ITEM REFERENCE LOCATION PAGE /00468/FUL Playground, Imberhorne Lane Recreation Ground, Imberhorne Lane, East Grinstead,West Sussex RH19 1RJ

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1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE A 13 MAR 2014 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 01 14/00255/FUL The White Hart Inn, Ardingly Road, West Hoathly, East Grinstead,West Sussex, RH19 4RA /00257/LBC The White Hart Inn, Ardingly Road, West Hoathly, East Grinstead,West Sussex, RH19 4RA /00468/FUL Playground, Imberhorne Lane Recreation Ground, Imberhorne Lane, East Grinstead,West Sussex RH19 1RJ 31 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE 01 14/00141/FUL Lantern Cottage, Spring Lane, Lindfield, Haywards Heath,West Sussex, RH16 2RF 36 PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE None 1

2 MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE A 13 MAR 2014 PART I RECOMMENDED FOR APPROVAL West Hoathly 1. 14/00255/FUL Crown Copyright and database rights 2014 Ordnance Survey THE WHITE HART INN ARDINGLY ROAD WEST HOATHLY EAST GRINSTEAD RH19 4RA CHANGE OF USE OF EXISTING PUBLIC HOUSE AND RESTAURANT AND BUILDING ALTERATIONS TO FORM TWO DETACHED DWELLING HOUSES. DOVE PROPERTIES LTD, MR AND MRS PAYNE, MRS JACKSON GRID REF: EAST NORTH

3 POLICY: Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Areas of Outstanding Natural Beauty / Areas of Special Control for Adverts / Ashdown Forest SPA/SAC / Countryside Area of Dev. Restraint / Classified Roads - 20m buffer / Listed Building / Planning Agreement / Planning Obligation / Aerodrome Safeguarding (CAA) / Aerodrome Safeguarding (CAA) / / ODPM CODE: Minor Dwellings 8 WEEK DATE: 20th March 2014 CASE OFFICER: Miss Deborah Lynn PURPOSE OF REPORT To consider the recommendation of the Head of Economic Promotion and Planning on the application for planning permission as detailed above. EXECUTIVE SUMMARY This application seeks planning permission to change the use of The White Hart Inn from public house and restaurant to residential, with associated building works to form two detached dwellinghouses. This application is accompanied by an application for listed building consent, reference 14/00257/LBC. The property has been vacant since January Under policy CS7 of the Mid Sussex Local Plan, the change of use of a public house to residential will only be permitted in exceptional cases if it can be shown that the existing use is no longer viable and that the proposal would not have an unacceptable impact upon the amenity of the area. In addition, the property is grade II listed and therefore the National Planning Policy Framework advises that local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation. A Viability Study has been submitted by applicants in support of the proposal, of which the contents have been supported by the Council's Senior Licensing Officer. Whilst the loss of a public house is regrettable, in this instance the premises is not situated within a village location but in an isolated position where there is little walk up trade. The proposed development is considered an optimal use for the listed building and will sustain its significance, whilst enhancing its setting within the High Weald Area of Natural Beauty. Consequently the benefits of the proposal are considered to outweigh the potential loss of the public house. The proposal is not considered harmful to neighbouring amenities and will not present a highways issue, thereby complying with policies B1, B3, B10, C1, C4, CS7, T4, T5 and T6 of the Mid Sussex Local Plan and paragraphs 14, 17, 28, 55, 115, 126, 131 and 137 of the National Planning Policy Framework RECOMMENDATIONS Recommend permission be granted subject to the conditions outlined at Appendix A. 3

4 SUMMARY OF REPRESENTATIONS 6 letters of representation have been received. 5 are in support and make the following comments: - Not successful as pub for last 50 years - Pub has been vacant since Christmas Passing trade never enough to sustain viable business - Use as private house would ensure the future of the listed building - Proposal will enhance building, lose vast area of hard standing - Reduce amount of traffic on fast and busy road - Residential use will be less noisy for neighbouring residents 1 letter objects and raises the following points: - Council should be careful not to accelerate the further loss of rural business, thereby escalating house prices - Proposal goes against local plan policies and the NPPF - Viability could also be equally demonstrable - Viability statement shows this pub had best years at height of recession in 2010 and SUMMARY OF CONSULTATIONS (Full responses from Consultees are included at the end of this report as Appendix B) WSCC Highways Although there are no concerns with this proposal from a highway safety perspective, the site is also not sustainably located, and thus any potential residents would be heavily dependent upon the use of the private car. The Planning Authority may wish to consider whether in policy terms the provision of the dwellings outweighs the sustainability issues. From the information available to me no anticipated highways safety concerns would be raised to this proposal. If the LPA are minded to grant planning consent, conditions would be advised in respect of cycle parking, gates, vehicle parking and turning and visibility. MSDC Licensing Officer It is no secret that the licensing trade is suffering from the effects of the economic downturn. This premises is at a disadvantage, having to rely on people driving to it and having no significant local walk up trade. The premises failed to attract interest from prospective tenants when owned by Enterprise, despite various marketing attempts, i.e. free of tie for beer purchase (i.e. the tenant would not have to buy their beer through the company they could go elsewhere). There is still uncertainty concerning the improvement works which would undoubtedly involve spending money. Clear market forces dictated the eventual sale of the freehold and surrender of the liquor licence as evidenced by the viability report from Savills. MSDC Conservation Officer The proposal is a resubmission of 13/03997/LBC with minor amendments which address preceding conservation and design issues. The amended proposal may be accepted as consistent with Local Plan Policy B10 subject to conditions regarding hard surfacing materials, reclaimed tiles and timber framed double glazed windows. 4

5 MSDC Environmental Protection Officer No objection subject to conditions regarding construction hours, dust emissions and burning of materials on site. MSDC Contaminated Land Officer The southern part of the property is in the area of a former timber yard and has been used as a car park. As such, there is a risk of localised ground contamination at the site. An assessment of risk regarding potential land contamination should be carried out in relation to the proposal. MSDC Street Naming and Numbering Officer Proposal will require address allocation if approved; please add informative PARISH OBSERVATIONS West Hoathly Parish Council The Parish Council felt that the amendments to the plan were an improvement on the original but they still did not address the concerns the council had regarding the business case. The Council would therefore like the District Planning Committee to review and examine whether the business case demonstrates non-viability rather than have a delegated decision. Introduction This application seeks planning permission to change the use of The White Hart Inn from public house and restaurant to residential, with associated building works to form two detached dwellinghouses. This application is accompanied by an application for listed building consent, reference 14/00257/LBC. Relevant Planning History The existing Sussex barn at The White Hart Inn was attached via a link extension to the public house in 1985 under planning references HO and HO.30.85LB. Previous applications (references 13/03996/FUL and 13/03997/LBC) to convert the public house to form two detached dwellinghouses were withdrawn on the 14th January 2014 following officer concerns regarding the design of a proposed entrance to the barn, the siting of a detached garage to the north of the site and proposed boundary treatments. Site and Surroundings The White Hart Inn is a grade II listed building situated on the main B2028 road between Ardingly and Turners Hill. The building dates from the 17th Century and has been used as a public house for numerous years; however the property has been vacant since January 2013 and is currently fenced off. Various additions and outbuildings having been added to the rear of the pub over the years; the adjoining Sussex barn building was attached to the north of the listed building in 1985, being relocated from Slugwash Lane near Wivelsfield. The buildings are set back from the road at a slightly lower level and are served by two vehicular accesses onto the B2028. A large tarmac car park is situated to the south of the buildings; this is enclosed by a 1.8 metre high close boarded fence. Land levels slope down to the east and the site is well screened by established trees and vegetation to the north, east and south. 5

6 In terms of planning policy the site falls within a countryside area of development restraint and the High Weald Area of Outstanding Natural Beauty as defined by the Mid Sussex Local Plan. Application Details Plans show that the existing link extension between the inn and barn will be removed and the buildings separated to create two detached dwellinghouses consisting of a three bed dwelling and four bed dwelling. The site will be sub-divided by fencing to form two residential curtilages with associated parking to the north and south. Part of the existing car park to the south will be grassed over to form part of the rear garden to 'White Hart House'; this will be demarcated by 900mm high post and wire fencing and shrubbery. A detached double garage measuring 6 metres wide by 6 metres long and 5.2 metres high is proposed to the south of the site to serve the proposed house. Existing vehicular accesses will remain to serve the two buildings; five bar timber gates inset 6 metres from the highway boundary are proposed to each entrance. A new timber clad entrance lobby is proposed to the barn building together with new fenestration on the front and rear elevations. The southernmost chimney on the main listed building is proposed to be removed together with the proposed cladding of existing ground floor extensions. Alterations to fenestration are proposed to the side and rear of the main building. List of Policies National Policy National Planning Policy Framework (NPPF) Paragraphs 14, 17, 28, 55, 115, 126, 131, 137 District Plan District Plan- The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. Mid Sussex Local Plan Policy B1 - Design Policy B3 - Neighbour Amenity Policy B7 - Trees and Development Policy B10 - Listed Buildings and their setting Policy C1 - Countryside Area of Development Restraint Policy C4 - Areas of Outstanding Natural Beauty Policy CS7 - Community Facilities Policy T4 - Transport and New Development Policy T5 - Parking Standards Policy T6 - Cycle Provision 6

7 Assessment (Consideration of Key Issues) There are a number of issues to be taken into account when considering this application: these include whether the principle of the proposed development is acceptable, impact upon the designated heritage asset and its setting, impact upon the wider character of the locality and highways issues. Principle of Development The National Planning Policy Framework was published on 27 March 2012 and sets out the governments' planning policies for England and how these are expected to be applied. The purpose of the planning system is to contribute to the achievement of sustainable development, encompassing economic, social and environmental dimensions. The presumption in favour of sustainable development, as described in paragraph 14, should be seen as a 'golden thread' running through both plan-making and decision-taking. For decision-taking, this means approving development proposals that accord with the development plan without delay and, where the development plan is absent, silent or relevant planning policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. Paragraph 28 of the NPPF relates to supporting a prosperous rural economy and states that the retention and development of local services and community facilities in villages, such as public houses, should be promoted. Paragraph 55 states that Local Planning Authorities should avoid isolated new homes in the countryside unless there are special circumstances such as: "where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets". Paragraphs 126 and 131 add that "in determining planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation." Policy CS7 of the Mid Sussex Local Plan states that proposals for a change of use or redevelopment which would result in the loss of a public house will not be permitted other than in exceptional circumstances where a change of use to another community use or residential use will be permitted provided that: - it can be shown that the existing use is no longer viable; and - the proposal would not have an unacceptable impact on the amenity of the area. The applicants have submitted a Viability Study in support of their application. This outlines the recent operating history of the premises which states that the public house has been closed since January 2013, following a number of attempts by different tenants to run the business under leasehold from the owner, Enterprise Inns. The public house was subsequently marketed after January 2013 with Enterprise Inns being flexible about the type of lease that would be considered; however no prospective tenants were found. A précis of the pub industry over the last 6 years has been provided, as has a summary of the estimated Fair Maintainable Operating Profit for the business. The study advises that the pub's kitchen would require significant investment in order to allow the business to compete with the many established pub restaurant operators in the area. It estimates that a husband and wife team operating the business would be likely to achieve, after taking into account running costs and wages, a net profit of 5,000 per annum, prior to rent being paid. Competition from nearby public houses is also explored in the report. 7

8 Whilst no accounts information has been submitted detailing the profits or losses from the business in recent years, the Council's Senior Licensing Officer has viewed the Viability Study and made comments based on his dealings with the premises. He has confirmed that the premises license was surrendered by Enterprise Inns in October 2013 and that any future use as a licensed premises would require an application for a new premises license. The last tenant who operated the business from 2011 to 2013 tried to diversify by hiring the venue out for wedding receptions and christenings in order to supplement pub and restaurant takings; this resulted in complaints from neighbours regarding noise and disturbance. When the public house was closed in January 2013 it was the subject of a number of improvement notices for health and safety and food hygiene reasons. He cites The Gardeners Arms as one of the reasons that The White Hart has failed, two pubs being within a couple of miles of one another offering similar experiences. The Gardeners has the advantage of being opposite the South of England Showground which hosts a number of events during the year. He concludes that The White Hart Inn is at a disadvantage, having to rely on people to drive to it and having no significant walk up trade. The premises failed to attract interest from prospective tenants when owned by Enterprise, despite various marketing attempts, i.e. free of tie for beer purchase. Clear market forces dictated the eventual sale of the freehold and surrender of the liquor licence as evidenced by the viability report from Savills. In light of comments received from the Council's Senior Licensing Officer, which support the contents of the submitted Viability Study, it is considered that the principle of converting the public house to form two residential dwellings is acceptable. In addition, as the premises is a grade II listed building, the proposal should ensure that the significance of the heritage asset is sustained and enhanced, by putting it to a viable use consistent with its conservation, in accordance with policies of the NPPF. Whilst paragraph 28 of the NPPF stipulates that the retention of community facilities in villages, such as public houses, should be promoted, in this instance, the White Hart Inn is not deemed to be a village pub, being situated in an isolated position outside of the neighbouring village boundaries of West Hoathly, Turners Hill and Ardingly. Consequently, whilst the loss of the public house is regrettable, the proposal is not considered to conflict with paragraph 28 of the NPPF. In this instance, the wider benefits of the scheme are considered to outweigh the potential loss of the public house. In addition, the proposal will result in a net increase of one residential dwelling, adding to the districts' housing stock, for which the Council is currently unable to demonstrate a five year housing land supply. Design and Impact on the Listed Building and the Character of the Area The Council's Conservation Officer has been consulted with regards to potential impact upon the listed building and its setting and is satisfied that the proposal is consistent with policy B10 of the Mid Sussex Local Plan. The proposed residential use of The White Hart Inn is considered the optimal use for the listed building, ensuring that its use is sustained and appearance enhanced. The proposal will involve the separation of the barn from the main listed building via removal of the link extension. The two buildings were not originally intended to be conjoined and consequently the proposed separation of the buildings should better reveal the form of the listed building. An accretion of unsympathetic ancillary structures will be removed from the rear of the White Hart and an unsightly side addition remodelled to a somewhat more complementary form. The proposed works to the building which include the creation of a new entrance lobby to the barn, removal of chimney, cladding of the south elevation with weatherboarding and tile hanging and alterations to fenestration are considered appropriate and should not detract from the special architectural and historic character of the listed building. 8

9 Existing areas of hard surfacing will be removed and soft landscaping, more in keeping with the rural location, will be re-instated. This should not only enhance the setting of the listed building but also its appearance within the street scene and wider High Weald Area of Outstanding Natural Beauty. The proposed boundary treatments of 900 mm high post and wire fencing with shrub planting are considered sympathetic to its rural location and will improve upon the imposing 1.8 metre high close boarded fence currently situated on the southern side of the site. The detached garage proposed to the south of the site is considered appropriate in terms of design, size, scale and siting and should not sit obtrusively within the landscape, thereby conserving the scenic qualities of the surrounding Area of Outstanding Natural Beauty. Impact on Highway Safety The proposal will utilise existing vehicular accesses and will result in less vehicular movements to and from the site. Proposed parking arrangements are considered acceptable as are the proposed entrance gates which will be inset 6 metres from the highway boundary. Consequently no highways objection has been raised to the proposed development. Impact on amenities of adjacent residents The proposal is not considered to be harmful to neighbouring amenities and should reduce the potential for noise and disturbance. Space Standards Floor plans show that the gross internal floor space of the proposed dwellings should exceed the Council's adopted Dwelling Space Standards of 93 square metres and 111 square metres for a three bed dwelling and four bed dwelling respectively. Habitats Regulations The site is within 7km of the Ashdown Forest Special Protection Area (SPA) and Special Area of Conservation (SAC), this is a European Site of Nature Conservation Importance, which lies adjacent to the north east boundary of Mid Sussex and within the District of Wealden. The area is protected by the European Habitats Directive and by Government Planning Policy. Under the Conservation of Habitats and Species Regulations 2010 (The Habitats Regulations), the competent authority, in this case Mid Sussex District Council has a duty to ensure that any plans or projects that they regulate will have no adverse effect on the integrity of Ashdown Forest. Regulation 61 of The Habitats Regulations requires the Council to assess the possible effects of plans or projects i.e. planning applications on Ashdown Forest. If the proposed development will not have a likely significant effect on the Forest, either alone or in combination with other proposed developments in the area the Council may proceed to determine the application. However, if a significant effect is likely, either alone or in combination with other planning permissions, an appropriate assessment must be undertaken to establish whether the proposed development will have an adverse effect on the integrity of the site. If the assessment reveals that it will not have an adverse effect, the Council may proceed to determine the application. The LPA has recently produced an interim SAMM (Strategic Access Management and Monitoring) strategy that sets out measures to protect the SPA from new recreational pressures through managing access (visitor) behaviour and monitoring both birds and visitors. 9

10 The projects that form the mitigation measures have been discussed and agreed in collaboration with the Conservators of Ashdown Forest, Natural England and other affected local authorities. It is intended that this interim strategy will mitigate the impact of new residential development proposals coming forward within the 7km zone around the Ashdown Forest prior to the provision of Suitable Alternative Green Spaces (SANGs). The applicants have agreed to make a financial contribution towards this interim SAMM strategy which needs to be secured via a Section 106 Legal Obligation. On this basis the impact on the Forest is deemed to be successfully mitigated. It is not considered therefore that there are any likely significant effects on the Forest, alone or in combination with other proposed developments, the determination of this application can therefore proceed. Conclusions The proposed development to change the use of the public house to residential is deemed acceptable in that the existing use is no longer considered viable. The proposal will ensure that the designated heritage asset is sustained and enhanced with proposed works and associated landscaping enhancing the setting of the listed building and conserving the wider landscape of the High Weald Area of Outstanding Natural Beauty. The proposal is not considered harmful to neighbouring amenities and will not present a highways issue, thereby complying with policies B1, B3, B10, C1, C4, CS7, T4, T5 and T6 of the Mid Sussex Local Plan and paragraphs 14, 17, 28, 55, 115, 126, 131 and 137 of the National Planning Policy Framework. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 Pre-commencement conditions 2. No development shall be carried out unless and until samples of materials and finishes to be used for external walls and roof of the proposed extension, alterations and garage building have been submitted to and approved by the Local Planning Authority. Such materials and finishes shall match those of the existing building in all respects. Reason: To protect the special character of the Listed Building and to accord with Policy B10 of the Mid Sussex Local Plan. 3. No development shall commence until a specification of proposed windows and doors to be used has been submitted and approved by the Local Planning Authority. Reason: To protect the special character of the Listed Building and to accord with Policy B10 of the Mid Sussex Local Plan. 10

11 4. No development shall take place until there has been submitted to, and approved in writing by, the Local Planning Authority full details of a hard and soft landscaping scheme and these works shall be carried out as approved. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed by the Local Planning Authority. Any trees or plants which, within a period of five years from the completion of development, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. Reason: In the interests of visual amenity and of the environment of the development and to accord with Policy B1 of the Mid Sussex Local Plan. Construction phase 5. No work for the implementation of the development hereby permitted shall be undertaken on the site on Public Holidays or at any other time except between the hours of 8 a m and 6 pm on Mondays to Fridays and between 9 am and 1 pm Saturdays. Reason: To safeguard the amenities of nearby residents and to accord with Policy B3 of the Mid Sussex Local Plan. 6. The rooflights hereby permitted shall be conservation style rooflights. Reason: To protect the special character of the Listed Building and to accord with Policy B10 of the Mid Sussex Local Plan. 7. The access to each dwelling shall be laid out to provide visibility splays of 2.4 by 215 metres on each side of the access inasmuch as is under control of the applicant. Reason: In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan. 8. The entrance gates shall be erected in accordance with details shown on the submitted site plan. Reason: In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan. Pre-occupation conditions 9. The buildings shall not be occupied until the parking spaces and turning facilities shown on the submitted plans have been provided and constructed. The areas of land so provided shall not thereafter be used for any purpose other than the parking and turning of vehicles. Reason: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways and to accord with Policy T5 of the Mid Sussex Local Plan. 11

12 10. The buildings shall not be occupied until the cycle parking shown on the submitted plans have been provided and constructed. Reason: To enable adequate provision for a facility which is likely to reduce the amount of vehicular traffic on existing roads and to accord with Policy T6 of the Mid Sussex Local Plan. 11. The development shall not be occupied until the following steps 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until step 4 has been complied with in relation to that contamination. 1. Site Characterisation An investigation and risk assessment, in addition to the assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: - human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 12

13 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of step 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of step 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with step 3. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to accord with Policy CS20 of the Mid Sussex Local Plan. INFORMATIVES 1. The applicant is advised to contact the Community Highways Officer covering the respective area ( ) to obtain formal approval from the highway authority to carry out the site access works on the public highway. 2. Your attention is drawn to the requirements of the Environmental Protection Act 1990 with regard to your duty of care not to cause the neighbours of the site a nuisance. Accordingly, you are requested that: - Measures shall be implemented to prevent dust generated on site from crossing the site boundary during the demolition/construction phase of the development. - No burning of materials shall take place on site at any time. If you require any further information on these issues, please contact Environmental Protection on

14 3. The proposed development will require formal address allocation. You are advised to contact the Council's Street Naming and Numbering Officer before work starts on site. Details of fees and advice for developers can be found at or by phone on In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), the Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. Plans Referred to in Consideration of this Application The following plans and documents were considered when making the above decision: Plan Type Reference Version Submitted Date Location Plan 13/15/LOCATI ONPLAN A Proposed Site Plan 13/15/09 D Existing Elevations 13/15/06 A Existing Floor Plans 13/15/05 A Existing Sections 13/15/04 A Existing Floor Plans 13/15/03 A Existing Floor Plans 13/15/02 A Existing Site Plan 13/15/01 A Proposed Floor Plans 13/15/12 A Proposed Elevations 13/15/15 A Proposed Floor Plans 13/15/16 A Proposed Floor Plans 13/15/17 A Proposed Sections 13/15/18 A Proposed Floor and Elevations Plan 13/15/19 A

15 APPENDIX B CONSULTATIONS WSCC Highways This proposal has been considered by means of a desktop study, using the information and plans submitted with this application, in conjunction with other available WSCC map information. A site visit can be arranged on request. I refer to your consultation in respect of the above planning application and would provide the following comments. West Sussex County Council was consulted previously on Highway Matters for this location under planning application 13/03996/FUL to which no objections were raised. This application was however withdrawn by the applicant. Application 14/00255/FUL is similar in highways terms to that previously proposed. This application seeks change of use from A3/A4 Public House to 2 x residential dwellings. The site is served via two existing points of access onto Ardingly Road, which is 'B' classified and subject to the national speed limit. From inspection of the plans, there appears to be no apparent visibility issue at the point of access onto Ardingly Road. I have also checked the most recently available verified accident records, which reveals there have been no relevant personal injury accidents in the vicinity of the existing point of access. The proposed change of use from Public House to 2 x residential dwellings would result in less vehicular movements being associated with the site therefore no anticipate highways safety concerns would be raised. It would however be advised to secure 2.4 x 215m visibility splays inasmuch as is under control of the applicant to maintain maximum available visibility in perpetuity. Each dwelling will be provided with two parking bays/garage spaces and additional forecourt parking. This quantity of parking provision is considered acceptable for dwellings of this size in this location. Cycle parking facilities have also been included on the site plan provided (13/15/09 Rev D) and are considered to be appropriate. Appropriate vehicular turn on site facilities has also been included on the submitted site plan. Gates have been indicated on the site plan; they are set back 6.0 metres form the carriageway edge and open inwards of this site. This is considered to be acceptable. Although there are no concerns with this proposal from a highway safety perspective, the site is also not sustainably located, and thus any potential residents would be heavily dependent upon the use of the private car. The Planning Authority may wish to consider whether in policy terms the provision of the dwellings outweighs the sustainability issues. From the information available to me no anticipated highways safety concerns would be raised to this proposal. If the LPA are minded to grant planning consent the following conditions would be advised. Conditions: - Cycle Parking - Gates - Vehicle Parking and Turning - Visibility 2.4 x 215 (In as much as is under control of the applicant) 15

16 After communication with the Local Member for West Hoathly please see below an additional response for the above application. A site survey was conducted on 05/02/2014. It was observed on site that there is a steep gradient at both points of access onto Ardingly Road. The applicant would be advised to reduce the gradient from the edge of the carriageway for the first 5.5 metres ideally to 1:20 but no steeper than 1:15. These vehicle crossover works should be completed under licence from the community highways officer. Informative: Minor Highway Works The applicant is advised to contact the Community Highways Officer covering the respective area ( ) to obtain formal approval from the highway authority to carry out the site access works on the public highway. These comments are considered to be for advice only. MSDC Licensing Officer I have read the viability report from Savill's and the comments from the Parish Council as a submission to the whole application. The brief history of this premises is that a Mr Hamilton was the tenant of the premises from 2005 to 2007 when Mrs Esdaile took over. She was succeeded by Mr Cox in October Mr Cox and his wife left the pub on 3rd January It has lain empty since failing to find a new tenant and latterly when the freehold was offered for sale, a buyer to continue it's use as a licensed premises. In October 2013,Enterprise Inns surrendered the Licensing Act 2003 Premises Licence, which authorised it to sell alcohol and provide regulated entertainment. Any future use as licensed premises would require an application for a brand new licence. When it closed in January 2013 it was the subject of a number of improvement notices for Health and Safety and Food Hygiene reasons. We are unsure of the progress of the improvement work as access could not be gained to check compliance in January Most of my dealings with the premises took place during Mr Cox's reign at the pub. He did try diversifying the services offered there by hiring the place out for exclusive use for wedding receptions, christenings etc. This in an effort to supplement the normal pub/restaurant trade. Whilst this didn't happen every week it did attract complaints from neighbours from music noise. During my conversations it was apparent that trade was slow and they were merely trying something different to support their business. The Parish Council cite three premises as an example of being turned around. The Punch Bowl failed as a pub/restaurant and was empty for a 2 years until it was reborn as a Indian restaurant with a total investment approaching 1m - a totally different venue to the original concept. 16

17 The Crown at Horsted Keynes is in the middle of a village and clearly had a loyal support from the local populace who can walk to the premises. The Gardeners Arms is probably one of the reasons that The White Hart failed. Two pubs within a couple of miles of each other offering similar experiences. Both have no obvious ' walk up' trade, being on the busy road from Turners Hill to Lindfield. They both rely on a car drive to the premises. The Gardeners has the advantage of being opposite the South of England Showground which hosts a number of events during the year. It is no secret that the licensing trade is suffering from the effects of the economic downturn. This premises is at a disadvantage, having to rely on people driving to it and having no significant local walk up trade. The premises failed to attract interest from prospective tenants when owned by Enterprise, despite various marketing attempts ie free of tie for beer purchase ( ie the tenant would not have to buy their beer through the company they could go elsewhere). There is still uncertainty concerning the improvement works which undoubtedly involve spending money. Clear market forces dictated the eventual sale of the freehold and surrender of the liquor licence as evidenced by the viability report from Savills. MSDC Conservation Officer The proposal is a resubmission of 13/03997/LBC with minor amendments which address preceding conservation and design issues. (Ref. conservation assessment dated 31 December 2013, copied below) 1. The amended site plan (13/15/09 Rev D) successfully resolves the preceding issues concerning terraces, boundary treatments and gates. However, the following discrepancy is noted: The site plan shows a 900mm high post and wire fence delineating the boundary between the two front gardens. This will be partially concealed by shrubbery and is appropriate to the rural context. Annotation of this element on the elevational drawing has not been amended to accord with the revised site plan. 2. A sympathetically designed, timber-framed and weather-boarded porch is detailed on Elevational drawing 13/15/15 Rev A, which also clarifies the treatment of the reinstated northern elevation. 3. Subject to the following conditions, the amended proposal may be accepted as consistent with Local Plan Policy B10: - Specification of hard surfacing materials appropriate to the rural context. - Reclaimed tiles should be sourced for the porch roof and the tile-hanging to the southern elevation of the listed building, in order to reduce the visual impact of the new elements as much as possible. - All new timber framed, double glazed windows to both the barn and the White Hart must be of 'slim-line' form so that while achieving better thermal efficiency, they have minimal impact on the traditional character of the buildings. 17

18 Date: 31 December 2013 Case Number 13/03997/LBC: Site: The White Hart Inn, Ardingly Road, West Hoathly Proposal: Residential conversion of a Grade II listed building and an associated vernacular barn. The White Hart Public House is a Grade II listed building of the 17th century and attached to its northern elevation is a reconstructed, timber-framed and weatherboarded Sussex barn. The two buildings have a strong streetscape presence and together, their distinctive forms make an important contribution to local character. The proposed works are reviewed in terms of Local Plan Policies B10 and C13. The attached barn was previously used in conjunction with the Public House and the present proposal seeks to separate the two buildings and convert both to independent, residential use. The listed building was not originally intended to have a conjoined barn and demolition of the modern link between the two structures will restore the individual spatial characteristics of each. An accretion of unsympathetic ancillary structures will be removed from the rear of the White Hart and an unsightly side addition remodelled to a somewhat more complementary form. Setting The existing access from Ardingly Road is sympathetically adapted to create a separate entrance to each building and covered parking is provided in well sited, modestly scaled, timber structures of a design appropriate to the context. Extensive areas of utilitarian hard surfacing will be removed and soft landscaping more in keeping with the rural location will be reinstated, much improving the visual quality of the settings of both the listed building and the Sussex barn. It is noted that a 1.8m close boarded fence is proposed to delineate the boundary between the two dwellings and to enclose their private gardens. While this may be acceptable in providing privacy to the rear gardens, it is overly intrusive when used to delineate the boundary between the two buildings and their front gardens. Delineation at this point should be achieved predominantly by planting and if a fence is required, it must be inconspicuous and designed as part of the front boundary treatment. Full details are required of the proposed front gates and means of enclosure to either side (all should be visually permeable and appropriate to the rural context). Although acceptable in principle, the proposed site plan lacks details in some areas and the following must be provided: - The extent of the external terrace to the Barn and to the listed building (if applicable) must be delineated on the site plan. - Annotation of materials to be used for driveways, terraces, pathways and steps. Barn Conversion The reconstructed barn was previously adapted to uses associated with the neighbouring Public House and the present residential conversion is accomplished within the existing building envelope, with few new openings cut in to the external fabric. While adapting the interior to the new domestic use, a significant area remains open from floor to ridge so the original spatial proportions are evident. However, the new western elevation to the remodelled entrance lobby is overtly domestic in character and makes further use of an alien modern material first introduced when the barn was unsympathetically connected to the listed building. 18

19 Both the barn and the White Hart are timber-framed buildings and the remodelled entrance lobby should reference these traditional materials rather than the inappropriate modern brick elements. A timber framed and glazed aesthetic more in keeping with the utilitarian character of the barn should be considered. White Hart Inn Separation of the listed building from the adjacent barn is welcomed as the historic form of the designated heritage asset will be better revealed. However, no information has been provided concerning the reinstatement of the northern elevation and although it is acknowledged that this element is of limited historic interest, a fully detailed drawing must be submitted. The proposal sympathetically converts the interior of the Public House to residential use and results in minimal loss of historic fabric, as alterations are minor and largely confined to areas of newer work. It is noted that a bathroom is to be formed at first floor level and evidence should be provided to demonstrate that the timber frame of the listed building can support the weight of a bath when full of water. Advisory - All new timber framed, double glazed windows to both the barn and the White Hart must be of 'slim-line' form so that while achieving better thermal efficiency, they have minimal impact on the traditional character of the buildings. - Reclaimed tiles should be sourced for the tile-hanging to the southern elevation of the listed building, in order to reduce the visual impact of the new cladding as much as possible. Subject to the minor design amendments described above and submission of the required additional information, the proposed residential conversion has the potential to be accepted in terms of Policies B10 and C13. MSDC Environmental Protection Officer Environmental Protection has no objection to this application subject to: Conditions: - Construction hours: Works of construction or demolition, including the use of plant and machinery, necessary for implementation of this consent shall be limited to the following times: Monday - Friday 08:00-18:00 Hours Saturday 09:00-13:00 Hours Sundays and Bank/Public Holidays no work permitted Reason: to protect the amenity of local residents. - Minimise dust emissions: Demolition/Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to, and approved in writing by, the local planning authority. The scheme as approved shall be operated at all times during the demolition/construction phases of the development. Reason: to protect the amenity of local residents from dust emissions. 19

20 - No burning materials: No burning of demolition/construction waste materials shall take place on site. Reason: to protect the amenity of local residents from smoke, ash, odour and fume. MSDC Contaminated Land Officer The southern part of the property is in the area of a former timber yard and has been used as a car park. As such, there is a risk of localised ground contamination at the site. An assessment of risk regarding potential land contamination should be carried out in relation to the proposal. The following condition is appropriate: The development shall not be occupied until conditions 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination. 1. Site Characterisation An investigation and risk assessment, in addition to the assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: - human health, - property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, - adjoining land, - groundwaters and surface waters, - ecological systems, - archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 20

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