
to ensure valued landscapes are protected.
iii)
Impact on the amenity of neighbouring properties
8.11 The proposed replacement dwelling would project further south than the previous
designs to extend the existing dwelling, and it is acknowledged that the dwelling would have
a more prominent roof form than the existing. However, as a result of the combination of the
hipped roof to the south and west and its east aspect to the neighbouring property Portus, it
is considered that that the proposal would not have a significant overbearing impact and
would not result in loss of light that would warrant a refusal of permission. Furthermore the
main windows of Portus look onto its own rear garden and the outlook from these windows
and the garden would be largely unaffected.
8.12 In terms of overlooking, the west facing roofslope would have a dormer, providing light
into a bathroom and as such it would be appropriate to condition this to be obscure glazed.
There would be three rooflights inserted into the west roofslope, providing light to two
bathrooms and a wardrobe space for the master bedroom. Given the use of the rooms and
the proximity of the most southern windows to the boundary, it would be appropriate to
condition these to be obscure glazed to prevent any overlooking impacts.
8.13 As part of the more recent appeal (11/02617/DOM), the Inspector stated that the
proposed ‘enlarged roof would not be so dominant or overbearing in the outlook as to
materially harm the living conditions for the occupiers’ and ‘is not a reason to dismiss the
appeal’. For the reasons set out above it is considered that there would be no justification to
come to a different conclusion in respect of the current proposal.
8.14 Due to the separation distances of the neighbouring properties to the north, east and
west, in excess of 18m it is also considered there would not be any detrimental impacts in
terms of overlooking and overbearing on these neighbouring properties.
8.15 Overall it is considered that the design of the proposal with the hipped roofs and low
eaves, combined with the windows that could be obscure glazed, would result in a proposal
that would not cause significant harm in terms of overlooking and overbearing impacts on
neighbouring amenity.
iv)
Highway considerations
8.16 The existing vehicular access would be relocated to the north of the site, with a width of
5m to allow for appropriate visibility splays. A further access to the south to allow access to a
boat store is proposed. There would be provision for four parking spaces and a further
garage space on site and due to the size of the property this is considered an acceptable
level of parking provision. It is considered that the proposed access points would provide
safe and adequate access to the site in accordance with policy 39 of the Local Plan, and
subject to the provision of cycle parking the proposal would also encourage the use of
sustainable modes of transport. The proposal would therefore be acceptable in respect of
highway safety.
Page 101
8. 17 It is considered that in addition to conditions to secure high quality materials, obscure
glazed windows where appropriate and cycle storage due to the location and size of the plot
a construction method statement to include details of contractor parking and materials
storage during the build process be required. A condition requiring the retention of the
hedging and protection of the hedge during the build process and a condition requiring a
landscaping scheme is also recommended in the interests of visual amenity of the street
scene. Also, due to the prominence of the property in its corner plot and its relationship with
the neighbouring property it is considered that a condition to remove permitted development
rights for extensions and external alterations would be reasonable.
Conclusion
8.18 Based on the above assessment it is considered the proposal complies with
development plan policies and therefore the application is recommended for approval.
Human Rights
RECOMMENDATION
PERMIT
1
2
3
4
5
6
7
8
9
10
A01F Time Limit - Full
B01G No Departure from Plans
U99534 - materials
U99537 - no extensions
U99539 - retaining hedge
U99541 - additional planting dates
U99542 - parking
U99545 - cycle and bin
N33F Construction Hours
J17G Construction Method Statement
INFORMATIVES
11
W01F Disclaimer - Other Consents
12
W36H Wildlife
13
W44F Application Approved Without Amendment
For further information on this application please contact Caitlin Boddy on 01243 534734
Page 102
Agenda Item 9
Parish:
Westbourne
Ward:
Westbourne
WE/15/02815/FUL
Proposal Change of use and minor alteration of existing stables and storage buildings
to rescue kennels and cattery together with associated storage and ancillary
uses in association with the residential occupation of Plovers, West Ashling.
Site
Land South Of Home Paddock Stables Hambrook Hill North Hambrook West
Sussex
Map Ref
(E) 478912 (N) 107222
Applicant Mr Andrew Morley
NOT TO
SCALE
Red Card: Cllr Mark Dunn - Exceptional level of public interest
Page 103
2.1 This application site is located in the Parish of Westbourne and within the Countryside.
The site is to the very south-east of the parish, close to Hambrook village which is
approximately 500m to the south. The site is accessed from Cheesemans Lane which leads
on from Broad Road, the main road running through Chidham and Hambrook towards
Funtingdon.
2.2 The application site lies at the junction of Cheesemans Lane (east) and West Ashling
Road (north). The A27 lies to the south of the site. The site is screened from the A27 and
Cheesemans Lane by established dense woodland and vegetation. To the north of the
application site there is a line of dwellings which front West Aishling Road. The application
site is has been used in connection with the dwelling Plovers (100m to the north) for the
stabling of 6 horses for over 10 years.
2.3 The application site is an L-shaped portion of land. It contains a large timber and
blockwork barn, comprising six stables with a gravel parking area to the north and west for
upto 8 vehicles. The current buildings on site total a floorspace of 344.6sqm. Also on the site
is a shipping container which is used as a kitchenette with WC facility and a number of small
timber buildings.
2.4 The application site forms part of a larger wedge of land between Cheesemans Lane
and Hambrook Hill North used for the keeping of horses. These paddocks are divided by
post and rail fencings with two further groups of stabling in separate ownership to the northwest and south-west. The immediate area has a rural character and appearance with
clusters of residential development, paddock and agricultural land and heavily wooded
areas.
3.0 The Proposal
3.1 This application proposes the change in use of the land from paddock land to the
keeping of dogs and cats in association with a rescue charity. The proposal would result in
the re-fit of the existing stables to 12 kennels. A further stable building to the south would be
subdivided to form four cat pens. Some of the remaining buildings on site would be retained
for use as ancillary storage for feed and equipment, with others demolished and removed
from site. The proposal results in the demolition of 44sqm of floor space with a net decrease
of available floor space for the proposed use to 256sqm.
3.2 The site would not act as a commercial kennel but would be operated by Chichester and
District Dog Rescue Society. The charity currently operates out of volunteer's homes and a
kennels in Havant, which will soon close for redevelopment into housing. The kennels and
cattery would be open for visitors to view the animals for re-homing by appointment only.
3.3 The site would manage a maximum of 12 dogs. These dogs are required to be walked
and the supporting information states that this will be achieved by volunteers who will walk
the dogs on leads in the area or on the land to the south of the buildings. The land in the
ownership of the applicant to the west of the site has been removed from the application site
boundary and will therefore continue to be used as paddock land.
Page 104
4.0 History
01/01802/FUL
PER
Renewal - proposed 4 no. stables
and tack/feed room.
93/00769/OUT
PER
Outline- 2 blocks of 2 stables for
horses to use for livery
purposes.
96/01126/FUL
PER
Proposed 4 no. stables and
tack/feed room.
5.0 Constraints
Listed Building
Conservation Area
Rural Area
AONB
Strategic Gap
NO
NO
YES
NO
NO
NO
NO
EA Flood Zone
NO
Historic Parks and Gardens NO
6.1 Parish Council
Westbourne Parish Council objects to the planning application.
Having undertaken a site visit, the Parish Council does not consider the site to be
appropriate for this type of change of use. The Council's concerns are as follows:
1.
Noise from the dogs on the site.
Although there has been an assessment of the noise, the type of noise will be very different
to that of the low frequency hum in the background from the A27. In fact, the people in these
properties no doubt received considerable compensation when the road was built, which
would not be the case here. The residents have a right for peaceful enjoyment in their
homes, and the dog rescue kennels is likely to have a serious impact on that enjoyment. The
kennels will be working 24 hours a day and dogs may even be arriving through the night. On
a warm summer evening or night with windows open, a dog or dogs barking will have a
serious detrimental effect on the neighbours and community. One dog will often set the
others barking and the high frequency noise is much more piercing than the low hum of the
A27 which the residents are accustomed to and accept. Many will have bought properties in
this location for its peaceful environment and the introduction of the kennels would disrupt
this
Page 105
2. The site is in the countryside surrounded by equestrian facilities.
Horses often react in a negative way to dogs especially if they are barking or excited. Horses
can become spooked by dogs and could potentially be traumatised as a result.
3. There are two other dog rescue kennels in close proximity to Chichester. The Mount
Noddy Centre in Eartham, Chichester and the Clymping Dog Sanctuary based at Carleton
Canine Care in Ford Road, Ford, Arundel. These two centres should be sufficient to serve
Chichester and the surrounding area.
4. The site is at present an equestrian facility with stables and this is a much more
appropriate use for this site in the countryside. Dog rescue kennels would be more suited to
an industrial location.
6.2 West Sussex Highways Authority
The proposal to change the use of the existing stables and storage buildings, to create 12
Kennels and a cattery with storage and ancillary uses has been considered by WSCC as the
Local Highway Authority. WSCC raise no objection subject to any conditions attached.
The rescue kennels will be open 24hours a day, 365 days a year. The nature of the work
undertaken by the charity would mean that public access to the kennels to view dogs would
be undertaken at specific times. This would only equate to 3 viewings per week.
As the kennels will be run as a charity, any staff will be volunteers, with the main volunteer
responsible for the day to day running of the kennels living opposite the site in residential
accommodation.
8 car parking spaces will be provided on site which will provide parking for visitors and
volunteers.
The access into the site will not be changed and visibility in both directions is good.
WSCC do not consider the proposals to raise any highway safety or capacity issues and no
objection is raised.
6.3 CDC Environmental Health Officer
i.
Air quality and contaminated land
Depending on whether there has been fuel or oil storage at the site (for heating purposes)
there may be potential for land contamination. Given the proposed use, an informative is
recommended so the applicant is aware of the potential for land contamination in the area.
All waste arisings must be disposed of in accordance with Waste Regulations and there
should be no burning of kennel/cattery waste.
It is noted that foul sewage goes to a cesspit - this facility must be kept regularly emptied to
ensure it functions adequately.
Page 106
ii.
Noise
ORIGINAL COMMENTS
I largely accept the calculations made in the report although there seems to be an element of
misinterpretation in the formula used for Total Number of dogs x 0.6 as the report gives
number assessed as 6 at stage 2 of noise prediction Appendix C, whereas I calculate it as
12 x 0.6 = 7.2 (for calculation purposes any decimal place shall represent 1 dog - so this is
rounded up to 8 dogs). At stage 3 this gives an overall activity noise level, 74.6dB LAeq,1hr.
The nearest dwelling is 1 Hambrook Hill Cottages at 80m and there is an element of hard
landscape, road and drive, between the source and receiver, so I would conservatively make
a slight adjustment from Table D2 as 20dB instead of 21.2dB. I am sure the acoustician will
say that that these adjustments are minor in the final analysis, as the estimated reduction for
the building elements enclosing the kennels is around 30dB. This is in accordance with a
comprehensive range of noise control measures recommended at part 5 of the submitted
noise report. Of particular note here is reference to mechanical ventilation at part 5.4, also all
roof lights and similar will be sealed double glazed units, doors will be solid core timber and
provide a good seal when closed. This information is not exactly reflected within the
'Planning, Design and Access Statement', as at 6.13 of that document the design is for
double glazing of existing openings on the west elevation, installation of doors on existing
west and south elevations, and six high level windows along the west elevation (probably
should read east elevation). At 6.14 there is reference to the construction of solid blockwork
partitions, the addition of insulation to the walls and roof, sealing of windows but then
reference to 'Ventilation will be via (?) to the south facing away from the dwellings.' This does
not make much sense as if it is reliance on opening a door to the south elevation for
ventilation then this will create a breach in the overall sound insulation performance. There is
also no reference to the internal lobby with double set of doors on the west elevation.
In light of the lack of continuity between the documents it is somewhat concerning that there
will be some disconnect as to what is expected to be achieved in terms of sound insulation of
the kennels at all times of the day and night in order to provide the best mitigation of noise.
This needs to be confirmed as the final outcome and management must be in strict
accordance with the noise report.
There are other matters of concern with the management of the kennels. I am concerned,
however, that during very warm and sunny weather that there could be an unacceptable
build up of heat within the kennels which may cause problems. It should be possible to keep
sufficient air movement and even consider introducing some temporary chilled airconditioning if the building proves too hot at times.
One of boasts of the applicant is that the charity provides a 24-hour call out service for dog
welfare needs. I do not feel that it is appropriate to have access to these kennels on a nighttime basis for the reason of unsettling dogs present and the unavoidable noise created when
transferring a dog from a vehicle into kennels. I understand that visiting times from the public
will be appointment only and curtailed to around three sessions per week. I would not expect
the feeding and exercise routine to be commenced before 8am for reasons of the extra noise
created by the dogs excitement. Likewise I would anticipate any routine activity associated
with their general welfare to be concluded by 20.00 hours so they can settle down for the
night.
Page 107
The findings of the report (even after minor adjustments for numbers and distance)
demonstrate that the predicted hourly LAeq noise equivalent level noise from dogs housed
within the kennels with all doors and windows shut will be at least 7.5 dB under night-time
ambient noise levels 30 - 40 dB LA90,T from road traffic along the A27, local roads and any
other typical noise, and by a greater margin during day time 45 - 55 dB LA90,T. Of course
this does not mean that the maximum sound levels of dog barks will be inaudible because
these will be only partially masked by the background noise. Indeed having visited the area I
am still able to hear dogs barking from Amberley Kennels at distances over 400m away
although I would only describe them as slightly noticeable. The numbers of dogs kept there
are number up to 120 and the kennels have open runs. A quick calculation based on 80 dogs
at 400m soft ground with screening will yield 39dB LAeq,T downwind. This noise level is
significantly higher than the noise predicted at the nearest dwelling 23.5dB LAeq,T from the
proposed kennels. The main reason being that these kennels have no external runs but are
substantially enclosed.
As far as hygiene and waste disposal is concerned there is no reason why this should be any
problem. Although the internal surfaces of the kennel will need a daily wash and disinfection
it is understood that wastes will be directed into a sealed cesspool which already exists. On
no account must the cesspool be allowed to overflow. All faecal waste should be disposed of
via the cesspool without introducing any composting on site. Any other wastes should be
securely stored prior to collection by a licensed waste carrier. On no account should any
commercial waste be disposed of by burning.
AMENDED COMMENTS FOLLOWING FURTHER INFORMATION
The calculations made in the report follows the formula used for Total Number of dogs x 0.6
in the report gives 7.2 dogs at stage 2 of noise prediction Appendix C (although for
calculation purposes any decimal place shall represent 1 dog - so this should have been
rounded up to 8 dogs). At stage 3 this gives an overall activity noise level, 74.2dB LAeq,1hr.
The nearest dwelling is 1 Hambrook Hill Cottages at 85m which has been calculated for soft
landscape, making an adjustment from Table D2 of 21.2dB.
The estimated reduction for the building elements enclosing the kennels is around 30dB.
This is in accordance with a comprehensive range of noise control measures recommended
at part 5 of the submitted noise report. Of particular note here is reference to mechanical
ventilation at part 5.3, also reference to sealed windows and solid core timber doors at part
5.4.
In addition, a plan reference 15 - 107/04 Revision A dated 22.12.15 shows altered windows
and internal entrance lobbies with a double set of doors on the southern and western
elevations.
In light of the above amendments I am more reassured about the technical details of what is
expected to be achieved in terms of sound insulation of the kennels in order to provide the
best mitigation of noise. I am still concerned that the applicant needs to be fully aware of the
implications of the sound insulation as the final outcome and management must be in strict
accordance with the noise report. I have already drawn attention to the acoustic report which
states that a mechanical form of ventilation should be utilised to overcome any necessity to
leave doors open.
Page 108
The findings of the report (even after minor adjustments) demonstrate that the predicted
hourly LAeq, 1hr noise equivalent level incident at the nearest noise sensitive property from
the kennels with all doors and windows shut will be at least 8 dB under night-time ambient
noise levels 30 - 40 dB LA90,T from road traffic along the A27, local roads and any other
typical noise, and by a greater margin during day time 45 - 55 dB LA90,T. Of course this
does not mean that the maximum sound levels of dog barks will be inaudible because these
will be only partially masked by the background noise. Indeed having visited the area I am
still able to hear dogs barking from Amberley Kennels at distances over 400m away although
I would only describe them as slightly noticeable. The numbers of dogs kept there are
number up to 120 and the kennels have open runs. The predicted noise level arising from
the proposed kennels will be lower than Amberley kennels despite being much closer, the
main reason being is that these kennels have no external runs but are totally enclosed.
In conclusion, we have no objection in principle to the above proposal, on the basis that
up to 12 dogs can be suitably housed within kennels that have been subject to
comprehensive insulation measures as outlined in the noise report submitted with this
application, adequate ventilation can be achieved at all times to avoid excessive
temperatures, humidity and minimise noxious odours without the need to leave doors and
windows open, the dogs are kept indoors within their sleeping quarters between 20.00 hours
and 08.00 hour the following day, and at all other times within their internal runs except when
taken out on a lead for exercise, night-time visits to the site are prohibited except in the case
of an incident detected, public access is by appointment only, and the dogs exercise is
always conducted on leads in areas away from housing.
I would refer to my previous comments (21.10.15) about environmental and management
conditions. I am unable to comment further on the specific operational management of the
kennels due to lack of information but confirm the technical details of the noise report (as
amended) demonstrate that noise will be mitigated in accordance with the recommendations
of the South Holland DC Planning Guidance document.
FURTHER COMMENT FOLLOWING SUBMISSION OF SITE MANAGEMENT
In response to the above consultation to the Environmental Management Team (General) I
have now looked at the additional supporting information submitted by Genesis Town
Planning on 6th January 2016 on behalf of the applicant. I note the attention given to
concerns raised about the specific operational management of the kennels within the context
of the sound insulation requirements.
I am reassured that the applicant is fully committed to all the sound insulation specifications
and will ensure these are implemented in full. It is confirmed that the windows are sealed
(non-opening) and that doors will never need to be propped open as there will be adequate
provision of air circulation and air conditioning system to control temperature and air flow.
The hours of use of the building (excluding emergency) are agreed as 08.00 to 20.00 hours,
with no access outside these times. This will ensure there is minimal disruption and the dogs
are more likely to remain settled. There will be installation of CCTV and a noise monitoring
system to relay any alarm off-site to staff at Plovers, which overlooks the site within 100m. All
public visits will be by prior appointment only.
The operation of the centre will be in accordance with the submitted Management Plans and
in conjunction with the occupation of Plovers. It is understood that dogs will be exercised on
leads and well away from any neighbours and any dogs that do not socialise well will be
taken out individually so as to minimise the likelihood of excessive barking.
Page 109
There will be adequate provision for solid and liquid waste storage which will be regularly
removed from site through licensed contractors.
I reaffirm that the technical details of the noise report (as amended) demonstrate that noise
will be mitigated in accordance with the recommendations of the South Holland DC Planning
Guidance document. In light of the additional information provided I believe that the
application has now satisfactorily addressed the environmental and public nuisance
concerns raised.
Three conditions are recommended
1.
Restricted noise levels
2.
Installation of equipment specified
3.
Accordance with management plan.
6.4 CDC Environmental Strategy Officer
Bats - As a precautionary approach works to the roof and cladding of the building should be
undertaken by hand with careful stripping of the internal and external roof space in the
presence of a suitably qualified ecologist. If a bat is found all works must stop and Natural
England consulted. This work should only take place between October and March. The
lighting scheme for the site will need to take into consideration the presence of bats in the
local area and the scheme should minimise potential impacts to any bats using the trees,
hedgerows and buildings by avoiding unnecessary artificial light spill through the use of
directional light sources and shielding.
Nesting Birds - Any works to the trees or vegetation clearance on the site should only be
undertaken outside of the bird breeding season which takes place between 1st March and
1st October. If works are required within this time an ecologist will need to check the site
before any works take place (with 24 hours of any work).
6.5 37.Third Party Objection















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

Noise
Disturbance
Disruption
Ruined quiet and peaceful location
Unsuitable location
Traffic
Smell and odour
Impact on horses in paddock adjacent
Contaminated land from dog feaces
Lack of activity associated with the site and this would increase activity
Impact on local wildlife
Disruption of night time access to site
The findings of the noise survey cannot reasonable be implemented- ie shut doors
at all times.
Concern over where dogs will be exercised
A well used public footpath runs next to the site
Amberley Kennels is close by
The kennels will be highly visible from West Ashling Road
There are no details about the securing of site boundaries to prevent dogs
escaping
Page 110
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Loss of semi-rural character
Visitors turning into the site so close to the main road junction could be a hazard
An established residential area is not suitable for a kennels
Cumulative impact of noise for residents with Amberley Kennels
Concern in the lack of on-site presence to stop barking
6.6 35.Third Party Support



The charities work is a valuable community asset
The site would be carefully managed
Visitors to the site would be by appointment only
6.7 Applicant/Agent's Supporting Information
The applicant has submitted:
A design, access and planning statement
Noise Assessment
Further noise information
Operational Management Plan
7.0 Planning Policy
Westbourne at this time.
follows:
Policy 45: Development in the Countryside
Policy 46: Alterations, Change of Use and/or Re-use of Existing Buildings in the Countryside
Page 111
and
restricted.
7.4 Consideration should also be given to paragraph 17 (Core Planning Principles), 28
(Economic Growth in Rural Areas), 56 (Good Design), 120(Pollution), 121 (Contaminated
Land), 124 (Air Quality), 125 (Light Pollution).
C3 - A culturally enriched and empowered community
D4 - Understanding and meeting community needs

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The principle of change in use
Development in a countryside location
Noise
Impact on residential amenity
Access and highways movement
Contaminated land
Assessment
The principle of change of use
8.1 This proposal lies in the Countryside and therefore Policy 46 of the Local Plan is
applicable as the development would result in the re-use, alteration and a change in use of
existing buildings and land associated with the keeping of horses. Development is
acceptable in the Countryside under Policy 46, subject to 6 criteria. Given this proposal
includes the change of use of existing buildings and paddock land these elements are
considered separately below. As this site lies outside a Settlement Boundary, it is
development in the Countryside and therefore Policy 45 of the Local Plan is also relevant.
Page 112
8.2 This proposal results in the minor external alteration of the existing buildings and the
demolition of buildings not required by the applicant for the use to be carried out. The
external alterations are focused on the main stable barn. The external alterations include the
installation of non-opening windows and external doors in existing apertures and the
installation of high level non-opening windows for the kennels on the east elevation of the
building. Internally the building will be subdivided into a reception area and twelve individual
kennels which are soundproofed. Another existing structure for conversion is to the south of
the stable barn and again will be sub-divided internally for four cat pens with no external
alterations required. These are minor external alterations to facilitate the use and therefore it
is considered that the building is suitable for conversion without the need for significant
extension, alteration or re-building. It is considered that the form, bulk and design of the
buildings do not result in harm to the countryside through a visual impact and would be inkeeping with other structures.
8.3 This proposal results in the change of the associated paddock land to the south of the
existing buildings to an area of grass to be used in conjunction with the Rescue Centre. The
change in use of the land is not considered to be harmful to the character and appearance of
the Countryside and is considered to be a complementary activity consistent with criterion
three of Policy 46 of the Local Plan. The rural character of the area is already interrupted by
the road networks and the existing commercial kennels in close proximity to the site. The
change in use of the land would not appear incongruous in the area.
8.4 The principle of the change in use of the buildings and land from the keeping and
grazing of horses to the keeping of rescue cats and dogs is acceptable in principle as it is not
in conflict with the criteria of Policy 46 and for this reason there is no objection to the
development in principle, however, the proposal is required to be consistent with the
Development Plan and this is further discussed below.
Development in the countryside
8.5 As previously established the site lies in the Countryside, outside of a Settlement
Boundary. Policy 45 'Development in the Countryside' states that that development will be
granted where it requires a countryside location and meets the essential, small scale and
local need which cannot be met within of immediately adjacent to existing settlements. The
policy then has 3 criteria which the applicant must demonstrate to have met.
8.6 The applicant states the need for the development in a Countryside location is because
the use is not considered to be appropriate to a built up location. This is not disputed by
officers. As outlined above the buildings are also suitable for conversion and reflect the rural
character, having a low profile and being constructed of timber. The site in this location is
also stated by the applicant to lie on a good road network.
8.7 Policy 45 states that the operation should be small in scale and there is recognised local
need. The applicant is a local charity and states the need for their own kennels is to keep
costs down and allow a location for fosterers or new owners to visit more freely than if the
animals were in private kennels or homes.
Page 113
8.8 Chichester District is served by a number of commercial and private kennels and the
large rehoming centre, RSPCA Mount Noddy. Within 500m of the site is the commercially
run Amberley Kennels. The charity provides an important small-scale rehoming service in
Chichester District, which provides a local public benefit and contributes to the overall
provision of care for rescue animals in the District. It is stated by the applicant that
commercial kennels generally do not take animals taken on by the charity given their
unknown medical history and therefore animals have to be looked after by the charity prior to
being placed in new homes.
8.9 The need for the countryside location is because this use is not suited to an urban
environment and is well served by transport links for volunteer, staff and visitor access. The
charity's operation is small in scale and delivers a public benefit and therefore the need for
the siting of a rescue kennels in this location is acceptable in consideration of Policy 45 of
the Local Plan.
Noise
8.10 A full noise statement has been submitted with the application, as well as further
supplementary information in the noise assessment and revised drawings showing nonopening windows. The noise information is considered in conjunction with a Management
Plan. The alteration to the building would result in windows that would be fixed shut, and fully
sound insulated kennels for the dogs. Double sets of doors have been provided between the
reception area and kennels to buffer any sound audible through opening doors, when dogs
are barking. The ventilation of the kennels would be achieved mechanically, removing the
need for the opening of windows. Doors are required to be shut at all times and therefore air
conditioning and climate control is also proposed as a method which would prevent any
requirement to prop doors open.
8.11 Paragraph 123 of the NPPF states that planning decisions should avoid noise from
development giving rise to significant adverse impacts of health and quality of life and to
mitigate and reduce to a minimum noise that would result in adverse impacts. The paragraph
also states that areas of tranquillity from noise should be protected.
8.12 The noise statement concludes that the noise level would be 8db less than night time
noise levels. The comment of the Principal Environmental Health Officer is however that this
would not mean dog barking would be inaudible because the barking will be only partially
masked by the background noise, of the A27, nearby roads and existing kennels.
8.13 Generally noise generated by cats is quieter and a pitch less sensitive to cause
nuisance or residential amenity issues. As stated in the Management Plan, there would not
be a 24 hour on site presence from a warden instead the overnight care of the animals would
be achieved by CCTV monitored remotely by Charity staff who will detect if there is an
emergency.
8.14 Representations have been made in concern of the noise generated by barking dogs
whilst out walking on leads. The Management Plan states that dogs will be walked on leads
by staff/ volunteers in socialised groups of dogs. If the dog is known to bark, or is unsocialised, the dog will be walked on its own separately. No dogs will be exercised off the
lead. A dog barking outside of the sound insulated kennels would be audible however with
the measures outlined in the Management Plan it is the view of the Environmental Health
officer that the proposal is acceptable.
Page 114
8.15 In conclusion on the matter of noise, this proposal is considered to be consistent with
Paragraph 123 of the NPPF which seeks to avoid noise from new development resulting in
significant adverse impacts. The area has also not been designated as a tranquil area and
already has an existing background level of noise that impacts on this status due to the A27
and other existing uses. This development would not result in significant adverse impact on
health or quality of life and CDC Environmental Health Officer is satisfied that the noise
mitigation proposed by the scheme could be delivered.
Impact on residential amenity
8.16 The application proposes a maximum of 12 dogs on site at any one time.
Representations state that the dogs will cause issues for residents in terms of noise and
activity related to the site. The Management Plan for the site states that the dogs will be
walked by volunteers who walk the dogs on leads in the area or on the land to the south of
the buildings. Land to the west of the buildings, closest to the dwellings in West Ashling
Road, has been removed from the application site boundary and will not therefore be used
for dog walking but instead will remain in paddock use. It is not uncommon for dogs to be
walked on a lead in the Countryside and subject to the measures stated in the Management
Plan, the proposal is not considered to cause harm to residential amenity. It is recommended
that the Management Plan is conditioned to ensure the site operates in a way that would
prevent harm to amenity. There is some concern from residents and adjacent occupiers of
paddock land that the dogs on the lead will disrupt the horses or will become loose from their
walker. This is something outside of planning control.
8.17 Also raised by residents in objection to the proposal is the issue of the loss of rural
tranquillity they currently experience by the low equine activity on the site. The proximity of
the A27 and Cheesemans Lane is considered to impinge on the tranquillity of the area.
There is also an existing kennels, "Amberley Kennels" to the north-west of the site which
boards upto 120 dogs with open runs which residents comment they experience some noise
disruption from. It is not considered that this proposal will adversely impact on the rural
tranquillity, compared to the existing situation.
8.18 Within the supporting information to the application the applicant makes reference to
the Charity work and that they are the only charity in the South that has a 24 hour call out
system beyond 9pm. Concern is raised by Officers in relation to the disruption of activity on
the site and the impact on local residents during night hours (after 8pm) and the potential for
this to disturb dogs and cause barking which could be audible to residents in the area. The
Management Plan for the site states that the charity agrees not to make any visit to the site
during the night, unless there is an emergency detected by CCTV for a dog already in their
care on site. This is consistent with the advice of the Environmental Health Officer to
minimise disruption to local residents' amenity through the creation of activity which could
cause dogs to bark.
8.19 The change in use of the land from paddock land to land associated with the kennels
will, despite the re-use of the buildings, alter the perceived rural character and appearance of
the land to one designed for kennels/ cattery and for staff and visitors. The operation of the
site would be equivalent to a small rural business with the site's use and purpose involving
personnel and vehicle movements to and from site, in addition to staff/volunteers undertaking
dog walking. Whilst there may be some perceived loss of rural tranquillity this is not
considered to be harmful to the character and appearance of the Countryside. The activity
associated with the change in use of the whole site would not cause harm to residential
amenity.
Page 115
Access and highways movement
8.20 The access and parking arrangement for the site remains unchanged and there is not
considered to be any harm in regards of movement numbers on the Highway Network. West
Sussex Highways Authority does not consider there to be any highways issues which would
prevent the development.
8.21 There is a public footpath which runs through the site. Concern has been raised about
ongoing access. This proposal does not involve the obstruction, alteration or reduced access
of this footpath.
Contaminated land
8.22 The kennels and cattery will require daily cleaning, which may include the removal
animal wastes. The capacity of the existing tank and collection frequency has not been
determined and the advice of the Environmental Health Officer is that on no account must
the cesspool be allowed to overflow. It is therefore considered prudent to require these
details by condition. Conditions are recommended to ensure that all animal wastes are
disposed of via the cesspool with other wastes being securely stored prior to collection by a
licensed waste carrier and that no commercial waste should be disposed of by burning.
8.23 It is of some concern for residents that the dogs will be allowed to toilet on the open
ground to the south and west of the site and that this may cause water and ground pollution.
The collection and management of waste on the site is covered in the Management Plan
which states that faeces will be picked up immediately in a hygienic matter by the volunteer
or staff member walking the dog. This is considered to be an appropriate measure. Subject
to conditioning the Management Plan, no concern is raised by the Environmental Health
Officer in relation to the impact of foul waste from the site.
8.24 As there will be no new impermeable surfaces on the site, no additional surface water
drainage is proposed. The details of the foul collection are required by condition.
8.25 The following conditions are considered to be necessary to make the development
acceptable:

Restricted noise levels to 8db below background noise.

Operating the site at all times in strict accordance with management plan,
including restriction of operation of hours to between 08.00 and 20.00 (excluding
detected emergency).

Installation of equipment specified to allow the noise reduction including the
provision of air circulation and air conditioning system to control temperature and
air flow and windows all sealed (non- opening).

Installation of CCTV and noise monitoring system to relay alarm off-site to
Plovers.

At no point shall the kennels be used commercially for the keeping of dogs. It
shall only be used in connection with the Chichester District Dog Society.

Operation of the centre shall be in conjunction with the occupation of Plovers.

External lighting details are required to prevent disruption to local wildlife.

Other conditions on waste storage and removal and no burning of waste on site
as required by Environmental Health.
Page 116

The field south of the proposed kennels shall be for dog walking only and no other
use.
Conclusion
8.26 To conclude, the principle of development on this site is considered to be acceptable
against the criteria in Policy 46 of the Local Plan. The appearance and use of the site as a
rescue centre would not be incongruous, as the proposal would result in the change in use
and minor external alteration to an existing stable barn which is consistent with other
buildings in the area. The use would be small in scale and provide a public benefit to the
District, consistent with Policy 45 of the Local Plan. Subject to appropriate conditions, the
proposal complied with the development plan policies and is therefore recommended for
approval.
Human Rights
RECOMMENDATION
PERMIT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Time Limit - Full
Plans
Noise Levels
Installation of machinery and equipment
Management Plan
Public Hours
CCTV
Use with Plovers
Foul Sewerage
External Lighting
Works to roof
Charity Kennels
Works to Trees
Burning of waste
Use of land for dog walking
Numbers restricted
Animal waste disposal
INFORMATIVES
1
2
3
Application Approved Following Revisions
Disclaimer- Other Consents
Waste Regulations.
For further information on this application please contact Rhiannon Jones on 01243 534 734
Page 117
Agenda Item 10
Parish:
Chichester
Ward:
Chichester West
CC/15/03591/DOM
Proposal
Proposed single storey rear extension, two storey side and rear extension,
rear dormer and built up gable end.
Site
8 Oak Close Chichester West Sussex PO19 3AJ
Map Ref
(E) 485374 (N) 105367
Applicant
Mr Joe Mildred
NOT TO
SCALE
Applicant is a Member/Officer of Council, or spouse/partner
Page 118
2.1 The application site lies to the west of Oak Close, north west of Chichester centre, in a
small close comprising a mix of similar two-storey semi-detached properties and single
storey semi-detached bungalows. The site is located within the settlement boundary of
Chichester.
2.2 The site comprises a semi-detached two-storey residential property, which is set back
from the roadside, with off road parking and a front garden laid to lawn. To the rear of the
property there is an existing single storey extension. The boundary treatment comprises a
1.8m close boarded fencing immediately between the property to the north (no.6), which then
decreases to a 1m close boarded fence. To the south is a two-storey residential property,
which is set back from the build line of the application site, with low level (1m) boundary
treatment to the rear.
3.0 The Proposal
3.1 The proposal comprises a first floor extension over the existing single storey rear
addition; a two-storey side extension; a dormer to the rear roof slope and a half hipped gable
extension to the roof. The proposal would mimic that approved at the neighbouring property
6 Oak Close (CC/15/01894/DOM).
3.2 The side extension would project 1.1m from the side of the property and allow for the
formation of a family bathroom at first floor and enlarged utility room at ground floor. An
enlarged first floor bedroom would be created at first floor above the existing single storey
addition. To the ground floor the existing single storey addition would be extended by 1.1m,
allowing the extension to be 'squared off'. A flat roof dormer 4.6m (w) x1.9m (h) would be
inserted into the rear roofslope.
4.0 History
07/01641/DOM
REF
Single storey side and rear
extensions.
07/04026/DOM
PER
Rear and side single storey
extensions.
5.0 Constraints
Listed Building
Conservation Area
Rural Area
AONB
Strategic Gap
NO
NO
NO
NO
NO
NO
Page 119
6.1 Parish Council
18.11.2015- Objection
23.11.2015 -No objection
City Council confirmed in email dated 3rd December 2015 that their original Objection has
been removed in light of the neighbouring properties permission CC/15/01894/DOM.
7.0 Planning Policy
2014-2029 and all made neighbourhood plans. There is no adopted neighbourhood plan for
Chichester.
follows:
and
restricted.
7.4 Consideration should also be given to paragraph 17 (Core Planning Principles) and
Section 7 generally.
7.5 The following Supplementary Planning Guidance and Interim Statements are material to
the determination of this planning application:
Planning Guidance Note 3: Design Guidelines for Alterations to Dwellings & Extensions
Page 120
I)
II)
III)
Design and impact on visual amenity
Assessment
i)
8.2 The application site is located in the Chichester City Settlement Boundary Area and is
located in a primarily residential area. Under Policy 2 and Policy 33 of the Local Plan the
principle of extending and altering this dwelling for residential purposes would be acceptable,
subject to the relevant material considerations assessed below.
ii)
Design and impact on visual amenity
8.3 The proposed two-storey and single storey extensions would be subservient in form,
scale, mass and bulk to the host dwelling and therefore would not detract from the
appearance of the host dwelling. As such these extensions would be in accordance with the
provisions of policy 33 of CLP which seek to ensure the proposal would not detract from the
character of the surrounding area and its site. Whilst the flat roof dormer to the rear would
appear large, spanning the width of the roofslope, it would be stepped in from the roof edge,
eaves and ridge, ensuring its subservience on the roofslope. It would not be visible from the
wider area, due to its location, partly obscured from view by the proposed two-storey addition
and the neighbours property to the south and the neighbouring properties extensions to the
north. Furthermore the proposed dormer would benefit from being carried out by Permitted
Development, in connection with the hip-to-gable extension and this fall back position is a
material consideration.
8.4 The neighbouring property has planning permission to half hip the gable end in the same
manner as the proposal and this permission has been commenced. The proposed
development would therefore match the appearance of the adjoining dwelling. Furthermore
the gable alteration would be permitted development under the General Permitted
Development Order 2015 if carried out in isolation to the other works that form part of the
proposal, which is a material consideration.
iii)
Page 121
8.5 The proposed two-storey element would be situated 1m from the boundary to the south
and due to the added separation of this neighbouring property being set 3.5m from the
boundary; it is not considered the proposal would result in any overbearing impacts or loss of
light. There would be a first floor window to the southern flank of the proposed extension
and this would provide light to a bathroom. It is considered that due to its proximity to the
boundary and the use of the room, that it would be proportionate to condition this window to
be obscure glazed with top opening to light only to prevent any overlooking.
8.6 To the north, the neighbouring property has begun to implement CC/15/01894/DOM for a
proposal which this application is seeking to almost mirror. This includes the provision of a
single storey element abutting the boundary between the properties. As such this would
mean the proposed 'squaring off' of the existing single storey extension to the rear would be
acceptable, as it would no longer breach the 60degree design guideline. The proposed twostorey element would be stepped off the boundary 2.8 and this combined with a lower ridge
height to the host dwelling, which would slope away from the neighbouring property, is not
considered to result in any loss of light or overbearing impacts to the neighbours first floor
habitable window.
8.7 There would be a back to back separation of in excess of 55m and as such the proposal
would not result in direct inter-looking and would be in accordance with CDC Design
Guidelines, which seek a minimum separation distance of 25m.
8.8 Overall it is considered the proposal by reason of its design and location would not have
any overbearing or loss of light impacts on neighbouring properties and therefore the
proposal would be acceptable in respect of its impact upon neighbouring properties.
8.9 In addition to the conditions above it is considered appropriate due to the proximity of the
extension to the northern boundary that a condition restricting new windows on northern
walls should be applied.
Conclusion
8.10 Based on the above assessment it is considered the proposal complies with
development plan policies and therefore the application is recommended for approval.
Human Rights
Page 122
RECOMMENDATION
PERMIT
1
2
3
4
5
B01G No Departure from Plans
F02F Materials to Match Existing
H08G Obscure Glazed Windows
U99405 - no north windows
INFORMATIVES
1
2
W01F Disclaimer - Other Consents
W44F Application Approved Without Amendment
For further information on this application please contact Caitlin Boddy on 01243 534734
Page 123
Agenda Item 11
Parish:
Chichester
Ward:
Chichester South
CC/15/03419/REG3
Proposal
Replacement of an existing industrial building with a new managed
workspace business centre which will provide a mix of office and workshop
units associated car parking.
Site
Plot 12 Terminus Road Chichester West Sussex PO19 8TX
Map Ref
(E) 484884 (N) 104523
Applicant
NOT TO
SCALE
Applicant is Chichester District Council
Page 124
2.1
The site is located within an established industrial estate at the western end of
Terminus Road, a short distance from its junction with the Fishbourne roundabout and the
A27 Strategic Road Network (SRN). The site comprises the greater part of Plot 12 (0.71
hectares) and is a former depot with a range of permitted commercial uses including uses in
Use Classes B1, B2 and B8 for storage and haulage. It has a single point of vehicular access
from Terminus Road to the south and is currently laid to concrete hardstanding with areas of
tarmacadam. The site has two existing brick built commercial buildings, tired and dated in
appearance, the larger of which is part occupied by an existing tenant with a lease expiring in
February 2016. The site is bounded by Cathedral Way (the A259) to the north-west which
lies beyond a wide tree'd embankment formed as the road rises to cross over the main
Portsmouth Harbour to London Victoria railway line. The railway line passes by the northeast boundary behind a brick wall. A gasholder station is situated to the opposite south side
of Terminus Road which has a blast zone radius of 100 metres which falls outside the
proposed new building proposals.
2.2
To the east of the site beyond a chain link fence boundary is Plot 11 which
comprises a haulage yard and a large metal clad building used for self-storage. The
Terminus Road industrial estate as a whole is characterised by a wide and ad hoc variety of
commercial buildings, mainly 2-3 storeys, with a high percentage from the 1950s and 1960s,
constructed in a wide variety of materials but predominantly clad in facing brickwork/masonry
and metal sheet cladding of various profiles and colours.
3.0 The Proposal
3.1
This application is for full planning permission to redevelop part of Plot 12 with a
new Managed Workspace Centre which will provide a mix of office and workshop units within
either Use Class B1a, b or c with associated car parking and landscaping. As applicant, the
Council's stated vision for the Centre is that it will provide an environment in which new startup businesses can be supported to grow, prosper and then move on. The two existing
buildings on the site will be demolished and replaced with 3287.5 sqm GIA (2469 sqm net) of
lettable managed business space housed within two buildings and split into two separate
types of lettable space. A maximum of 84 individual lettable units are proposed.
3.2
One building (Building A) at the south side of the site is proposed for 3 floors of
office space of approximately 2311.5 sqm (GIA) (1560.4 sqm net). The other building
(Building B and C conjoined) which wraps around the north and east corner of the site will
provide 976 sqm (GIA) (908.6 sqm net) of workshop space at ground floor with a part first
floor mezzanine (245 sqm net).
3.3
In terms of further details of the proposal:
Building A - use as office space with unit sizes ranging from 14-36sqm (depending on the
final commercial assessment)
15.7m x 52.3m building with rectilinear ground plan
10.8m high flat roofed building with parapet detail
Page 125
Materials - masonry to ground floor comprising facing brickwork, insulated grey metal faced
cladding to first and second floors. First and second floors at south-east corner are proposed
in a metal rainscreen cladding with a contrasting grey colour. Grey aluminium picture framed
windows grouped vertically and fixed with brise soleil to reduce solar heat gain on the southwest and south-east elevations.
Buildings B and C - use as workshop space with unit sizes of 65sqm including a mezzanine
floor.
Building B parallel with north site boundary:
49m x 8.9m
Building C parallel with east site boundary:
37m x 8.9m
Both Buildings B and C have a rectilinear ground plan and are conjoined by a plant and
ancillary room. The design incorporates a mono-pitched roof rising from 4m to 6m.
Materials - masonry to ground floor comprising facing brickwork, with a grey rainscreen
cladding and roller shutter doors, profiled metal roof, grey aluminium fascias and rainwater
goods.
3.4
Parking - The proposal provides for a total of 108 car parking spaces (including 5-6
disabled bays) calculated as 77 spaces for Building A and 31 spaces for Buildings B and C.
Cycle parking is provided for 30 cycle spaces (21 for Building A and 9 for Buildings B and C).
3.5
Surface Water Drainage - The site is in Flood Zone 1. SW run-off will be
discharged to the existing surface water drainage system. The total impermeable area will
decrease post development meaning that rates and volumes of surface water run-off will also
decrease. The SW drainage system will be designed to cater for a 1:100 year design.
3.6
Foul Water Drainage - The existing foul drainage system discharges to the public
foul sewer located to the south east of the site. The proposed connection will be taken to the
same location as existing.
3.7
Landscaping - buffer strips are proposed to the boundaries of the site comprising
grassy margins to the south and west where there will be additional tree planting. Evergreen
groundcover and shrubs are proposed to the north and east boundaries.
3.8
Boundary - It is proposed that the site is enclosed and secured by a 1.8m high
mesh fence, a transparent treatment allowing views through to the building forms. The
vehicular access to the site will be gated which will remain open during normal working hours
and closed outside of these.
Page 126
4.0 History
97/00318/REG3
PER
Change of use from existing sui
generis use to 10 units of a mix of
B1 and B8 and vehicle
workshop/bodyshop/valet.
97/00353/COU
REF
Change of use to food
preparation, takeaway sales and
cafeteria.
97/02043/FUL
PER
Change of use to sales, servicing
and parts supply of agricultural
and ancillary machinery. Addition
of Portakabin. (Units 1 and 10).
98/02676/COU
PER
Rock band practice, rehearsal &
writing room on first floor.
04/03158/REG3
PER
Continuation of use of units 4, 5, 7
and 9 for a children's indoor play
centre and associated cafe and
shop and use of units 1, 2, 3, 6, 8,
10 and rest of site for B1 (b) (c)
and B8 use.
09/03629/REG3
PER
Continuation of use of units as
follows:4, 5, 7 and 9 for a meeting place,
office, cafe and place of worship,
1 and 10 for storage and haulage
contractors vehicle depot with 8
no. lorry spaces within existing
yard, 2, 3, 6 and 8 for B1(b)(c)
and B8 use for a further five
years.
5.0 Constraints
Listed Building
Conservation Area
Rural Area
AONB
Strategic Gap
NO
NO
NO
NO
NO
NO
NO
EA Flood Zone
Flood Zone 1
Page 127
- Flood Zone 2
- Flood Zone 3
NO
NO
NO
6.1
City Council
No Objection.
6.2
Highways England
No Objection.
6.3
Environment Agency
No Objection. There is no change in Flood Risk Vulnerability Classification. [CDC Officer
comment: Site is in Flood Zone 1].
6.4
Southern Water
Initial investigations show there is currently insufficient capacity in the local network.
Additional off-site sewers or improvements to sewers will be required to service the
development which can be secured through the mechanism of S.98 of the Water Industry Act
1991. Alternatively the developer can discharge foul flows to the existing system no greater
than existing levels if proven to be connected. Recommends planning condition to approve
details of foul and surface water drainage before construction commences.
6.5
Network Rail
Provide series of requirements in terms of proximity of new development to the railway and
the need to safeguard its operation. Safeguards are recommended with regard to future
maintenance access, drainage, plant and materials, scaffolding, piling, fencing, lighting,
noise and vibration, landscaping and vehicle incursion.
6.6
WSCC - Highways
No Objection.
Access - The site already has an existing access point onto Terminus Road. This will be reused and will provide access in and out of the business centre. Visibility is good in both
directions and wide enough to accommodate two way vehicle movements.
Internal Layout - The internal layout of the site provides an access road leading to a main car
parking area, in a courtyard style with the business units built around this. The access road
has been assessed using swept path diagrams for a Refuse Vehicle/Fire appliance. Swept
path analysis also provides evidence that both a fire tender and refuse vehicle will be able to
negotiate the access and internal layout.
Road Safety Audit - No road safety audit is required as the access already exists and is in
use on a regular basis as a car storage yard.
Page 128
Trip impact - The TRICS data provided in the submitted Transport Assessment is considered
acceptable and suggests that there would be in the region of 570 trips to the site daily. The
number of trips to the site in the morning would be much greater and only 7 trips are
predicted to leave the site in the am peak. Of these trips network flow diagrams have been
provided to show that the overall number of movements to the site are not high enough to
justify any material impact on the existing network.
Parking Strategy - Parking for 104 cars is proposed on the site. WSCC maximum standards
for this use class is 1 space for every 30sqm. This would equate to 108 spaces. 4 spaces
short of what is proposed. [CDC Officer Comment: there are 108 car park spaces]. WSCC
are satisfied the number of parking spaces provided for the use is in line with our standards.
Each space should be designed in accordance with Manual for Streets recommendations of
2.4m x 4.8m, and 5% of the space should be allocated as disabled spaces.
6.7
CDC - Economic Development
Strongly Support. A need has been identified for an Enterprise Gateway with flexible
business space accommodation for the many home workers within the District. Plot 12 is
considered a suitable site. There is a high proportion of micro businesses in West Sussex as
a whole. According to ONS data 71.5% of businesses within the District employ less than 4
people. Many of these businesses need affordable premises to operate from. 22% of small
businesses cite availability of suitable premises as an obstacle to their growth.
Redevelopment of the site for an Enterprise Gateway would help meet some of the
objectives in the Economic Development Strategy 2013 - 2019 to develop and support startup businesses. It is forecast that the project could create around 275 new jobs every three
years and contribute to an improvement in business survival rates.
6.8
CDC - Conservation and Design Manager
No Objections. Fully supports proposal to provide a mix of business units with shared
support services. Opportunity to introduce buildings of high environmental standards. Public
art should be integrated into the development.
6.9
CDC - Drainage Engineer
The proposed surface water drainage strategy is acceptable, as the reduced impermeable
area will contribute less runoff for the same amount of rainfall. Further source control could
be added to the parking areas by using permeable paving if necessary.
6.10
CDC - Environmental Health Officer
It is noted that some groundwater testing has been undertaken which did not reveal
significant concentrations of contamination. A watching brief should be put in place during
demolition and construction works in case any unexpected contamination is discovered.
Standard condition recommended in this regard. Mitigation measures needed to control
airborne emissions during demolition and construction. Measures to encourage the use of
sustainable transport and thus reduce impacts on air quality should be put in place including
provision of secure cycle parking, information to future occupants of available public
transport and car sharing opportunities, recharging points for electric vehicles.
Page 129
6.11
CDC - Archaeology Officer
Evaluation by trial trenching has established that no structures or deposits of interest are
likely to survive within this site. In the circumstances there is no archaeological justification
for either refusal or the requirement for other mitigation measures.
6.12
CDC - Environmental Strategy Officer
Buffer strip around the hedgerow edge of the site should be provided for bats for commuting
and foraging. Lighting scheme for the site should minimise potential impacts to any bats
using the trees hedgerows and buildings by avoiding unnecessary artificial light spill through
the use of directional light sources and shielding. Any works to the trees or vegetation
clearance on the site should only be undertaken outside of the bird breeding season which
takes place between 1st March and 1st October.
6.13
1 Third Party Other
Although Grace Church does not object to the current planning application, I wish to make it
a matter of public record the substantial benefit to the community (and indeed the economic
benefit) that has been yielded from the presence of Grace Church in this premises on
Terminus Road.
6.14
In addition to the Design and Access Statement the application is accompanied by a
comprehensive suite of supporting documents on the following matters: Planning Statement,
Transport Statement, Green Travel Statement, Ecological Statement including Bat and
Reptile Survey, Archaeological Evaluation, Landscape Strategy and Planting Specification,
Arboricultural Assessment, Contaminated Land Assessment, Drainage Strategy and Flood
Risk Assessment. The reports can be read in detail on the Council's website.
7.0 Planning Policy
7.1
The Development Plan for the area comprises the Chichester Local Plan: Key
Policies 2014-2029 and all made neighbourhood plans.
7.2
The principal planning policies relevant to the consideration of this application are
as follows:
Policy 2: Development Strategy and Settlement Hierarchy
Policy 3: The Economy and Employment Provision
Policy 11: Chichester City Employment Sites
Policy 12: Water Resources in the Apuldram Wastewater Treatment Catchment
Policy 13: Chichester City Transport Strategy
Policy 26: Existing Employment Sites
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Policy 42: Flood Risk and Water Management
7.3
The Chichester Local Plan: Key Policies (CLP) was adopted by the Council on
14th July 2015 and now forms part of the statutory development plan for the parts of the
District outside of the South Downs National Park. Planning legislation requires that
applications for planning permission must be determined in accordance with the
development plan, unless material considerations indicate otherwise. In terms of some of the
key Local Plan policies cited above:
Policy 3 identifies a requirement for around 25ha of new employment land for uses
within Use Classes B1-B8. Paragraph 6.7 of the supporting text explains that employment
land will be met through sites to be identified in the Site Allocation Development Plan
Document.
Policy 11 states that the Council will support the refurbishment and redevelopment
of premises for business purposes and promote upgrading and environmental improvements
to the industrial estate at Terminus Road.
7.4
Supporting paragraph 12.14 confirms that 'Particular emphasis will be placed on
development of small office and business units and managed workspace suitable for startups and small businesses, such as the proposed 'Enterprise Gateway' at Terminus Road.'
7.5
Government planning policy now comprises the National Planning Policy Framework
and
restricted.
7.6
Consideration should also be given to paragraph 17 (Core Planning Principles),
and to paragraphs 18-21 (Building a strong, competitive economy), 29, 30, 32, 35, 36
(Promoting sustainable transport), 56, 60, 61, 64 (Requiring good design), 160-161
(identifying Business needs), 186-187 (Decision taking), 188, 190 (Pre-application
engagement and front loading).
7.7
The aims and objectives of the Council's Sustainable Community Strategy are
material to the determination of this planning application. These are:
A1 - A strong local economy where businesses can thrive and grow
A2 - Employees with good skills relevant to local employers, prepared for national and
international competition and with well-paid and secure jobs
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A3 - Vibrant and sustainable City and market towns, with a good range of business and retail
types
B2 - Greener living
B3 - Environmental Resources
E1 - Traffic management in the district will improve so as to reduce congestion
E2 - There will be improved cycling networks and strong links to public transport to ensure
that cycling is a viable alternative to using the car
E3 - There will be a decrease in the numbers of road traffic collisions in the district
Principle of Development
8.1
The application site lies within the settlement boundary for Chichester and
comprises wholly brownfield land where one of the core planning principles of the NPPF
(para 17) is to encourage re-use. The site is part of a larger 2.4 hectare land parcel which
includes an undeveloped area laid to grass located at the western most end of Terminus
Road. The overall land parcel extends from the boundary with Plot 11 westwards on the
north side of Terminus Road to the junction with the A27 Fishbourne roundabout.
8.2
Formerly allocated as a Park and Ride site under saved policy TR4 of the 1999
Local Plan until de-allocation of that policy in 2010, Plot 12 Terminus Road was promoted
and assessed as a potential employment site through the work undertaken in drafting the
Site Allocation Development Plan Document (DPD). The site assessment concluded that
although there were minor obstacles to development, these were uncomplicated and viable
to resolve. The site is close to the major road network - the A27 SRN - with easy access to
all vehicles. The site is within a well-established commercial area within close proximity to
Chichester City which offers a wide range of services and facilities.
8.3
The Site Allocation Preferred Approach DPD has identified Plot 12 Terminus Road
as a preferred employment site in the Site Allocation Development Plan Document. Policy
CC7 would require the site to be developed in accordance with the following site specific
criteria:
-
A high quality scheme is required given its prominent location as a Gateway to the
City;
Provision of satisfactory means of access;
Provision of parking requirements to be contained within the site;
Provision of appropriate landscaping and screening to minimise the impact of
development on the setting of the city and the surrounding area; and
Investigation of the extent and type of any contamination on the site to identify any
necessary mitigation measures required.
The Site Allocation DPD was approved by Council on 15th December 2015 for public
consultation. The 6 week consultation period ends on 18th February with the timetable
thereafter anticipating submission to the Secretary of State in September 2016 and eventual
adoption in the Spring of 2017. The DPD is still therefore at a very early stage, and this must
be reflected in the very limited weight that can be attached to it when considering the current
application.
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8.4
Notwithstanding the outcome of the DPD process which indicates a clear direction
of travel, the primary policy references relevant to this application are adopted policies 3 and
11 of the Chichester Local Plan which support redevelopment of land at Terminus Road for
business purposes within the B1/B8 Use Class. There are therefore considered to be strong
planning policy reasons for supporting this application. The Committee will note the strong
support for the proposals from the Council's Economic Development Service at paragraph
6.7.
8.5
In addition to the principle of development, the two main issues which the
application is considered to raise are:
-
Whether the design, form and appearance of the development is acceptable?
Whether there are any harmful highway issues?
Design, Form and Appearance
8.6
The planning application was preceded by a pre-application enquiry which helped
to inform and shape the submitted design proposals. The surrounding context of the site and
the detail of both buildings is set out above in sections 2 and 3 of the report. Building A which
provides the office element of the proposal at 3 storeys has a simple flat roofed, rectilinear
form and would be the highest building on the site. It is orientated east-west, close to the
south site boundary and is parallel with the railway line. It is set back approximately 47.5
metres from Terminus Road. A range of materials are used to break up the overall massing
and at the south-east corner the ground floor has been set back providing a largely glazed
reception area. Parapets, louvres, material changes from facing brickwork to different
coloured metal cladding together with projecting and recessed elements on the elevations all
help to break up the form of the building and create interest in the appearance.
8.7
Building B and C provides the workshop element of the proposal. This element of
the proposal has been separated from the main Building A and is located so as to form a
barrier to the poor amenity of the northern boundary with the railway line and the eastern
boundary with the neighbouring industrial site at Plot 11. The building profile has been
intentionally kept lower with a single storey façade facing onto the central car parking area
and a mono-pitch roof rising to a two storey façade at the boundary, sufficient to encompass
a limited first floor mezzanine area. The layout of Buildings A and B/C by wrapping around
the site boundaries and enclosing the central car parking and manoeuvring area is
considered to be successful, creating a sense of space and arrival. The amenity grass and
tree planting to the south and north-west of Building A together with that adjacent to the
access road to the site will provide significant enhancement to a site which is presently
devoid of any vegetation or soft landscaping.
8.8
In terms of the development's wider off-site visual impact it is considered that any
views would be primarily restricted to those from Terminus Road. From here the site will be
set well back which will reduce in particular the overall impression of scale of the 3 storey
Building A. Existing tree screening to the south-west and on the embankment with the A259
to the north-west will significantly inhibit views of the development. It is considered that the
development will therefore appear well integrated within the context of its surroundings and
that the environmental improvements both in the quality of the proposed buildings over those
which are to be demolished and in terms of the introduction of new planting will provide a
marked and significant enhancement of the site's overall appearance befitting its intended
function as an Enterprise Gateway to the Terminus Road industrial estate.
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8.9
In terms of the buildings’ environmental credentials the design incorporates
features to maximise energy efficiency and minimise energy consumption. For Building A this
means the building will have a highly insulated and air tight thermal envelope, including fixed
solar shading to moderate heat gains to the internal spaces and potentially employ a zone
for renewable energy sources on the roof. Building B will employ similar measures including
secure opening vents to allow night time cooling of spaces and purge of thermal mass. The
recommendation to permit this development carries with it a condition to ensure that the
proposals address the sustainable design and construction criteria in Policy 40 of the Local
Plan. The Committee will note that the application is fully supported by the Council's
Conservation and Design Manager.
Highway Matters
8.10
It is estimated that the development will provide in the region of 275 new jobs over
a 3 year period as a result of the flexible turnover of business uses at the site. The proposals
provide 108 car parking spaces (the current site has around 161 spaces) accessed via the
existing vehicular access from Terminus Road. The level of parking proposed has been
assessed by WSCC Highways and confirmed as acceptable. The application is accompanied
by a Green Travel Plan promoting measures to offset car use through access to the site by
public transport, cycling or on foot. The scheme provides for secure cycle parking (30
spaces), employee lockers and a shower facility. In terms of traffic movements, one of the
key issues raised is whether the level of vehicle movements to and from the site is likely to
create a material worsening of highway safety conditions particularly at the junction of
Terminus Road with the A27.
8.11
The difference in traffic generation in terms of daily flows between the existing/last
use of the site and the proposed re-development is calculated at +304 movements. This
level is considered to be 'material' and so the applicant has tested the capacity of both the
Fishbourne and Stockbridge roundabouts. The analysis shows that both roundabouts are
currently operating above capacity and will continue to do so throughout the assessment
period which is until the end of the Local Plan period. WSCC has assessed the traffic impact
on the local road network and concluded that the level of impact at the Stockbridge Road
junction with Terminus Road is acceptable. With regard to the junction impact at the western
end of Terminus Road with the A27 Fishbourne roundabout, Highways England has similarly
confirmed that it has no objection in terms of the traffic generation on the operation of the
strategic road network. Within the meaning of the NPPF paragraph 32 therefore the
cumulative impacts are not considered to be severe given current capacity issues and there
are no grounds to refuse the application on highway grounds.
Other Issues
8.12
It is considered on the advice of consultees in section 6 above that other matters
relating to surface and foul water drainage, archaeology, ecology and lighting can be
satisfactorily addressed by planning condition.
8.13
Conditions proposed on the development necessary to make it acceptable in
planning terms include details of final materials, provision of the parking layout/spaces prior
to first occupation, Construction Management Plan, lighting controls, landscaping details, foul
and surface water drainage details, sustainable design and construction.
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8.14
This application does not require any obligations to be secured via a Section 106
agreement and is not liable for contributions under the Community Infrastructure Levy (CIL)
charging schedule.
Conclusion
8.15
Based on the above it is considered the proposal complies with adopted
development plan policies. The development will result in a significant and much needed
improvement in the environmental quality and appearance of a run-down brownfield site at a
key gateway site to the City's main industrial estate and the provision of employment
opportunities for start-up and existing small businesses for which a clear demand has been
identified in the Employment Land Review which underpins Local Plan policy 3. The
application is therefore recommended for approval.
Human Rights
8.16
In reaching this conclusion the Human Rights of nearby occupiers have been
taken into account when reaching this recommendation and it is concluded that the
recommendation to permit is justified and proportionate.
RECOMMENDATION
PERMIT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
F01F Materials/Finishes
U99664 – Use Restriction
U99665 – Construction Management Plan
U99666 – Parking and Access
U99691 - Cycle Parking Spaces
U99692 - Green Travel Plan
U99667 - Landscaping Proposals
U99668 - Landscaping Implementation
U99669 - Land Contamination
U99670 - Lighting
U99671 - Drainage
U99673 - Sustainable Construction
U99694 - Demolition Safeguards
U99672 - Approved Plans
For further information on this application please contact Jeremy Bushell on 01243 534734
Page 135
Agenda Item 12
Agenda Item
Report PC
Report to
Planning Committee
Date of Committee 3 February 2016
By
Head of Planning Services
Local Authority
Application No:
SDNP/15/04803/FUL
Validation Date
13 October 2015
Target Date:
8 December 2015
Applicant:
Mr Joe Fielding
Proposal:
Surfacing of existing forestry tracks.
Site Address
Land West of Copygrove Cottage A283 Valentines Lea to Valentines
Hill Valentines Hill Northchapel West Sussex
Purpose of Report The application is reported to Committee for a decision
Recommendation: That the application be Approved for the reasons and subject
to the conditions set out in paragraph 10.1 of this report.
Reason for Planning Committee referral: Parish Council objection - Officer
recommends PERMIT
Executive Summary
The works for which retrospective planning permission is sought are considered
reasonable and acceptable both in terms of the physical construction of the tracks in a
material sympathetic to the character of the woodland and in supporting the active
management of the woodland for the future, without adverse harm to its status as
Ancient Woodland or as an SNCI. Proactive support for the rural economy is set out in
both the NPPF and the South Downs Management Plan, which expresses particular
support for the woodland and forestry sector. The development is also considered to
accord with policies BE11 and TR6 of the Local Plan and the First Purpose of
designation of the National Park.
Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY Email:
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[email protected]
1.
Site Description
1.1
The woodland to which this application relates is known as Copygrove Copse and
is located on the west side of the A283 just to the north of Northchapel village. It
extends to approximately 33 hectares and comprises predominently deciduous
broadleaved species, including Oak, Ash and Sweet Chestnut coppice. Also within
the woodland is a small stand of mature conifer trees. Areas of the woodland have
been subject to coppicing and part-felling in the past under licence and there is
also evidence of re-stocking with Oak in some of the previously cleared areas.
The central part of the woodland is level, but there are falls to the north, west and
east, toward the A283. Much of Copygrove Copse is classified as Ancient
Woodland.
1.2
Access to the woodland is via an existing field gate to the south of the woodland,
using a 3.0 metre wide track previously approved under a Prior Approval
application in September 2009 that terminates in the heart of the woodland.
Toward the centre of Copygrove Copse is a cleared area out of which radiate a
series of paths/tracks, some of which have recently been resurfaced with crushed
Fittleworth sandstone.
2.
Relevant Planning History
NC/09/03244/PNO - Construction of 3m wide forestry road 520m in length. NO
PRIOR APPROVAL REQUIRED
3.
Proposal
3.1
The works have been the subject of an enforcement investigation and the
application is seeking planning permission for works already undertaken to
resurface and extend some of the internal woodland tracks in order to allow
improved accessibility to sections of the woodland to carry out thinning works for
which a felling licence from the Forestry Commission has been obtained. The
tracks have been surfaced with crushed sandstone and whilst there is some
variation in width, none of the tracks exceed 2.5 to 3.0 metres in width.
4.
Consultations
WSCC – Highways and Transportation
The proposal is for the surfacing of internal routes with a permeable surface to
allow harvesting of timber with access onto the A283 via an existing access point.
The most recently available verified accident records reveal there have been no
personal injury accidents in the vicinity of the existing point of access, indicating a
low risk of highway safety issues with this proposal.
In terms of the proposed number of movements, a larger vehicle resulting in fewer
overall movements would, according to the supporting literature, result in 1-2
movements per day. This would be within a tolerable amount for an existing
agricultural type access. Smaller vehicles could potentially result in a higher
number of movements and a material increase. Measures to prevent the bringing
of mud onto the road should be explored, especially due to the access location on
the outside of a bend in the A283.
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The access gate should be set back to ensure that the longest vehicles entering
and exiting the site are clear of the Highway when the access is in use. This is to
prevent an obstruction and hazard to other Highway users.
Due to the existing agricultural access point the number of movements for larger
vehicles should not materially increase, and as such it would be difficult to resist
this proposal in terms of Highway safety.
Environmental Strategy Unit - CDC
SNCI and Ancient Woodland
The site is situated within Ancient Woodland Copygrove copse and the SNCI
Copygrove Copse and Frith Wood. Due to this we require that no works
associated with the resurfacing/upgrading of the tracks are undertaken away from
the current paths which are being resurfaced. This includes restricting equipment,
storage of materials and vehicle movements to the path.
If the Forestry Commission has given a licence for the thinning works, that is
acceptable
Birds
Any works to the trees / hedgerow habitat or vegetation clearance on the site
(outside of the SNCI and Ancient Woodland) should only be undertaken outside of
the bird breeding season which takes place between 1st March - 1st October. If
works are required to take place within this time an ecologist would be required
onsite to check the area before any works take place (with 24 hours of any work).
If a nest is then discovered all works should stop within a 5m radius until the
young have fledged.
Forestry Commission
No response received.
Parish Council Consultee
Northchapel Parish Council held a planning meeting on Saturday 24th October
2015 where this planning application was discussed. The Parish Council objects
to this application and its comments are as follows:
1) Copygrove Copse is ancient woodland and, as such, the only felling work that
should be allowed is for maintenance purposes and not for commercial reasons
and therefore the proposed tracks are over and above anything required to
maintain the copse.
2) The Parish Council believes the access gate to the A283 is dangerous.
3) There have clearly already been some new tracks laid without planning
permission which may have already damaged fauna and flora and these should
be removed and not replaced.
In summary Northchapel Parish Council objects to this application.
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Lurgashall Parish Council
Lurgashall Parish Council is commenting on this application because a part of the
site is in this Parish and a number of our Parishioners are very concerned about
developments on the site:
1. Copygrove Copse has been owned by the Baker estate for more than 500
years and therefore it is almost certainly Ancient Woodland.
2. We understand that the Copse has recently been sold to a property
development company and a significant amount of crushed stone tracks have
been laid without consent - see photographs of tracks and one of several oak
trees marked for felling.
3. We believe that no permanent tracks should be laid or any other development
should take place in this woodland and that the tracks laid without consent should
be removed.
4. The Parish Council therefore objects to this application.
The Parish Council requests the District Council take the above comments and
objection into account when considering this application.
5.
Representations
2 Third Party objections
Tracks are excessive for the purpose of timber extraction - most of the mature
timber was extracted from the site in the last ten years
Also additional tracks where previously none.
Accept that maintenance is required but there should be no further commercial
development.
This is Ancient Woodland - only felling allowed should be for maintenance
purposes
No permanent tracks or other development should be carried out - tracks laid
without consent should be removed
1 Third Party observation
Request consideration of conditions to any permission dealing with reconstruction
of rides/tracks/paths and to take account of drainage of surface water, the extent
of any permission that might be forthcoming and suitable means of access to
extract timber.
Agent's supporting information
Forestry Commission has granted a felling licence for thinning operations within
the woodland, which will expire in October 2020
Felling authorised in 6 individual areas or 'coups'
Tracks designed to provide access to these specific areas and have simply been
upgraded to enable mechanised accessibility
Method statement has been provided to clarify the means and most effective
method of extraction, harvesting, phasing of work.
Tracks necessary to permit smaller vehicles to access woodland as the use of
larger vehicles (such as forwarders) to extract timber likely to result in extensive
damage to tracks and drainage system.
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Order of operations will generally be areas furthest from Highway, drier areas
during winter months and wetter areas during spring summer.
Timber harvested, cut to cord lengths and stored at transfer point within woodland
before being exported either by lorry or smaller vehicles.
6.
Policy Context
6.1
Applications must be determined in accordance with the Development Plan unless
material considerations indicate otherwise. The statutory development plan in this
area is the Chichester District Local Plan First Review 1999. The relevant policies
to this application are set out in section 7, below.
National Planning Policy Framework (NPPF) and Circular 2010
Government policy relating to National Parks is set out in English National Parks
and the Broads: UK Government Vision and Circular 2010 and The National
Planning Policy Framework (NPPF) which was issued and came into effect on 27
March 2012. The Circular and NPPF confirm that National Parks have the highest
status of protection and the NPPF states at paragraph 115 that great weight
should be given to conserving landscape and scenic beauty in the National Parks
and that the conservation of wildlife and cultural heritage are important
considerations and should also be given great weight in National Parks.
6.2
National Park Purposes
The two statutory purposes of the SDNP designation are:


To conserve and enhance the natural beauty, wildlife and cultural heritage of
their areas;
To promote opportunities for the public understanding and enjoyment of the
special qualities of their areas.
If there is a conflict between these two purposes, conservation takes precedence.
There is also a duty to foster the economic and social well being of the local
community in pursuit of these purposes.
6.3
Relationship of the Development Plan to the NPPF and Circular 2010
In addition to the above it is considered that the following paragraphs and sections
of the NPPF are relevant to the determination of this application:
Paragraphs 14, 17, 18, 19, 118
Sections 3, 7, 11
The draft South Downs National Park Local Plan Preferred Options 2015 was
approved by the South Downs National Park Authority on 16 July 2015. The public
consultation on the document will take place in September and October 2015. The
document and the policies contained therein are now a material consideration
when determining planning applications within the National Park, however at this
stage the policies will carry limited weight.
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The following policies are considered relevant to this application:
SD5 - Landscape Character
SD7 - Safeguarding Views
SD12 - Biodiversity and Geodiversity
SD46 - Agriculture and forestry
6. 4
The South Downs Partnership Management Plan
The South Downs Partnership Management Plan (SDPMP) was adopted on 3
December 2013. It sets out a Vision and long term Outcomes for the National
Park, as well as 5 year Policies and a continually updated Delivery Framework.
The SDPMP is a material consideration in planning applications and has some
weight pending adoption of the SDNP Local Plan.
The following Policies and Outcomes are of particular relevance to this case:
Forestry and Woodland Sector Policy 20
Raise awareness of the inherent values of well-managed woodlands within the
National Park, recognising the contribution of woodland workers in the
maintenance of the wooded landscape and celebrating our strong woodland
heritage.
General Policy 50
Housing and other development in the National Park should be closely
matched to the social and economic needs of local people and should be of
high design and energy efficiency standards, to support balanced communities
so people can live and work in the area.
General Policy 1
Conserve and enhance the natural beauty and special qualities of the
landscape and its setting, in ways that allow it to continue to evolve and
become more resilient to the impacts of climate change and other pressures.
Forestry and Woodland Sector Policy 17
Support woodland owners to access grant schemes aimed at increasing the
area of woodland being managed, to improve biodiversity, age diversity,
productivity, resilience and the protection of archaeological features.
7.
Planning Policy
The following saved policies of the Chichester District Local Plan First Review
1999 are relevant to this application:





RE1 Development In The Rural Area Generally
RE8 Nature Conservation - Non-Designated areas
BE11 New Development
BE14 Wildlife Habitat, Trees, Hedges And other landscape features
TR6 Highway Safety
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8.
Planning Assessment
8.1
The main issues are considered to be the effect of the works on the character and
appearance of the woodland, its status as Ancient Woodland and site of nature
conservation interest (SNCI) and highway safety.
The effect of the works on the character and appearance of the woodland
8.2
The re-surfacing of the existing tracks has been undertaken using crushed,
natural sandstone and in some areas has already become successfully
assimilated into the woodland floor. To that end, the use of this material is
considered to be appropriate and sympathetic to the woodland setting. The tracks
that have been resurfaced link back to the main 'spine' access track and provide
improved access to the south of the woodland and extend east and west along the
northern margin of Copygrove Copse and are coincident with the areas to be
thinned as shown on the Forestry Commission felling licence. The tracks are not
of excessive width, varying between 2.5 metres and 3.5 metres wide and are
considered to be reasonably necessary in order to carry out the approved thinning
operations in the most efficient manner.
8.3
It should be noted that the reason that planning permission is required for the
works is that they were inadvertently carried out without applying for Prior
Approval under Part 6 of the Town and Country Planning (General Permitted
Development) Order 2015 and therefore could not qualify as 'permitted
development'.
8.4
The works are entirely internal to the woodland itself and there is no public access
within it. Therefore it is considered that there is no wider landscape impact
associated with these works which themselves have a limited physical impact on
the woodland character.
The woodland status as Ancient Woodland and SNCI
8.5
The status of the site as Ancient Woodland is a recognition that the land has been
continuously wooded from at least 1600. For that reason, the value of such
woodlands is that they are often rich and varied in biodiversity terms, not just
because of the timber but the development of a particular soil profile and
maintenance of flora and fauna. However, historically such woodlands would
continue to have been managed in one way or another in order to maintain their
usefulness and value for woodland products such as fencing, construction and as
a fuel, for example.
8.6
It is clear from the planning history associated with Copygrove Copse that it has
been actively managed in the past and has been the subject of previous felling
licences as well as woodland planting grants and there is evidence of re-stocking
of broad leaved trees (Oak) in the north eastern part of the woodland. The grant of
such a licence has to have regard to the status of the woodland in question and
ensure that operations are sensitive to it. The operations permitted by the latest
felling licence are thinning operations in particular areas (or 'coups') within the
woodland. This is considered to be part of overall management of the woodland to
ensure that it remains a sustainable resource for the future and would not have an
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adverse impact on the status of the woodland as ancient woodland or as an SNCI.
The Council’s ecologist does not raise objection to the works.
Highway Safety
8.7
Northchapel Parish Council consider that the access to the A283 to be dangerous
but do not qualify why it is considered to be so. Access to the woodland is via an
established access point onto the A283 which has been used in connection with
forestry operations carried out in the woodland since prior approval was granted
for the connecting track to the centre of the woodland in 2009. Visibility from this
access is reasonable in both directions, with the gate set back some distance
from the carriageway edge, allowing larger vehicles to wait clear of the
carriageway itself.
8.8
The Highway Authority records note that there is a low risk of highway safety
issues associated with this access and consider that given the number of
movements of larger vehicles should not materially increase, it would be difficult to
resist the application from a highway perspective. It should be noted that the
purpose of resurfacing the internal woodland tracks is to provide improved
accessibility within the woodland and not in itself to intensify activity to and from
the site. Therefore in the absence of a highway safety objection to the application,
it is considered that the application cannot be refused on this ground.
9.
Conclusion
9.1
It is considered that the works for which retrospective planning permission is
sought are reasonable and acceptable both in terms of the physical construction
of the tracks in material sympathetic to the character of the woodland and in
supporting the active management of the woodland for the future, without adverse
harm to its status as Ancient Woodland. Proactive support for the rural economy
is set out in both the NPPF and the South Downs Management Plan and the
development is also considered to accord with policies BE11 and TR6 of the Local
Plan and the First Purpose of designation of the National Park.
10.
Recommendation
It is recommended that the application be approved subject to the conditions set
out below
1.
The development hereby permitted shall be carried out in accordance with
the following plans:
Plan Type
Plans - Typical Section
Profile
Plans - Location Plan
Plans - 1:5000 plan
identifying extent of
upgrading/repair works
to tracks
Reference
003
Version
001
002
Date on Plan
13.10.2015
Status
Approved
18.09.2015
18.09.2015
Approved
Approved
Reasons: For the avoidance of doubt and in the interests of proper planning.
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02.
Within two months of the date of this planning permission and prior to any
felling of trees authorised by the Felling Licence No 019/208/15-16, details of an
effective vehicle wheel-cleaning facility has been submitted to and approved by
the SDNPA and thereafter installed and retained in working order and operated
throughout the period of work on the site.
Reason: In the interests of road safety and to ensure that vehicles do not leave
the site carrying earth and mud on their wheels in a quantity which causes a
nuisance or hazard on the road system in the locality.
03.
The re-surfacing/extension of the internal forestry access tracks shall be
carried out using locally quarried Fittleworth Stone as specified in the application
form.
Reason: To accord with the terms of the application and to ensure the resultant
development is sympathetic to the character and appearance of this woodland
environment.
11.
Crime and Disorder Implications
It is considered that this planning application does not raise any crime and
disorder implications.
12.
Human Rights Implications
This planning application has been considered in light of statute and case law and
any interference with an individual's human rights is considered to be
proportionate to the aims sought to be realised.
13.
Equalities Act 2010
Due regard, where relevant, has been taken of the National Park Authority's
equality duty as contained within the Equalities Act 2010.
Tim Slaney
Director of Planning
Case Officer Details
Name: Derek Price
Tel No: 01243 534734
Email: [email protected]
Page 144
Appendix 1
Site Location Map
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on
behalf of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised
reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South
Downs National Park Authority, Licence No. 100050083 (2012) (Not to scale).
Page 145
Agenda Item 13
Agenda Item
Report PC
Report to
Planning Committee
Date of Committee 3 February 2016
By
Head of Planning Services
Local Authority
Application No:
SDNP/14/05347/ADV
Validation Date
12 November 2014
Target Date:
7 January 2015
Applicant:
Sussex Wildlife Trust
Proposal:
3 no. pedestrian entrance signs, 4 no. field gate signs, 1 no. car park
sign and 1 no. main introduction board.
Site Address
Stedham Common, A272 Iping Lane to School Lane, Stedham
West Sussex
Purpose of Report The application is reported to Committee for a decision
Recommendation: That the application be Approved for the reasons and subject
to the conditions set out in paragraph 10.1 of this report.
Reason for Planning Committee referral: Parish Council objection - Officer
recommends PERMIT
Executive Summary
The application proposes advertisement consent for signage at various locations
surrounding the Stedham and Iping nature reserve. The signage, by reason of its scale
and design, would not result in harm to the surrounding area as it would appear as
subservient additions on field and pedestrian gates and within the car parking area. This
ensures that the natural beauty of the South Downs National park is conserved and the
application is, therefore recommended for approval.
Chichester District Council, East Pallant House, East Pallant, Chichester, West Sussex, PO19 1TY Email:
Page 146
[email protected]
1.
Site Description
1.1
Stedham Common is sited to the south of Stedham Village, located on the
opposite side of the A272. The common comprises of a large nature reserve (125
hectares), there are two roads, either side of the nature reserve that provide
access to it from the A272, these are Elsted Road and the road which facilitates
access to Minsted.
2.
Relevant Planning History
No relevant planning history
3.
Proposal
3.1
The proposal seeks permission for a number of signs surrounding Stedham
Common, including four field gate signs, which measure 420mm x 297mm (A3)
three pedestrian gate signs measuring 210mm x 297mm (A4), car park sign at the
entrance to the car park measuring 900mm x 300mm. These signs would be
constructed from aluminium. An introduction board located within the car parking
area measuring 2000mm x 1600mm is also proposed. The materials for this
include 'N-viro' laminated aluminium panel with high degree UV and scratch
resistance cork notice board, seasoned oak timber with 125mm square section
legs.
3.2
The proposed signage would be located in different locations surrounding the
nature reserve this includes:
- A field gate sign and pedestrian gate sign along the road facilitating access to
Minsted.
- On the A272 a pedestrian gate sign is proposed.
- Along Elsted Road two field gate signs on the east and west side of the road, a
pedestrain gate sign opposite the car park on the east side of the road, a car
parking sign at the car park entrance and further along the road towards Elsted on
the east side a further field gate sign is proposed
- Within the car park a field gate sign and an introduction board.
3.3
The signage has been developed in response to a public consultation that
demonstrated there is a strong interest in more and better information about the
individual nature reserves, as well as helping the Trust to address some issues
that can cause conflict between different user groups. The signs have, therefore,
been designed and sited to identify the principal access points on to each nature
reserve, to encourage responsible behaviour, to identify the entry point to parking
areas and to orientate visitors on where they can walk and what they may
discover.
Page 147
4.
Consultations
Parish Council Consultee
We note that the formal proposal still reflects the original plan and does not show
the revised sizes of the notices on the substitute plans which we are now
considering. We hope this does not invalidate the application.
SIPC has objections to this application and we refer you to our previous
comments of 15 December 2014.
While we are pleased and grateful that most of the signs in the substitute plans
are smaller, we do have concerns as follows:
Iping Car park sign: This sign is still over 2/3 of its original size and out of keeping
with the natural environment. We hope that it will be placed within the curtilage of
the car park and not on the highway verge.
Field gate and pedestrian gate signs: All the field gates are locked and have
pedestrian gates beside them and it, therefore, seems unnecessary clutter to have
signs on both (for example there would be 6 signs on Minsted Road where there
is no car park). We suggest that A4 signs on some of the pedestrian gates should
be more than adequate.
We hope you will take our comments into consideration when making your
decision.
Stedham with Iping Parish Council
26 October 2015
5.
Representations
4 representations received.
3 letters of objection received regarding the proposed car park sign being too big,
unnecessary and out of keeping with the environment.
6.
Policy Context
6.1
Applications must be determined in accordance with the Development Plan unless
material considerations indicate otherwise. The statutory development plan in this
area is the Chichester District Local Plan First Review 1999. The relevant policies
to this application are set out in section 7, below.
National Planning Policy Framework (NPPF) and Circular 2010
Government policy relating to National Parks is set out in English National Parks
and the Broads: UK Government Vision and Circular 2010 and The National
Planning Policy Framework (NPPF) which was issued and came into effect on 27
March 2012. The Circular and NPPF confirm that National Parks have the highest
status of protection and the NPPF states at paragraph 115 that great weight
should be given to conserving landscape and scenic beauty in the National Parks
and that the conservation of wildlife and cultural heritage are important
considerations and should also be given great weight in National Parks.
Page 148
6.2
National Park Purposes
The two statutory purposes of the SDNP designation are:


To conserve and enhance the natural beauty, wildlife and cultural heritage of
their areas;
To promote opportunities for the public understanding and enjoyment of the
special qualities of their areas.
If there is a conflict between these two purposes, conservation takes precedence.
There is also a duty to foster the economic and social well being of the local
community in pursuit of these purposes.
6.3
Relationship of the Development Plan to the NPPF and Circular 2010
NPPF - 7, 11 and para 67
The draft South Downs Local Plan Preferred Options 2015 was approved by the
South Downs National Park Authority on 16 July 2015. The public consultation on
the document will take place in September and October 2015. The document and
the policies contained therein are now a material consideration when determining
planning applications within the National Park, however at this stage the policies
will carry limited weight.
The following policies are considered relevant to this application:
SD: 6
SD:55
6. 4
The South Downs Partnership Management Plan
The South Downs Partnership Management Plan (SDPMP) was adopted on 3
December 2013. It sets out a Vision and long term Outcomes for the National
Park, as well as 5 year Policies and a continually updated Delivery Framework.
The SDPMP is a material consideration in planning applications and has some
weight pending adoption of the SDNP Local Plan.
The following Policies and Outcomes are of particular relevance to this case:
General Policy 1
Conserve and enhance the natural beauty and special qualities of the
landscape and its setting, in ways that allow it to continue to evolve and
become more resilient to the impacts of climate change and other pressures.
7.
Planning Policy
The following policies of the Chichester District Local Plan First Review 1999 are
relevant to this application:



BE9 (CH)Advertisements
BE11 (CH)New Development
RE1 (CH)Development In The Rural Area Generally
Page 149
8.
Planning Assessment
Principle
8.1
The site is located within an area of special advertisement control Policy BE9 of
the Chichester District Local Plan 1999 states that within these areas applications
will be permitted if 'the size, colouring layout of the advertisement does not detract
from the character and appearance of its surroundings'
8.2
The principle of signage on the site is considered to be acceptable. Justification
has been provided for the need for the signage proposed, to ensure that visitors
are informed about the location of the nature reserve. The siting of the signage is
also considered appropriate given the need for the signage.
Visual amenity
8.3
During the application process negotiations have taken place with the applicant
and the size of the signage has been reduced in size with the colouring of the
signage being changed to a more muted green to enable it to blend in better with
the surrounding area. It is now considered that the proposed signage would read
as subservient additions to the site and would not dominate field and pedestrian
gates. The signage on gate posts is dispersed throughout the perimeter of the
site, and would therefore not have a negative cumulative impact. The introduction
board and parking sign are also considered to be acceptable, and it is noted that
their purpose is for informing people about the nature reserves. The car parking
sign has been reduced in size by a half during the application process, given its
low height it is not considered that the signage would detract from the character
and appearance of the surrounding area. The proposal would therefore conserve
the South Downs National Park, fulfilling the first purpose.
Pedestrian/highway safety
8.4
Given the muted colours of the signage, being a green background with a band of
dark green at the top of the sign it is not considered that the proposal would be
particularly prominent and result in harm to pedestrian and highway safety. It is
noted that all of the signage will be non -illuminated. The car parking signage will
be set at a low enough level and set in from the highway such that there will be no
harm to highways safety.
Residential amenity
8.5
The site of the proposed signage is located away from residential properties,
therefore it is not considered that the proposal would harm any residential
amenity.
9.
Conclusion
9.1
To conclude, the signage by reason of its scale and colour would not result in
harm to the character of the area, conserving and enhancing this part of the South
Downs National Park.
Page 150
10.
Recommendation
It is recommended that the application be approved subject to the conditions set
out below
1.
The development hereby permitted shall be carried out in accordance with
the following plans:
Plan Type
Plans - Location Plan.
Plans - Proposed
Pedestrian Entrance
Sign Plan.
Plans - Proposed Car
Park Sign Plan.
Plans - Proposed
Introduction Board Plan.
Plans - Proposed Field
Gate Sign Plan.
Reference
01
003
Version
B
A
Date on Plan
06.01.2016
06.01.2016
Status
Approved
Approved
005
A
06.01.2016
Approved
006
A
06.01.2016
Approved
004
A
06.01.2016
Approved
Reasons: For the avoidance of doubt and in the interests of proper planning.
01.
The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
Reason: To comply with the provisions of Section 91 (1) of the Town and Country
Planning Act 1990 (as amended)./ To comply with Section 51 of the Planning and
Compulsory Purchase Act 2004
02.
Any advertisements displayed and any site used for the display of
advertisements shall be maintained in a clean and tidy condition to the reasonable
satisfaction of the Local Planning Authority.
Reason: As required by the provisions of the Town and Country Planning (Control
of Advertisements) Regulations 1992.
03.
Any structure or hoarding erected or used principally for the purpose of
display of advertisements shall be maintained in a safe condition.
04.
Where an advertisement is required, under the Control of Advertisement
Act 2007, to be removed, the removal shall be carried out to the reasonable
satisfaction of the Local Planning Authority.
Reason: As required by the provisions of the Control of Advertisement Act 2007.
Page 151
05.
No advertisement is to be displayed without the permission of the owner of
the site or any other person with an interest in the site entitled to grant permission.
06.
No advertisement shall be sited or displayed so as to obscure, or hinder
the ready interpretation of any road traffic sign, railway signal or aid to navigation
by water or air, or so otherwise to render hazardous the use of any highway,
railway, waterway or aerodrome (civil or military).
11.
Crime and Disorder Implications
It is considered that this planning application does not raise any crime and
disorder implications.
12.
Human Rights Implications
This planning application has been considered in light of statute and case law and
any interference with an individual's human rights is considered to be
proportionate to the aims sought to be realised.
13.
Equalities Act 2010
Due regard, where relevant, has been taken of the National Park Authority's
equality duty as contained within the Equalities Act 2010.
Tim Slaney
Director of Planning
Case Officer Details
Name: Charlotte Cranmer
Tel No: 01243 534734
Email: [email protected]
Page 152
Appendix 1
Site Location Map
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on
behalf of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised
reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. South
Downs National Park Authority, Licence No. 100050083 (2012) (Not to scale).
Page 153
Agenda Item 14
PLANNING COMMITTEE
(3 February 2016)
SCHEDULE OF OUTSTANDING CONTRAVENTIONS
1.
This report presents the Schedule of Outstanding Planning Enforcement Contraventions. The
report updates the position on those contraventions included on the previous schedule and those
cases that have since been authorised. It is not a full list of enforcement cases. Please note that
from 1st April 2012 all new complaints within the national park are being registered on the SDNP
system. Those complaints received prior to 31st March 2012 will remain on the CDC system until the
file is closed.
Statistics as at 31st December 2015
2.
Case Numbers:
CDC
On hand as at last
report:
Cases received since
last report:
Cases closed since
last report:
Current number of
cases on hand:
3.
SDNP cases (on
SDNP system)
Total
323
SDNP cases (included
in CDC figures but
remaining on CDC
system until closed)
8
124
447
84
0
39
123
110
0
51
161
297
8
112
409
Breakdown by year
Breakdown of the outstanding cases are as follows:
Outstanding cases logged Pre- Enforcement Strategy (pre 2009)
Outstanding cases logged in 2010
Outstanding cases logged in 2011
Outstanding cases logged in 2012 (CDC System)
Outstanding cases logged in 2012 (SDNP System)
4.
10
9
14
17
2
22
14
42
19
183
77
Performance Indicators financial year 2015/16 CDC area only:
a. Acknowledge complaints within 5 days of receipt (371 complainants)
b. Time taken to initial visit from date of complaint:
Low within 20 days (225)
Medium within 10 days (69 Cases)
High with 2 days (12 Cases)
Page 154
E:\ChichesterModerngov\Data\AgendaItemDocs\6\5\6\AI00002656\$ag34bvbu.doc
98%
94%
100%
97.5%
c. Time taken to notify complainants of action decided from date of complaint:
Low within 35 days (249 Cases)
99%
Medium within 20 days (75 Cases)
100%
High within 9 days (12 Cases)
100%
d. Notices served within 10 days of authorisation (8 Cases)
between 01.10.15 to 31.12.15
100%
5.
Performance Indicators are not available for cases within the South Downs National Park
6.
Notices Served.
Notices Served:
01 Oct to 31 Dec
CDC
SDNP
8
2
Enforcement Notices
Breach of Condition Notices
Stop Notices
Temporary Stop Notices
Section 215 Notices
High Hedge Remedial Notices
Tree Replacement Notice
Total 8
Total in FY 2015/16
CDC
SDNP
27
4
1
10
2
38
4
7. If Members have any specific questions on individual cases, these should be directed to the
contact officer, Shona Archer, Enforcement Manager (01243 534547)
Page 155
CON NO.
(Case Officer)
BY/SDNP/15/
00336/COU
(Reg Hawks)
OUTSTANDING CONTRAVENTIONS – SOUTH DOWNS NATIONAL PARK
ADDRESS
DETAILS OF BREACH Date of
COMMENTS
EN = Enforcement Notice/BCN = Breach of Condition Notice
Notice
HHRN = High Hedge Notice/TSN = Temporary Stop Notice
SN = Stop Notice/HRN = Hedge Replacement Notice
Land North of
Without planning
06.08.15 EN BY/22 issued
Appeal lodged and conjoined with planning appeal
Junction B2138,
permission the
Bury
stationing of a mobile
14/0485/FUL – Public Inquiry (date tbc)
home for human
habitation
Page 156
DN/SDNP/13/
00516/COU
(Reg Hawks)
Down View Farm
Burton Park Road
Duncton
Petworth
GU28 0JT
Change of use to a
mixed use for
equestrian purposes
and stationing of a
mobile home for the
purposes of human
habitation
11.04.14
EN DN/5 issued
Compliance date 23.11.14
13.05.15 – email received – static caravan to be removed;
11.06.15 – site inspection – no change ;
28.07.15 – no change
25.09.15 – email sent requesting an update
25.01.15 – no response has been forthcoming. It is known that
the caravan is unoccupied however it is proposed that the site
is visited to confirm cessation of the use.
EB/SDNP/14/
00141/215SEC
(Reg Hawks)
Land south west of
Tamia
Hollist Lane
Easebourne
GU29 9AD
Untidy Land
21.11.14
EB/6 S215/23 issued
25.03.15 – site visit showed non-compliance
26.03.15 – Letter before action sent;
29.07.15 – case review – no response from respondent.
02.11.15 - prosecution proceedings forwarded to Legal
Services.
30.11.15 – authorised to commence prosecution proceedings
08.01.16 – Court hearing. Defendant found guilty in their
absence. Costs awarded £1053. Court collection order made.
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
ES/11/00308/
EACCNP
(Shona Archer)
Land at Rother
Farm
Fitzhall Road
Elsted
Midhurst
GU29 0JS
Untidy Land
06.12.11
Page 157
COMMENTS
S 215 Notice issued. Compliance date 17.04.12
13.07.12 – Appeal Hearing at Worthing Mags Court. Costs
awarded in the Council’s favour £1433.70 – £1,320 legal
costs and £113.70 investigation costs.
30.06.15 – New owners agreed to carry out the works.
06.07.15 – Owners state they wish to return field to a
meadow and remove the imported material
21.09.15 –Confirmed that the material will be removed from
the land in the next 2-3 weeks. Some surfacing material to be
retained and used as a dry feeding area for livestock – this
would be PD under Part 6 GPDO.
Officers have spoken with the new owner of the land who
appears to be undertaking works of compliance.
W/C 25.1.16 – site visit to be carried out
ADDRESS
DETAILS OF BREACH
Date of
Notice
FH/11/00487/
EAGRNP
FH/10/00140/
ESHNP
(Reg Hawks)
Land at
Brackenwood
Telegraph Hill
Midhurst
GU29 0BN
Change of use of the
land to a mixed use
comprising of
equestrian use and
agriculture, namely the
keeping and training
polo ponies
11.02.13
FH/11/00487/
EAGRNP
FH/10/00140/
ESHNP
(Reg Hawks)
Land at
Brackenwood
Telegraph Hill
Midhurst
GU29 0BN
Construction of
buildings, horse walker
fencing, hardstanding,
trailer ramp, access
track, parking area and
exercise track.
11.04.13
Page 158
CON NO.
(Case Officer)
COMMENTS
EN FH/22
Appeal lodged – Public Inquiry
11.06.13 - application for retention of the operational
development refused (SDNP/13/1290/FUL). Appeal lodged.
15-17.10.13 and 08.11.13 – Planning Inquiry held
07.01.14 - Appeals dismissed/notice upheld with corrections
and variations. Application to appeal to the High Court lodged
03.04.14 – Leave to appeal to the High Court refused.
New compliance date of 03.10.14 following refusal of
application to High Court to challenge PINs decision
13.04.15 - Planning application received for retaining some of
the unauthorised development on site; a number of stables
and a wash down area have been removed from the land.
17.04.15 – prosecution withdrawn pending outcome of fresh
planning application.
14.09.15 - SDNP/15/01024/FUL - application refused.
15.01.16 – s78 appeal in progress.
EN FH/23
Appeal dismissed, notice upheld with corrections/variations.
03.10.14 – New compliance date.
09.12.14 – Site visit showed non-compliance with the notice
15.12.14 – Prosecution papers forwarded to Legal Services
05.01.15 – Legal Services authorised to commence
prosecution proceedings.
17.04.15 - prosecution withdrawn pending outcome of fresh
planning application.
14.09.15 - SDNP/15/01024/FUL application refused.
14.01.16 – s78 appeal in progress.
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
FH/10/00560/
EENGNP
(Reg Hawks)
Land North East of
Court Farm
Miggs Lane
Fernhurst
GU27 3EZ
Erection of a
dwellinghouse in the
approximate position
shown on the attached
plan.
05.12.12
Page 159
COMMENTS
EN FH/21 issued
Appeal decision received – Enforcement Notice upheld
New compliance date of 19.03.14
04.04.14 – site visit revealed non-compliance
10.07.14 – site visit - work started on dismantling the cabin
24.09.14 – site inspection - doors and windows removed.
04.02.15 – Longer compliance period requested as
demolition works are taking place.
28.04.15 – Site inspection revealed structure still standing
albeit with no windows and empty.
22.06.15 – letter before action sent;
01.10.15 – owner confirmed site will be cleared by Monday
12 October 2015.
20.10.15 – email stating works to remove the structure
continuing.
25.01.16 - Roof dismantled but works to remove the resulting
materials from the land halted by poor ground conditions.
Further compliance check to be carried out in 3 months
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
FU/08/00230/
EWSTNP
(Shona Archer)
The Old Post Office
Southbrook Road
West Ashling
Chichester
West Sussex
PO18 8DN
Untidy building and
land
04.02.11
Page 160
COMMENTS
S215 Notice issued
09.10.13 – Defendant was found guilty in their absence. The
court imposed the maximum fine of £1,000 together with a
victim surcharge of £100 and costs of £438.65
No further contact with the owner and so notice of intended
action displayed on site
29.9.14 - works in default are being considered. This action
has now been approved by SDNP.
02.12.14 – The initial quote for work to be undertaken is
£26,784 inc VAT against the works required in the s215 notice
and additional work to prevent further decay at the rear of the
building. Potentially this is a building at risk Two further quotes
secured.
13.04.15 – meeting held on site with representatives from
SDNP. The Parks Heritage Officer considers the building is in
a very poor state of repair and stability. Urgent works to LB to
be considered.
23.04.15 - Officers from CDC and SDNP carried out a full
assessment of the property. Access to the building was made
under powers of entry.
08.07.15 – The SDNPA considers it necessary to take Direct
Action and issue an urgent repairs notice. An internal meeting
to discuss this has taken place; awaiting information from
SDNP
01.10.15 – Meeting with SDNP. Officers have been asked to
consider costs associated with carrying out basic works to
make good the property as opposed to full repair works and
the risks associated with each option.
09.02.16 – meeting with SDNP officers arranged to decide
action to be taken. The person claiming ownership has until the
end of February 2016 to undertake works of improvement.
Page 161
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
G/SDNP/14/
00483/OPDEV
(Shona Archer)
Land at Summers
Farm
Graffham Road
East Lavington
Petworth
Without planning
12.10.15
permission the
formation of a means of
access onto a classified
road
NC/SDNP/14/
00373/OPDEV
(Reg Hawks)
Land west of
Stillands
Shillinglee Road
Northchapel
The creation of an earth 22.01.15
bund
EN NC/14 issued
Appeal dismissed with variation to compliance period
New compliance date 20.05.16
HART/SDNP/
13/00420/
BRECON
(Shona Archer)
2 Ryefield Barns
West Harting
Without planning
permission the creation
of a patio
03.11.15
EN HT/33 issued
SE/SDNP/15/
00136/OPDEV
(Reg Hawks)
Manor Farm
Singleton
Chichester
West Sussex
Without planning
permission the creation
of a sand school/riding
area
05.06.15
EN SE/3 issued
Appeal lodged – Written Representation
12.01.16 – PINs site visit.
Decision awaited.
SJ/SDNP/12/
00135/UCU
(Shona Archer)
Home Barn
Minsted Lane
Minsted
Stedham
Use of land as garden
14.01.15
Enforcement Notice SJ/22 issued
03.07.15 – Site visit showed no compliance with the notice.
13.07.15 – letter before action sent.
16.07.15 – following site visit, owner has provided photograph
of fence erected in compliance with the notice.
16.10.15 – site visit arranged
Notice complied with. Remove from next list
COMMENTS
EN G/3 issued
Notice complied with.
Remove from next list
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
WD/SDNP/13/
00121/GENER
(Reg Hawks)
The Dean and
Cider House
A286
West Dean
Installation of a
biomass boiler chimney
flue
07.10.14
Page 162
COMMENTS
EN WD/16 issued
Non-compliance resulted in a prosecution case.
26.05.15 - Defendant contacted Legal to advise that he would
make a fresh application. No application was received and so
a Plea hearing took place in July with the matter adjourned for
trial on 25.09.15.
17.07.15 - SDNP/15/03580/FUL submitted for moving the
chimney flue to an alternative position;
25.09.15 – Court hearing adjourned pending determination of
the application.
25.01.16 – application still pending consideration (awaiting
further information and comments from EHO)
Page 163
Chichester District Cases:
CON NO.
ADDRESS
(Case Officer)
Notice
BI/14/00270/
CONADV
(Reg Hawks)
The Barnyard
Birdham Road
Birdham
Prosecution for
displaying unauthorised
advertisements
BI/15/00139/
CONSH
(Shona Archer)
Land North West
of Premier
Business Park
Birdham Road
Chichester
Engineering operations
consisting of
hardsurface, scalpings
and the movement of
soil
02.09.15
Temporary Stop Notice TSN/40 issued
Ceases to have an effect on 29.09.15
See entry for Prosecution for non-compliance with TSN’s 40
and 41
BI/15/00139/
CONSH
(Shona Archer)
Land North West
of Premier
Business Park
Birdham Road
Chichester
Importation of material,
engineering operations,
hardsurface, scalpings
and the formation and
laying of a
hardstanding
03.09.15
Temporary Stop Notice TSN/41 issued
Ceases to have an effect on 01.10.15
See entry for Prosecution for non-compliance with TSN’s 40
and 41
COMMENTS
15.01.15 – Prosecution papers forwarded to Legal Services
29.01.15 – Prosecution authorised and case now
progressing towards a court hearing.
22.05.15 – Court hearing. Defendant made an application for
Advertisement Consent which was refused in May 2015.
Matter adjourned to 28th August 2015 for trial
28.08.15 – Court hearing. Defendant pleaded guilty. The
Court noted the guilty plea and gave an absolute discharge.
Court costs £200 (contribution basis).
01.09.15 – letter before action sent by Legal Services
requiring full compliance by 01.11.15;
14.01.16 – it appears that the ‘totem’ advertisement remains
on display. A further site visit will now be carried out to
reassess current situation.
Page 164
CON NO.
(Case Officer)
ADDRESS
Notice
BI/15/00139/
CONSH
(Shona Archer)
Land North West
of Premier
Business Park
Birdham Road
Prosecution for noncompliance with TSN’s
40 and 41
(all owners)
BI/15/00194/
CONTRV
(Reg Hawks)
Plot 1S - Land
North West of
Birdham Farm,
Birdham Road,
Chichester
Without planning
permission the
home for the purposes
of human habitation
06.05.15
BI/15/00194/
CONTRV
(Reg Hawks)
Plot 2H - Land
North West of
Birdham Farm,
Birdham Road,
Chichester
Without planning
permission the
of human habitation
06.05.15
EN BI/24 issued
Appeal lodged – Public Inquiry 07.04.16 – Committee Rm 1
Ground (g) appeal only linked to s78 appeal re
BI/15/01288/FUL
BI/15/00139/
CONSH
(Reg Hawks)
Land North West
of Premier
Business Park
Birdham Road
Chichester
Without planning
permission erection of
a stable building
10.08.15
EN BI/29 issued
Compliance date: 21 December 2015
07.01.16 – site visit to check compliance with the notice.
No change. However, the Council has received notification
that the site has changed ownership – further enquiries to be
made re land ownership.
BI/15/00139/
CONSH
(Shona Archer)
Land North West
of Premier
Business Park
Birdham Road
Without planning
21.09.15
permission excavation,
deposit of hardcore and
erection of gates and
fences
COMMENTS
21.10.15 - prosecution papers sent to Legal Services
18.11.15 – statements amended in accordance with
instructions form Legal Services.
05.01.16 - Affidavit prepared in conjunction with further
application for Injunction.
EN BI/23 issued
Linked to s78 appeal re BI/15/01287/FUL
04.12.15 – s78 appeal withdrawn
13.01.16 – s174 appeal withdrawn.
New compliance date:13.07.16
EN BI/30 issued
Linked to appeals above
Page 165
CON NO.
(Case Officer)
ADDRESS
Notice
BI/15/00139/
CONSH
(Shona Archer)
Land North West
of Premier
Business Park
Birdham Road
Prosecution for
breaching the court
undertaking for
hardstandings
(Smith)
BX/11/00276/
CONMHC
(Reg Hawks)
Land west of
Oakwood Livery
Yard
Tinwood Lane
Eartham
land to the stationing of
a mobile home for the
purposes of human
habitation.
CC/13/00278/
CONLB
(Shona Archer)
Carphone
Warehouse
1North Street
Chichester
PO19 1LB
Without consent the
04.12.13
attachment of adhesive
coverings and panels at
the windows
13.06.13
COMMENTS
27.07.15 – authority given to prosecute
05.10.15 – County Court authority given to serve notice by
post
02.11.15 – County Court trial – defendant found guilty in his
absence. Sentencing set for 30.11.15
30.11.15 - The defendant has been given until 28th
December to submit evidence of the purported transfer and
make an application to have the existing judgement
overturned (known as a set aside). The Council has until 8th
January 2016 to respond. The hearing of the application to
set aside is listed for 27.01.16.
EN BX/9 issued
Appeal lodged – written representation
Appeal determined – enforcement notice upheld with
variations (compliance period of 2 years)
EN CC/110 issued. Compliance date 15.04.14
04.04.14 – Window sticker removed and LBC application
received for amendment (14/00824/LBC)
02.07.2014 – Application refused. Proceed to prosecution
25.9.14 –proceedings suspended pending the outcome of
negotiations on window treatments
16/1/2015 –14/03918/LBC remains pending at this time.
09.02.15 – application refused.
15.04.15 –Partial compliance now achieved with removal of
the opaque film/removal of the internal panels.
01.10.15 - prosecution paperwork commenced.
06.11.15 – Notice complied with. Remove from next list
Page 166
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
CC/14/00033/
CONADV
(Shona Archer)
Heamoor Pizza
9 St Pancras
Chichester
Attachment of a fascia
advertisement board to
the front façade
14.10.14
CC/14/00057/
CONADV
(Shona Archer)
Papa John’s
36 The Hornet
Chichester
Attachment of strip
down lighting for the
purpose of illuminating
the fascia
advertisement and
hanging sign
14.10.14
EN CC/123 issued
04.02.15 – partial compliance achieved
15.04.15 – down lighting remains on hanging sign
09.07.15 – negotiations with DM team about application
01.10.15 – letter before prosecution sent
06.11.15 – Notice complied with. Remove from next list
CH/15/00151/
CONDWE
(Reg Hawks)
Land at
Cockleberry Farm
Main Road
Bosham
Without planning
permission, change of
use of the land to use
for the stationing of a
mobile home for
purposes of human
habitation
17.08.15
EN CH/51 issued
CH/15/00151/
CONDWE
(Reg Hawks)
Land at
Cockleberry Farm
Main Road
Bosham
Without planning
permission, the
erection of a
dwellinghouse
17.08.15
EN CH/53 issued
COMMENTS
LBEN CC/124 issued
01.10.15 – authority to prosecute obtained
02.10.15 – legal services to be instructed
14.10.15 – authorised to commence prosecution
26.01.16 – Court Hearing
Page 167
CON NO.
(Case Officer)
ADDRESS
DETAILS OF
BREACH
Date of
Notice
CH/14/00181/
CONMHC
(Shona Archer)
Field West of Five
Oaks
Newells Lane
Chichester
West Sussex
Without planning
09.12.14
permission the laying of
hardcore and the
home for the purpose
of human habitation
CH/14/00181/
CONMHC
(Shona Archer)
Field West of Five
Oaks
Newells Lane
Chichester
West Sussex
Use of the land for the
home for human
habitation
09.12.14
Stop Notice CH/50 issued with EN CH/49
See above
CH/11/00538/
CONBC
(Reg Hawks)
Five Oaks Stud
Without planning
Farm, Newells
permission erection of
Lane, West Ashling a building
Chichester
07.08.15
EN CH/52 issued
Appeal lodged – Hearing (date tbc)
CH/14/00292/
CONBC
(Shona Archer)
Paddock View
Drift Lane
Chidham
Chichester
The erection of a stable
building and the
construction of a
concrete hard standing.
03.11.14
EN CH/46 issued
09.04.15 – works of compliance taking place
26.06.15 – concrete base remains.
02.10.15 – letter sent to owner to remind them of the need to
comply
22.01.16 – site visit
CH/14/00292/
CONBC
(Shona Archer)
Paddock View
Drift Lane
Chidham
Chichester
The stationing of a
mobile home for the
purpose of human
habitation
03.11.14
EN CH/47 issued
09.04.15 – partial compliance achieved. Mobile home has
been removed. Boundary wall remains.
COMMENTS
EN CH/49 issued
Appeal lodged – Hearing date 10.12.15.
Awaiting decision
Page 168
CON NO.
(Case Officer)
ADDRESS
DETAILS OF
BREACH
Date of
Notice
E/13/00277/
CONMHC
(Reg Hawks)
Land north of
Marsh Farm Barn,
Drove Lane,
Earnley,
PO20 7JW
Without planning
permission change of
use of the land to the
storage of a caravan
and items on the land
28.05.14
E/14/00118/
CONCOU
(Reg Hawks)
Land at Marsh
Farm Barn
Drove Lane
Earnley
Without planning
stationing of caravans
for the purposes of
human habitation and
the formation of an
access track
14.09.15
EN E/26 issued
Appeal lodged – Hearing (date tbc)
E/14/00348/
CONCOU
(Steven Pattie)
107 First Avenue
Almodington
Batchmere
Without planning
storage of caravans,
caravan trailers, boats
and domestic items
14.12.15
EN SY/63 issued
Appeal lodged
COMMENTS
EN E/23 issued
New compliance date agreed 10.11.14
16.04.15 – site visit revealed partial compliance achieved
22.04.15 – letter requesting final items removed
07.07.15 - Letter before action sent for failure to remove the
remaining items from the land;
08.10.15 – site visit revealed work ongoing to tidy up the land
04.11.15 – letter sent to agent with a request to arrange
removal of electricity control panel.
20.01.16 – a hen house and the electricity panel remain
within the red edge of the enforcement notice. It is not
considered expedient to prosecute for failure to comply in
relation to these two narrow issues of the notice. Officers to
write a report, under delegated authority, recommending that
no further action be taken in respect of these matters.
CON NO.
(Case Officer)
ADDRESS
DETAILS OF
BREACH
Date of
Notice
FU/06/00384/
CONAGR
(Shona Archer)
Land west of
Moutheys Lane
East Ashling
land to storage of
wooden pallets, boxes,
scrap metal, household
goods, disused
vehicles and
storage/sale of building
materials
11.09.07
Page 169
COMMENTS
EN issued
7.3.13 – site meeting with EA and owners son who now
occupies the land with his 12yr old daughter. A further person
lives in a touring caravan. EA required the land to be cleared
but raised concerns about the method of disposal. Site to be a
monitored and new action taken where appropriate
20.6.13 – site visit with police, EHOs and EA
22.07.14 – interviews conducted under caution
02.10.14 – letter before action sent to owner
04.02.15 – EA to prosecute
26.06.15 – observations of the site show that the land remains
in use for the keeping and disposal of waste.
9.7.15 – email received from EA stating that they had
commenced a prosecution in relation to use of land for
disposal of waste. Officers to liaise with EA and await
outcome of their proceedings.
01.10.15 – EA requested to update on status of prosecution.
20.1.16 – no update has been received. This matter will now
be progressed to conclusion.
ADDRESS
DETAILS OF BREACH
Date of
Notice
FU/11/00071/
CONBC
(Reg Hawks)
Land South of
Tower View
Nursery
Scant Road East
Hambrook
Breach of condition –
provision of a scheme
for foul and water
surface drainage
02.04.12
FU/06/00297/
CONMHC
(Reg Hawks)
1 Tower View
Nursery
West Ashling Road
Funtington
Chichester
PO18 8UD
Use for the stationing of 23.06.10
purposes of human
habitation and use of
part of a building for
residential purposes
and; Use for the
storage of disused
lorries, vans, cars and a
touring caravan.
Page 170
CON NO.
(Case Officer)
COMMENTS
BCN FU/52 issued. Compliance date 02.05.12
18.07.13 – Owner did not attend site meeting. Site occupied
in ad hoc manner. Drainage arrangements still not discharged
17. 07.14 – Conditions compliance site visit carried out. On
site drainage and facilities provided but details of the works
installed has not received approval
26.01.15 – Site visit with EA. Some works carried out.
Ongoing improvements requested
13.04.15 – Drainage engineer monitoring surface water
discharge and EA to confirm whether evidence has been
provided to demonstrate that the septic tank is emptied on a
regular basis.
23.06.15 – occupier of the land states that drainage is now
operational.
08.10.15 – site inspection to be carried out
20.1.16 – documentation now received that shows the
drainage arrangements in place are operating effectively.
Case to be closed.
EN FU/47 issued - Compliance date of 04.02.11
10.01.12 - Site visit - mobile home no longer used as
residential accommodation, but the former farm shop in use
as a dwelling. EN does not cover with this use
04.09.12 – LDC application submitted for use as a
dwellinghouse ref: 12/02253/ELD;
08.10.13 – LDC application refused;
07.07.14 - The long term residential occupation of the site
was considered having regard to the occupier’s personal
circumstances and the Human Rights Act
14.04.15 –Further EN FU/58 issued directed at the use of the
building as a dwellinghouse in its own right as discussions
with owner have not advanced the case (see below).
See Below. Site visit to be carried on or after 16.03.16
Page 171
CON NO.
(Case Officer)
ADDRESS
Notice
FU/06/00297/
CONMHC
(Reg Hawks)
1 Tower View
Nursery
West Ashling Road
Funtington
Chichester
PO18 8UD
Change of use of a
building to use as a
single dwellinghouse
05.08.15
FU/15/00237/
CONTRV
(Shona Archer)
Land south of the
Stables,
Scant Road East
West Ashling
Without planning
permission, creation of
a hardstanding, deposit
of waste and infilling of
a ditch
23.07.15
EN FU/59 issued
FU/15/00237/
CONTRV
(Shona Archer)
Land south of the
Stables,
Scant Road East
West Ashling
Importing of waste and
use and compaction to
create a hardstanding
29.07.15
SN FU/60 issued
Notice becomes effective 01.08.15
02.10.15 - Prosecution Proceedings instigated against
contravention of the notice
09.11.15 – authority given to prosecute.
11.12.15 – Magistrates’ Court Hearing further court attendance
on 26.01.16
5.1.16 – officers were contacted by Mr Michael Connors who
gave details of his legal adviser. Mr Connors stated that his
son Miley owns the land and not him. He also stated that the
works were done outside of the 28 day period of the notice.
22.01.16 – in light of the change in ownership and the ‘new’
evidence officers to re- commence prosecution proceedings.
COMMENTS
02.01.15 – authority given to issue notice FU/58
13.1.15 – meeting with owner to discuss his circumstances.
Review of evidence submitted with ELD application taking
place before EN is issued to require occupation of building to
cease
EN FU/58 issued
ADDRESS
Notice
HN/09/00331/
CONENG
(Reg Hawks)
Land at Garnet
Cottage
Hunston Road
Chichester
PO20 1 NP
Without planning
use of land to the
storage of a mobile
home and builders
rubble and/waste
23.08.10
HN/12/00216
CONMHC
(Reg Hawks)
Garnet Cottage
Hunston Rd
Hunston
PO20 1NP
purposes of human
habitation
10.01.13
Page 172
CON NO.
(Case Officer)
COMMENTS
EN HN/17 & HN/18 issued
14.04.14 – Hearing into non-compliance with EN adjourned as
defendant did not attend. Matter re-listed for 19.05.14 for trial.
Defendant failed to appear. Warrant for arrest issued;
04.09.14 – site visit. Most of the rubble removed. Further 28
days to achieve compliance;
01.10.14 - Site visit carried. Owners health is an issue and
instructions are awaited in respect of Power of Attorney;
11.2.15 – Resident of land visited EPH they were unable to
demonstrate their authority to act on the owners behalf.
01.10.15 – It is not considered expedient to pursue further
enforcement proceedings relating to the redistribution of soil
on the land at the rear of the Cottage. Waste has been
removed from the land. Closure of this case will now be dealt
with under delegated powers setting out the details of the
case and the current use and condition of the land.
21.1.16 – this case will now be managed to a conclusion
having regard to the circumstances of the owner, the
occupiers of the land and changes in the land.
EN HN/20 issued
08.01.14 - Site visit carried out. Mobile home still in situ.
16.01.14 – letter requesting compliance with the notice
10.02.14 – Human Rights audit conducted
07.07.14 – case under review because occupier of the mobile
homes is acting as a house keeper/carer for the landowner;
04.09.14 – site visit – no change from above.
01.10.15 – It has been difficult to engage with persons about
this matter. Prosecution of the occupier of the MH to be
considered.
21.1.16 – this case will now be managed to a conclusion
having regard to the circumstances of the owner, the
occupiers of the land and changes in the land.
ADDRESS
DETAILS OF BREACH
Date of
Notice
O/03/00173/
CONMHC
(Shona Archer)
Decoy Farm
Decoy Lane
Aldingbourne
Construction of partially
completed building.
Change of use of land
for storage of motor
vehicles etc
01.07.05
O/15/00277/
CONHH
(Reg Hawks)
Tapners Barn
Marsh Lane
Merson
Oving
Without planning
permission the erection
of an extension
23.11.15
Page 173
CON NO.
(Case Officer)
COMMENTS
ENs issued. Appeal dismissed,
10.12.08 – Court - imposed a 12 months conditional
discharge and costs of £1200
17.08.11 - meeting with owners to discuss ownership,
compliance and agricultural justification of items on the land
13.11.13 – Court case adjourned
18.11.14 – Trial at Chichester Magistrates Court.
Adjournment by defendant agreed – return to court March ‘15
13.03.15 – At trial the defendants were found guilty and fined
£7240 in fines plus Council costs of £2342.09. Total sum of
£9582.09
09.7.15 – visit to property has revealed minor improvement.
Matter to be put forward for direct action. Report in progress
21-9-2015 – Direct Action report drafted
01.10.15 – Draft report which includes quotes from
contractors, will be brought before members once clarification
of the procurement process and the legal position for clearing
the land has been obtained
09.12.15 – Direct Action authorised by Planning Committee.
11.01.16 – Letter sent to preferred contractor confirming
decision and requesting methodology statement and risk
assessment
20.1.16 – contact with contractor continuing to advance a
date for starting works of compliance
EN O/23 issued
CON NO.
(Case Officer)
ADDRESS
Notice
PS/10/00761/
CONMHC
(Reg Hawks)
Land north of Ifold
Copse (Nell Ball)
Dunfold Road
Plaistow
land for the mixed use
for agriculture and
home for purposes of
human habitation
PS/13/00214/
CONAGR
(Reg Hawks)
Land north of Ifold
Copse (Nell Ball
Farm)
Dunfold Road,
Plaistow
The erection of a food
29.08.13
preparation and egg
packing bldg, workshop
& two container storage
buildings
24.10.12
Page 174
COMMENTS
EN PS/43 issued
Appeal lodged – Hearing held on 16.04.13 (Old Court Room)
03.07.13 – Appeal Decision – appeal dismissed and EN
upheld. New compliance date 04.01.14
01.04.14 –application made for retention of the mobile home
as permanent dwelling 14/00460/FUL;
22.05.14 - application refused – prosecution action recommenced for failure to comply with PS/43
22.09.14 – letter from Legal making it clear that defendants
have a deadline of 4 weeks to submit a planning application;
20.11.14 – revised application refused on 20.03.15
04.06.15 – further site inspection showed no change;
08.07.15 – matter to be returned to court .
01.10.15 – response from legal awaited;
20.03.15 – Refused - 14/03983/FUL for retention of existing
mobile home as a permanent dwelling.
18.09.15 - S78 appeal lodged
20.09.15 – prosecution deferred pending outcome of s78
planning appeal.
25.01.16 – appeal still in progress
EN PS/46 issued
Appeal decision received – enforcement notice upheld;
25.03.15 – site visit confirmed non-compliance with the
notice
04.06.15 – prosecution papers forwarded to Legal Services
04.08.15 -authorisation to proceed with prosecution
13.01.16 – prosecution action deferred until 12.02.16
pending discussion with planners to submit fresh application.
Page 175
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
PS/14/00378/
CONCOM
(Reg Hawks)
Land north of Ifold
Copse (Nell Ball
Farm)
Dunfold Road,
Plaistow
The erection of a
building (kitchen/food
preparation unit)
22.01.15
PS/13/00015/
CONAGR
(Reg Hawks)
Crouchland Farm,
Rickmans Lane,
Plaistow
Without planning
use of the land from
agriculture to a
commercial biogas
plant
15.07.15
PS/13/00015/
CONAGR
(Reg Hawks)
Crouchland Farm
Rickmans Lane
Plaistow
Without planning
permission, the
installation,
construction,
engineering operations
and deposit of earth in
connection with a
commercial biogas
plant
15.07.15
COMMENTS
EN PS/53 issued
09.09.15 – site visit showed non-compliance with the notice
11.09.15 – letter before action sent
23.11.15 – Prosecution paperwork forwarded to Legal
Services
22.12.15.- Authorised to proceed with prosecution
proceedings.
13.01.16 – prosecution action deferred until 12.02.16 pending
discussion with planners to submit fresh application
EN PS/54 issued
Appeal lodged – Public Inquiry to be held after decision taken
at appeal in relation to the refused application for a certificate
of lawful use has been issued.
EN PS/55 issued
Appeal lodged – Public Inquiry to be held after decision taken
at appeal in relation to the refused application for a certificate
of lawful use has been issued.
Page 176
CON NO.
(Case Officer)
ADDRESS
Notice
SB/11/00504/
CONENG
(Shona Archer)
Land South of
Newells House
Hambrook Hill
South
Hambrook
PO18 8UJ
Untidy Land
24.06.13
SB/11/00022/
CONDWE
(Shona Archer)
Acre View
RBS Nurseries
Thornham Lane
Southbourne
Emsworth
Without planning
use of the land
occupied by the
buildings for use as
singe dwellinghouses
18.08.15
SB/108 issued
Application 15/02508/FUL submitted for Continuation of use
of building as a single dwellinghouse refused
Appeal lodged – Public Inquiry 24/25.05.16
SB/11/00022/
CONDWE
(Shona Archer)
Willow Cottage
RBS Nurseries
Thornham Lane
Southbourne
Emsworth
Without planning
use of the land
occupied by the
buildings for use as
singe dwellinghouses
18.08.15
SB/109 issued
Application 15/02509/FUL submitted for Use of building as a
single dwellinghouse refused
Appeal lodged – Public Inquiry 24/25.05.16
SB/14/00313/
CONMHC
(Shona Archer)
Land to the North
of Marina Farm
Thorney Road
Southbourne
Without planning
permission the
of human habitation.
20.10.15
EN SB/111 issued
Appeal lodged – Hearing 01.06.16 (Committee Rm 2)
COMMENTS
S215 Notice S215/17 issued. Compliance date 05.11.13
02.04.14 - Agreement with landowner that implementation of
planning permissions 12/00108/FUL (Barn) and
11/03193/FUL (Stables) will use remainder of material
02.07.2014 – applications made to discharge conditions
17.04.15 – clearance has taken place but some materials
remain on the land.
09.7.15 – Permission granted on 19.06.15 for erection of hay
barn and stables. Material is due to be used in site
preparation by August.
01.10.15 – works of compliance ongoing
Page 177
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
SB/15/00274/
CONCOU
(Shona Archer)
Reedmans Yard
Prinsted Lane
Prinsted
Emsworth
Hampshire
PO10 8HS
land to a mixed use
comprising agriculture
and the storage of cut
logs, two x touring
caravans, a 4x4
vehicle, a derelict car,
window frames and
doors, waste building
materials and four
trailers.
03.11.16
SI/14/00397/
CONMHC
(Reg Hawks)
Land at Church
Farm, Church
Farm Lane
Sidlesham
Without planning
of human habitation
14.09.15
EN SI/68 issued
SI/15/00157/
CONMHC
(Reg Hawks)
Land south of
Green Lane
Piggeries,
Ham Lane
Sidlesham
Without planning
permission, stationing
of a mobile home for
the purposes of human
habitation
13.05.15
EN SI/67 issued
Appeal lodged – Hearing 09.02.16 – Committee Rm 2
COMMENTS
EN SB/110 issued
Page 178
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
SI/13/00078/
CONENF
(Shona Archer)
Living Elements
1 Keynor Lane
Sidlesham
PO20 7NL
said part of the building
(first floor)to use as a
single dwellinghouse
24.06.13
SI/14/00012/
CONMH
(Reg Hawks)
Willowdene
Fletchers Lane
Sidlesham
Chichester
Change of used of the
a mobile home for
human habitation
14.01.15
EN SI/66 issued
Appeal dismissed
Notice complied with. Remove from next list
SY/13/00077/
CONHH
(Shona Archer)
Helmieh
Chichester Road
Selsey
Chichester
Without planning
of a fence
19.10.15
EN SY/61 issued
SY/15/00074/
CONHH
(Shona Archer)
47 Wellington
Road
Selsey
Chichester
Without planning
permission to erection
of a dwellinghouse
25.11.15
EN SY/62 issued
Appeal lodged – Written Representation conjoined with
planning appeal
SY/15/00177/
CONHH
(Steven Pattie)
Portsoy
16 Bonnar Road
Selsey
Chichester
West Sussex
PO20 9AT
Without planning
of an extension
14.12.15
EN SY/63 issued
COMMENTS
EN SI/62 issued
Appeal in progress – decision issued
The appeal is dismissed and the enforcement notice upheld
01.10.14 – High Court judicial review – appeal decision
quashed and remitted to PINs for redetermination.
12.05.15 - PINs site visit - awaiting decision
19.10.15 - The appeal is allowed and planning permission is
granted for change of use.
Page 179
CON NO.
(Case Officer)
ADDRESS
DETAILS OF BREACH
Date of
Notice
WE/15/00135/
CONWST
(Reg Hawks)
Land west of The
Bridle Lane
Hambrook
Without planning
permission, the
excavation of top oil,
deposit of hardcore to
form a track
15.10.15
WE/15/00134/
CONACC
(Steven Pattie)
Land West Of
Hopedene
Common Road
Hambrook
Westbourne
Without planning
use to a car wash
business
20.08.15
EN WE/32 issued
12.01.16 – PINs site visit.
Decision now awaited
WE/13/00192/
CONT
(Shona Archer)
Hambrook Gravel
Pitt, Marlpit Lane
Hambrook
Westbourne
The removal of a
plantation of trees
covering an
approximate area of
0.3ha that are subject
to an area Tree
Preservation Order
18.06.14
EN WE/30 issued
16.1.15 – New owner has submitted amended planting
scheme. Land has been re-levelled and grassed.
09.07.15 – planting to be undertaken at beginning of October
15.10.15 – site visit conducted to check progress
25.01.16 – site to be visited
WE/15/00135/
CONWST
(Reg Hawks)
Land West of
Jubilee Wood
The Bridle Lane
Hambrook
Engineering operations, 03.09.15
excavation and laying
of hardcore
Temporary Stop Notice TSN/39
Ceases to have effect on 01.10.15
WE/15/00322/
CONENG
(Reg Hawks)
Land west of
Jubilee Wood
Hambrook Hill
North
Hambrook
Without planning
permission the
construction of a
storage compound
EN WE/34 issued
20.01.16
COMMENTS
EN WE/33 issued
Page 180
CON NO.
(Case Officer)
ADDRESS
DETAILS OF
BREACH
Date of
Notice
WR/14/00280/
CONMHC
(Reg Hawks)
Northlands Farm
House
Newpound
Wisborough Green
RH14 0QJ
land to use for the
stationing of two
mobile homes for the
purposes of human
habitation
23.01.15
WR/15/00038/
CONMHC
(Reg Hawks)
1 Newfields
Newpound
Wisborough Green
Billingshurst
Without planning
use to a mixed use as
a dwellinghouse and
of human habitation
03.09.15
EN WR/23 issued
WR/15/00038/
CONMHC
(Reg Hawks)
Land south of 2
Newfields
Newpound
Wisborough Green
Billingshurst
Without planning
use of land to the
stationing of two
mobile homes for the
purposes of human
habitation
03.09.15
EN WR/24 issued
WW/13/00232/
CONCOM
(Shona Archer)
Bramber Plant
Centre
Chichester Road
West Wittering
PO20 8QA
Without planning
permission the
stationing of 2 no.
portacabins for office
accommodation
26.09.14
EN WW/43 issued
Appeal dismissed with variation in time to comply
COMMENTS
EN WR/22 issued
09.09.15 – site visit showed non-compliance with the notice.
17.09.15 – letter before action sent
Notice complied with
Agenda Item 15
ITEM 15:
DEVELOPMENT MANAGEMENT PERFORMANCE UPDATE
(October 2015 to December 2015)
1.0
Purpose of Report
1.1
To inform the Planning Committee of the recent performance of the
development management service.
2.0
Recommendations
2.1
That the report is noted.
3.0
Development Management Performance
Determination of applications within agreed timescales
3.1
It is vital that the Planning System is proportionate, efficient and responsive to
the needs of all users to avoid time consuming, costly and unpredictable
delays to the detriment of the economy and wider society.
3.3
The Council seeks to determine
planning applications in line with
nationally set targets; 60% of Major
applications within 13 weeks (16
weeks for EIA development), 65%
of Minor applications within 8
weeks
and
80%
of
Other
applications within 8 weeks. Where
the Council agrees an extension of
time to the determination of an
application with the applicant,
provided the application is then
determined within the agreed
timescale, this is recorded as
having been determined within the
requisite period. Extensions of time
facilitate a greater scope for
negotiation on an application to
enable
it
to
be
amended
satisfactorily
and
to
grant
permission rather than a refusal
within the 8 or 13 week national
target.
3.4
Majors
CDC
SDNP
Total no of apps
18
2
No of apps where
extension of time
agreed
10
1
Percentage within
100%
agreed timescale
Minors
Others
Within the CDC plan area the
targets were exceeded in all
categories.
100% of major
applications were determined within
their target date of 13 weeks (or an
agreed extension of time) in
between October and December
Page 181
50%
Total no of apps
91
42
No of apps where
extension of time
agreed
22
5
Percentage within
agreed timescale
77%
79%
Total no of apps
257
167
No of apps where
extension of time
agreed
35
17
Percentage within
agreed timescale
86%
87%
Table 1: Determined applications
– Oct 2015 to Dec 2015
2015 which considerably exceeded the national performance target and the
target for minors and others was comfortably exceeded.
3.5
Within the SDNP area 50% of Major applications were determined within the
agreed timescales, accounting for 1 of 2 applications. The Park Team are
focussing on raising this figure in the next quarter to try and achieve the target
cumulatively across the financial year. The number of ‘minor’ and ‘other’
applications determined with the target timescales were both well above the
national target. This increase in performance has been due to a high
prioritisation of new cases whilst using contracted staff through agencies to
deal with older applications and seek to resolve outstanding issues.
Applications received and on-hand
3.6
Within the CDC plan area there are currently 251 applications pending
decision. Of that number 34 are over 26 weeks since first submission (13%).
The majority of these have been delayed as the principle of development is
likely to be acceptable, but subject to further amendments and consultation
being undertaken. Some ore outstanding older cases where information has
not been received from the applicant for some time and consideration will
need to be given to closing these cases if the required information is not
forthcoming.
3.7
Within the SDNP there are currently 284 applications pending decision (forty
fewer cases than reported in the previous quarter). Of these 64 are over 26
weeks since first submission (a drop in 10 cases but remaining
proportionately at 23%). This is a higher number than would normally be
expected and is indicative of the problems the service as a whole has faced in
staff turnover/recruitment (there remains a number of vacant posts across the
service). By the nature of the workload, the SDNP Team is smaller than
others in the service and proportionately the loss of a staff member results in
a greater impact on the functionality of the team and the ability to deal with
applications expediently. That said the number of applications over 26 weeks
have dropped since the last quarter. A temporary staff member has now been
secured to specifically deal with these cases and it is anticipated that the
number of applications over 26 weeks will continue to fall over the coming
months.
Appeals
3.8
Whilst the figures provided above outline the Development Management
performance with regard to speed of decisions, the Council’s performance at
appeal is a nationally recognised measure of the quality of decision making.
The government has set a performance indicator that no more than 30% of
those decisions that are appealed should be allowed.
3.9
Within the period October to December 2015, within the CDC plan area, 22%
of appeals were allowed which is below the national average of some 33%
and is an indicator of a high quality of decision making. Over the same
period, within that part of the district within the South Downs National Park,
40% of appeals were allowed, which is only 10% over the national average
and extrapolated from a small number of decisions (4 out of 10 allowed) This
Page 182
again demonstrates that the service is making sound and well founded
decisions.
4.0
Conclusion
4.1
The Development Management Service continues to perform well as a whole,
performance targets in relation to the speed of decision making are either
significantly exceeded or, where unmet, are close to target. Within the CDC
plan area the number of applications over 26 weeks is low and almost all are
in order to make amendments to the application to allow it to be granted
permission or to formalise the Section106 agreement necessary prior to issue
of a decision. Appeal performance is also consistent with national targets
which is an indicator of good decision making.
4.2
The CDC national park team has faced unexpected pressures on its workload
with a higher number of applications submitted in 2014/15 than the previous
year and difficulties in filling vacant posts, coupled with a high turnover of staff
in a short timeframe. This is reflected in both the percentage of applications
determined within agreed timescales and also the number of applications on
hand over 26 weeks since first submission. However, a reduction in this
workload has been successfully managed since the beginning of 2015 and it
is anticipated that this will continue.
Contact Officer: Tony Whitty
Page 183
Agenda Item 16
Planning Committee
Wednesday 3 February
Report of the Head of Planning Services
Schedule of Planning Appeals, Court and Policy Matters
This report updates Planning Committee members on current appeals and other
matters. It would be of assistance if specific questions on individual cases could be
directed to officers in advance of the meeting.
Note for public viewing via Chichester District Council web site To read each file
in detail, including the full appeal decision when it is issued, click on the reference
number (NB certain enforcement cases are not open for public inspection, but you will
be able to see the key papers via the automatic link to the Planning Inspectorate).
WR
H
I
( )
*
–
–
–
–
–
Written Representation Appeal
Hearing
Inquiry
Case Officer Initials
Committee level decision
1. NEW APPEALS
Reference/Procedure
Proposal
AP/14/04250/LBC
WR (M Tomlison)
In progress
BO/15/02233/DOM
WR (N McKellar)
In progress
BO/15/02234/LIS
WR (N McKellar)
In progress
BX/14/03827/OUT
H (V Colwell)
In progress
Crown and Anchor Dell Quay Road Dell Quay Appledram
PO20 7EE - 2 no. free standing signs and 1 no. plaque.
BX/15/02533/DOM
HH (C Boddy)
In progress
CC/15/02154/ADV
HH (M Tomlinson)
In progress
Brook House Quay Meadow Bosham West Sussex PO18
8LY - Retrospective construction of pitched roof to existing
outbuilding.
Brook House Quay Meadow Bosham West Sussex PO18
8LY - Construction of pitched roof to existing outbuilding.
Land West Of Abbots Close Priors Acre Boxgrove West
Sussex - Outline planning permission is sought for
development of the site for up to 22 residential units, public
open space, landscaping, access and car parking. All
matters are to be reserved except for point of access.
17 Priory Close Boxgrove Chichester West Sussex PO18
0EA - Proposed detached garage.
Pizza Hut Portfield Way Chichester West Sussex PO19 7WT
- 3 no. illuminated fascia signs, 2 no. illuminated internal
suspended signs, 2 no. illuminated pole sign, 1 no. hanging
sign.
Page 184
Reference/Procedure
Proposal
CC/15/02681/ADV
HH (C Boddy)
In progress
Sainsburys Unicorn House 8 Eastgate Square Chichester
West Sussex PO19 1JN - 1 no. externally illuminated thin
aluminium fascia sign, 2 no. non-illuminated aluminium
projecting signs and 1 no. non-illuminated ATM surround
sign.
The Coach House Eartham Lane Eartham West Sussex
PO18 0LP - Construction of a small oak barn for domestic
storage/workshop use.
SDNP/15/04270/HOUS
EARTHAM
HH (J Shore)
In progress
EWB/15/01239/FUL
H (N Langford)
In progress
O/15/00277/CONHH
WR (R Hawks)
In progress
SDNP/15/01863/HOUS
ROGATE
HH (R Jones)
In progress
SY/15/00074/CONHH
WR (S Archer)
In progress
SY/15/01408/FUL
WR (F Stevens)
In progress
SY/15/02518/DOM
WR (P HUNT)
In progress
SB/15/01837/FUL
H (C Boddy)
In progress
SB/15/02508/FUL
I (S Archer)
In progress
SB/15/02509/FUL
I (S Archer)
In progress
WE/15/00135/CONWST
WR (R Hawks)
In Progress
WW/15/01350/FUL
WR (P Kneen)
In progress
WW/15/02400/DOM
HH (C Boddy)
In progress
148 Stocks Lane East Wittering West Sussex PO20 8NT Demolition of the existing commercial building and the
development of 26 no. one and two bed sheltered
apartments for the elderly including communal facilities,
access, car parking and landscaping.
Tapners Barn Marsh Lane Merston Oving Chichester
West Sussex PO20 1DZ - Erection of side extension that
requires planning permission.
The Hug House Durleighmarsh Rogate West Sussex
GU31 5AY - Erection of an oak framed garden room to rear
elevation, reduction of door-set to rear elevation,
replacement doors to side elevation and new wall off side
elevation.
47 Wellington Gardens Selsey Chichester West Sussex
PO20 0RF - Without planning permission, erection of a
single dwellinghouse.
Ullswater Malden Way Selsey Chichester West Sussex
PO20 0RW - Construction of chalet bungalow on land east
of Ullswater.
47 Wellington Gardens Selsey West Sussex PO20 0RF Self-contained annexe.
Thornham Products Thornham Lane Southbourne West
Sussex PO10 8DD - Retrospective grant of planning
permission to station the existing single mobile home.
Acre View Cottage Thornham Lane Southbourne West
Sussex PO10 8DD - Continuation of use of building as a
single dwellinghouse.
Willow Cottage Thornham Lane Southbourne Emsworth
Hampshire PO10 8DD - Use of building as a single
dwellinghouse.
Land South East Of Hopedene Common Road Hambrook
Westbourne West Sussex - Untidy land.
Land Between Windsor and Maycroft Church Road East
Wittering West Sussex PO20 8PS - Erection of two storey
single family dwelling house, garage and driveway with
access onto Sandpiper Walk, off Church Road.
Courts Haugh Rookwood Lane West Wittering West Sussex
PO20 8QH - Garage, store room with garden store and bin /
cycle store to either end respectively. Re-submission of
15/01447/DOM
Page 185
2. DECISIONS RECEIVED
Reference/Decision
BO/14/01911/FUL
WR (F Stevens)
Land To The North Of Bosham Station Ratham Lane
Bosham West Sussex - New 4-bed detached two storey
house with attached single garage.
DISMISSED
"... The appellant considers the Council have not substantiated their claim of having a
housing land supply, but nor has the appellant provided evidence to the contrary. On the
basis of the evidence before me, it appears as if the Council have a supply. As such
housing applications must be considered against the policies within the current LP.... For
planning purposes the site is in the countryside where the provision of an additional
single dwelling has to be justified by special circumstances, in accordance with the
current LP and paragraph 55 of the Framework.... The site would be close to a number
of services and facilities. Nevertheless, the development plan is clear with regard to
development in the countryside. It will only be granted where it requires a countryside
location and meets the essential, small scale and local need which cannot be met within
or immediately adjacent to existing settlements. The proposed house would not meet
these requirements, and thus would fail to accord with the requirements of the LP
policies referred to above, nor be the sustainable development required by the
Framework.... Whilst there is sufficient visibility from the layby to the south to the north
visibility is restricted by trees ………and whilst I accept some ………… could be
removed to improve visibility, ……, the access would have very limited visibility, and
movements into and out of it would come as a surprise to other users of the highway....
However, the appellant has referred to a fallback position with the resumption of the
former nursery uses of the land occurring.... Vehicular and pedestrian movements using
the existing access would occur with either nursery or agricultural uses, and could be
much greater than that resulting from a single dwelling. Furthermore, the appellant would
seek to obtain an income from the land if the appeal were to fail and I consider there to
be a reasonable prospect of this occurring as I note a commercial nursery firm has
expressed an interest in the site. This being so, the fallback position is an important
material consideration to which I must attach substantial weight.... The use of the access
for a dwelling has to be balanced against the fallback position, and for the reasons given
the use of the access could be much less harmful than a nursery or agricultural use. The
proposal would accord with the objectives of LP Policy 39 that seeks amongst other
things, safe and adequate means of access..... The appellant has provided a survey with
the appeal demonstrating that newts are not present in a neighbouring pond ……On this
basis the Council have withdrawn this reason for refusal,. Reference has been made by
the parties to the emerging Bosham Neighbourhood Plan (NP). Whilst I have had regard
to the policies within it, the NP has not yet been examined. As it is still at an early stage,
this limits the weight that can be accorded to it. Local residents are concerned that the
proposed house would exacerbate flood risk in the area. However, ………I have no
evidence before me that there would be an unacceptable impact on flooding within the
area. ………..the positioning of the proposed house within its plot combined with the
separation between the two buildings would not significantly harm the occupiers of the
neighbouring bungalow with regard to privacy and daylight....Even though I have found
the proposal would not exacerbate highway safety matters or harm protected species,
this would not outweigh the conflict of the proposal with the aims of national and local
planning policies which seek to restrict new residential development in the countryside.
Thus, for the reasons given above and having considered all other matters raised, the
appeal is dismissed."
Page 186
CC/15/01099/FUL
WR (P Kneen)
21 Whyke Lane Chichester West Sussex PO19 7US Change of use from a 4 bedroom semi detached house to 2
no. 2 bedroom self contained flats including two storey rear
DISMISSED
extension, internal and external alterations.
"...The main issue is the effect of the proposed development on flood risk...The site is
located within an area identified by the Environment Agency as being within Flood Zones
2 and 3. The National Planning Policy Framework (the Framework) and policy 42 of the
Chichester Local Plan: Key Policies 2014- 2029 (LP) require a sequential test be
undertaken to direct development away from areas at highest risk of flooding. This test
was not undertaken in support of this application...I have read the Flood Risk
Assessment submitted with the application. This has limited value in the context of a lack
of sequential test and does not fully address the potential risk of flooding on occupants
of the proposed flats, nor does it address any potential increased risk of flooding
elsewhere from the development as proposed...On the basis of the above, I must
conclude that the development would have an unacceptable effect on flood risk and
would conflict with the Framework and policy 42 of the LP...The site is located just
outside the Chichester Conservation Area...The proposals would provide a two storey
rear extension and conversion of the building to two flats that would not cause harm to
the setting of the conservation area...I agree with the Council that the development
would preserve the conservation area, in accordance with policy BE6 of the LP.
However, this does not outweigh the harm that I have found in the main issue above...
CC/15/01122/DOM
28 Westgate Chichester West Sussex PO19 3EU - Single
WR (A Miller)
storey rear extension. Linked to CC/15/01123/LBC
DISMISSED
"Appeal A Ref: APP/L3815/W/15/3128788 28 Westgate, Chichester, West Sussex PO19
3EU ...The application Ref CC/15/01122/DOM, dated 7 April 2015, was refused by
notice dated 12 June 2015. The development proposed is a single storey rear
extension.... Appeal A: The appeal is dismissed.... 28 Westgate is a grade II listed
building that lies within the Chichester Conservation Area.... The Council refused the
planning application under the requirements of policies in the Chichester District Local
Plan - First Review (1999). However, in July 2015 the Chichester Local Plan: Key
Policies (LP) was adopted, and the Council have stated that the 1999 plan policies
referred to in the reason for refusal have been cancelled and superseded by those in the
LP.. I am obliged to determine the appeals against the most up to- date policies and
have considered it on this basis, and am satisfied that natural justice would not be
breached.... The main issues are, firstly whether the proposed single story extension
would preserve the special architectural or historic interest of a grade II listed building;
and secondly, whether the proposal would harm the living conditions of neighbouring
residents, with particular regard to outlook..... The proposed single storey extension
would replace the existing one which was constructed in the 1960s.... However, unlike
the existing extension it would extend the width of the garden, It would be an overly long
and wide, bulky addition to the house at odds with the tall, narrow nature of the
building....The introduction of such a complex roof would be a strident and incongruous
contrast to the simplicity of the form of the main house........impact of the proposal on the
historic fabric has not been ascertained, nor therefore how much of the garden walls
could be retained.... harm should be weighed against the public benefits of the
proposal.... The appellant has pointed out that the extension would not be visible from
the public realm. However, the statutory requirement is to preserve the special
architectural or historic interest of a listed building in all cases, not just where it is
prominent or highly visible. ….the proposed extension would unacceptably harm the
special interest of the listed building.... depth would form a dominant and oppressive
outlook to its occupiers, including from the garden.... unacceptably harm the living
Page 187
conditions of the occupiers of No 30 with regard to outlook... The appeal property lies
within the Chichester Conservation Area where there is a statutory requirement to
preserve or enhance the character or appearance of a conservation area..
CC/15/01123/LBC
WR (A Miller)
28 Westgate Chichester West Sussex PO19 3EU - Single
storey rear extension. Linked to CC/15/01122/DOM
DISMISSED
"Appeal B Ref: APP/L3815/Y/15/3132188 28 Westgate, Chichester, West Sussex PO19
3EU The application Ref CC/15/01123/LBC, dated 7 April 2015, was refused by notice
dated 12 June 2015. The development proposed is a single storey rear extension....
Appeal B: The appeal is dismissed.... 28 Westgate is a grade II listed building that lies
within the Chichester Conservation Area.... The Council refused the planning application
under the requirements of policies in the Chichester District Local Plan - First Review
(1999). However, in July 2015 the Chichester Local Plan: Key Policies (LP) was
adopted, and the Council have stated that the 1999 plan policies referred to in the
reason for refusal have been cancelled and superseded by those in the LP. The main
issues are, firstly whether the proposed single story extension would preserve the
special architectural or historic interest of a grade II listed
building; and secondly, whether the proposal would harm the living conditions of
neighbouring residents, with particular regard to outlook.... The proposed single storey
extension would replace the existing one which was constructed in the 1960s....
However, ….it would extend the width of the garden,
The full height partly glazed doors and windows would extend most of the width of the
extension, and would exaggerate its breadth. The introduction of such a complex roof
would be a strident and incongruous contrast to the simplicity of the form of the main
houseThe ………..statutory requirement is to preserve the special architectural or
historic interest of a listed building in all cases, not just where it is prominent or highly
visible. Thus, for the reasons given above, the proposed extension would unacceptably
harm the special interest of the listed building.... depth would form a dominant and
oppressive outlook to its occupiers, including from the garden.... unacceptably harm the
living conditions of the occupiers of No 30 with regard to outlook... The appeal property
lies within the Chichester Conservation Area where there is a statutory requirement to
preserve or enhance the character or appearance of a conservation area. The appellant
has drawn my attention to a number of other developments that are considered
comparable to the appeal proposal. However, I do not have the full planning history of
these properties before me to ascertain if they form a direct comparison, and in any case
each scheme has to be treated on its own individual merits in accordance with the
requirements of the current development plan and all other material considerations, as I
have undertaken in this instance...."
CC/15/01245/DOM
30 Brandy Hole Lane Chichester West Sussex PO19 5RY WR (M Tomlinson)
Garage conversion with bay window and new open bay
In progress
garage with first floor gym and shower.
DIMISSED
"...The absence of outbuildings in the front gardens contributes to this character and
appearance, and although the building next door to the front of No. 32 is an exception its
simple form and low profile does not have a detrimental effect...However, the proposed
outbuilding at over 6m would be of a much greater height and clearly visible above the
existing front hedge which is currently at about 3m. With its significant scale and a
design including roof lights, dormers and an external staircase I agree with the Council
that it would be both incongruous and visually intrusive. This is especially the case given
Page 188
its substantial separation from the dwelling and its proximity to the front boundary
hedge...The grounds of appeal refer to other outbuildings in the front gardens of
properties in Brandy Hole Lane and also to other permissions in the District considered
to set a precedent for this type of development...However, whilst I have noted these, I do
not consider that they offset the harmful impact that this particular proposal would have
on a part of Brandy Hole Lane that has the pleasing rural character and appearance and
un-built frontages that I have already described. Indeed, in respect of the Lane itself, I
am of the view that the other developments make it all the more important to retain the
less developed form of the area around the appeal property..."
CH/15/01250/DOM
La Traite Chidham Lane Chidham West Sussex PO18 8TH WR (M Tomlinson)
New porch and loft extension.
In Progress
ALLOWED
"...I accept the Council's view to the extent that the considerable length of the proposed
dormer with its row of five evenly spaced identical windows would appear more
appropriate to an institutional or community building than a domestic dwelling. In that
sense there is an element of incongruity...However with that said, the existing rear of the
dwelling is of a poor design and appearance given the over-dominant gable on its
northern side. Despite its large scale the dormer would provide a more cohesive and
balanced appearance than currently exists. Furthermore, the dormer would be set in
from the sides and the eaves of the roof plane, and even allowing for its length would
have no measurable visual impact outside the private rear garden of this large plot...The
dormer would therefore not be visible from the street scene; would not be prominent in
the outlook from the adjoining dwellings to the north and south given their siting and
oblique views, and would be unlikely to be seen other than in long distance glimpses
from the open AONB countryside to the west...On balance, I therefore consider that the
extensions would not have a harmful effect on the appearance of the dwelling and the
character and appearance of the area..."
CH/15/01956/DOM
Dene Cottage Broad Road Hambrook Chidham PO18 8RG WR (C Boddy)
Loft conversion including replacement roof.
ALLOWED
"...appeal is allowed...The main issue is the effect of the proposal on the character and
appearance of the area....there is a variety of dwelling types and architectural styles in
the immediate vicinity of the site including two storey properties with substantial roof
alterations giving rise to an apparent 3 storey scale, and in the case of a detached
property on the other side of the road, a ridge height at least as high as the appeal
proposal. I also noted that 3 storey properties are in the course of construction on a
development immediately to the south in Kiln Drive. Accordingly, whilst in any event the
majority of accommodation would be within the roof space, I do not regard additional
windows in the front and rear gables at 3 storey level would be out of character with the
area.... The property is currently somewhat recessive in the street scene because of the
staggered siting of the adjoining properties Furness and Alness which stand forward of
it.... In my view the appeal proposal would be no more prominent than that with the
proposed side dormers being modest in scale and set down well below the ridge. From
the rear, the roof of the property would be visible from Kiln Drive but the alterations
would be seen in the context of the rear gables to Furness and Alness and the large rear
dormer extension to the rear of the adjoining property Waterman House.... Although the
occupier of the neighbouring property to the north has raised concerns regarding loss of
light, I do not consider that would be the case given that both properties are broadly in
alignment with one another and that the proposal would not result in any significant
increase in height nor rearward projection other than the formation of a gable. I note that
Page 189
both windows to the dormers would be obscure glazed and taking these factors together,
I agree with the Council that there would be no harm to amenity. Whilst the proposal
would change the form and appearance of the property, for the above reasons it would
not be harmful to the character and appearance of the area...."
SDNP/15/00997/HOUS
Keepers Cottage Lye Common West Marden Chichester
COMPTON
PO18 9EH - Proposed two storey side extension.
HH (B Stubbington)
(Amendments to planning permission
SDNP/14/03145/HOUS).
ALLOWED
"...The main issue is the effect of the proposal on the character and appearance of the
host building and its surroundings, which comprise the designated landscape of the
National Park...the proposed further amendments in the appeal proposal do constitute a
move away from the building's modest origins as a local workman's (keeper's) cottage in
the countryside. However the approval of the extension has already done this through
the substantial increase in the size of the building...the building is not a heritage asset
and (ii) the absence of relevant conditions on permission ref. SDNP/14/03145/HOUS
enable most if not all of the amendments now sought to be implemented in a similar
manner in a separate and subsequent phase of development under permitted
development..."
SDNP/14/06393/FUL
Ilex House Upperfield Easebourne West Sussex GU29 9AE
EASEBOURNE
- Construction of a new dwelling.
WR (C Cranmer)
DISMISSED
"...The proposed dwelling would sit in the centre of the plot, some 3m from the side
boundaries...although less than some of the distances between other dwellings and their
side boundaries, is a generous gap that would maintain the spacious character of its
surroundings...The new dwelling would not be clearly seen within the street scene and
would maintain the spacious, leafy character and appearance of the area...I am satisfied
that it would not result in significant harm to the character and appearance of the area or
the landscape and scenic beauty of the National Park...S40 of the Natural Environment
and Rural Communities Act 2006 requires that decision makers have regard to the
purpose of conserving biodiversity...It was considered that the tree had roosting potential
and recommended that a further echolocation survey was carried out between May and
August to determine the presence of any bats...the good practice guidelines for such
surveys referred to in the appellant's original habitat survey (Bat Conservation Trust
2012) recommend two or three activity surveys on different dates within one
season....precautionary approach is taken as I cannot be satisfied that there would be no
harm given the limited survey work carried out for this proposal....the proposed
development would harm biodiversity and would be contrary to the Council's
development plan policy and to national policy in the Framework as a whole....”
SDNP/15/02367/HOUS
Sparkes Farm Ebernoe Road Balls Cross Ebernoe
HH (R Grosso
GU28 9JU - Proposed demolition of various extensions to
Macpherson)
the rear and east sides of the house and their replacement
with new extensions.
DISMISSED
The appeal is dismissed....house has already been extended...substantially....giving it a
somewhat rambling character....proposal would remove a small 2 storey extension and a
conservatory, replacing them with a substantial 2 storey extension covered by a flat
crown roof...The proposed extension would be more unified in design,...sash windows in
all primary positions....would have mainly stone walls with brick quoins...the main
proposed extension....would be taller than the existing house and its block like layout
would be much bulkier compared to the more linear form of the house, with its traditional
Page 190
proportions....the design dominance of the extension would be further emphasised by its
extensive use of stone and its more formal design, with...large sash windows... The
proposed extension would therefore overwhelm the original house both in scale and in
design terms, becoming the dominant part...altering the building's character.... the
extension would be largely set behind the existing house as seen from the public
footpath. However, it would still be seen from those public vantage points, appearing as
an unsympathetic, out of scale addition to the house....the proposal would harm the
character and appearance of...house...landscape...scenic beauty of...national
park...conflict with the first purpose of national park designation...framework..."
SDNP/14/04664/FUL
Downlands B2146 Elsted Road To Torberry Lane South
WR (D Price)
Harting Petersfield West Sussex GU31 5PJ - Demolition of
existing dwelling, garage and domestic outbuildings, and
change of use to agriculture of existing dwelling curtilage.
Demolition of agricultural barn, stables, formation of new
access and erection of a replacement dwelling in new
residential curtilage with associated landscaping, formation
DIMISSED
of a ha-ha and mitigation planting.
"...I see nothing in local or national policy that is inimical to the principle of what the
appellants have in mind. The decisive factors in my view are the sustainability of the
proposals, and whether or not, considered as a whole, they would transgress the
objective of conserving the landscape and scenic beauty of this part of the NP...I share
the view expressed by the appellants that the existing dwelling is of no particular
architectural merit...However, the hedge, together with other local hedges and coppices,
provides an effective screen, and as a result, the house itself does not materially
impinge on the overall landscape quality of this part of the Park...The stable block...
removal would prove to be relatively inconsequential, as would the removal of some
overhead cables and their support...The Dutch barn...should come as no great surprise
to users of the Way to see a building of this type in agricultural surroundings, its removal
should be regarded as a minor overall benefit to the wider landscape...The proposed
new dwelling would...be of an imaginative design, conceived to reflect its agrarian
context in form and external materials...However, the new dwelling would be clearly
visible and prominent from a lengthy portion of South Down Way when approaching from
the south-east for the initial period of its existence...tic gardens, altering the essential
rural characteristics of this part of the Park. The proposal, judged in isolation,
notwithstanding the creative design, would harmfully impact on the local landscape...
The appellants consider the whole of their proposals to be intertwined, meriting
consideration as a holistic package...In time, landscaping may prove effective in
mitigating the worst effects of building anew and the introduction of a residential curtilage
into a largely open agricultural landscape. However, it would certainly not mitigate all the
effects, and the proposed extensive new planting, in itself, would materially alter the
currently open nature of the landscape where the new dwelling is proposed...The South
Downs Way is a popular long distance footpath and is one of Britain's National Trails.
When approached from the south-east, the new dwelling and its curtilage, together with
the associated landscaping, would be viewed and perceived by users of the Way as a
harmful and contrived incursion into the currently open local agricultural scene, harming
its undoubted scenic beauty...The relatively minor benefits gained from the demolition of
the other buildings owned by the applicants do not justify granting permission for a
development harmful to the Park's scenic beauty...I acknowledge that my assessment
and judgment on this matter may not be shared by all. However, great weight should be
given to protecting and conserving the landscaping and scenic beauty of the NP, in
accord with national policy, and I am not persuaded that others have attributed sufficient
weight to these aspects, as required...when assessed against the policies of the
Framework taken as a whole, I conclude that the adverse impacts of the proposed
Page 191
development on the landscape and scenic beauty of the NP would significantly and
demonstrably outweigh the relatively minor benefits, which I have already described..."
"...Costs Decision...The application for an award of costs is refused...Set against the
background of national policy on National Parks and achieving sustainable development,
I find no convincing evidence to justify the claim that the Authority's treatment of the
application was either flawed or erroneous. In this regard I consider the original officer
report to be methodical and comprehensive, and he Authority's evidence for the appeal
stood up to scrutiny....The Authority was provided with advice from the County Council's
landscape department...The Authority clearly disagreed with the advice that had been
provided, which is its entitlement, provided that it can present cogent and convincing
evidence on appeal to substantiate its reasons for refusing the original application. The
outcome of the substantive appeal and the reasons for that decision clearly indicate that
I consider the Authority was justified in taking a contrary view to
the external landscape advice proffered....Whilst the appellants cite the proposal as a
clear example of sustainable development...it was not unreasonable for the Authority to
emphasise the requirement to conserve the landscape and scenic beauty of the national
park and to afford great weight to this aspect...I consider that the Authority exercised its
duty to determine the application in a reasonable manner, and its refusal to grant
permission was based on valid planning grounds that were adequately explained and
defended on appeal. The reason for refusal accordingly stood up to scrutiny, and in
these circumstances the Guidance advises that the Council should not be liable for an
award of costs...I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense...has not been demonstrated. Accordingly, the application for costs is
refused..."
SDNP/15/00246/HOUS
Annexe Middle Meadow Durleighmarsh Rogate West
ROGATE
Sussex GU31 5AX - Alterations to roof to provide 1st floor
WR (R JONES)
accommodation to residential annexe with retention of
ground floor link extension.
DISMISSED
"...The proposal would result in a building which appeared uncharacteristically large in
the context of the surrounding housing. It would appear overdeveloped and disjointed
from successive enlargements, with little overall coherence in form or arrangement.
Given the amount of building and hard-standing already on the site, together with the
bulk and mass resulting from the proposal, the development would detract from the wide
and open character of the surrounding landscape and would harm the setting and
appearance of the National Park...Despite the pitched roof of the proposal which would
slope away from the boundary, the resultant height and breadth of the proposal at such
proximity to Middle Mist, would have an overbearing impact on the outlook from the
ground floor rooms and from the garden of Middle Mist...The proposal would result in
harm to the living conditions of the occupiers of the adjoining dwelling 'Middle Mist', with
particular regard to outlook, contrary to policies BE11 and BE12 of the LPR which
require the effect of proposals on neighbouring development to be taken into account
and for extensions to meet appropriate standards of design...he annexe has its own
frontage and already has an entrance door in its front elevation, independent from the
main building, with access from the road. The proposal and the main building would be
capable of being isolated from each other, with, as I noted during my visit, a door, or by
a more permanent infill...The proposal would result in a two-storey building with
independent access, providing two, large habitable rooms, a bathroom, a kitchen, and its
own stairway. Given the volume of accommodation resulting from the proposal, the
limited connection to the main building, and the relative ease by which it could be
isolated from the main building, I consider that the proposal would result in a dwelling in
the Rural Area which is readily capable of conversion into more than one dwelling...I
conclude that notwithstanding the area of the present dwelling, the proposal would
Page 192
conflict with policy H12 of the LPR, resulting in the loss of a small dwelling by creating an
increase in gross floor area of more than 50% of the original dwelling...While the
proposed development would provide additional living accommodation, this is
outweighed by the harm it would cause to the character and appearance of the National
Park, the harm to the living conditions of the adjoining occupiers and harm resulting from
its capability of being converted into more than one dwelling and the effect of its
enlargement on the availability of small dwellings. For the reasons given above, and
taking account of all matters raised, I conclude that the appeal should be dismissed...
WE/14/00911/FUL
Land on the North Side of Long Copse Lane Westbourne
I ( J Bushell)
West Sussex - Erection of 16 no dwellings, vehicular and
pedestrian access, car and cycle parking and landscaping.
ALLOWED
"...I consider that the main issues of the appeal are the effect of the proposal on the
character and appearance of the area and whether the development represents
sustainable development, having regard to the development strategy of the Chichester
Local Plan: Key Policies 2014-2029 (2015)...Character and appearance...the previous
Inspector raised particular concern that the previous scheme would be prominent and
would present a dense and consistent frontage that would not allow for views through
the site. The previous Inspector went on to find that the previous scheme would
dominate the scene and would not be seen in the context of the existing village, but
rather as a separate urban extension...The proposal that is before me has been altered
to seek to address these concerns...I consider that the proposal would not be a
prominent projection into the rural area and through careful design has addressed the
previous Inspector's concerns with regard to the western approach along Long Copse
Lane. The rural aspect to the western approach would be retained...Whilst the appeal
site is on elevated ground, I observed on my site visit that the dwellings on the opposite
side of North Street are also generally set higher than the road. There would also be
evident breaks between the dwellings, allowing views of the countryside behind.
Consequently, I consider that the proposal would not be a prominent and overbearing
form of development...there would also be gaps between the dwellings fronting onto
North Street which would also allow views of the countryside beyond. The gaps and
views through the site, would maintain a sense of openness and would allow North
Street to retain a reasonable relationship with the countryside beyond...I consider that
such views through the appeal site would retain the rural aspect of the village in this
location and help to blend the proposal with the existing village...I am of the view that the
change of use of the site would not so much alter the character of the area within which
it falls as to change the character of the site itself...I accept that such views would
dramatically alter, but such a change would not in itself be harmful in planning terms...I
consider that the proposal would not cause harm to the wider pastoral landscape or
conflict with the key characteristics or land management guidelines...I consider that the
scheme would not materially harm the character and appearance of the area or the
wider rural setting of the village. Further, I am of the view that the considered
amendments to the scheme have overcome the previous Inspector's concerns...Turning
to whether the proposal represents sustainable development, given the above, I
consider that the proposal, with the exception of being located the wrong side of the
settlement boundary, is generally consistent with the development strategy of the LP,
namely Policies 2 and 5 of the LP. I acknowledge the views of many local residents that
the Westbourne Neighbourhood Plan (the NHP) should be the mechanism to make
decisions about where development should be located in Westbourne...However, the
preparation of the NHP is at an early stage of production and therefore carries limited
weight and at the present time there are no feasible alternatives before me...The matter
of housing land supply was debated at the Inquiry. However, I have found that the
proposal is sustainable in its own right, which in this case outweighs the identified
Page 193
development plan conflict. Further, I am mindful that the presence of a five year housing
land supply should not be considered as a 'cap' on additional housing or restrict
sustainable development from being delivered. As a result, whether the Council can or
cannot demonstrate a five year housing land supply or whether Paragraph 14 of the
Framework is engaged has not had a significant bearing on my decision...I am not of the
view that allowing the appeal would set a precedent for other similar development in
Westbourne..."
WE/14/04206/FUL
Land North of Recreation Ground Monks Hill Westbourne
(P Kneen)
West Sussex PO10 8SX - Material change of use of land for
stationing of caravans for residential occupation with
ALLOWED
associated hard standing and utility block.
"...The appeal is allowed and planning permission is granted for change of the use of
land for the stationing of caravans for residential occupation with associated
hardstanding and utility block at The Stables, Land north of recreation ground, Monks
Hill, Emsworth PO10 8QP... The main issue is the effect of the development on the
character and appearance of the area, including the adjoining Site of Nature
Conservation Importance (SNCI).....I do not consider that the site and immediate
surroundings could be said to be in open countryside away from existing settlements
which the PPTS seeks to avoid, or to have an 'undeveloped appearance, uncluttered by
development' as referred to in the Council's reason for refusal...it seems to me that it is a
transitional area of open space between the open countryside to the north of
Westbourne and the settlement itself. I consider that, with the retention and
reinforcement of the existing vegetation, the proposed development would not be unduly
prominent when seen from Monks Hill......Any views obtainable from the SDNP would be
quite distant and limited by the hedges and trees bordering the intervening fields of
Valley Farm, and the site would be seen in the context of the nearby buildings and/or the
village itself. I do not consider that there would be material harm to the views from the
SDNP and it would not compromise any essential features of the nationally designated
landscape... seen from the public footpath further to the east, …. the site would be
partially screened by the trees and vegetation Again, I consider that there would not be
unacceptable harm to the rural landscape...The Council is concerned that the effect of
the development on the locally designated SNCI is unclear as no habitat survey has
been conducted... the appeal site is some distance from, the SNCI and is separated
from it by the stables, manège and the recreation ground. Within the SNCI is the cricket
pitch, which is regularly used during the season, is subject to a mowing regime and
where car parking takes place on the outfield at times during matches...There is
therefore no substantiated reason to suppose that there would be harm to the
conservation interest of the nearby SNCI as a result of the stationing of a mobile home
The Council has also suggested that there could be harm to bats which has not been
assessed. Nonetheless, the hedgerows ……. might present foraging opportunities I find
no evidence to suggest that there would be an adverse effect on the conservation
interest of the SNCI as a result of the proposal...I am satisfied that the appellant is a
gypsy for the purposes of the 2015 PPTS and this appeal...Broadly, policy 36 of the
Local Plan sets out a number of requirements for Gypsy and Traveller sites which must
all be met...given the size of the village, I have seen no substantiated evidence which
persuades me that the settled community of Westbourne is, or would become,
dominated by Travellers with the provision of one additional pitch... no objection to use
of the access has been raised by the Highway Authority...The site is in a quiet location
and there is no suggestion that either the occupiers, or the nearby residents would be
subject to unacceptable noise and disturbance...Local residents claim that there would
be increased flooding down the hill as a result of the development. However, ….I find no
convincing evidence that the modest development proposed would add materially to the
problem...I conclude that the proposed development would not conflict with Local Plan
Page 194
policy 36 or the advice in the 2015 PPTS...General Need for Sites...The Council advises
that a number of pitches have been provided in the last 2 years including a site for 12
pitches within Westbourne Parish. It is stated that the current 5-year supply (2015-2020)
sets out a requirement for 8 additional pitches during this period with 2 more by 2017. It
is intended to allocate more sites in the forthcoming Site Allocations DPD but this is not
likely to be adopted before mid-2017. As, currently, there is not a 5-year supply of sites,
…..there is still an immediate shortfall in available pitches to meet the identified
need......The appellant has family connections in this part of the south coast...he
considers finding a settled base important for his children's education. The appellant
also needs access to medical facilities ……..no available alternative accommodation has
been identified. Having regard to their Human Rights, particularly the primacy of the
needs of the youngest child, and duties under the Equality Act 2010, I consider that the
needs of the family add substantial weight in favour of the proposal...For the reasons
given above I conclude that the appeal should be allowed..."
Page 195
3. OUTSTANDING APPEALS
Reference/Status
Proposal
SDNP/14/02271/HOUS
Bepton
WR (M Mew)
In progress
The Old Cottage Bepton Midhurst GU29 0JB – Conservatory
Linked to SDNP/14/02272/LIS
SDNP/14/02272/LIS
Bepton
WR (M Mew)
In progress
The Old Cottage Bepton Midhurst GU29 0JB - Conservatory
Linked to SDNP/14/02271/HOUS
BI/14/02356/PLD
WR (F Stevens)
In progress
Martins Lea Martins Lane Birdham Chichester PO20 7AU Construction of driveway to Lock Lane, in connection with
additional hard surfacing.
BI/15/00194/CONTRV
WR (SCA)
In progress
Land North West of Premier Business Park Birdham Road
Birdham West Sussex - Use of land as a Traveller Site.
Appeal against enforcement notice Linked to
BI/15/01288/FUL
BI/15/01288/FUL
I (SCA)
In progress
Land north west of Premier Business Park, Birdham Road
Birdham West Sussex PO20 7BU - Proposed single pitch
site including the provision of a utility building for settled
gypsy accommodation together with existing stables.
Linked to BI/15/00194/CONTRV
Premier Business Park 4 Birdham Road West Sussex PO20
7BU - Change of use of existing marine retail/storage/light
industrial unit to new destination retail unit incorporating new
shop front, entrance and side fire escape.
Land west of Sweet Meadow Bosham Hoe Bosham
Chichester PO18 8ET - Use of site for 1no. dwelling.
BI/15/01749/DOM
WR (N McKellar)
In progress
BO/14/03677/PLD
H (F Stevens/D Price)
In progress
SDNP/14/04865/FUL
BURY
I (D Price)
In progress
SDNP/15/00336/COU
BURY
I (R Hawks)
In progress
Land North of Junction with B2138 Bury Road Bury West
Sussex - Stationing of two caravans for human habitation.
Appeal against enforcement notice Linked to
SDNP/14/04865/FUL
CC/14/03359/PDE
WR (H Chowdhury)
Awaiting decision
18 Juxon Close Chichester West Sussex PO19 7AA - Single
storey rear extension (a) rear extension - 4.0m (b) maximum
height - 3.7m (c) height at eaves - 2.3m.
Land North of Junction with B2138 Bury Road Bury West
Sussex - Change of use from agricultural land to a Gypsy
and Traveller's site. Linked to SDNP/15/00336/COU.
Page 196
Reference/Status
Proposal
CC/15/02316/ADV
HH (M Tomlinson)
In Progress
Vauxhall Frosts Chichester A27 Chichester Bypass
Eastbound Kingsham Chichester West Sussex PO19 8TH 1 no. internally illuminated entrance panel, 2no. internally
illuminated wall mounted Vauxhall logos, 1 no. internally
illuminated service and parts pole sign and 1 no. directional
lawn sign.
Five Oaks Newells Lane West Ashling Chichester, West
Sussex PO18 8DF - Height of building in excess of that
permitted under 10/01925/FUL - appeal against enforcement
notice.
CH/11/00538/CONBC
H (RWH)
In Progress
CH/14/00181/CONMHC
H (S Archer)
Awaiting decision
Land West of Five Oaks Newells Lane West Ashling
West Sussex - Stationing of mobile home. Appeal against
enforcement notice.
CH/14/02138/OUT
I (J Bell)
Awaiting Decision
Land East Of Broad Road Hambrook West Sussex Residential development of 120 single and two storey
dwellings comprising 48 affordable homes and 72 market
price homes, garaging and parking together with retail unit,
sports pavilion, community facility, new vehicular and
pedestrian access to Broad Road, emergency and
pedestrian access to Scant Road West, sports facilities, two
tennis courts, football pitch and four cricket nets, children’s
play area, public open space and natural green space on a
site of 9.31 ha.
CH/15/00151/CONDWE
WR (R Hawks)
In Progress
Cockleberry Farm Main Road Bosham West Sussex
PO18 8PN - Retention of the Chalet. Appeal against
enforcement notice.
SDNP/14/02401/CND
EASEBOURNE
WR (J Saunders)
In progress
Blackberry Barn Hollist Lane Easebourne Midhurst
West Sussex GU29 0QN - Removal of Condition 6 of
planning permission EB/05/03463/FUL In order to make
better use of the building.
SDNP/15/00299/ADV
EASEBOURNE
WR (C Cranmer)
In progress
A286 Kings Drive to Henley Old Road Easebourne
West Sussex - To erect and keep for the licence period two
signs of a similar size and style to that shown on the
attached illustration in positions shown on the attached
location plan on Kings Drive.
EWB/14/01806/OUT
I (F Stevens)
Awaiting Decision
Land East of Barton Way Clappers Lane Earnley
West Sussex - The erection of 110 residential dwellings,
new vehicular access, open space, and other ancillary
works.
33 Nappers Wood Fernhurst West Sussex GU27 3PB Divide existing large house into two separate dwellings.
SDNP/15/02147/FUL
FERNHURST
WR (C Cranmer)
In progress
Page 197
Reference/Status
Proposal
SDNP/15/02426/HOUS
FERNHURST
WR ( R Jones)
In progress
Fernwood Cottage Bell Road Kingsley Green Fernhurst
GU27 3LQ - Remove existing front flat roof and porch.
Construct a two storey rear extension, New pitched roof over
existing front extension, new dormers (resubmission of
SDNP/15/00212/HOUS).
FU/15/00237/CONTRV
WR (S Archer)
In progress
Land South of The Stables, Newells Lane/Scant Road East,,
West Ashling West Sussex – Creation of a hardstanding –
appeal against enforcement notice.
SDNP/14/05057/LIS
HARTING
WR (M Mew)
In progress
SDNP/15/01791/LDE
HARTING
WR (R Jones)
In Progress
Old Manor House West Harting Petersfield GU31 5PA Replacement of five timber single glazed windows on the
rear 1930s extension with new timber double glazed units.
SDNP/15/02779/HOUS
LODSWORTH
H (R Grosso
Macpherson)
In progress
SDNP/15/02780/LIS
LODSWORTH
H (R Grosso
Macpherson)
In progress
LX/13/03809/OUT
I (N Langford)
Awaiting Decision
Fitzlea House Fitzlea Wood Road Selham Lodsworth
GU28 0PS - Internal alterations and external alterations
including one 2-storey rear extension and one single-storey
side extension.
SDNP/14/05019/FUL
WR (R Grosso
Macpherson)
In progress
2 Ryefield Barns Killarney to Goose Green Road West
Harting Petersfield West Sussex GU31 5PE - Existing
domestic curtilage extension requested in line with garden
boundaries on land between house and driveway.
Fitzlea House Fitzlea Wood Road Selham Lodsworth
GU28 0PS - Internal alterations and external alterations
including one 2-storey rear extension and one single-storey
side extension.
Land South of Loxwood Farm Place High Street Loxwood –
erection of 25 no residential dwellings comprising of 14 no
private residential dwellings and 11 no affordable residential
dwellings, associated private amenity space and parking.
Leigh Barton Brook Hill Lurgashall Petworth GU28 9HB Construction of tennis court on land to north. Resubmission
of SDNP/13/02074/FUL.
SDNP/14/06285/MPO
PETWORTH
H (J Saunders)
In progress
Land At Laundry Cottage Woodlea and Grass Mere
Horsham Road Petworth West Sussex - Removal of
affordable housing obligation attached to planning
permission SDNP/12/02721/FUL.
PS/14/03665/FUL
WR ( P Kneen)
In progress
Oakley Grange Plaistow Road Kirdford Billingshurst
West Sussex RH14 0JY - Proposed track across paddock
adjoining Oakley Grange, Kirdford.
Page 198
Reference/Status
Proposal
PS/14/03983/FUL
H (R Jones)
In progress
Hearing to be held 9
March 2016 at 10am, Old
Court Room, Chichester
City Council
PS/14/04100/FUL
H ( F Steven)
In progress
Nell Ball Farm Dunsfold Road Plaistow Billingshurst West
Sussex, RH14 0BF - Retention of existing mobile home as a
permanent dwelling.
SDNP/14/04194/HOUS
ROGATE
WR (M Mew)
In progress
SDNP/14/04195/LIS
ROGATE
WR (M Mew)
In progress
Tollgate Cottage Durleigh Marsh Petersfield Hampshire
GU31 5AX - Single storey rear extension and various works.
Linked to SDNP/14/04195/LIS
SDNP/15/01349/HOUS
ROGATE
WR (R Grosso
Macpherson)
In progress
Lower House Durleighmarsh Rogate Petersfield West
Sussex GU31 5AX - Oak framed glazed garden room
extension to side. Linked to SDNP/15/01351/LIS
SDNP/15/01351/LIS
ROGATE
WR (R Grosso
Macpherson)
In progress
Lower House Durleighmarsh Rogate Petersfield West
Sussex GU31 5AX - Oak framed glazed garden room
extension to side and insertion of roof light on south
elevation. Linked to SDNP/15/01349/HOUS
SY/15/00881/FUL
WR (M Tomlinson)
In progress
82 East Street Selsey West Sussex PO20 0BS - Elevation
changes to convert shop to flat.
SY/15/00905/COUPMB
WR ( N McKellar)
In progress
Ferry Farm Chichester Road Selsey West Sussex Proposed change of use from agricultural building to 1 no
dwelling (C3 Use Class).
SY/15/01741/DOM
HH (M Tomlinson)
In progress
SI/14/00397/CONMHC
WR (R Hawks)
In progress
Helmieh Chichester Road Selsey West Sussex PO20 9ED Erection of a closed boarded fence to the front of the
property.
Land south of Church Farm Lane, Sidlesham West Sussex Stationing of caravan. Appeal against Enforcement Notice.
Little Springfield Farm Plaistow Road Ifold Loxwood
Billingshurst West Sussex RH14 0TS - Demolition of existing
industrial buildings and erection of 3 no detached dwelling
houses with associated landscaping, surfacing, car parking
provision and access works.
Tollgate Cottage, Durleigh Marsh, Petersfield, Hampshire
GU31 5AX - Single storey rear extension and various works.
Linked to SDNP/14/04194/HOUS
Page 199
Reference/Status
Proposal
SI/14/04249/ELD
WR (P Kneen)
In progress
Magnolia Cottage Cloverlands Chalder Lane Sidlesham
Chichester West Sussex PO20 7RJ- To continue use of
building as a single dwelling.
SI/15/00157/CONMHC
H
(R Hawks)
Hearing to be held 9
February 2016 at 10am,
Chichester District
Council
Land South of Green Lane Piggeries Ham Road Sidlesham
West Sussex - Stationing of a mobile home and engineering
works. Appeal against enforcement notice.
SDNP/15/00136/OPDEV
SINGLETON
WR ( A Simpson)
In progress
SB/11/00022/CONDWE
I (S Archer)
In progress
Manor Farm A286 Town Lane to the Grove Singleton
Chichester West Sussex PO18 0EX – Sand school and
earth works – appeal against enforcement notice.
SB/11/00022/CONDWE
I (S Archer)
In progress
R B S Nurseries Thornham Lane Southbourne Emsworth
Hampshire PO10 8DD - Use of a building as a
dwellinghouse as above - relates to a different enforcement
notice.
Land North Of Marina Farm Thorney Road Southbourne
- Stationing of a mobile home. Appeal against Enforcement
Notice .
SB/14/00313/CONMHC
H (S Archer)
In progress
R B S Nurseries Thornham Lane Southbourne Emsworth
Hampshire PO10 8DD - Use of a building as a
dwellinghouse – appeal against enforcement notice.
SB/15/00113/FUL
WR
(F Stevens)
In progress
Land between Meadowsweet and Appletrees Lumley Road
Southbourne West Sussex - Construction of a dwelling.
SDNP/14/05772/LDE
STEDHAM
WR (D PRICE)
In progress
SDNP/15/04020/HOUS
TILLINGTON
WR (J Shore)
In Progress
The Old Studio Bridgefoot Cottages Stedham Midhurst
GU29 0PT - Use of The Old Studio as a self-contained
residential unit for a period in excess of 4 years.
SDNP/15/04021/LIS
TILLINGTON
WR (J Shore)
In Progress
Home Farm Upperton Road Upperton Tillington Petworth
West Sussex GU28 9BE - Full and part demolition of
previous extensions, construction of new orangery style
extension, new south extension and minor internal and
external alterations to original building.
Home Farm Upperton Road Upperton Tillington Petworth
West Sussex GU28 9BE - Full and part demolition of
previous extensions, construction of new orangery style
extension, new south extension and minor internal and
external alterations to original building.
Page 200
Reference/Status
Proposal
WE/14/01217/FUL
H (J Bell)
Awaiting Decision
Land West of Harwood Cemetery Lane Woodmancote
Westbourne West Sussex - Provision of five Gypsy and
Traveller pitches incorporating the re-design of an existing
pitch (including the removal of stables granted in permission
WE/13/03867/FUL) and the use of land for the stationing of
caravans for residential purposes for an additional 4 no
gypsy pitches, together with the formation of additional hard
standing and utility/ dayrooms ancillary to that use.
Hambrook Car Wash Common Road Hambrook
Westbourne West Sussex - Use of the land as a car wash.
Linked to WE/15/01814/FUL– appeal against enforcement
notice.
Hambrook Car Wash Common Road Hambrook Westbourne
West Sussex - Creation of an access and removal of trees
Linked to WE/15/00134/CONACC.
WE/15/00134/CONACC
WR (S Pattie)
In Progress
WE/15/01814/FUL
WR (F Stevens)
In progress
SDNP/15/03361/LDE
WEST LAVINGTON
H (D Price)
In progress
Stable Cottage Dunford Hollow West Lavington West
Sussex GU29 0ER - Use as single dwelling house with
garden and amenity area.
WW/15/00353/FUL
WR (P Kneen)
In Progress
Land to the Rear of Tanglewood, Briar Avenue East
Wittering West Sussex - Temporary retention for a period of
three years of eight no lorry containers for storage purposes.
Linked to WW/15/00363/FUL
Land to the Rear of Tanglewood Briar Avenue East Wittering
West Sussex - Proposed six pitch static caravan site with
warden’s caravan for holiday proposes only.
Linked to WW/15/00353/FUL
WW/15/00363/FUL
WR (P Kneen)
In Progress
WW/15/02780/FUL
WR (C Boddy)
In Progress
34 Marine Drive West Wittering West Sussex PO20 8HQ Demolition of existing residential property (2 Flats) and
erection of 2 no. 4 bedroom properties.
WR/15/00038/CONMHC
WR (R Hawks)
In progress
WR/15/00498/ELD
I (C Boddy)
In progress
WR/15/01974/DOM
WR (A Miller)
In Progress
1 Newfields Newpound Wisborough Green Billingshurst
West Sussex RH14 0AX - Stationing of 2 mobile homes. appeal against enforcement notices.
Beech Farm Roundstreet Common Loxwood Wisborough
Green West Sussex RH14 0AN - The siting of a mobile
home for the purposes of human habitation independently to
Beech Farm House.
Coed Afal Petworth Road Wisborough Green Billingshurst
West Sussex RH14 0BH - Proposed two storey rear
extension and internal alterations.
WR/15/01975/LBC
WR (A Miller)
In Progress
Coed Afal Petworth Road Wisborough Green Billingshurst
West Sussex RH14 0BH - Proposed two storey rear
extension and internal alterations.
Page 201
4. VARIATIONS TO SECTION 106 AGREEMENTS
5. CALLED-IN APPLICATIONS
Reference
Proposal
Stage
NONE
6. COURT AND OTHER MATTERS
Injunctions
Site
Breach
Stage
Land at Premier
Site Birdham
Road
Stable and other
preparatory works in the
AONB without planning
permission.
Contempt proceedings took place at
the Crown Court has given a hearing
date of 5 October 2015. Defendant
found guilty after Court agreed to hear
the evidence of officers in the absence
of the defendant who failed to attend
the hearing. On 30 November 2015 the
defendant attended court for the
handing down of the sentence. They
pleaded not guilty. Legal submissions
to be made at court on 27 January
2016
Due to ongoing breaches and further
works injunctions, against further
parties, are being sought in addition to
further enforcement action taken
relating to the erection of fencing in
breach of the recently issued Article 4
Direction.
Land at Scant
Road East
Preparation to convert use
to residential without
planning permission.
Prosecution of failure to adhere to
requirements of a Stop Notice have
been suspended following receipt of
information relating to a change in
ownership and statement of when
works were carried out. There is an
enforcement appeal pending in relation
to the operational development carried
out on the land. Case review to be
carried out pending decision on
whether to proceed with a prosecution.
Page 202
Prosecutions
Site
Breach
Stage
Nell Ball Farm
Plaistow
Failure to comply with
planning enforcement
notices
(i) Prosecution authorised and papers
passed to Legal Services (containers
on the land).
(ii) Prosecution proceedings to be
recommenced in relation to the
stationing of mobile homes.
Court date scheduled for 12.2.16
Dean Ale and
Cider House
West Dean
Failure to comply with
planning enforcement
notice
Site
Breach
Planning application has been
received. Matter is listed to 25
September 2015 but likely to be
adjourned and will be withdrawn if
planning permission for relevant
enforcement notice is granted.
25.09.15 – Court hearing adjourned
until determination of the application.
Prosecution
postponed
pending
outcome of an appeal
Stage
7. POLICY MATTERS
NONE
Page 203

(Public Pack)Agenda Document for Planning Committee, 03/02

Transcription

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