ITEM REFERENCE LOCATION PAGE /01515/FUL Land North Of Highfield Drive, Hurstpierpoint, West Sussex,BN6 9AT, 2

Transcription

1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 4 SEP 2014 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 01 14/01515/FUL Land North Of Highfield Drive, Hurstpierpoint, West Sussex,BN6 9AT, /01827/FUL Land At Sandy Lane, Brighton Road, Hassocks, West Sussex, BN6 9LY /02182/FUL Land Between 98 And 104, Folders Lane, Burgess Hill, West Sussex, RH15 0DX /02395/FUL Community Mental Health Centre, Summerfold House, 152 Leylands Road, Burgess Hill, West Sussex RH15 8JE /02460/FUL North End, London Road, East Grinstead, West Sussex,RH19 1QJ /02464/FUL Land Rear Of Silver Birches, Keymer Road, Burgess Hill, West Sussex,RH15 0AN /02534/FUL Municiple Security Ltd, Seaspace House, Brighton Road, Handcross,Haywards Heath, RH17 6BZ 132 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE 1 TP/14/0005 Barnham, Courtmead Road, Cuckfield 1

2 MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 4 SEP 2014 PART I RECOMMENDED FOR APPROVAL Hurstpierpoint And Sayers Common 1. Copyright and database rights 2012 Ordnance Survey LAND NORTH OF HIGHFIELD DRIVE HURSTPIERPOINT WEST SUSSEX BN6 9AT 2

3 RESIDENTIAL DEVELOPMENT OF 17 UNITS COMPRISING OF 4NO. 2 BED HOUSES, 3NO. 3 BED BUNGALOWS, 3NO. 3 BED HOUSES, 4NO. 4 BED HOUSES AND 3NO. 5 BED HOUSES WITH ASSOCIATED PARKING AND GARAGING, AREA OF PLAY, BALANCING POND, CHANGE OF USE FROM AGRICULTURE LAND TO AGRICULTURE SPACE. RYDON HOMES LTD. GRID REF: EAST NORTH POLICY: Areas of Special Control for Adverts / Built Up Areas / Conservation Area / Countryside Area of Dev. Restraint / Classified Roads - 20m buffer / Planning Agreement / Planning Obligation / Public Right Of Way / Aerodrome Safeguarding (CAA) / Strategic Gaps / SWT Bat Survey / Countryside Area of Dev. Restraint / Strategic Gap / Area of Special Control of Adverts / Aerodrome Safeguarding / ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 25th July 2014 CASE OFFICER: Mr Andrew Watt 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 Full planning permission is sought for a residential development of 17 dwellings comprising 4 no. 2-bed houses, 3 no. 3-bed bungalows, 3 no. 3-bed houses, 4 no. 4-bed houses and 3 no. 5-bed houses with associated parking and garaging, area of play, balancing pond, and change of use from agricultural land to agricultural space on land north of Highfield Drive in Hurstpierpoint. Previous concerns by the council and Inspector on the impact of residential development on the Hurst Wickham Conservation Area have been overcome by a significant reduction in the extent and scale of the proposed development. The Inspector raised no objection to the encroachment of development in this area in terms of its impact on the Strategic Gap. No objection was raised by the council to developing this site for 17 dwellings in refusing a combined scheme with Little Park Farm. Moreover, this site has been allocated for residential development (of 17 dwellings) in the Parish Council's Neighbourhood Plan. Thus the principle of developing this site is considered acceptable in line with paragraph 49 of the NPPF, where the council does not have a 5 year housing land supply. Taking account of the planning balance in paragraph 14 of the NPPF, it is considered that there are significant benefits of this scheme, such as addressing a shortfall of housing in the District and Hurstpierpoint more specifically; providing much needed affordable housing; providing a new public play and open space; economic benefits through construction jobs and spending on local services by future occupiers; mitigating the impacts of the development through infrastructure contributions, secured via a legal agreement; and landscape enhancements. It is further considered that these benefits are sufficient to outweigh any harm to the loss of small sections of hedgerow and tree groups. 3

4 No harm is considered to be caused to the Strategic Gap or to the amenities of neighbouring occupiers. The development is thus deemed to be sustainable in all respects, and would not have a harmful impact on the setting of the Conservation Area. As such, it would comply with the NPPF and policies G2, G3, C5, C6, B1, B2, B3, B4, B7, B15, H2, H4, T4, T5, T6, CS13, CS18 and CS22 of the Mid Sussex Local Plan and can therefore be supported. RECOMMENDATION Recommendation A It is recommended that, subject to the completion of a satisfactory S106 planning obligation to secure the required level of infrastructure contributions, on site open space and affordable housing provision, planning permission be granted subject to the conditions set out in Appendix A. Recommendation B If by 4 November 2014, the applicants have not submitted a satisfactory signed planning obligation securing the necessary financial contributions, on site open space and affordable housing provision, then it is recommended that planning permission be refused at the discretion of the Head of Economic Promotion and Planning for the following reason: "The application fails to comply with paragraphs 203 and 204 of the National Planning Policy Framework and policies G3, C5, B1, B2, B15 and H4 of the Mid Sussex Local Plan in respect of the infrastructure, affordable housing and landscape mitigation required to serve the development." SUMMARY OF REPRESENTATIONS Hurstpierpoint Society: - Development will not meet national or local levels of sustainability. - Out of character with houses in Highfield Drive. - Will have a closed in appearance in contrast to the present open country feel. - Application appears to have been submitted in haste. - Do not, however, object to the principle of development on this site with the reduced number of units now proposed. 20 letters of objection: - This is never going to be approved based on past submissions. - Larger site in the hands of the Secretary of State, so should not be considered before the decision is known. - Devious and greedy. - Obtrusive. - Land north of footpath designated as greenbelt. - Views seriously affected. - Will require stopping up or diversion of public right of way. - Significant congestion along College Lane and High Street of Hurstpierpoint. - Oversubscribed school places. - Will absorb hamlet of Hurst Wickham into the built up area. - Dilution of distinctiveness of conservation area. - Flooding. 4

5 - Cumulative impact of residential developments on the village. - Highfield Drive is a narrow road and suffers damage to kerbstones and grass verges. - Will attract dog mess. - Deterrent of car parking on a newly grassed area [at 38/38A Highfield Drive] will not work. - Litter. - Increased noise. - Security problems. - Turning space behind rear garden into public amenity. - Hurstpierpoint already losing village feel. - Development should meet the needs of the village, not what a developer/destructer wants to build. - Insufficient bungalows in the village. - Conflict between traffic crossing and children using the footpath. - Village highly congested already. - Doctors surgery oversubscribed. - Residents of Hurstpierpoint are reliant on the car. - Insufficient parking. - Air quality reports finish at 2012, so more up to date data would give a more accurate account of the impact of pollution at the Stonepound Crossroads. - No traffic survey data. - Development does not follow any of the natural formation of the fields and hedgerows. - 2-storey properties appear much taller than existing properties on Highfield Drive. - No environmental features, such as PV panels. - The balancing pond needs to be fenced off from the play area. - Site regularly floods. - No sewers to serve this development. - Planned access neither suitable nor adequate. - Land acts as soakaway and is frequently swamped by surface water from all sides. - No provision made for sewage connection. - Overlooking. - Low level dwellings more appropriate. - Hurst Wickham has always been a separate and relatively quiet and calm oasis. - All that is good and beautiful about Hurst is being destroyed. - Tree screen is not evergreen, so privacy will be destroyed. - Highest buildings are on the highest part of the land and the lowest buildings on the lowest, which makes no sense. - Alternative brownfield sites should be developed first. - Greenfield sites such as this should remain to prevent the urban sprawl and coalescence of areas of distinct character. - The Parish Council's plan has not yet gone to referendum and met with a great many objections. - How will COS be managed as sustainable and stand alone. - What measures will be taken to prevent vehicles driving onto the COS, e.g. for fly tipping or any unauthorised occupancy of the site that would be detrimental to any proposed management plan? - Any future management should consider any historical species including any grassland that may lie dormant and could reappear during the process. - Need to ensure the best management methods are set in place for the COS. - It is a joy to site of an evening watching the wildlife, rabbits and foxes, deer and bats. - Developers are looking to exploit rather than enhance the desirability of the area for residents, local businesses and tourists. - Why has Ditchling never been considered for this development? 5

6 - The market prices of these houses makes it impossible for first time buyers, so for whom are they being built? - Determination of this application is premature. - Proposal does not alter previous Inspector's decision. - Insecure parking arrangement to the rear of plots 2 and 3. - Will encourage on street parking. - Affordable housing should be distributed throughout a site and not grouped together. - No specifically designed homes for disabled people. - Lack of sustainability - should meet CL4 or 5. - No attempt to discuss residents' concerns from previous applications, so contrary to para 66 of the NPPF. - Application has been put forward in haste. 3 letters of comment: - Neither objects nor supports application. - Loss of 2 valuable parking spaces. - Can this application be determined whilst the first is still being considered by the Secretary of State? - Proposed properties will merge nicely with existing properties for the previous application, but they are now of a different style and therefore look less pleasing. - Confirm trees will be retained? - Safeguards should be put in place to avoid any additional development by handing over the adjacent land parcel to the Parish Council. - Note that road between plots 10 and 11 is open ended, so this may facilitate future encroachment into the open space. SUMMARY OF CONSULTATIONS MSDC Contaminated Land Officer No specific comments. MSDC Drainage Engineer No objection subject to conditions. MSDC Environmental Protection No objection subject to conditions. MSDC Housing The affordable housing mix will meet a known local housing need. MSDC Leisure Proposal will attract a contribution towards local leisure infrastructure totalling 55,341. MSDC Street Naming and Numbering Officer Informative requested. MSDC Tree & Landscape Officer To be reported. MSDC Urban Designer No objection, subject to conditions. WSCC Ecologist No ecological objections, subject to conditions. 6

7 WSCC Highways No objection in principle, however additional detailed information is required to check the internal layout. WSCC Infrastructure Proposal will attract a contribution towards county infrastructure totalling 140,034 Environment Agency No objections. Natural England No objection. Sussex Police No major concerns with the proposals; however, additional measures to mitigate against any identified local crime trends may be required. Southern Water No objection, subject to condition and informative. PARISH COUNCIL OBSERVATIONS Discussion took place, noting that this application was generally in line with the Submission Version of the Neighbourhood Plan. It was noted that an existing, but not implemented, s106 Agreement (December 2013) was in place in respect of Little Park/Highfield Drive planning application (MSDC Ref: 12/04141) and that any new s016 Agreement for this application should be the same in respect of the Highfield Drive portion of the development. It was also noted that the proposed LEMP (Landscape and Ecological Management Plan) should be approved by the Parish Council as well as the District Council. Concern was expressed that, although this was in the Neighbourhood Plan, it was as part of a larger development proposal which included Little Park and substantially more parkland. A vote was taken and there were three abstentions and seven for. RECOMMENDATION: Permission be granted. Planning conditions: (1) The Parish Council shall be a party to the s106 Planning Agreement; (2) The LEMP shall be approved by the Parish Council. INTRODUCTION Full planning permission is sought for a residential development of 17 dwellings comprising 4 no. 2-bed houses, 3 no. 3-bed bungalows, 3 no. 3-bed houses, 4 no. 4-bed houses and 3 no. 5-bed houses with associated parking and garaging, area of play, balancing pond, and change of use from agricultural land to agricultural space on land north of Highfield Drive in Hurstpierpoint. RELEVANT PLANNING HISTORY In August 2011, the Council refused an outline scheme (access and layout for consideration) submitted by Rydon Homes for 51 units on land north of Highfield Drive, Hurstpierpoint (11/01391/OUT). The applicants appealed this decision and the matter was considered at a public inquiry in February The reasons for refusal defended at the appeal were based on the impact on the Hurst Wickham Conservation Area to the east, poor layout and neighbouring amenity. 7

8 The Inspector's decision is a material consideration when considering this application. Whilst the Inspector did not support the Council's reasons in respect of layout and amenity she did support the concerns in respect of the impact on the Conservation Area and the appeal was dismissed in March A summary of her findings on the main issue is given below: Para 13. The development would alter the nature of a considerable part of the land to the west adjoining the Conservation Area, changing it from an open field to an area of housing. The loss of open land would erode to its detriment the relationship between the Conservation Area and the surrounding landscape, affecting the ability to appreciate and understand its historic development. Part of the semi-rural quality would be lost to the detriment of the character and appearance of the Conservation Area when experience from within and around the area. Para 25. With regard to the criteria set out in paragraph 69 (PPS3), Hurstpierpoint is a large village where additional dwellings could be sustainable in terms of access to facilities and transport. The proposal would therefore accord with SEP policy SP3 which encourages development in an adjacent to urban areas. There would be a good mix of housing and the land would be used efficiently. The site would contribute towards Mid Sussex's housing objectives. The scheme would promote economic growth in line with 'Planning for Growth' aims. There would be no harm to the living conditions of neighbours, highway safety, biodiversity or local infrastructure. Para 26. The scheme could achieve high quality design within the appeal site. However, PPS3 paragraph 13 indicates that good design should contribute positively to making places better for people, and that design which is inappropriate to its context should not be accepted. The appeal scheme would be harmful to the character of the Conservation Area and to Hurstpierpoint, and it would not maintain or improve the local character, I consider this would prevent the site from being considered as suitable as required by paragraph 69 of PPS3. Para 29. In conclusion, there would be, at worst, a 1.58 year housing supply and there is a compelling need for affordable housing. Considerable weight is attached to the provision of housing arising from the proposal. The aforementioned provision of public play and open space, and promoting growth in the area and other benefits, all carry weight in favour of the proposal. Nevertheless, this would be outweighed by the unsuitability of the site and its conflict with national policy contained in PPS3. The appeal is therefore dismissed. In July 2013, outline planning permission was refused by the council - against officer recommendation - for a combined residential development for 140 units on land at Little Park Farm and 17 units on land North of Highfield Drive, together with a change of use from agricultural land to a country open space, and a temporary construction access from Chalkers Lane servicing the Little Park Farm development proposal (12/04141/OUT). The reasons for refusal were as follows: 1. The proposed development parcel at Little Park Farm would have a detrimental impact on the locality harming the character and beauty of the countryside which is identified as having negligible to low capacity to accommodate new housing in the Mid Sussex Landscape Capacity Study The introduction of built form beyond the existing Ancient Woodland is considered to represent an inappropriate incursion into the countryside which will be visually isolated from and fail to relate to the existing natural settlement boundary of Hurstpierpoint. Therefore the proposal is contrary to policy C1 of the Mid Sussex Local Plan and the adverse impacts of the proposals would significantly and demonstrably outweigh the benefits when assessed against the principles and objectives of the NPPF. 8

9 2. In the absence of a signed and dated S106 Agreement the proposal does not satisfy the requirements of Policies G3, R3 and H4 of the Mid Sussex Local Plan in respect of infrastructure requirements to service development and affordable housing as supplemented by the Council's Supplementary Planning Document 'Development and Infrastructure' dated February It is therefore noted that the council did not refuse this application based on the development of 17 units on land north of Highfield Drive. An appeal was lodged against this decision and a public inquiry held in December 2013 (AP/13/0057). The case has been recovered by the Secretary of State for determination, because it was considered to involve proposals which raise important or novel issues of development control, namely the 'interaction of the appeal with the emerging neighbourhood plan for Hurstpierpoint which is at a relatively advanced stage'. The Secretary of State is expected to issue the decision by September SITE AND SURROUNDINGS The red-lined location plan extends to 5.05 ha of elevated land in two adjoining field parcels bounded by residential properties on Highfield Drive to the south, St George's Lane to the west (an attractive sunken track at this point), College Lane to the east and open countryside with a couple of dwellings to the north. It is located in the east of Hurstpierpoint within a Countryside Area of Development Restraint and Strategic Gap between Burgess Hill and Hurstpierpoint / Keymer / Hassocks. The southern boundary adjoins a public footpath (65Hu), which connects St George's Lane to College Lane. The eastern boundary adjoins the Hurst Wickham Conservation Area. The developable area of the site is clearly marked out in situ and consists of 1.2 ha of open grassland, the majority within the eastern field parcel and a smaller section in the western parcel, tapering to the north. The two are separated by a well-established hedgerow boundary, with the former cultivated and the latter fallow, with tree saplings, bramble and informal footways throughout. Land levels fall gently from south to north, by around 8m in total. APPLICATION DETAILS The application is for a residential development of 17 dwellings (including 5 affordable), associated parking, access off Highfield Drive, area of play, balancing pond and change of use from agricultural land to a Country Open Space (COS). In detail, the mix of dwellings is as follows: 4 x 2-bed houses 3 x 3-bed houses 3 x 3-bed bungalows 4 x 4-bed houses 3 x 5-bed houses These will be a mix of terraced, semi-detached and detached buildings, providing a density of dwellings per hectare. The affordable provision will be 2 x 2-bed houses and 3 x 3- bed houses (Plots 1-5 inclusive). This will be the densest part of the development, with the 3 bungalows occupying the most visible northern edge (Plots 12-14) and the marked reduction in density in the western field parcel providing a transition from built development to open space and where the site is more visible from St George's Lane (Plots 15-17). 9

10 Materials will be a mix of brickwork and timber boarding, with tile hanging and render used more sparingly. Roofs will be a mix of plain and slate tiles. Elevations will be finished with painted timber joinery. Site access will be via the existing spur at the northern extent of Highfield Drive, where it joins the southern boundary (across the public footpath). The access will continue north, branching off on both sides then turning sharp left, forming an opening through the boundary hedgerow to the three largest dwellings, with the Local Area of Play (LAP) (213 sq m of informal play area) and balancing pond (from the surface water Sustainable Urban Drainage System (SUD)) in the northernmost section of this western field parcel. A total of 32 car parking spaces are to be provided, mainly in garages or car ports but also within a small parking courtyard to the rear of Plots 2 and 3. The non-developable area - separated from the 17 dwellings by proposed planting - will be dedicated as an area of Country Open Space (for public recreation) to the north-west, north and east of the site, with pedestrian links from the newly developed area (one to the west and another to the east). An Outline Landscape and Ecological Management Plan (OLEMP) setting out the principal features to be included and future management is included with the application, together with a Landscape Report prepared for the most recent outline application. If permission were to be granted this land would be transferred direct to the Parish Council as part of any Section 106 Agreement as well as a commuted sum for future maintenance. LIST OF POLICIES National Policy National Planning Policy Framework (Mar 2012) Paragraph 187 states: "Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area." Paragraph 197 states that: "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." Planning Practice Guidance (PPG) (Mar 2014) Mid Sussex Local Plan G2 (sustainable development) G3 (infrastructure requirements) C1 (protection of the countryside) C2 (strategic gaps) C5 (nature conservation) C6 (trees, hedgerows and woodlands) B1 (design) B2 (residential estate developments) B3 (residential amenities) B4 (energy and water conservation) B7 (trees and development) B15 (setting of conservation areas) H2 (density and dwelling mix) 10

11 H4 (affordable housing) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (land drainage) CS18 (recycling facilities) CS22 (pollution) Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. Hurstpierpoint and Sayers Common Neighbourhood Plan (Submission Version, Mar 2014) - policies C1, C5, H1, H3 Policy H3 allocates the developable area of the site for 17 houses and the Plan as a whole allocates the wider site as a 'New Amenity Space'. ASSESSMENT (CONSIDERATION OF KEY ISSUES) The main considerations are: the principle of the development; neighbourhood planning; localism, growth and economic impact; design and visual impact on the landscape character of the area and setting of the Hurst Wickham Conservation Area; standard of accommodation; dwelling mix and affordable housing; effect on neighbouring amenity; access, parking and highway safety; drainage; sustainability; biodiversity; impact on trees; crime prevention; and infrastructure contributions. Principle of development Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan is the Mid Sussex Local Plan (May 2004) and the Small Scale Housing Allocations Development Plan Document (Apr 2008), and policies C1 and C2 are most relevant. The National Planning Policy Framework (NPPF) (Mar 2012), is a material consideration which attracts significant weight in decision-making. In the event of conflicts between policies in these plans or with Government policy, it is the most recent policy which takes precedence. Paragraph 49 states: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites." As Mid Sussex District Council are unable to demonstrate a 5 year supply of deliverable housing sites, the supply of housing element of Local Plan policy C1 cannot be considered up to date. 11

12 In these circumstances, paragraph 14 of the NPPF applies, which states in part: "At the heart of the National Planning Policy Framework 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: - approving development proposals that accord with the development plan without delay; and - where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted." Given the above, it is necessary to weigh up any adverse impact of the development (for example, on the landscape) against the benefits of providing new housing when there is a lack of a housing land supply to meet local need and benefit the local economy. Objectives of Local Plan policies C1 and C2 are to recognise the intrinsic character and beauty of the countryside as well as preventing coalescence between settlements to retain their individual identity and amenity, so in this regard, they still carry some weight, but must be assessed against the degree of conformity with the NPPF. In considering whether the development of this site would be deemed 'sustainable', the NPPF sets out three dimensions that planning performs in paragraph 7: the economic role, the social role and the environmental role. It is considered that the development of this site would contribute toward the economic and social roles of sustainable development in terms of helping to build a 'strong, responsive and competitive economy' and helping to meet community housing needs. The site is fairly sustainably located in terms of proximity to local services in Hurstpierpoint (within 800m), which further weighs in the application's favour. In terms of environmental sustainability, the application site is relatively well enclosed by hedgerows to the north and west, and by built development to the south (along Highfield Drive and St George's Lane) and to the east (along College Lane, also being the Conservation Area boundary). The layout of the proposed development is of a low density, which relates well to the existing built form of the settlement at this point. It is also necessary to summarise the Inspector's decision of 22 March 2012 relating to the application for 51 dwellings on this site (i.e. with the NPPF having been adopted earlier that month). - The open fields are important in imparting a semi-rural character to the conservation area, which is of significance to its historic form and character. - The loss of open land would erode to its detriment the relationship between the conservation area and the surrounding landscape and would be irreversible. - Regarding the strategic gap, there would be no erosion of the open land between Hurstpierpoint and Burgess Hill and hence would not affect the visual separation between Hurstpierpoint and any other surrounding village. - There is already a degree of coalescence between Hurstpierpoint and Hurst Wickham and further coalescence would make little difference to the distinction between the two areas. As this current application has proposed a reduced scale and extent of development, leaving a substantial open area to the north and east in particular, it is considered that these issues of concern have now been fully addressed. 12

13 This was also the case when the council considered the combined site under reference 12/04141/OUT. As such, your officers consider that this proposal would also be environmentally sustainable, and therefore would fully meet the terms of paragraph 7 of the NPPF. Neighbourhood planning Hurstpierpoint and Sayers Common Parish Council published its Submission Version of the Neighbourhood Plan in March Whilst the NPPF does enable decision makers to take into account relevant policies within 'emerging plans' from the day of publication, the weight that they can be afforded depends on a number of factors. Para 216 of the NPPF highlights that the stage of preparation of the emerging plan, the extent to which there are unresolved objections to relevant policies and the degree of consistency with the NPPF all determine how much weight such emerging plans and their relevant policies can be given. This Submission Version allocates four sites within Hurstpierpoint for the development of 252 new homes, and includes the developable site subject of this application for 17 houses at Highfield Drive (ref: HP01). The Consultation Draft Plan was published in March 2013 and went through a period of consultation in May Based on the public responses, the Submission Version was produced and was confirmed that the Plan complied with the regulations for neighbourhood plans. This version was then published on 10 April 2014 for a further 6-week consultation period, which ended on 23 May It will now go forward to be assessed by an independent examiner and, if approved, will be put to a public referendum. Whereas the most recent planning application on this site (12/04141/FUL) was determined on the basis of 'only limited weight' being attached to the content of the consultation draft, it is considered that 'some' weight can now be attached to this Submission Version in determining the current application, based on para 216 of the NPPF. As before, the proposal must be considered in terms of whether the specific site constraints and application details would create any adverse impacts which would significantly and demonstrably outweigh the benefits or conflict directly with specific policies within the NPPF. Localism, growth and economic impact A focus of the Government's strategy since its election in 2010 has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration. If permitted, the Local Planning Authority would receive a New Homes Bonus as a result of this development. The proposal would also result in economic benefits in terms of the direct boost to the local economy during the construction phase and subsequent benefits from additional dwellings in the locality (residents spending in the local economy and so on). These are all factors that weigh in favour of the development. 13

14 Design and visual impact on the landscape character of the area and setting of the Hurst Wickham Conservation Area Paragraph 56 of the National Planning Policy Framework states: "The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people." Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Paragraph 61 states: "Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment." Policy B1 of the Local Plan promotes high quality design, construction and layout in new developments and policy B2 encourages good quality residential estate development. Policy B15 requires proposals affecting the setting of a Conservation Area to be sympathetic and not to adversely affect its character and appearance. As with the most recent application, the current proposal concentrates the development to the southern boundary of the site adjacent to Highfield Drive and does not extend the development parcel to the east (as was the case with the 2011 application), thus maintaining an area of open space ranging from 50m to 150m wide between the development and the Conservation Area. The development parcel is irregular in shape and whilst it does dissect the field boundary on the site it is proposed to enclose the site with a hedgerow. The layout indicates the density of development would be reduced to the west as this is more visible from St George's Lane. It also shows single storey bungalows on the northern edge with two storey buildings closer to Highfield Drive, which will give a softer edge to the wider open land beyond. As before, it is considered that the reduced number of units (from the 2011 scheme), lower density and position of development would result in a scheme that is much more sympathetic to the character and appearance of the Conservation Area. The amount of open land retained between the development and College Lane will help preserve the existing relationship between the Conservation Area and the surrounding landscape. 14

15 According to the applicant's Landscape Report, 'this would retain the open character which affords the conservation area the perception of a semi-rural setting.' The submitted Heritage Desk-Based Assessment and Impact Assessment notes that 'the inclusion of a green buffer between introduced development and the Hurst Wickham Conservation Area is considered to be key to retaining the rural character of the Conservation Area' and as such would have a 'neutral' impact on this heritage asset. The land surrounding the development parcel will be Country Open Space and managed by the Parish Council, so they would have control over any future proposals on it and can safeguard it. It is accepted that the proposal would encroach onto open countryside on the edge of the village and extend the built up area boundary. However when assessing the larger 2012 scheme, the County Landscape Architect did not raise an 'in principle' objection to the overall impact on the surrounding landscape. Again it is emphasised that the site does not benefit from any specific landscape designations and the benefits of the scheme in terms of housing delivery are considered to outweigh any harm to the countryside. Given the nature of Hurstpierpoint it is inevitable its housing need would be met via the use of Greenfield sites, as there are insufficient previously developed sites suitable to meet the housing needs of the village. In terms of design, the comments of the Urban Designer are provided in full in the Appendix. While raising some issues, his reservations are not sufficient to justify an objection, as long as conditions can be imposed to control the design of specific elements. Overall, he feels that the scheme has little impact on the wider countryside and can be commended for integrating a new pedestrian link through the development and the individual approach of the architecture. Taking all of the above into account, it is considered that the design of the scheme in itself is acceptable, as is its impact on the landscape and setting of the Conservation Area, thereby ensuring compliance with the above policies and guidance. Standard of accommodation The council's adopted Dwelling Space Standards Supplementary Planning Document sets out space standards for all new residential dwellings, to secure a satisfactory standard of accommodation for future residents. A minimum floor area standard of 111 sq m for 4- or 5- bed houses, 93 sq m for 3-bed houses and 77 sq m for 2-bed houses is expected to be attained, together with an additional minimum storage space, howsoever provided. The detailed schedule of proposed accommodation is set out as follows: Plot 1 (2-bed) - 79 sq m Plot 2 (2-bed) - 80 sq m Plot 3 (3-bed) - 95 sq m Plot 4 (3-bed) - 93 sq m Plot 5 (3-bed) - 96 sq m Plot 6 (2-bed) - 80 sq m Plot 7 (2-bed) sq m Plot 8 (4-bed) sq m Plot 9 (4-bed) sq m Plot 10 (4-bed) sq m Plot 11 (4-bed) sq m Plots 12 and 14 (3-bed bungalows) sq m Plot 13 (3-bed bungalow) sq m Plot 15 (5-bed) sq m Plots 16 and 17 (5-bed) sq m 15

16 The document goes on to say that the Local Planning Authority will normally require the provision of useable private amenity space (excluding parking and turning areas) in new residential development. The Council also requires that waste and recycling storage provision is made, and that adequate drying space is provided. The proposed scheme has been designed in accordance with, and in most cases, exceeding these standards. Sufficient spacing is provided around all the proposed dwellings, to form private garden areas as well as defensible space to the front. Refuse storage will be provided and collected on-site, so would also meet policy CS18 of the Local Plan. Dwelling mix and affordable housing Policy H2 of the Local Plan seeks to ensure that new housing developments include a mix of dwelling types, sizes and affordability and that efficient use is made of land. Policy H4 of the Local Plan requires the provision of 30% affordable housing units in new developments of 15 or more units. It is considered that the schedule of accommodation set out above provides a good mix of units and the density of development (14.16 dph) appears in keeping with surrounding development. The proposal seeks to provide 5 of the houses as affordable units (Plots 1-5 inclusive) and the mix of units has been agreed with the council's Housing Officer. Of the 2 x 2-bed houses and 3 x 3-bed houses, one of the 3-bed houses will be shared ownership and the others will be rented. The affordable housing will meet Code Level 3 of the Code for Sustainable Homes. The council's Housing Officer has stated that this mix will meet a known local housing need (as set out in detail in the Affordable Housing Statement) and the provision of the affordable units will be secured through a legal agreement. Overall, the proposal is considered to comply with both of the above policies. Effect on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected would be those on Highfield Drive (nos evens in particular), St George's Lane (Little Dragons, Dove House and Oak Tree) and St George's Place (Fairmount and Newstead). There are a number of properties in Highfield Drive which back onto the site; however these properties are separated from the site by the public footpath and mature tree screening which is proposed to be retained and reinforced where appropriate. The nearest distance of 33m is between Unit 9 and 32 Highfield Drive. Plot 16 would be sited some 24m from the rear elevation of Fairmount, again, with some intervening screening and footpath, is considered to be an acceptable relationship. The same can be said of the distance of 45m from Unit 17 to Little Dragons. The back to front distance between Units 16 and 17 within the site is 21m, again, an acceptable relationship. The distance between Unit 10 and 22 College Lane is 90m, with all other properties to the east further away. It is not considered that the vehicular movements associated with a development of 17 units would result in additional noise and disturbance to those properties close to the access point off of Highfield Drive. 16

17 Properties in College Lane which currently look out onto the field to the rear are located a significant distance (minimum of 90m between Unit 10 and 22 College Lane) from the site and their amenity will not be affected, although some occupants may be able to see the development at a distance affecting views across the field. Concerns have been raised that permitting public access to the land and introducing new pedestrian access paths across the space will compromise privacy and security given some properties currently have open boundary treatment onto the field. It is not proposed to use the COS in this area for formal sport and therefore whilst some of the occupiers of dwellings backing onto the site from College Lane may wish to enhance boundary fences/hedges for security or privacy reasons there is not considered to be any amenity concerns in terms of noise or disturbance. It is not uncommon for private properties to back onto public land. Taking all the above into account, it is considered that the development would not result in any significant harm to the amenities of neighbouring occupiers and hence the proposal would comply with the above policy. Access, parking and highway safety Paragraph 32 of the National Planning Policy Framework states: "All developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether: - the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; - safe and suitable access to the site can be achieved for all people; and - improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe." Policies T4 and T5 of the Local Plan outline the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. A Transport Statement and Safety Audit has been submitted with the application, which notes that the site is a 7-8 minute walk from local facilities and public transport routes on the High Street as well as a 15 minute walk to the local school. The report shows that an additional 9 two-way traffic movements will be generated by this development, which will have a negligible impact on the local road network. The Safety Audit advises that give-way road markings should be provided at the Highfield Drive junction in front of no. 36 and dropped kerbs and tactile paving should be provided where the site access crosses the public footpath. The existing turning head in front of 38 and 38A Highfield Drive will be removed and replaced with grass, as this will no longer be the end of the cul-de-sac and turning areas will be provided on the development site. The Highway Authority has considered this information and raises no objection in principle. However, additional detailed information relating to the internal layout and consistency with the Safety Audit is awaited. 17

18 The parking provision of 32 spaces falls slightly short of the county council's standard of 36 for a development of this size; however, given the relatively sustainable location and proximity to alternative means of transport (including cycling, which is recommended to be conditioned), your officers deem there to be no conflict with the above policies and guidance. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. The applicants have provided a Flood Risk Assessment to accompany the application, noting that the site lies within Flood Zone 1, i.e. outside areas of significant risk of flooding: a less than 1 in 1000 annual probability of flooding in any year. Both Southern Water and the Environment Agency have considered this information and raise no objection, subject to suitable conditions being imposed on any consent given. The council's Drainage Engineer also raises no objection to the proposal, subject to conditions. All these comments are reproduced in full in Appendix B, but provided that the conditions are imposed and complied with, the development would meet the above policy. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. A Sustainability Statement has been submitted to accompany the application, specifying that the development will incorporate: - high levels of insulation for roof, walls and floors; - good draft exclusion for doors and windows; - double glazing; - controlled ventilation; - installation of low energy lighting; - highly efficient plant; - installation of solar collectors; - solar panels to provide hot water and heating for the building; - reduced water consumption sanitary ware; - provision of water saving taps; - flow restrictors; 18

19 - dual flush WCs; - rainwater butts; - soakaways; - recycled construction materials; - use of sustainably managed timber; - avoidance of 'muck-away'; - pervious hard surfacing; - provision of bat and bird boxes; - a Sustainable Urban Drainage System to main surface water release; and - achievement of Code Level 3 of the Code for Sustainable Homes. These measures area considered acceptable and a condition is imposed to ensure compliance with the above policy and guidance. Biodiversity Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) lists species of animal (other than birds) which are provided special protection under the Act. Under Section 13 of the Wildlife and Countryside Act 1981 (as amended), all wild plants are protected from being uprooted without the consent of the landowner. In addition to the protection afforded by the Wildlife and Countryside Act 1981 (as amended), certain species are also covered by European legislation. These species are listed in Schedule 2 of the Conservation (Natural Habitats, 7c.) Regulations 1994 (as amended). Chapter 11 of the NPPF advises that when determining planning applications, local planning authorities should aim to conserve or enhance biodiversity, and that 'opportunities to incorporate biodiversity in and around developments should be encouraged.' In particular, paragraph 118 of the NPPF states: "When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles [such as]: - if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; - opportunities to incorporate biodiversity in and around developments should be encouraged. - planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh its loss." Local Plan policy C5 requires proposals for development to minimise their impact on features of nature conservation importance. An Ecological Assessment has been submitted as part of this application. The survey shows the presence of reptiles and bats, and recommends that the hedgerows be retained and incorporated into any development proposals wherever possible and that a diverse mixture of native species be used in any new planting to provide biodiversity gains. Also, it is recommended that any clearance of suitable bird nesting habitat is implemented outside of the bird breeding season (March to July inclusive) and that new bat and bird boxes are erected. The Assessment concludes that 'no issues have been identified which would provide an insurmountable constraint to development - and as such it is considered that the study area could come forward for residential development in so far as ecological issues are concerned.' 19

20 An Outline Landscape and Ecological Management Plan has also been submitted, laying out the intended 'green infrastructure' (i.e. hedgerows, trees, wildflowers, gass, amenity landscaping, SUDS, boundary fences and gates) and Country Open Space (COS). It specifies that the developer will enter into a Unilateral Undertaking to transfer the green infrastructure and COS either to the Parish Council or to a Management Company which will then take on the landscape maintenance of the proposed development site. The County Ecologist has considered the above information and raises no ecological objection to the development, subject to appropriate conditions being imposed to secure the implementation of the supporting Landscape and Ecological Management Plan. As such, the above guidance and policies would be met. Impact on trees and hedgerows Policy C6 of the Local Plan advises that "Development resulting in the loss of woodlands, hedgerows and trees which are important in the landscape, or as natural habitats, or historically, will be resisted." Policy B7 seeks to retain trees as far as possible for their amenity value. The Heritage Desk-Based Assessment and Impact Assessment notes that the development could result in the loss of historic field boundaries. The proposed development does retain all the extant pre-1842 perimeter field boundaries (and therefore the sense of the historic field system) but will result in partial loss of the central north-south field boundary and to breach the southern boundary hedgerow to facilitate access to Highfield Drive. However, the Assessment concludes that "the retention of the majority of field boundaries within the Site footprint is considered to be an important and significant in retaining the sense of the historic rural landscape." [sic] It further recommends that appropriate supplementation of boundary planting should be considered to limit the visual impact of development on the historic settlement and rural landscaping. This can be secured through condition and would, when balanced against the overall benefits of this development, ensure compliance with the above policies. An Arboricultural Implications Assessment has been submitted, which notes that the majority of the trees are associated with the boundary hedgerows. Three groups of trees are to be removed, all C categories (i.e. of low quality and value) and of these, two are only short sections to achieve the access to the site and between the two field parcels. All other trees are to be retained, and subject to conditions protecting them during construction, the development would comply with the above policies. Crime prevention Policy B9 of the Local Plan requires developments to minimise the potential for crime. Sussex Police do not identify any major concerns with the proposed layout, due to the lack of through route within the site, giving residents a sense of ownership and community, and deterring trespass. The orientation of the proposed dwellings will, in the main, allow for overlooking and natural surveillance of the road and footpath layout and other communal areas. However, a concern is raised by Sussex Police to the small parking court to the rear of Plots 2 and 3, which would be surrounded by close boarded garden fencing, thereby lacking any appreciable surveillance capability. Additionally, the close proximity of the play area to the balancing pond raises additional concerns, although this could be controlled by use of adequate fences and gates. 20

21 Your officers do not consider that this parking area would lack surveillance from upper floor windows of Units 1-5. The applicants have submitted a Lighting Assessment, and it would be prudent to impose a condition on any planning permission to ensure that details of the security and road lighting are submitted to the Local Planning Authority for approval prior to first occupation of the development. Details of boundary fencing can also be conditioned. Overall, with these conditions in place, it is considered that this proposal would comply with the above policy. Air pollution An Air Quality Assessment has been submitted to accompany the application. It states that the proposed scheme will only increase traffic volumes on local roads by a small amount and these changes will lead to an imperceptible increase in concentrations of PM10 and PM2.5 at all existing receptors and that the impacts will all be negligible. The council's Environmental Protection Officer has considered this information and requested a condition be imposed on any planning permission. This would ensure compliance with policy CS22 of the Local Plan. Infrastructure contributions The National Planning Policy Framework sets out the government's policy on planning obligations in paragraphs 203 and 204. Respectively, these paragraphs state: "Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." and: "Planning obligations should only be sought where they meet all of the following tests: - necessary to make the development acceptable in planning terms; - directly related to the development; and - fairly and reasonably related in scale and kind to the development." Policy G3 of the Local Plan requires applicants to provide for the costs of additional infrastructure required to service their developments and mitigate their impact, which is set out in detail in the council's Development and Infrastructure SPD. These costs are usually secured through the signing of a legal agreement. All requests for infrastructure payments must meet the 3 tests of paragraph 122 of the Community Infrastructure Levy (CIL) Regulations 2010, which are as set out above. The applicant is progressing a Section 106 Legal Agreement to secure the following contributions and to provide 5 units of affordable housing and the Countryside Open Space: COUNTY COUNCIL CONTRIBUTIONS: Education - Primary 48,428 Education - Secondary 52,122 Education - Sixth Form N/A Libraries 5,067 Waste N/A Fire and Rescue N/A Fire Hydrants 1 TAD 34,417 TOTAL 140,034 21

22 DISTRICT COUNCIL CONTRIBUTIONS: Equipped play 14,986 Kickabout facilities 4,247 Formal sport 18,048 (in Hurstpierpoint) Public art N/A Community Buildings 7,840 (in Hurstpierpoint) Local Community Infrastructure (projects to be advised) 10,220 TOTAL 55,341 Provided that this Agreement is completed within the council's target date to determine this application (11 November 2014), then these policies would be met. CONCLUSIONS Previous concerns by the council and Inspector on the impact of residential development on the Hurst Wickham Conservation Area have been overcome by a significant reduction in the extent and scale of the proposed development. The Inspector raised no objection to the encroachment of development in this area in terms of its impact on the Strategic Gap. No objection was raised by the council to developing this site for 17 dwellings in refusing a combined scheme with Little Park Farm. Moreover, this site has been allocated for residential development (of 17 dwellings) in the Parish Council's Neighbourhood Plan. Thus the principle of developing this site is considered acceptable in line with paragraph 49 of the NPPF, where the council does not have a 5 year housing land supply. Taking account of the planning balance in paragraph 14 of the NPPF, it is considered that there are significant benefits of this scheme, such as addressing a shortfall of housing in the District and Hurstpierpoint more specifically; providing much needed affordable housing; providing a new public play and open space; economic benefits through construction jobs and spending on local services by future occupiers; mitigating the impacts of the development through infrastructure contributions, secured via a legal agreement; and landscape enhancements. It is further considered that these benefits are sufficient to outweigh any harm to the loss of small sections of hedgerow and tree groups. No harm is considered to be caused to the Strategic Gap or to the amenities of neighbouring occupiers. The development is thus deemed to be sustainable in all respects, and would not have a harmful impact on the setting of the Conservation Area. As such, it would comply with the NPPF and policies G2, G3, C5, C6, B1, B2, B3, B4, B7, B15, H2, H4, T4, T5, T6, CS13, CS18 and CS22 of the Mid Sussex Local Plan and can therefore be supported. 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

23 2. Pre-commencement conditions No development shall commence until a schedule and/or samples of materials and finishes to be used for the external walls, windows, doors and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality and to accord with policy B1 of the Mid Sussex Local Plan. 3. No development shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority: - the design, position and extent of the boundary treatment including the alignment of the boundary at the rear of plot 15 and 16; - the position/configuration of units 10, 11, 13 and 14 within their plot; - the position of units 1 and 2 including the garages; - the design of the pump house; - street and security lighting. The works shall be carried out in accordance with the approved plans. Reason: In the interests of the visual amenities of the area, and to comply with policy B1 of the Mid Sussex Local Plan. 4. No development shall commence until the design and/or arrangement of the following parts of the principal/front elevations (shown at a scale of 1:20) have been submitted to and approved in writing by the Local Planning Authority: - the small size of the glazing panels on units 1 and 2; - the banded window configuration on the upper floor of unit 4; - the arrangement of facing materials and fenestration on unit 8; - the central bay and ground floor canopy on unit 9 and 11; - the extended overhanging roof and inverted L-shaped corner window on unit 10; - the glazed entrance gable on units 12 and 14; - the fenestration and canopy on units 15, 16 and 17. The works shall be carried out in accordance with the approved plans. Reason: For the avoidance of doubt and in the interests of the visual amenities of the area, and to comply with policy B1 of the Mid Sussex Local Plan. 5. No development shall commence until details of proposed boundary screen walls/fences/hedges (including between the play area and balancing pond) have been submitted to and approved in writing by the Local Planning Authority and the dwellings hereby permitted shall not be occupied until such boundary screen walls/fences/hedges associated with them have been erected or planted. The boundary treatments approved shall remain in place in perpetuity or unless otherwise agreed in writing by the Local Planning Authority. 23

24 Reason: In order to protect the appearance of the area and protect the amenities of adjacent residents and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 6. No development shall commence unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved. 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. 7. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which, within a period of 5 years from the completion of the 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. 8. No development shall commence until a Landscape Ecological Management Plan (LEMP) covering the Country Open Space and associated green infrastructure has been submitted to and approved in writing by the Local Planning Authority. The LEMP shall include detailed specification and regimes as appropriate for the following: - Nature conservation and ecological mitigation, including details of habitat translocation (to include details of monitoring of outcomes of overtime) and enhancements where necessary; - Protected species and their habitats (including proposals for licensing application where necessary); - Appointment of an ecological clerk of works to monitor construction activities that may impact on the above. The Country Open Space shall be laid out in accordance with the approved LEMP prior to the occupation of the 17th dwelling. The LEMP shall have regard to the Outline LEMP submitted with the application. Reason: To protect the ecological value of the site and to accord with policies C5 and C6 of the Mid Sussex Local Plan. 9. No development shall commence until details of the means of disposal of surface water have been submitted to and approved in writing by the LPA. The surface water drainage shall include the use of Sustainable drainage systems and the submitted details shall: (a) demonstrate that the surface water drainage system will be able to cater for a 1 in 100 year storm event + climate change volumes and that the discharge into the local watercourse network will be restricted to whichever is smaller of the Greenfield Run off rate of QBar (Mean Annual Flood) or 4.48l/s; 24

25 (b) include evidence of the groundwater levels beneath the site (measurements taken during the winter months) to ensure that the drainage design will not be adversely affected by groundwater or affect the condition of the receiving major aquifer; (c) ensure that there is a 5m buffer zone clear of development adjacent to watercourses running through and adjacent to the site measured from the top of the bank of the stream; (d) include a flood flow routing plan that indicates the effect of the development on pluvial (surface water) flows through and adjacent to the site, demonstrates that no properties will be put at risk of flooding, and that existing flood flows coming onto the site will be appropriately managed; (e) include a timetable for the implementation of the surface water drainage system and a management and maintenance plan (to include the watercourses) - which shall include arrangements for adoption and/or any other arrangements to secure the operation of the surface water drainage throughout the lifetime of the development. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 10. No development shall commence until details of the means of disposal of foul water Have been submitted to and approved in writing by the LPA in conjunction with Southern Water. Details shall include arrangements for adoption and/or any other arrangements to secure the operation of the foul drainage throughout the lifetime of the development. No dwelling hereby permitted shall be occupied until all foul drainage works have been carried out in accordance with the approved details. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 11. No development shall commence until details of existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with policies B1 and B3 of the Mid Sussex Local Plan. 12. Construction work shall not commence until a scheme of measures to minimise the long-term impact upon local air quality and to mitigate emissions has been submitted to and approved by the Local Planning Authority. Reason: To preserve the amenity of local residents regarding air quality and emissions and to comply with policies B3 and B23 of the Mid Sussex Local Plan. 25

26 13. No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters: ] - the anticipated number, frequency and types of vehicles used during construction; - the method of access and routing of vehicles during construction; - the parking of vehicles by site operatives and visitors; - the loading and unloading of plant, materials and waste; - the storage of plant and materials used in construction of the development; - the erection and maintenance of security hoarding; - the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders); - measures to control the emission of dust and dirt during demolition and construction, lighting for construction and security; - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area and to comply with policies B3 and T4 of the Mid Sussex Local Plan. 14. Construction phase 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 15. Pre-occupation conditions The dwellings hereby permitted shall not be occupied until the vehicular access, parking spaces and turning areas have been provided and constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The areas of land so provided shall not thereafter be used for any purpose or purposes other than for the access, 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 in the interests of highway safety, to accord with policy T5 of the Mid Sussex Local Plan. 16. The access from the site to the public highway shall be designed, laid out and constructed with visibility splays in all respects in accordance with plans and details to be submitted to and approved by the Local Planning Authority before any other operation or use authorised by this permission is commenced. These visibility splays shall thereafter be kept free of all obstructions over a height of 0.6 metres above adjoining carriageway level. Reason: In the interests of road safety and to accord with policy T4 of the Mid Sussex Local Plan. 26

27 17. The dwellings hereby permitted shall not be occupied until X secure and covered cycle parking spaces have been provided in accordance with a detailed construction plan / details to be submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 18. The dwellings hereby permitted shall not be occupied until details of the refuse/recycling storage facilities have been submitted to and approved in writing by the Local Planning Authority and the facilities shall be implemented in accordance with the approved details and thereafter retained. Reason: In the interests of the amenities of the area, to comply with policies B1, B3 and H3 of the Mid Sussex Local Plan. 19. Post-occupation monitoring/management conditions The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application and shall meet Code Level 3 of the Code for Sustainable Homes. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or as amended in the future, no enlargement, improvement or other alteration of the dwellinghouse, whether or not consisting of an addition or alteration to its roof, shall be carried out, (nor shall any building or enclosure, swimming or other pool be provided within the curtilage of the dwellinghouse) without the specific grant of planning permission by the Local Planning Authority. Reason: To prevent the overdevelopment of the site and to preserve the amenities of neighbouring residents, to accord with policies B1 and B3 of the Mid Sussex Local Plan. 21. The garage buildings shall be used only as private domestic garages for the parking of vehicles incidental to the use of the properties as dwellings and for no other purposes, otherwise planning permission will be required. Reason: To ensure adequate off-street provision of parking in the interests of amenity and highway safety and to comply with policies T4 and T5 of the Mid Sussex Local Plan. 27

28 INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a predevelopment condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 2. 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 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: - 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 To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or 5. In accordance with Article 31 of the 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 identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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 10480/ Site Plan 21453B Proposed Roof Plan 21453B Site Plan 941/1 D Proposed Floor Plans Proposed Elevations Proposed Elevations

29 Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Proposed Floor Plans Proposed Elevations Proposed Elevations Street Scene Street Scene Street Scene Street Scene Street Scene Sections APPENDIX B CONSULTATIONS MSDC Contaminated Land Officer I have no specific comments on the above application in relation to land quality. MSDC Drainage Engineer No objection subject to conditions. 29

30 I have considered this application in detail and familiarised myself with previous correspondence regarding this site. I have also attended a site visit where I walked around the site and the surrounding area and was shown where surface water flows when it is raining, however, it was not raining at the time. Surface Water The proposals are to drain the site into an on-site ditch with attenuation by means of an attenuation/balancing pond. The discharge from the site is proposed to be 4l/s/ha which equates to 4.48l/s when proportioned to the total area of the site. Greenfield runoff calculations have not been supplied but I would expect that the surface water discharge from this site will be limited whichever is smaller of the 4.48l/s or the QBar Mean Annual Flood figure. Swales have also been mentioned within the FRA but there has been no detailed drainage plan supplied. I have attached an aerial photograph of the site which also shows the updated Flood Map for Surface Water. This shows the areas of the site and surroundings that are currently subject to surface water flooding; the lightest blue areas show the risk from the 1 in 30 year storm event and the darkest blue areas show the risk for a 1 in 1000 year storm event with the 100 year event in-between. Section 11.5 in the submitted Flood Risk Assessment also states "the site is bounded by positively drained highways/built environs and/or open field areas with ditches. These are likely to intercept any off-site overland flows arising from extreme flood events and direct them away from the proposed development area. Flooding as a result of off-site sources is considered to be a low risk." I believe this statement to be misleading as from information I have gathered and photographs I have seen all the surrounding surface water systems and overland flows would drain towards the site and continue through the site. This situation, therefore needs to be managed with care to ensure that the new properties are not put at risk of flooding and that any existing flooding is not made any worse including ensuring that flood flow routes across the site are maintained. I have seen photographs of water flowing along the footpath from St Georges Lane and into the site and I also observed water ponding and collecting near to the watercourse at the south of the site. These problems should not be ignored by the development and the drainage should be designed taking these matters into consideration offering improvement where reasonably practicable. The proposed attenuation pond should not be situated within an area of surface water flooding/ponding and if it is then compensation for the volume of flooding would be required elsewhere on the site. Foul Water The proposals are for this development to connect into the Southern Water public foul sewer in College Lane and Southern Water has stated that there is available capacity. The proposed site plan shows that there is a pump house so it would appear that the foul drainage would need to be pumped up to College Lane. The pump house should not be located where is will be susceptible to flooding. Although the drainage information submitted with this application is of poor quality I believe that the drainage issues can be suitably addressed through appropriately worded planning conditions. I would prefer that there are separate foul and surface water conditions and the suggested wording is detailed below: 30

31 Foul Drainage Condition No development shall commence until details of the means of disposal of foul water have been submitted to and approved in writing by the LPA in conjunction with Southern Water. Details shall include arrangements for adoption and/or any other arrangements to secure the operation of the foul drainage throughout the lifetime of the development. No dwelling hereby permitted shall be occupied until all foul drainage works have been carried out in accordance with the approved details. Surface Water Drainage Condition No development shall commence until details of the means of disposal of surface water have been submitted to and approved in writing by the LPA. The surface water drainage shall include the use of Sustainable drainage systems and the submitted details shall: (a) demonstrate that the surface water drainage system will be able to cater for a 1 in 100 year storm event + climate change volumes and that the discharge into the local watercourse network will be restricted to whichever is smaller of the Greenfield Run off rate of QBar (Mean Annual Flood) or 4.48l/s; (b) include evidence of the groundwater levels beneath the site (measurements taken during the winter months) to ensure that the drainage design will not be adversely affected by groundwater or affect the condition of the receiving major aquifer; (c) ensure that there is a 5m buffer zone clear of development adjacent to watercourses running through and adjacent to the site measured from the top of the bank of the stream; (d) include a flood flow routing plan that indicates the effect of the development on pluvial (surface water) flows through and adjacent to the site, demonstrates that no properties will be put at risk of flooding, and that existing flood flows coming onto the site will be appropriately managed; (e) include a timetable for the implementation of the surface water drainage system and a management and maintenance plan (to include the watercourses) - which shall include arrangements for adoption and/or any other arrangements to secure the operation of the surface water drainage throughout the lifetime of the development. MSDC Environmental Protection As a "major development" as defined by The Town and Country Planning (Development Management Procedure) (England) Order 2010 that is within reasonable proximity of the AQMA at Stonepound Crossroads, I would request that the applicants submit information as required in the Sussex Air Quality and Emissions Mitigation Guidance 2013 available at Environmental Protection has no objection to this application subject to: Conditions: - Air Quality - Construction work shall not commence until a scheme of measures to minimise the long-term impact upon local air quality and to mitigate emissions has been submitted to and approved by the local planning authority. Reason: to preserve the amenity of local residents regarding air quality and emissions. - 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: 31

32 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 by the local planning authority. The scheme as approved shall be operated at all times during the construction phases of the development. Reason: to protect the amenity of local residents from dust emissions. - No burning of 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 Housing The applicant is proposing a development of 17 units which results in a requirement for 5 affordable housing units (30 per cent). These 5 units will be 2 x 2 bedroom houses and 3 x 3 bedroom houses. One of the 3 bed houses will be for shared ownership with the remainder for rent. This mix will meet a known local housing need. MSDC Leisure Thank you for the opportunity to comment on the plans for the development of 17 residential dwellings on land north of Highfield Drive, Hurstpierpoint on behalf of the Head of Leisure and Sustainability. The following leisure contributions are required to enhance capacity and provision due to increased demand for facilities in accordance with the Local Plan policy and SPD which require contributions for developments of over 5 units. CHILDRENS PLAYING SPACE South Avenue Recreation Ground, owned and managed by the Parish Council, is the nearest locally equipped play area to the development site. This facility will face increased demand and a contribution of 19,233 is required to make improvements to play equipment ( 14,986) and kickabout provision ( 4,247). FORMAL SPORT In the case of this development, a financial contribution of 18,048 is required toward formal sport facilities in Hurstpierpoint. PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. COMMUNITY BUILDINGS The provision of community facilities is an essential part of the infrastructure required to service new developments to ensure that sustainable communities are created. In the case of this development, a financial contribution of 7,840 is required to make improvements to community buildings in Hurstpierpoint. 32

33 In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the number of units proposed and average occupancy (as laid out in the Council's Development and Infrastructure SPD) and therefore is commensurate in scale to the development. The Council maintains that the contributions sought as set out are in full accordance with the requirements set out in Circular 05/2005 and in Regulation 122 of the Community Infrastructure Levy Regulations MSDC Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " MSDC Tree and Landscape Officer To be reported. MSDC Urban Designer Summary and Overall Assessment The scheme has little impact on the wider countryside and can be commended for integrating a new pedestrian link and for the individual approach of the architecture. Despite this, I have a number of issues about the proposal. The layout oddly traverses a small part of two adjacent fields; the spuriously defined boundary together with its fragmented and inward-looking configuration turns its back on the surrounds including the existing footpath. Several of the proposed houses also suffer from untidy elevations. On balance I feel these reservations are not sufficient to justify an objection, providing conditions can be included that address my concerns. In addition to the normal conditions covering landscaping and facing materials, I would therefore like conditions included to control the design of the following specific elements: 1. The design, position and extent of the boundary treatment including the alignment of the boundary at the rear of plot 15 and The position/configuration of units 10, 11, 13 and 14 within their plot. 3. The position of unit 1 and 2 including the garages 4. The design of the pump house. 5. The design and/or arrangement of the following parts of the principal/front elevations as they are either unresolved, inconsistent or unsatisfactory: -The small size of the glazing panels on units 1 and 2 -The banded window configuration on the upper floor of unit 4. -The arrangement of facing materials and fenestration on unit 8. -The central bay and ground floor canopy on unit 9 and 11. -The extended overhanging roof and inverted L-shaped corner window on unit 10. -The glazed entrance gable on units 12 and 14. -The fenestration and canopy on units 15, 16 and

34 Impact upon the Wider Countryside The existing field adjacent to College Lane is screened by a substantial high hedge and trees around the north, south and west boundaries. Along with the existing College Road houses that form the boundary along the east, this ensures that it is well screened from the surrounding countryside. The field to the west is also similarly screened from open countryside by surrounding hedges and trees. Layout The scheme cuts across a field boundary and is limited to just the corner areas of two adjacent fields. In this way the proposal fails to pick up the field pattern, and consequently looks imposed and spuriously defined. The hedgerow division between two fields also generates a fragmented layout that reinforces a change in character between the larger houses west of the hedge, and smaller ones to the east. While this may to some extent be justified in terms of introducing some variety within the site, the variation in the surface treatment and the termination of the defined footway risks undermining the legibility of the pedestrian through-route and reinforces the impression of a rarefied semi-private environment to the west of the hedge separated from the rest of the scheme.. The proposed open space / play area also appears to sit in the context of the 3 large houses rather than the scheme as a whole. The layout can be commended for incorporating and defining a pedestrian route that runs through it, and connects College Road with the field to the north-west that is used as informal open space. Unfortunately the layout's inward-looking configuration results in houses with their rear boundaries facing outwards, and doing little to address its surrounds including the approach of the newly defined pedestrian route or the existing public right of way that runs along the southern boundary of the site. Houses 15-17, and their solid rear boundaries takes away the only open aspect (of the field to the west of the hedgerow) from the existing footpath. It also replaces an attractive aspect with a narrow and closed-in arrangement. This will also feature an uncomfortable right angle recess where the newly enclosed footpath will meet the wider section of path to the west. To create better sight lines and a more open feel, the path would benefit from being wider and being funnelled. The latter could be achieved by replacing the right angled south west corner of the rear garden of house 15 with a chamfered corner. Unit 10 and 11 could be re-positioned within their plots (with their garages reloacted to the other side) so they address the footpath approach better. The perimeter boundary also appears to needlessly divide the proposed open space in front of 15 and 17 from the field to the north which already appears to operate as informal public open space. The tree belt on the southern boundary risk overshadowing the rear garden of house 1. The garage also looks as if it may intrude upon a root protection area. I therefore think that consideration should be given to marginally moving houses 1 and 2 northwards away from the trees. Parking While the scheme can be commended for avoiding right angle front threshold parking, the garages serving houses 8 and are inappropriately dominant within the streetscene. The garages serving 8 and 11 are also unfortunately visible at the termination of two axis. House 15's garage also generates the need for a large area of hardstanding adjacent to the proposed open space and partially obscures the house in which it sits in front. The relationship of house 14's garage and entrance is particularly incongruous and needs to be controlled by a condition. 34

35 Unit 13's garage would also be more discreetly positioned on the other side of the plot, so I am also proposing a condition covering this too. Elevations The elevations can be commended for displaying some individuality that avoids the ubiquity of many schemes. However several of the houses have busy / untidy elevations with odd features that appear to try too hard to impose some interest at the cost of architectural integrity/quality. There are also inconsistencies in the drawings. For these reasons I am recommending conditions to cover the design of the principal / front elevations. WSCC Ecologist Subject to the appropriate conditions being imposed to secure the implementation of the supporting Landscape and Ecological Management Plan there are no ecological objections to the proposed development. WSCC Highways No objection in principle, however additional detailed information is required to check the internal layout. Access The access to the development will be via Highfield Drive from a spur which forms the end of a cul-de-sac. The 2m wide footways bounding the carriageway will continue into the site which will provide a link to the existing footway network. The turning head at the end of Highfield Road and outside of properties 38 and 38a will be removed and a grassed area provided. Parking Parking Demand Calculator shows an anticipated demand of 36 spaces, however only 32 parking spaces are available (app form) which is a shortfall of 4 spaces, consideration should to given the creation of additional spaces. Road Safety Audit Drawing No GA-05 shows priority junction markings requiring traffic travelling south from the new development to give way, however the recommendation within the Road Safety Audit is for the north/south route to be the priority. Given that the surfacing of the junction (asphalt and concrete) would conflict with a north/south priority, the designer has chosen to add priority/giveway markings as the existing informal arrangement - the cul-desac traffic gives way. Although, this does not comply with the recommendations in the Road Safety Audit, given the low level of traffic which will use the junction keeping the existing arrangement may be the most sensible option. However, the asphalt surfacing may not be able to withstand the construction traffic which will need to use this section of the road to access the site and the join between the two surfacing finishes is a weak point on a turning area. It is likely that the junction will require resurfacing post construction (see details on S59 licence requirements). It is therefore, recommended that the need and location of the priority give-way marking is assessed at S278/38 Detailed Design stage, along with the need to resurface the junction as a requirement of the Road Safety Audit. S59 Licence If the development access is to be used for construction purposes the County Council will require an agreement under Section 59 of the Highways Act 1980 to enable reinstatement of the existing road surfaces. 35

36 Removal of the existing turning head Is it proposed for the existing footway around the turning head to be removed? If so, this needs to be shown on the plan. In addition, there is a drainage gulley within the turning head which will need to be relocated and assessment should be made as to location of any services within the turning head. In addition, the area which is no longer highway will need to be 'stopped up' as the highway authority would not want a small section of grass remaining which will require maintenance. The new section of footway across the frontage of the turning head area will be subject to a S278 agreement. Stopping Up If the order is made under the Highways Act 1980, it will generally relate to public highway that is no longer necessary, this might mean that nearby land is no longer served by a particular highway because its use has changed or an alternative route is available. Internal layout The internal layout plan within the Design and Access Statement does not show the existing Footpath 65HU which runs along the southern boundary of the site nor does it clearly show the internal layout and which sections are footway/service margin and public highway. Has any consideration been given to the upgrading of this footpath to a cycle way to provide part of a link to the Bridleway east of the development site. It is assumed that Appendix D - Master Plan Layout of the Transport Statement is the Site Layout Planning Drawing, however this is not annotated. Can a site layout plan be provided which shows all Public Highway details, including; where the road joins the existing public highway, existing public footpath, public highway/private drive boundary, footway/service margins, raised table features etc. to include a key. Can the applicant also provide this drawing in an original electronic and not scanned electronic format. Please re-consult. 36

37 WSCC Infrastructure Summary of Density per Infrastructure Demands Education Locality Hassocks Population Adjustment Child Product Total Places Required Library Locality Hurstpierpoint Contribution towards Hassocks/ Hurstpierpoint/Steyning 5,067 Contribution towards Burgess Hill 0 Contribution towards East Grinstead/Haywards Heath 0 Population Adjustment 36.8 Sqm per population 30/35 Waste Adjusted Net. Households 17 Fire No. Hydrants Population Adjustment /head of additional population TAD- Transport Net Population Increase Net Parking Spaces Net Commercial Floor Space sqm Total Access (commercial only) Summary of Contributions 40.2 Primary Secondary 6th Form N/A N/A S106 type Monies Due Education - Primary 48,428 Education - Secondary 52,122 Education - 6 th Form No contribution required Libraries 5,067 Waste No contribution required Fire & Rescue No contribution required No. of Hydrants 1 TAD 34,417 Total Contribution 140,034 Note: The above summary does not include the installation costs of fire hydrants. Where these are required on developments, (quantity as identified above) as required under the Fire Services Act 2004 they will be installed as a planning obligation and at direct cost to the developer. (Section 106 of the Town and Country Planning Act). Hydrants should be attached to a mains capable of delivering sufficient flow and pressure for fire fighting as required in the National Guidance Document on the Provision of Water for Fire Fighting 3rd Edition ( Appendix 5) The above contributions are required pursuant to s106 of the Town and Country planning Act 1990 to mitigate the impacts of the subject proposal with the provision of additional County Council service infrastructure, highways and public transport that would arise in relation to the proposed development. 37

38 Planning obligations requiring the above money is understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, The proposal falls within the Mid Sussex District and the contributions comply with the provisions of Mid Sussex District Local Development Framework Supplementary Planning Document- Development and Infrastructure February All TAD contributions have been calculated in accordance with the stipulated local threshold and the methodology adopted as Supplementary Planning Guidance (SPG) in November The calculations have been done on the basis of an increase in 17 Net dwellings. And The calculations have been done on the basis of an increase in an additional 32 car parking spaces. Further to the monetary contributions The County Fire Officer advises that the proposed development may need to include the provision of 1 fire hydrant connected to adequate supplies of water for fire fighting (Contact: David Boarer - Fire Services ). It should also include suitable access for fire brigade vehicles and equipment. Environment Agency Thank you for your consultation on the above application. The Environment Agency has no objections to the proposal as submitted. The site is located in Flood Zone 1, as defined by the National Planning Policy Framework (NPPF) as having a low probability of flooding. In this instance, we have taken a risk based approach and will not be providing bespoke comments or reviewing the technical documents in relation to this proposal. It is, however, a requirement of the NPPF that any planning application submitted for development that is over 1 hectare in size in Flood Zone 1 is accompanied by a Flood Risk Assessment (FRA). This requirement must still be met. We would recommend that the FRA has demonstrated the following as a minimum: - That it will be feasible to balance surface water run-off to the pre-developed runoff rate for all events up to the 1 in 100 year storm (including additional climate change allowance*) and set out how this will be achieved, or achieve betterment in the surface water runoff regime; ensuring that surface water runoff will not increase flood risk to the development or third parties. - How Sustainable Drainage System techniques (SuDs) will be used with any obstacles to their use clearly justified. (This should include, where appropriate, provision for the adoption of drainage infrastructure and maintenance contribution to that party). - * Climate Change - An allowance for climate change needs to be incorporated, which means adding an extra amount to peak rainfall (20% for commercial development, 30% for residential). 38

39 - The residual risk of flooding can be managed safely should any drainage features fail or if they are subjected to an extreme flood event. Surface water may be managed above ground in designated open areas and at shallow depths for events with a return period in excess of 30 years, but this should not put people and property at unacceptable risk. Raising of ground or floor levels could be proposed to manage risk, where appropriate. - An assessment of flood risk associated with 'ordinary watercourses' may also be necessary as our Flood Zone Maps primarily show flooding from main rivers, not ordinary watercourses with a catchment of less than 3km2. Further guidance on site specific FRA's can be found in the Planning Practice Guidance - Flood Risk and Coastal Change which can be found at: For further information on SuDS, 'dry islands' and situations where disposal to a public sewer is proposed please refer to the Environment Agency Flood Risk Standing Advice at: Helpful sources of information on SUDS include: - The CIRIA C697 document SUDS manual - HR Wallingford SR 666 Use of SuDs in high density developments - CIRIA C635 Designing for exceedance in urban drainage - good practice - The Interim Code of Practice for Sustainable Drainage Systems. The Interim Code of Practice provides advice on design, adoption and maintenance issues and a full overview of other technical guidance on SUDS. The Interim Code of Practice is available on our website at: and CIRIA's website at Natural England Thank you for your consultation on the above dated 30 April 2014 which was received by Natural England on the same day. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. The Wildlife and Countryside Act 1981 (as amended) The Conservation of Habitats and Species Regulations 2010 (as amended) The National Park and Access to the Countryside Act 1949 Natural England's comments in relation to this application are provided in the following sections. Statutory nature conservation sites - no objection Based upon the information provided, Natural England advises the Council that the proposal is unlikely to affect any statutorily protected sites. Protected landscapes Having reviewed the application Natural England does not wish to comment on this development proposal. 39

40 The development however, relates to the South Downs National Park. We therefore advise you to seek the advice of the National Park Authority. Their knowledge of the location and wider landscape setting of the development should help to confirm whether or not it would impact significantly on the purposes of the designation. They will also be able to advise whether the development accords with the aims and policies set out in the National Park management plan. Protected species We have not assessed this application and associated documents for impacts on protected species. Natural England has published Standing Advice on protected species. The Standing Advice includes a habitat decision tree which provides advice to planners on deciding if there is a 'reasonable likelihood' of protected species being present. It also provides detailed advice on the protected species most often affected by development, including flow charts for individual species to enable an assessment to be made of a protected species survey and mitigation strategy. You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation. The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence may be granted. If you have any specific questions on aspects that are not covered by our Standing Advice for European Protected Species or have difficulty in applying it to this application please contact us at with details at consultations@naturalengland.org.uk. Local sites If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application. Biodiversity enhancements This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the National Planning Policy Framework. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that 'Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity'. Section 40(3) of the same Act also states that 'conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat'. 40

41 Landscape enhancements This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature. Landscape characterisation and townscape assessments, and associated sensitivity and capacity assessments provide tools for planners and developers to consider new development and ensure that it makes a positive contribution in terms of design, form and location, to the character and functions of the landscape and avoids any unacceptable impacts. We would be happy to comment further should the need arise but if in the meantime you have any queries please do not hesitate to contact us. For any queries regarding this letter, for new consultations, or to provide further information on this consultation please send your correspondences to consultations@naturalengland.org.uk. Sussex Police Thank you for your letter of 30th April 2014, advising me of an application for residential development at the above location, for which you seek comment from a crime prevention viewpoint. The National Planning Policy Framework demonstrates the government's commitment to creating safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion. The level of crime and anti social behaviour in Mid Sussex district is below average when compared with the rest of Sussex, I have no major concerns with the proposals; however, additional measures to mitigate against any identified local crime trends may be required. In general terms I support the proposed layout which is a series of small cul de sacs with no through route. This will give residents a sense of ownership and community, and will deter trespass. The orientation of the proposed dwellings will, in the main, allow for overlooking and natural surveillance of the road and footpath layout and other communal areas. The exception being the small parking court to the rear of Plots 2 and 3, which when surrounded with close boarded garden fencing, will lack any appreciable surveillance capability. My experience is that residents will not entrust their cars to an unsupervised area, preferring instead to park on the development roads in view of their dwellings, thereby confounding the intended use. I also have some concerns over the close proximity of the play area to the balancing pond, but trust that both facilities will be adequately fenced and gated. I would encourage the applicants to consider appropriate measures for crime prevention using the seven attributes of safe, sustainable places and the principles of Secured by Design, particularly with regard to the physical security of the proposed dwellings. I thank you for allowing me the opportunity to comment. The Crime and Disorder Act 1998 heightens the importance of taking crime prevention into account when planning decisions are made. Section 17 of the Act places a clear duty on both police and local authorities to exercise their various functions with due regard to the likely effect on the prevention of crime and disorder. You are asked to accord due weight to the advice offered in this letter which would demonstrate your authority's commitment to work in partnership and comply with the spirit of The Crime & Disorder Act. 41

42 I would also ask you to note that Sussex Police is now exploring the impact of growth on the provision of policing infrastructure over the coming years and further comment on this application may be made by our Joint Commercial Planning Manager. This letter has been copied to the applicant or their agent who is asked to note that the above comments may be a material consideration in the determination of the application but may not necessarily be acceptable to the Local Planning Authority. It is recommended, therefore, that before making any amendments to the application, the applicant or their agent first discuss these comments with the Local Planning Authority. Southern Water Thank you for your letter of 30/04/2014. Southern Water requires a formal application for a connection to the public foul sewer to be made by the applicant or developer. We request that should this application receive planning approval, the following informative is attached to the consent: "To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or Our initial investigations indicate that 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. This should not involve disposal to a public foul sewer. The planning application form makes reference to drainage using Sustainable Urban Drainage Systems (SUDS). Under current legislation and guidance SUDS rely upon facilities which are not adoptable by sewerage undertakers. Therefore, the applicant will need to ensure that arrangements exist for the long term maintenance of SUDS facilities. It is critical that the effectiveness of these systems is properly maintained in perpetuity. Good management will avoid flooding from the proposed surface water system, which may result in the inundation of the foul sewerage system. Thus, where a SUDS scheme is to be implemented, the drainage details submitted to the Local Planning Authority should: - Specify the responsibilities of each party for the implementation of the SUDS scheme - Specify a timetable for implementation - Provide a management and maintenance plan for the lifetime of the development. This should include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The application details for this development indicate that the proposed means of surface water drainage for the site is via a watercourse. The Council's technical staff and the relevant authority for land drainage consent should comment on the adequacy of the proposals to discharge surface water to the local watercourse. 42

43 We request that should this application receive planning approval, the following condition is attached to the consent: "Construction of the development shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water." Due to changes in legislation that came in to force on 1st October 2011 regarding the future ownership of sewers it is possible that a sewer now deemed to be public could be crossing the above property. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any further works commence on site. The applicant is advised to discuss the matter further with Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: ) or 43

44 Hassocks 2. Copyright and database rights 2012 Ordnance Survey LAND AT SANDY LANE BRIGHTON ROAD HASSOCKS WEST SUSSEX BN6 9LY 3 DETACHED DWELLINGS, IMPROVEMENTS TO SANDY LANE ACCESS AND CHANGE OF USE OF LAND ADJACENT TO BEACON VIEW, THE GABLES, MAPLEWOOD AND BARNDOOR COTTAGE TO RESIDENTIAL CURTILAGE WITH FIELD TO NORTH TO BE RETAINED BY "THE SANDY LANE NEIGHBOURHOOD CONSERVATION CO-OPERATIVE". HEATHLAND BUILD LTD. GRID REF: EAST NORTH POLICY: Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Areas of Special Control for Adverts / Countryside Area of Dev. Restraint / Countryside Gap / Classified Roads - 20m buffer / Aerodrome Safeguarding (CAA) / South Downs National Park / / 44

45 ODPM CODE: Minor Dwellings 8 WEEK DATE: 22nd August 2014 CASE OFFICER: Mrs Joanne Fisher PURPOSE OF REPORT To consider the recommendation of the Head of Economic Promotion and Planning on the application for outline planning permission as detailed above. EXECUTIVE SUMMARY Planning permission is sought for 3 detached dwellings, improvements to Sandy Lane access and change of use of land adjacent to Beacon View, The Gables, Maplewood and Barndoor Cottage to residential curtilage with field to North to be retained by "The Sandy Lane Neighbourhood Conservation Co-operative". In light of the Council's lack of a five year supply of housing, para's of the NPPF are engaged and as such the application needs to be considered in the context of paragraph 14 of the NPPF. This paragraph sets a presumption in favour of sustainable development. Therefore is the proposal constitutes sustainable development then the application must be considered on the basis of the presumption in favour of sustainable development, and should only be refused if any adverse impacts would significantly and demonstrably outweigh the benefits of the development, when assessed against the NPPF as a whole, or specific NPPF policies indicate development should be restricted. It is considered that the development constitutes sustainable development. The provision of 3 dwellings would make a small, but useful, to the Council's housing stock. The economic benefits that the development generates, including the new homes bonus, job creation during construction phase and additional spend within the local economy post construction, are matters that should attract significant weight. It is considered that the development of the site for 3 detached dwellings will not cause significant detriment to the character of the area or to the setting of the South Downs National Park. In addition, due to the siting and design of the dwellings the proposal would not cause significant detriment to the amenities of surrounding occupiers or introduce highway safety issues. In these circumstances the NPPF states that permission should be granted and this is a material consideration of sufficient weight to overcome the proposal's conflict with the local development plan. There are no other material considerations that would alter the above planning balance. It is therefore considered that the application complies with Mid Sussex Plan Policies B1, B3, B7, H2, T4, T5, T6 and CS13 and the principles and policies of the NPPF. RECOMMENDATIONS It is recommended that permission be granted subject to the conditions set out in Appendix A. 45

46 SUMMARY OF REPRESENTATIONS 10 letters of SUPPORT - Small plot of land to be given to Barndoor Cottage to act as a buffer to the development and to allow property to empty septic tank; - Design in keeping with surrounding properties; - Lead to improvements to road surface of Sandy Lane; - Field to north will be passed to a Co-operative group to allow ownership and responsibility to preserve the environment and protect the view from the South Downs and also to protect land from future development; SUMMARY OF CONSULTATIONS Highways Authority No concerns would be raised from the highway point of view. If the LPA are minded to approve this application a condition securing the proposed modifications to the access, car parking and cycle parking should be included. South Downs National Park No objection. MSDC Environmental Protection Officer No objection subject to condition on hours of construction and demolition. MSDC Contaminated Land Officer No objection. MSDC Street Name and Numbering Officer Standard Informative requested. PARISH COUNCIL OBSERVATIONS Recommend approval subject to a legally binding agreement transferring the field to the north of the site to the Sandy Lane Conservation Co-operative, to be retained as a nature reserve in perpetuity. Introduction Planning permission is sought for 3 detached dwellings, improvements to Sandy Lane access and change of use of land adjacent to Beacon View, The Gables, Maplewood and Barndoor Cottage to residential curtilage with field to North to be retained by "The Sandy Lane Neighbourhood Conservation Co-operative". Relevant Planning History Planning permission was refused under reference CN/012/88 for the erection of 29 no. 4-bed detached houses and 1no 3-bed detached bungalow on the site in September This scheme was refused for a number of reasons including the site being in a rural area outside of the village of Hassocks; it would be sited in the rural gap between Hassocks and Hurstpierpoint which policies sought to prevent the coalescence of settlements and preserve their setting; the site lies within an Area of Outstanding Natural Beauty and the development would be harmful to their visual quality, it would affect the visual amenities of the area; lead to an increase in traffic movements; unsatisfactory layout. This application was dismissed at appeal. 46

47 Planning permission was refused under reference CN/013/88 for the erection of 29 no. 4-bed detached houses and 1no 3-bed detached bungalow on the site in September This scheme was refused for a number of reasons identical to the above refusal. Planning permission was refused under reference CN/027/90 for a private gypsy caravan site for one family and the retention of stables and store sheds already on the land. This application was refused for a number of reasons including the site being in a rural area and the proposal being unrelated for the needs of forestry, agriculture, recreation and the extraction f minerals or the disposal of waste; the site being within an Area of Outstanding Natural Beauty harmful to the visual quality and essential characteristics; undesirable and sporadic development in a rural area; and the need for a gyps caravan not being so great to override policy objections. Site and Surroundings The application site is a relatively level overgrown paddock, which lies to the south of Sandy Lane a narrow private access track serving three detached dwellings. The paddock sits between two detached bungalows and has vegetation on its boundaries. On the site are some vacant structures. To the north of the site is the access track with a paddock area opposite, to the east are detached bungalows which front onto Brighton Road. To the southern boundary of the site is vegetation and boundary with the South Downs National Park. Within the site are views of the Jack and Jill Windmills and the South Downs. To the west of the site is a detached bungalow and vegetation. Surrounding the site is low density development with a mix in the design of properties of detached bungalows, chalets and dwellings. The application site lies within the Countryside Area of Development Restraint, but falls outside of the South Downs National Park. Application Details Planning permission is sought for 3 detached dwellings, improvements to Sandy Lane access and change of use of land adjacent to Beacon View, The Gables, Maplewood and Barndoor Cottage to residential curtilage with field to North to be retained by "The Sandy Lane Neighbourhood Conservation Co-operative". The proposal is to form 3 detached chalet dwellings with detached garages with attached bin store buildings set forward of the houses adjacent to the lane. The dwellings are to measure a maximum of 15.5 metres in length, 13.6 metres in width, with a maximum ridge height of some 6.9 metres. The properties are to have hipped roofs with a barn hipped element to the front and rear. There are to be two small flat roofed dormers to the rear elevation, one to the front elevation and one to the side elevation serving an en-suite. These dormers are to have a maximum width of 1.5 metres and a maximum depth of 1 metres. There are also to be rooflights to one of the side elevations. The dwellings would be constructed using brick and tiles. The access between Sandy Lane and Brighton Road would be improved through widening the entrance to allow two cars to pass and through improved visibility splays. Opposite the site is an existing meadow which is to be transferred to "The Sandy Lane Cooperative", with some land being incorporated into the residential curtilages of 4 units which front onto Brighton Road. 47

48 List of Policies National Policy Paragraphs 7, 14, 17, 32, 47, 49, 187, 197 and 216. Mid Sussex Local Plan G1 (Sustainable Development) G2 (Sustainable Development) G3 (Infrastructure Requirements) B1 (Design) B3 (Neighbour amenity) B4 (energy and Water Conservation) B7 (Trees and development) C1 (Countryside) C2 (Strategic Gaps) H2 (Density and Dwelling Mix) T4 (New Development) T5 (Parking Standards) T6 (Cycle Parking) CS13 (Land Drainage) Dwelling space standards supplementary planning document (SPD) District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. Assessment (Consideration of Key Issues The main issues for consideration are the principle of the development, highways, the impact to the character of the area and the adjoining National Park, and the impact to the amenities of surrounding occupiers. Principle of development Planning legislation holds that the determination of a planning application shall be made in accordance with the Development Plan unless material considerations indicate otherwise. Using this as the starting point the development plan in Mid Sussex consists of the Small Scale Housing Allocations Document (2008) and the Mid Sussex Local Plan (MSLP) (2004). In the event of conflicts between policies in these plans or with Government policy, it is the most recent policy which takes precedence. With this is in mind the National Planning Policy Framework (NPPF), which was issued in March 2012, is materially relevant and shall be afforded significant weight. Para 14 of the NPPF States: "At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. 48

49 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 policies are out-of-date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted." Para 49 of the NPPF states: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the Local Planning Authority cannot demonstrate a five-year supply of deliverable housing sites." This Council cannot currently demonstrate a five-year housing land supply for the District. The housing requirement set out in the now revoked South East Plan is no longer relevant. However, the objectively assessed housing need figure for the district is yet to be tested through the District Plan examination. As such the Council is unable at present to demonstrate the five year supply of deliverable sites, since it does not have an agreed requirement to calculate this supply against. This Council cannot currently demonstrate a five-year housing land supply for the District. On this basis, despite the fact the application site falls outside of the defined built up area of Hassocks where policy C1 is applicable, and despite the fact that housing development is not one of the listed types of development permissible under Policy C1 of the Local Plan, this policy cannot be considered up to date, where it seeks to restrict housing supply. Notwithstanding this, the objectives of the policy are still deemed consistent with one of the core planning principles of the NPPF insofar as it indicates that the intrinsic character and beauty of the countryside should be recognised. There can be no 'in principle' objection to the location of the proposed development. It is recognised that Hassocks Parish Council are currently working on preparing a Neighbourhood Plan for Hassocks. However a draft plan has yet to be produced or published for consultation. In addition to para 216 of the NPPF, the National Planning Policy Guidance (NPPG) offers further guidance on the weight that can be attached to emerging plans and outlines while they are a material consideration they will seldom justify a prematurity argument until they have reached an advanced stage of preparation, which is referenced as after the Local Planning Authority's Regulation 16 publicity period. Given that the Hassocks Neighbourhood Plan has yet to reach to reach a published draft form, no weight can be attached to it in the determination of this application. It is accepted that paragraph 14 of the NPPF is applicable and that this paragraph sets a presumption in favour of sustainable development. Therefore if the proposal constitutes sustainable development then the application must be considered on the basis of the presumption in favour of sustainable development, and should only be refused if any adverse impacts would significantly and demonstrably outweigh the benefits of the development, when assessed against the NPPF as a whole, or specific NPPF policies indicate development should be restricted. 49

50 As set out above the NPPF (para 7) sets out the three dimensions to sustainable development: economic, social and environmental. Paragraph 8 goes on to say that these roles should not be undertaken in isolation, because they are mutually dependant. THE ECONOMIC ROLE The proposed development would result in the creation of construction jobs during the build period. The additional population could help generate more local spending in the local community provision of infrastructure and services, and generate New Homes Bonus funding, as well as additional Council Tax receipts. The proposal satisfies the economic dimension of sustainable development. SOCIAL ROLE The provision of 3 new dwellings will make a small but useful contribution to the district's housing supply and will help meet the identified need for housing. The NPPF seeks to promote a "strong, vibrant and healthy community by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community's needs and supports it health, social and cultural well-being." It can be considered that the proposal satisfies the social dimension of sustainable development. Due to the location of the site close to the built-up edge of Hassocks where there are a number of services, it is considered that the location of the site is suitable. ENVIRONMENTAL ROLE The proposed development is on land that is free from national designations, i.e. Area of Outstanding Natural Beauty or National Park, which cover 60 per cent of the district. There is an overriding need to ensure that the intrinsic character and beauty of the countryside is recognised and that development should contribute to protecting and enhancing the natural, built and historic environment. While there are clearly detailed matters that need to be carefully considered and which are set out further in this report, for the purposes of this application it is considered that the proposal satisfies the environmental dimension of sustainable development. There is no overriding issue at this point that clearly and justifiably demonstrates that the proposal would not constitute sustainable development as defined by para 7 of the NPPF. Your officers are satisfied that the presumption in favour sustainable development does apply in this case and consideration needs to be given to the application in the context of para 14, and should only be refused if any adverse impacts would significantly and demonstrably outweigh the benefits of the development, when assessed against the NPPF as a whole, or specific NPPF policies indicate development should be restricted. Localism, growth and economic impact Part 6 of the Localism Act was enacted on 16th January This requires the LPA to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration and if permitted the LPA will receive a New Homes Bonus as a result of this development. 50

51 Access, parking and impact on highway safety As part of the scheme, the access from Brighton Road is to be widened to improve the current access and to allow two vehicles to pass at the entrances into the site off the public highway. In addition, the existing access road of Sandy Lane is to be upgraded. Each unit is to benefit from a separate driveway with off road parking on hardstanding and garaging. Whilst there is to be an increase in vehicular movements from Brighton Road, it is not considered that the formation of 3no units would cause a significant detrimental impact to highway safety. The Highways Authority have been consulted on the scheme and raise no highway objection. The proposal is thereby considered to comply with policies T4 and T5 of the Local Plan. Impact on the Character of the Area and the adjoining National Park The site is well screened on the side and rear boundaries by dense vegetation so is not visible from Brighton Road. Whilst the units are visible in Sandy Lane, they would be seen in the relation to the surrounding units of Barndoor Cottage and Wilma. Wider views may be gained from the National Park by public viewpoints from Jack and Jill Windmills and Wolstonbury Hill. However, these would be long distance views and due to the scale of the units and their relationship with surrounding properties, there would be limited visual impact to the National Park and countryside. No objection has been raised by the National Park Authority. Design There is a mixture in the design and scale of dwellings at this point on Brighton Road and also within Sandy Lane. The proposed units would be larger in scale than the dwellings to the east and to the immediate west. However, it is considered that such a design would not be out of keeping with the area. The proposed materials (plain tiles and brick for the elevations) are considered appropriate and in keeping with the materials of surrounding units. The proposal is thereby considered to comply with policy B1 of the Local Plan. Impact on amenities of adjacent residents The dwellings have been sited away from the boundaries with the neighbouring properties with no first floor windows or dormers proposed to the side elevations towards the existing dwellings. In addition, whilst there will be first floor rear windows serving the units, due to the siting of the properties and their relationship with existing properties, overlooking is limited with oblique angles into rear gardens. It is thereby considered that the proposal complies with policy B3 of the Local Plan. Sustainability The National Planning Policy Framework was published in March Paragraph 93 states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." 51

52 Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan require all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. The applicants have submitted in their Design and Access Statement that the development proposes a number of sustainable features. These include super insulated walls, roof and floors, low u-value windows, A+ rated appliances, use of low energy light bulbs, and water saving taps and sanitary ware. Space Standards In July 2009 Mid Sussex District Council adopted a Supplementary Planning Document on Dwelling Space Standards. The proposed units meet these standards. The proposal thereby complies with Policy H3 of the Local Plan and also the Councils Supplementary Planning Document: Dwelling Space Standards. Ecology The application has been submitted with an Extended Phase 1 Ecological Survey and a Reptile Survey. The reports conclude that the site does not support badgers, bats, amphibians, reptiles or dormice. Whilst slow worms are known to use the site, the site was not considered to be a key reptile site. The report makes a number of recommendations including that a section of grassland is retained and managed as part of the scheme, tree lines be kept on the boundaries of the site to provide good opportunity of foraging bats, enhance the hedgerows with native species, creation of log and brash piles, and the installation of bat boxes. Conclusions / Planning Balance In light of the Council's lack of a five year supply of housing, para's of the NPPF are engaged and as such the application needs to be considered in the context of paragraph 14 of the NPPF. This paragraph sets a presumption in favour of sustainable development. Therefore is the proposal constitutes sustainable development then the application must be considered on the basis of the presumption in favour of sustainable development, and should only be refused if any adverse impacts would significantly and demonstrably outweigh the benefits of the development, when assessed against the NPPF as a whole, or specific NPPF policies indicate development should be restricted. It is considered that the development constitutes sustainable development. The provision of 3 dwellings would make a small, but useful, to the Council's housing stock. The economic benefits that the development generates, including the new homes bonus, job creation during construction phase and additional spend within the local economy post construction, are matters that should attract significant weight. 52

53 It is considered that the development of the site for 3 detached dwellings will not cause significant detriment to the character of the area or to the setting of the South Downs National Park. In addition, due to the siting and design of the dwellings the proposal would not cause significant detriment to the amenities of surrounding occupiers or introduce highway safety issues. In these circumstances the NPPF states that permission should be granted and this is a material consideration of sufficient weight to overcome the proposal's conflict with the local development plan. There are no other material considerations that would alter the above planning balance. It is therefore considered that the application complies with Mid Sussex Plan Policies B1, B3, B7, H2, T4, T5, T6 and CS13 and the principles and policies of the NPPF. 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 No development shall be carried out unless and until samples of materials and finishes to be used for external walls and roofs of the proposed dwellings and garages have been submitted to and approved by the Local Planning Authority. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve buildings of visual quality and to accord with Policy B1 of the Mid Sussex Local Plan 3. No development shall take place unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of a landscape plan and landscape strategy for both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved using indigenous species. 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. 4. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the 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. 53

54 5. No development shall take place until details of proposed fences, walls and hedges have been submitted to and approved by the Local Planning Authority, and no dwelling shall be occupied until such fences, walls and hedges associated with them have been erected or planted. Reason: In order to protect the appearance of the area and to accord with Policy B3 of the Mid Sussex Local Plan. 6. The development hereby permitted shall not proceed until details of the proposed surface water and foul drainage and means of disposal have been submitted to and approved by the Local Planning Authority, and no dwelling shall be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. Reason: To ensure that the proposed development is satisfactorily drained and to accord with Policy CS13 of the Mid Sussex Local Plan. 7. Construction phase 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 and to accord with policy B3 of the Mid Sussex Local Plan. 8. During construction where contamination of the soil is found, or suspected, all works shall stop in that area and the Local Planning Authority are advised immediately. Works shall not proceed until a scheme detailing the risk from the contamination and the method by which the risk will be eliminated, has been submitted to, and approved by, the Local Planning Authority. Works shall then proceed in strict accordance with the scheme approved by the Local Planning Authority. 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 in accordance with policy CS20 of the Local Plan. 9. Pre-occupation conditions The development hereby approved shall not be occupied until the modifications to the vehicular access serving Sandy Lane and the proposed dwellings has been carried out and constructed in accordance with the approved plans. Reason: In the interests of highway safety and to accord with policy T4 of the Mid Sussex Local Plan. 54

55 10. The dwellings shall not be occupied until the parking spaces 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 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. The dwellings hereby permitted shall not be occupied until provision has been made within the site in accordance with details to be submitted to and approved by the Local Planning Authority for the parking of bicycles clear of the public highway and the storage of bins and such space shall not thereafter be used other than for the purposes for which it is provided. Reason: To provide alternative travel options to the use of the car and to safeguard the character of the area accord with Policies T6 and B1 of the Mid Sussex Local Plan. 12. The development hereby permitted shall be carried out in all respects in accordance with the Ecological Enhancements identified by Paragraphs of the Extended Phase 1 Ecological Survey dated September Prior to occupation Details of the enhancements on site shall be submitted to and approved in writing by the LPA prior to occupation of the dwelling. Reason: In the interests of biodiversity in accordance with policy C5 of the Mid Sussex Local Plan. 13. The dormer window on the side elevation of the dwellings shall at all times be glazed with obscured glass fixed to be permanently non-opening. Reason: To protect the amenities and privacy of the adjoining property and to accord with Policy B3 of the Mid Sussex Local Plan. INFORMATIVES 1. 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 identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 2. 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 developers advice can be found at or by phone on

56 3. 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 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. 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 Block Plan 1119-PA-010 D Existing Site Plan 1119-PA-001 A Proposed Site Plan 1119-PA Topographical Survey 14022_TOPO 1 of Topographical Survey 14022_TOPO 2 of Topographical Survey 14022_TOPO 3 of Topographical Survey 14022_TOPO 4 of Proposed Floor and Elevations 1119-PA-015 A Plan Street Scene 1119-PA Proposed Floor and Elevations 1119-PA-013 A Plan Proposed Roof Plan 1119-PA Proposed Site Plan 1119-PA APPENDIX B CONSULTATIONS Highways Authority It is proposed that the existing access on to Brighton Road is utilised for this proposal. The works on the highway for the new access must be agreed with the WSCC Community Highway Officer and carried out under licence. As the site accesses onto a residential road with a speed restriction of 30mph, it would be appropriate for the development to be considered alongside Manual for Streets (MfS) guidance. The proposed visibility splays, taken from a setback of 2.4m, extend 59m to a point on the nearside kerb line and this is consistent with MfS guidance. 56

57 MfS does provide some allowance for occasional on-street parking within the visibility splay and it would appear that in this area, where most properties have some sort of off-street parking facility, that there is not an extensive demand for on-street parking particularly during peak movement time. Although the site does not benefit from an established local cycle network, the wide roads and low speeds enables cycling to be a viable alternative for shorter journeys. The main roads connecting Hassocks to the larger urban centres tend to be relatively narrow and unlit, appealing more to experienced and confident cyclists. Considered against the WSCC Parking Demand Calculator, the proposed parking provision is considered acceptable. Any visitor parking would be short term and unlikely to generate any significant highway safety issue, therefore an objection on the basis of a short falling on parking would not be raised. The Planning Authority may wish to consider the implications of this proposal upon on-street parking. No concerns would be raised from the highway point of view. If the LPA are minded to approve this application a condition securing the proposed modifications to the access, car parking and cycle parking should be included. INFORMATIVE 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. South Downs National Park The site adjoins the northern boundary of the National Park (NP) and would be partially screened by existing trees and vegetation. It would be potentially visible from elevated public areas from within the Downs looking north; however, the site would also be seen largely against the backdrop of the urban setting of Hassocks. The site is a countryside location outside of the development boundary and is not allocated in the MSDC local plan. As such, the proposed development would need to be considered against the relevant MSDC development plan policies, including fundamental policies relating to new dwellings in the countryside, and the NPPF, including para 55 thereof. Although the site is outside the National Park, as it adjoins it, it may also be appropriate to consider development against the SDNPA Partnership Management Plan, in relation to the setting of the National Park and the special qualities thereof. Fundamentally, even outside of the NP, new dwellings in the countryside have the potential to significantly reduce the transition of landscape character from rural countryside to the main urban area; in this case Hassocks. The introduction of residential units on this land where no specific and proven justification exists has the potential to have a detrimental impact on the setting of the neighbouring South Downs National Park by way of the introduction of residential built form and associated domestic uses, in a sensitive location. It is noted from the submitted documents that the new dwellings would be set back from the boundary with the National Park; whilst this would help to reduce the impact of introducing further built form close to the NP, in the event MSDC consider that there is sufficient justification to grant planning permission, it would be appropriate to strengthen the southern boundary with the NP with further trees and other appropriate planting. In addition, it would be appropriate to perhaps consider limiting domestic paraphernalia close to the boundary with the NP such as sheds etc, so as to help with the transition from built form to the special rural and landscape qualities of the NP. 57

58 Finally, and again in the event planning permission would be granted, it may be appropriate to impose a finished ground/floor levels condition for each of the dwellings so as to maintain as lower profile as possible to reduce the visual impact of further built form in this semi-rural location. In consideration of the above, the SDNPA would also draw attention to Mid Sussex District Council, as a relevant authority, to the Duty of Regard, as set out in the DEFRA guidance note: The SDNPA trust that the above comments are helpful to the appraisal and determination of this planning application in consideration of the setting of the South Downs National Park. 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. Informative: 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 MSDC Contaminated Land Officer The property is in the area of a former nursery. As such, the following informative is recommended in relation to the above: "During construction where contamination of the soil is found, or suspected, all works shall stop in that area and the Local Planning Authority are advised immediately. Works shall not proceed until a scheme detailing the risk from the contamination and the method by which the risk will be eliminated, has been submitted to, and approved by, the Local Planning Authority. Works shall then proceed in strict accordance with the scheme approved by the Local Planning Authority." 58

59 MSDC Street Name and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "The proposed development will require formal address allocation. You are advised to contact the Council's Street Naming & Numbering Officer before work starts on site. Details of fees and advice for developers can be found at or by phone on " 59

60 Burgess Hill 3. Copyright and database rights 2012 Ordnance Survey LAND BETWEEN 98 AND 104 FOLDERS LANE BURGESS HILL WEST SUSSEX RH15 0DX ERECTION OF TWO DETACHED DWELLINGS, ONE WITH AN INTEGRAL GARAGE AND ONE WITH A DETACHED GARAGE, ASSOCIATED ACCESS, LANDSCAPING AND ANCILLARY WORKS THORNBRIDGE LIMITED GRID REF: EAST NORTH POLICY: Areas of Special Control for Adverts / Countryside Area of Dev. Restraint / Countryside Gap / Classified Roads - 20m buffer / Planning Agreement / Planning Obligation / Radon Gas Safeguarding Zone / Tree Preservation Order / Tree Preservation Order / / ODPM CODE: Minor Dwellings 60

61 8 WEEK DATE: 13th August 2014 CASE OFFICER: Mr Andrew Watt 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 Full planning permission is sought for the erection of 2 no. detached dwellings, one with integral double garage and the other with detached double garage, together with associated access, landscaping and ancillary works. The principle of residential development on this site is considered acceptable in the context of the council's lack of 5-year housing land supply and is deemed to constitute sustainable development when assessed against the NPPF as a whole. In detail, the proposal is also considered acceptable, subject to various conditions. As such, the proposal would also comply with policies G2, B1, B3, B4, B7, H2, T4, T5, T6 and CS13 of the Mid Sussex Local Plan and should therefore be approved. RECOMMENDATION It is recommended that the application be approved subject to the conditions set out in Appendix A. SUMMARY OF CONSULTATIONS MSDC Street Naming and Numbering Officer Informative requested. MSDC Tree and Landscape Officer No comment received. WSCC Highways No objection, subject to conditions. SUMMARY OF REPRESENTATIONS 5 letters of objection: - Greenfield site outside built up area, so represents a valuable open space. - Previous refusals should still stand. - Loss of visual amenity for walkers and cyclists using Ditchling Common Country Park. - Blocks views of open countryside. - Loss of trees. - Applicant does not have ownership or control of existing access to site from Folders Lane. - In Local Gap. - Not sustainable. - Precedent. 61

62 - Site outside built up area of Neighbourhood Plan. - Increased traffic and road safety problems. - Overbearing impact and loss of outlook. - Cumulative effect of development in this area. - Increased noise and disturbance. 1 letter of support: - Land is of no agricultural use, being too small a plot. - Currently wasteland and has been for 15 years with feral wildlife. - Proposed homes in keeping so will enhance the area. - No problems foreseen in sharing the access. - Trees need to be incorporated into the development. 1 letter of comment: - No objections to the development, but reservations over speed of traffic, so need speed calming measures. - This development and others will increase this problem. TOWN COUNCIL OBSERVATIONS Recommend approval - an application for any more than 2 would be overdevelopment of the site. INTRODUCTION Full planning permission is sought for the erection of 2 no. detached dwellings, one with integral double garage and the other with detached double garage, together with associated access, landscaping and ancillary works. RELEVANT PLANNING HISTORY In April 2002, an outline application for the erection of 2 no. detached dwellinghouses with garages was withdrawn following a recommendation to refuse(02/00390/out). In October 2002, an outline application for the erection of 2 no. detached dwellinghouses with garages was withdrawn following a recommendation to refuse (02/01818/OUT). In May 2003, full planning permission for the erection of two detached houses, access drive and ancillary works was refused (03/00663/FUL). The reasons for refusal were: 1. The site lies in a Countryside Area of Development Restraint and the proposal being unrelated to the essential needs of agriculture, forestry, the extraction of minerals, the deposit of waste the implementation of Policy H6 or for quiet informal recreation would be contrary to Policy C1 of the 1993 Structure Plan, Policy LOC2 of the West Sussex Structure Plan Deposit Draft and Policy C1 of the Mid Sussex Local Plan Revised Deposit Draft which seek to protect the countryside for its own sake from development which does not need a countryside location. 2. The proposal would involve development within the local countryside gap as identified in Mid Sussex Local Plan and would conflict with the objectives of maintaining the gap which are to prevent the coalescence of settlements and retain their separate identities. The proposal therefore conflicts with Policies C1 and C6 of the 1993 Structure Plan, Policy LOC2 of the West Sussex Structure Plan Deposit Draft and Policy C3 of the Mid Sussex Local Plan Revised Deposit Draft. 62

63 An appeal was lodged against this decision and dismissed in April The Inspector stated that the construction of 2 houses on this site would increase the density of housing detracting from the character and appearance of the locality, which would become residential rather than rural, effectively extending the built up area boundary. SITE AND ITS SURROUNDINGS The 0.25 ha site is located on the southern side of Folders Lane between nos. 98 and 104 and is accessed off a shared drive serving nos. 104 and 106, two large detached houses granted permission in 1993 to replace the former Catholic Guild of St Joseph and St Dominic community/commercial site, which closed in It is within a Countryside Area of Development Restraint and local gap between Burgess Hill and Ditchling Common, with the Lewes to Wivelsfield railway line located beyond no. 106 to the east. Land levels are relatively flat and consist largely of neat scrubland set behind a post and rail fence. Adjoining the site boundary to the east is an access to some agricultural land to the south. The western boundary largely consists of mature screening, with 12 trees subject to Preservation Orders. There is also a mature frontage screen between the driveway and Folders Lane. While the residential dwellings on the northern side of Folders Lane opposite the site are within the built-up area of Burgess Hill, this boundary only extends to no. 90 on the southern side, some 90m to the west of the site. APPLICATION DETAILS The application is for the erection of 2 no. detached dwellings, one with integral double garage and the other with detached double garage, together with associated access, landscaping and ancillary works. The site will be split roughly down the middle, taking into consideration the undevelopable area on the western boundary. The existing post and rail fence to the front will be retained and repaired as necessary, and a new fence to the southern boundary, together with boundary planting. In detail, Plot 1 to the east proposes a footprint of 169 sq m and 5 bedrooms with integral double garage and conservatory to the rear. Facing materials will be brick and tile hanging beneath a steeply pitched roof. Plot 2 to the west proposes a footprint of 179 sq m and 5 bedrooms with conservatory to the rear and separate double garage to the front. Facing materials will be brick and a black timber and rendered gable to the front. Separate accesses and turning areas will be formed off the existing shared driveway. Rear gardens will vary between 22 and 24m in length, with front gardens varying between 18m and 24m in length. LIST OF POLICIES National Policy National Planning Policy Framework (Mar 2012) Planning Practice Guidance (Mar 2014) Mid Sussex Local Plan G2 (sustainable development) C1 (protection of the countryside) C3 (local gaps) C5 (nature conservation) B1 (design) B3 (residential amenities) B4 (energy and water conservation) 63

64 B7 (trees and development) H2 (density and dwelling mix) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (land drainage) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) ASSESSMENT The main considerations are: the principle of the development; localism, growth and economic impact; design and visual impact; effect on neighbouring amenity; standard of accommodation; access, parking and highway safety; drainage; sustainability; and impact on trees. Principle of development Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan is the Mid Sussex Local Plan (May 2004) and the Small Scale Housing Allocations Development Plan Document (Apr 2008), and policies C1 and C3 are most relevant. The NPPF is a material consideration and paragraph 49 states: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-todate if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites." As Mid Sussex District Council are unable to demonstrate a 5 year supply of deliverable housing sites, the supply of housing element of policy C1 cannot be considered up to date. In these circumstances, paragraph 14 of the NPPF applies, which states in part: "At the heart of the National Planning Policy Framework 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: - approving development proposals that accord with the development plan without delay; and - where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted." 64

65 Given the above, it is necessary to weigh up any adverse impact of the development (for example, on the landscape) against the benefits of providing new housing when there is a lack of a housing land supply to meet local need and benefit the local economy. Objectives of Local Plan policies C1 and C3 are to recognise the intrinsic character and beauty of the countryside as well as preventing coalescence between settlements to retain their individual identity and amenity, so in this regard, they still carry some weight, but must be assessed against the degree of conformity with the NPPF. In considering whether the development of this site would be deemed 'sustainable', the NPPF sets out three dimensions that planning performs in paragraph 7: the economic role, the social role and the environmental role. It is considered that the development of this site would contribute toward the economic and social roles of sustainable development in terms of helping to build a 'strong, responsive and competitive economy' and helping to meet community housing needs. The site is relatively sustainably located in Burgess Hill, being some 1.4km from the railway station and town centre, and is surrounded on three sides by residential dwellings. Given that the land has not been in agricultural use for some years, the proposal would not intrude upon any agricultural land due to the small size of site. Because the site is set back from Folders Lane and screened by mature vegetation, the visual impact would be limited to that at the entrance to the shared driveway, which currently acts as a buffer between 98 and 104. However, the two dwellings proposed will retain a central gap between them and the tree screen to the western boundary, so this development would read as a natural infill with a good setback from Folders Lane overall. It is therefore not considered that the proposal would significantly and demonstrably outweigh the harm to this semi-rural area such that it would justify a refusal and so the principle of development is therefore considered acceptable on the planning balance. Localism, growth and economic impact A focus of the Government's strategy since its election in 2010 has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration. If permitted, the Local Planning Authority would receive a New Homes Bonus as a result of this development. Design and visual impact on the character of the area Paragraph 56 of the NPPF states: "The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people." Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: 65

66 - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Paragraph 61 states: "Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment." Policy B1 of the Local Plan promotes high quality design, construction and layout in new buildings and policy B2 encourages good quality residential estate development. Given the modernity and scale of the dwellings at nos. 104 and 106, it is considered that the reduced width of the proposed dwellings in comparison would be acceptable in this context. The southern side of Folders Lane is characterised by large properties set in sizeable plots and the proposal would ensure that the plot sizes would remain generous and in keeping with the spacious nature of its surroundings. The design of the dwellings on their own merits is acceptable and so the above policies and guidance would be met. Effect on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected would be those at nos. 98, 104 and 106 Folders Lane. Given the extensive mature vegetation screen along the western boundary, there would be no significant harm caused to the occupiers of this dwelling at no. 98, located around 45m away, corner to corner. The flank elevation of Plot 1's house would be sited some 17m from the flank elevation of no. 104 and 11m from the new garage, with an intervening agricultural access track. This flank wall consists of a car port/garage, and as the proposed dwellings would not significantly project either forwards or rearwards from this property, no significant harm would result to the amenities of this property in terms of being overbearing or overlooking. Although there is a first floor window proposed on one side elevation of each dwelling, they will not mutually overlook each other, as both face west, and so Plot 1 will look out onto a flank wall of Plot 2 some 2.6m away and Plot 2 will look out towards a mature tree screen to no. 98. These are shown on the submitted plans as obscure glazed, but because of the nature of the siting set out above, it is not necessary to secure this through condition. Overall, therefore, it is considered that the proposal would comply with the above policy. Standard of accommodation The council's adopted Dwelling Space Standards Supplementary Planning Document sets out space standards for all new residential dwellings, to secure a satisfactory standard of accommodation for future residents. A minimum floor area standard of 111 sq m for 4-bed houses is expected to be attained, together with an additional minimum storage space, howsoever provided. 66

67 The development has been designed to exceed these standards, thus complying with the SPD. Access, parking and highway safety Policies T4 and T5 of the Local Plan outline the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. The Highway Authority have assessed the application and raise no objection. No new access is required onto Folders Lane itself, and nor would the intensification of the shared driveway require any enlargement. There is good visibility onto the shared driveway, so the formation of the new accesses off this driveway is acceptable. A condition is recommended to ensure that cycle storage space is provided on site for both dwellings, and thus the above policies would be met. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. It is considered that this matter can be dealt with through condition, which would ensure compliance with the above policy. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. An Energy Statement has been submitted to accompany the application, specifying that the development will achieve Code Level 4 of the Code for Sustainable Homes. The detailed measures to be provided can be found on file and are considered acceptable in accordance with the above policies and guidance, to be secured by condition. Impact on trees Policy B7 of the Local Plan seeks to retain trees as far as possible for their amenity value. A Tree Survey has been submitted, which shows that the trees on the western boundary will be retained, although 2 Ash trees, a Goat Willow and an Oak tree (the latter subject to a TPO) are to be removed. 67

68 These are all Category C trees, according to the Survey, meaning that it is a tree of low quality with an estimated life expectancy of at least 10 years. The Oak tree is categorised as C(2), being 'trees present in groups or woodlands, but without this conferring on them signficantly greater collective landscape value, and/or trees offering low or only temporary landscape benefits.' Given the above, and that the majority of trees will be retained, which will ensure the sylvan street scene and setting will remain, it is considered that the above policy be met. CONCLUSION The principle of residential development on this site is considered acceptable in the context of the council's lack of 5-year housing land supply and is deemed to constitute sustainable development when assessed against the NPPF as a whole. In detail, the proposal is also considered acceptable, subject to various conditions. As such, the proposal would also comply with policies G2, B1, B3, B4, B7, H2, T4, T5, T6 and CS13 of the Mid Sussex Local Plan and should therefore be approved. 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 Pre-commencement conditions 2. No development shall commence until a schedule and/or samples of materials and finishes to be used for the external walls, windows, doors and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality and to accord with policy B1 of the Mid Sussex Local Plan. 3. No development shall commence until details of proposed boundary screen walls/fences/hedges have been submitted to and approved in writing by the Local Planning Authority and the dwelling(s) hereby permitted shall not be occupied until such boundary screen walls/fences/hedges associated with them have been erected or planted. The boundary treatments approved shall remain in place in perpetuity or unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to protect the appearance of the area and protect the amenities of adjacent residents and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 4. No development shall commence unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved. 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. 68

69 5. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which, within a period of 5 years from the completion of the 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. 6. No development shall commence until details of the proposed surface water drainage and means of disposal have been submitted to and approved in writing by the Local Planning Authority and the dwelling(s) hereby permitted shall not be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 7. No development shall commence until details of existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with policies B1 and B3 of the Mid Sussex Local Plan. 8. No work shall be carried out on the site unless and until an effective vehicle wheel-cleaning facility has been installed in accordance with details approved in writing by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site. Reason: 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 and to accord with policy T4 of the Mid Sussex Local Plan. 9. No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved in writing by the Local Planning Authority provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted. Reason: In the interests of road safety and to accord with policy T4 of the Mid Sussex Local Plan. 10. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicant s control) in accordance with details approved in writing by the Local Planning Authority, for all temporary contractors buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with policy T4 of the Mid Sussex Local Plan. 69

70 11. 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 construction phases of the development. Reason: To safeguard the amenities of surrounding residents and to accord with policy B3 of the Mid Sussex Local Plan. Construction phase 12. 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. Pre-occupation conditions 13. The dwelling hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided in accordance with a detailed construction plan to be submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. Post-occupation monitoring/management conditions 14. The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application and shall meet Code Level 4 of the Code for Sustainable Homes. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 70

71 INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a predevelopment condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 2. 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 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: - 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 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 S201 B Block Plan S202 B Proposed Floor and Elevations 1154 P220 GARAGE Plan Proposed Floor and Elevations P211 E PLOT Plan Proposed Floor and Elevations P210 E PLOT Plan Proposed Elevations P203 B STREET Proposed Site Plan P202 D ROOF LEVEL Proposed Site Plan P201 E GROUND LEVEL Proposed Elevations 1154/C102B STREET Site Plan 1154/C101B

72 APPENDIX B CONSULTATIONS MSDC Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " MSDC Tree and Landscape Officer No comment received. 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. The proposal is for two dwelling units with access onto Folders Lane via an existing access point. From an inspection of the plans alone, there is no apparent visibility issue at the point of access onto Folders Lane, though the applicants are reminded to keep vegetation within the visibility splays below 0.6m. The access appears to have been designed to accommodate further plots, and is wide enough to allow vehicles to pass without obstructing other users of the carriageway. 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. There are no anticipated highway safety concerns with this proposal. CONDITION No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved by the Local Planning Authority. Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies. 72

73 Burgess Hill 4. Copyright and database rights 2012 Ordnance Survey COMMUNITY MENTAL HEALTH CENTRE SUMMERFOLD HOUSE 152 LEYLANDS ROAD BURGESS HILL RH15 8JE DEMOLITION OF EXISTING BUILDING AND REPLACEMENT WITH 6 NO. DWELLINGS TOGETHER WITH CAR PARKING AND NEW ACCESS ARRANGEMENTS. MJH EXECUTIVE HOMES GRID REF: EAST NORTH POLICY: Built Up Areas / Classified Roads - 20m buffer / Radon Gas Safeguarding Zone / Tree Preservation Order / ODPM CODE: Minor Dwellings 8 WEEK DATE: 29th August 2014 CASE OFFICER: Mr Andrew Watt 73

74 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 Full planning permission is sought for the demolition of the existing building (vacant healthcare facility) and replacement with 6 no. dwellings (4 x 3-bed houses and 2 x 4-bed houses), together with new access arrangements and 15 car parking spaces (6 within garages). Members may be aware that a previous application for the same development was withdrawn from the agenda of 12 June, due to a late objection from the Highway Authority in relation to an insufficient visibility splay to the driveway of Plot 1, due to a neighbouring wall. The application has therefore been resubmitted repositioning this access further into the site, and re-siting both the garage and the dwelling accordingly, together with the visitor car parking space. Other than that, the remainder of the application is identical. It is considered that the loss of the former healthcare facility and replacement with residential use is acceptable. The detail of the application is also deemed acceptable. Matters such as cycle parking, refuse storage facilities, drainage, sustainability, design details, biodiversity and construction can be dealt with by condition. For the reasons stated above, it is considered that the proposed development would comply with the National Planning Policy Framework and policies B1, B3, B4, B7, H2, H3, T4, T5, T6, CS13 and CS18 of the Mid Sussex Local Plan and so should be approved. RECOMMENDATION Recommendation A It is recommended that permission be granted, subject to the applicants first entering into a satisfactory Section 106 Obligation securing the necessary infrastructure contributions and to the conditions listed at Appendix A. Recommendation B If by 18 September 2014, the applicants have not submitted a satisfactory signed planning obligation securing the necessary financial contributions, then it is recommended that planning permission be refused at the discretion of the Head of Economic Promotion and Planning for the following reason: The application fails to comply with policy G3 of the Mid Sussex Local Plan in respect of the infrastructure required to serve the development. SUMMARY OF REPRESENTATIONS 3 letters of objection: - Property is part of Burgess Hill's history - it is one thing to destroy such a building (formerly Newick House School) but another to chop down the rare, ancient North American Pacific red cedars, which should be preserved. - Proposal is excessive, increasing number of adjoining dwellings by 2. - Overlooking of garden and patio. 74

75 - Loss of light and privacy. - Road traffic. - Apparently bats are in the building. - Too many parking spaces. - Difficulty in exiting neighbouring property already, because drivers speed along Leylands Road. - Need better fencing along boundary. - Entrance will be moved nearer bus stop. Will buses still be going along? - Loss of habitats in trees. - Noise. - Gardens too small for children. - Dangerous road for children. - Will there be enough room for dust carts? - When the NHS were in the premises, they were told by the council not to turn right out of the entrance: will this be the same with the houses? 1 letter of support: - Welcome the new dwellings and demolition of an eyesore. - Will result in an increase in light levels to neighbouring garden. SUMMARY OF CONSULTATIONS MSDC Environmental Protection (previous comments) No objection, subject to conditions. MSDC Leisure Proposal will attract a contribution of 17,680 towards local leisure infrastructure. MSDC Street Naming and Numbering Officer Informative requested. MSDC Waste Contracts Officer (previous comments) Recommend that the 6 properties have individual bins that can be stored within the curtilage of the properties and presented for collection by residents. WSCC Highways No objection, subject to conditions and informative. WSCC Infrastructure To be reported. TOWN COUNCIL OBSERVATIONS Recommend Approval. Infrastructure Requirements: - Mid Sussex District Council welcome specific recommendations with regard to Section 106 needs associated with this development. The recommendations of the Planning Committee are as follows: Cycle Racks - adjacent to the development 200. Notice boards - Leylands Road/Petworth Drive 1,000. Green Circle Interpretation Board - Leylands Road/Marle Place 1,500. Local Community Infrastructure - improvements to adjacent parking at Sidney West 7,

76 Introduction Full planning permission is sought for the demolition of the existing building (vacant healthcare facility) and replacement with 6 no. dwellings (4 x 3-bed houses and 2 x 4-bed houses), together with new access arrangements and 15 car parking spaces (6 within garages). Members may be aware that a previous application for the same development was withdrawn from the agenda of 12 June, due to a late objection from the Highway Authority in relation to an insufficient visibility splay to the driveway of Plot 1, due to a neighbouring wall. The application has therefore been resubmitted repositioning this access further into the site, and re-siting both the garage and the dwelling accordingly, together with the visitor car parking space. Other than that, the remainder of the application is identical. Relevant Planning History In November 1994, planning permission was granted for the change of use of the building from offices and ancillary storage to a community healthcare centre (BH/206/94). Prior to 1987, the site was in use as a school. In June 2014, a planning application for the demolition of the existing building (vacant healthcare facility) and replacement with 6 no. dwellings (4 x 3-bed houses and 2 x 4-bed houses), together with new access arrangements and 15 car parking spaces (6 within garages) was withdrawn (14/01340/FUL). Site and Surroundings This 0.21ha site refers to an imposing 2-storey detached building with additional accommodation in the roofspace, and heavily extended to the rear and side, the latter a sizeable single-storey timber structure. It is located on the northern side of Leylands Road in the built-up area of Burgess Hill, surrounded by residential development on all sides. The site was most recently in use as a community healthcare centre (use class D1), which closed in late September 2012 as the building was no longer fit for purpose, and the service moved to Beech Hurst Gardens in Haywards Heath. The building has lain vacant since then, boarded up and fenced off. There is a single point of access onto Leylands Road and hardstanding areas for car parking to both front and rear. The land slopes gently down from south to north. There are two substantial, Western Red Cedar trees in the front garden, but they are not of a significant quality. Other trees are scattered around the perimeter of the site, most notably on the western boundary. The eastern boundary of the site has a group Tree Preservation Order (BH/1/TPO/67), although there is really only 1 tree of note here, a Lawson Cypress. Application Details The application is for the demolition of the existing building and replacement with 6 no. 2- storey dwellings (4 x 3-bed houses and 2 x 4-bed houses) at a density of 29 dwellings per hectare. The existing access will be upgraded to form a cul-de-sac, together with 2 additional accesses to individual plots. A total of 15 car parking spaces will be provided (6 within garages). The application is a re-submission of 14/01340/FUL, but repositioning this access further into the site, and re-siting both the garage and the dwelling accordingly, together with the visitor car parking space. The dwelling will thus be 3.5m closer to the boundary with 154 Leylands Road. 76

77 Of the new dwellings, the 4-bed units (Plots 1 and 4) will be detached, whilst the remainder will be semi-detached (the latter will be identical buildings). One of the detached units and one of the semi-detached buildings will be sited either side of the cul-de-sac, with the end properties (Plots 1 and 6) having their own access. Both will have single garages with parking in front. At the rear of the site will be Plots 2 and 3 (semi-detached) and 4 (detached). The latter will be arranged with its gable ends front and rear. Between the frontage and rear dwellings will be sited a pair of double garages with additional car parking spaces to front and side, together with an unallocated visitor space. Each dwelling will benefit from rear gardens, with varying degrees of defensible space to the front. All the trees on the site will be retained, other than a Birch tree in the rear, north-east of the site and the 2 Western Red Cedars and Holly tree in the front, south-west part of the site. Materials will be a combination of timber cladding and brickwork with contrasting arched brick headers and cills under tiled roofs. List of Policies National Policy National Planning Policy Framework (Mar 2012) Mid Sussex Local Plan G3 (infrastructure requirements) B1 (design) B2 (residential estate developments) B3 (residential amenities) B4 (energy and water conservation) B7 (trees and development) H2 (density and dwelling mix) H3 (infill within built-up areas) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (land drainage) CS18 (recycling facilities) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Sustainable Construction Supplementary Planning Document (Jul 2006) Development and Infrastructure Supplementary Planning Document (Feb 2006) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. 77

78 Assessment (Consideration of Key Issues) The main considerations are: the principle of the development; localism, growth and economic impact; design and visual impact (including loss of trees); effect on neighbouring amenity; standard of accommodation; access, parking and highway safety; drainage; sustainability; biodiversity; and infrastructure contributions. Principle of development The National Planning Policy Framework sets out the government's policy in order to ensure that the planning system contributes to the achievement of sustainable development. Paragraph 7 sets out the three dimensions to sustainable development, such that the planning system needs to perform an economic role, a social role and an environmental role. This means ensuring sufficient land of the right type to support growth; providing a supply of housing and creating a high quality environment with accessible local services; and using natural resources prudently. 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 49 states that: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the Local Planning Authority cannot demonstrate a five-year supply of deliverable housing sites." The Council cannot currently demonstrate a five-year housing land supply for the District. In relation to the loss of the community facility, policy CS6 of the Local Plan is relevant. It states: "Proposals for the change of use or redevelopment of health, social service, library or other community facilities will only be permitted where the community use is relocating, or improved facilities are to be provided in the locality." The applicant's Planning Statement advises that the "healthcare facility closed in Autumn 2012 and the service has since moved and now operates from Beech Hurst Gardens in Haywards Heath. The relocation was because the building at Leylands Road was considered to be no longer fit for purpose. The site was subsequently marketed and only [the applicant] came forward with firm interest." Given the above, there would be no conflict with this policy. The site lies within a sustainable location, and therefore redevelopment of the site for residential purposes is acceptable in principle, subject to the detailed comments below. Localism, growth and economic impact A focus of the Government's strategy since its election in 2010 has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration. If permitted, the Local Planning Authority would receive a New Homes Bonus as a result of this development. 78

79 Design and visual impact (including loss of trees) Paragraph 56 of the National Planning Policy Framework states: The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Policy B1 of the Local Plan promotes high quality design, construction and layout in new development and policy B2 encourages good quality residential estate development. Policy H3 seeks to ensure that the character and form of new development respects that of the locality and includes a high quality environment for prospective occupiers. The street scene and surrounding roads are very mixed in dwelling types, although plot sizes are generally fairly modest, with some exceptions. Those properties along Leylands Road to the west of the site are 2-storey in height, the nearest being detached with a low roof pitch (no. 154) and those further away 2-storey Victorian terraces with taller ridge heights. Immediately opposite are 2 detached bungalows set in larger plots. To the east along Petworth Drive are 2-storey semi-detached dwellings and further along 1.5-storey chalets. Along Marle Avenue to the north are 2-storey semi-detached properties, with the infill dwelling between nos. 22 and 24 (Hillside) a detached 2-storey house. As an institutional use, Summerfold House has always been the largest building in this immediate area, set within the largest plot. While the frontage is fairly sylvan, due largely to the Cedar and Cypress trees, that to the side of 1 Petworth Drive consists of a close boarded fence and wall with a good planting screen beyond, and 154 Leylands Road with a low wall and 2m high hedge behind. Further along to the west, all but one of the properties are open to the street, with car parking spaces to the front. Given the variety of buildings and frontages within this part of Leylands Road, the proposed detached and semi-detached dwellings to the frontage and arranged either side of the new access are considered acceptable in the street scene. The eaves height of Plot 1 would be very slightly higher than that to no. 154, which itself is lower than that to 156 onwards and set further forward. There is no strong building line enclosing the street at this point and so the siting of Plots 1, 5 and 6 is deemed acceptable. Given that 1 Petworth Drive is oriented perpendicular to the site and backs onto the flank wall of Plot 6, there is no particular context to draw from in this easterly direction. 79

80 The buildings to the rear would be visible from the street but only in the gap generated by the access road and further down the slope. Although backland development is not a feature of this area, the depth of site does make this possible without any significant harm to the wider area. There would also be a clear visual link between the style of buildings to the front and rear, linked also by the garages in the middle part of the site. The main issue would essentially be the loss of the mature Cedars to the front, which form a strong visual element to the street scene. At the pre-application stage, the council's Tree officer was asked whether these trees would be worthy of preservation orders. Given their state of health (die-back in the crown in both cases), it was not deemed that either would merit a TPO. The applicant has submitted a Tree Survey, which indicates that both trees are Unclassified with a lifespan of less than 10 years. The other 2 trees to be removed are both C category trees with a lifespan of between 10 and 20 years. Given this assessment, it is considered that the loss of the trees would be acceptable, and a planting scheme is proposed, which can be conditioned as part of any planning permission. On this basis, policy B7 of the Local Plan - which seeks to retain trees as far as possible for their amenity value - is considered to be met. Effect on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected would be those at 154 Leylands Road and Hillside to the west, 24 Marle Avenue to the north, and 1,3,5,7 and 9 Petworth Drive to the east. The dwellings at 137, 139 and 141 Leylands Road to the south would be separated by the road itself, so the front-to-front relationship between the properties would not in any way be unusual in a built-up area. There would be no side windows to Plot 1, so there would be no overlooking caused to 154 Leylands Road (which has no side windows itself) or to its garden area. Separated by a distance of 2.5m-3m, the proposed development would not be overbearing to this property. Given the existing height of the trees to be removed (16-17m), it is likely that the proposal would, unusually, result in increased light levels reaching this property, particularly to the front. Plot 2 would similarly have no side windows, and as Hillside is well screened by semi-mature trees anyway (5m or so in height, albeit deciduous), the oblique distance of 10m is sufficient not to result in an overbearing form of development or one that would result in overlooking. Plots 2 and 3 would be sited some 13m from the side elevation of 24 Marle Avenue, with the upper floor of Plot 4 sited some 12m from the rear garden at its maximum. The side elevation consists of 2 upper floor windows, both obscure glazed, and a door on the ground floor, with side passageway and shed. The boundary consists of a close boarded fence with the only (mature) vegetation being in the far corner of the site. In view of this site being an urban area already surrounded by residential properties, it is not considered that this relationship between properties would be significantly harmful to the amenities of these occupiers in terms of overlooking or being overbearing. Plot 4 would also be sited some 15-16m from nos. 7 and 5 Petworth Drive respectively. Apart from at the north-eastern corner of the site, where there is a group of trees, there is very limited vegetation screen along this boundary (apart from at the far south-east corner). Plot 4 would contain 2 upper floor windows, one being a bathroom and another being a landing. It would be possible to control the outlook from both windows through a condition restricting the glazing to obscure glazing only. The double garage to Plots 4 and 5 will be immediately behind no. 3 Petworth Drive at a distance of 13m, and the flank elevation of Plot 6, with integral garage to the side, some 16m obliquely from the corner of no. 1 Petworth Drive. These relationships are all considered acceptable. 80

81 Overall, therefore, it is considered that the proposal would comply with the above policy. Standard of accommodation The council's adopted Dwelling Space Standards Supplementary Planning Document sets out space standards for all new residential dwellings, to secure a satisfactory standard of accommodation for future residents. A minimum floor area standard of 111 sq m for 4-bed houses and 93 sq m for 3-bed houses is expected to be attained, together with an additional minimum storage space, howsoever provided. The development has been designed to meet or exceed these standards: Plots 2, 3, 5 and 6 (3-bed) will contain 93 sq m of floorspace; Plot 4 (4-bed) 119 sq m; and Plot 1 (4-bed) 131 sq m, thus meeting the requirements of Local Plan policy H3 and the SPD. A 'bin collection point' is shown on the layout between Plots 1 and 5. The Preliminary Transport Statement submitted with the application states that "it is the intention for the bins to be located close to the site entrance to remove the requirement for access of the refuge [sic] vehicles to enter the site." The council's Waste Contracts Officer considered this information for the previous application (which has not changed in this regard) on the assumption that this development would include the use of a communal bin store and that the refuse freighter would have to stop on Leylands Road to service the bins. He stated that the use of communal bin stores are only suitable at properties that have a management body to go to in order to resolve issues associated with their misuse, and that every effort is made to preserve the quality of the recycling throughout the district, which communal bins make it difficult. The usual approach is that each private household will have individual bins that can be stored within the curtilage of the properties and presented for collection by residents. The applicant's agent responded that the scheme has not made provision for refuse vehicles to enter the site and turn around; rather the proposal is that on bin collection day the residents move their bins to the bin collection point, which would enable the refuse personnel to easily and swiftly access the bins and unload the rubbish into the vehicle. He further pointed out that this is no different to what the existing refuse collections undertake to the existing properties along Leylands Road. It is considered that a condition can be imposed to ensure that the applicant details the exact arrangement within each Plot and the site as a whole, to ensure that on a day-to-day basis, the refuse storage is retained by each property, and then repositioned to the communal area on collection day. This would ensure compliance with policy CS18 of the Local Plan. Access, parking and highway safety Policies T4 and T5 of the Local Plan outline the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. A Preliminary Transport Statement has been submitted with the application, which sets out that the site is located within an area well served by public transport and local services and concludes that the proposed residential scheme will attract fewer vehicular movements onto the local highway network. The junction visibility can thus be catered for in line with requirements of the Highway Authority. 81

82 The Highway Authority have considered this information and raise no objection in principle to this revised application in respect of the visibility splays needing to be provided to the three accesses, subject to conditions. The car parking provision is deemed acceptable and cycle spaces can be provided in the garages. All these matters can be secured by condition and so would comply with the above policies. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. It is considered that this matter can be dealt with through condition, which would ensure compliance with the above policy. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. A Sustainability Statement has been submitted to accompany the application, which shows that the development will have a minimum CO2 dwelling emission rate of 10% improvement over the current Building Regulations; 75% of the internal lighting will be energy efficient; provision of areas for drying lines, including rotary airers in the rear gardens; use of water efficient bathroom and kitchen fittings, such as taps and showers with restrictors, dual flush toilets and reduced capacity baths; use of building materials with a favourable rating from the Green Guide and responsibly sourced and recycled building and finishing materials; space for waste and recycling storage; and good sound insulation. These measures area considered acceptable and a condition is imposed to ensure compliance with the above policy and guidance. Biodiversity Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) lists species of animal (other than birds) which are provided special protection under the Act. Under Section 13 of the Wildlife and Countryside Act 1981 (as amended), all wild plants are protected from being uprooted without the consent of the landowner. In addition to the protection afforded by the Wildlife and Countryside Act 1981 (as amended), certain species are also covered by European legislation. These species are listed in Schedule 2 of the Conservation (Natural Habitats, 7c.) Regulations 1994 (as amended). 82

83 Paragraph 118 of the National Planning Policy Framework states: "When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles [such as]: - if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused; - opportunities to incorporate biodiversity in and around developments should be encouraged. - planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh its loss." Local Plan policy C5 requires proposals for development to minimise their impact on features of nature conservation importance. An Ecological Appraisal has been submitted as part of this application. A field survey was undertaken in August 2013, including an internal inspection of the loft space within the main building for bat roosts. Minor evidence was found within the loft space of individual bat droppings more than a year old and the hanging tiles on the main walls of the building could offer some potential for crevice-dwelling bats to use as a roost, although the trees on site would offer negligible potential for bat roosting. Further surveys were carried out the same month, with no evidence of bats emerging from the building, although the boundary vegetation was used for foraging and commuting. The Appraisal makes the following recommendations (as shown on an Ecological Enhancement Plan) to mitigate any impacts and to enhance the site: - provide bat roost boxes to diversity opportunities; - raise tiles and roof ridges within the new roofs; - provide bird boxes; - wildlife friendly planting. Subject to the imposition of a condition securing these recommendations, the above guidance and policies would be met. Infrastructure contributions The National Planning Policy Framework sets out the government's policy on planning obligations in paragraphs 203 and 204. Respectively, these paragraphs state: "Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." and: "Planning obligations should only be sought where they meet all of the following tests: - necessary to make the development acceptable in planning terms; - directly related to the development; and - fairly and reasonably related in scale and kind to the development." 83

84 Policy G3 of the Local Plan requires applicants to provide for the costs of additional infrastructure required to service their developments and mitigate their impact. These are usually secured through the signing of a legal agreement. All requests for infrastructure payments must meet the 3 tests of the Community Infrastructure Levy (CIL) Regulations 2010, which are as set out above. COUNTY COUNCIL CONTRIBUTIONS: Education - Primary 18,670 Education - Secondary 20,094 Education - Sixth Form 4,707 Libraries 1,674 Waste N/A Fire and Rescue N/A Fire Hydrants N/A TAD 3,100 TOTAL 48,245 DISTRICT COUNCIL CONTRIBUTIONS: Equipped play 5,872 Kickabout facilities 1,664 Formal sport 7,072 (in Burgess Hill) Public art N/A Community Buildings 3,072 (in Burgess Hill) Local Community Infrastructure (for cycle racks adjacent to the development, notice boards on Leylands Road/Petworth Drive, Green Circle Interpretation Board on Leylands Road/Marle Place, and improvements to adjacent parking at Sidney West) 4,000 TOTAL 21,680 The applicant is progressing a Section 106 Legal Agreement and, if satisfactorily completed, would meet the above policies and guidance. Conclusions It is considered that the loss of the former healthcare facility and replacement with residential use is acceptable. The detail of the application is also deemed acceptable. Matters such as cycle parking, refuse storage facilities, drainage, sustainability, design details, biodiversity and construction can be dealt with by condition. For the reasons stated above, it is considered that the proposed development would comply with the National Planning Policy Framework and policies B1, B3, B4, B7, H2, H3, T4, T5, T6, CS13 and CS18 of the Mid Sussex Local Plan and so should be approved. 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

85 2. Pre-commencement conditions No development shall be carried out unless and until a schedule and/or samples of materials and finishes to be used for external walls and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority, and the works shall be implemented in accordance with the approved details. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve buildings of visual quality and to accord with Policy B1 of the Mid Sussex Local Plan. 3. No development shall commence until details of proposed boundary screen walls/fences/hedges have been submitted to and approved in writing by the Local Planning Authority and no dwelling hereby permitted shall be occupied until such boundary screen walls/fences/hedges associated with them have been erected or planted. The boundary treatments approved shall remain in place in perpetuity or unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to protect the appearance of the area and protect the amenities of adjacent residents and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 4. No development shall commence unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved. 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. 5. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which, within a period of 5 years from the completion of the 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. 6. No development shall commence until details of the proposed surface water drainage and means of disposal have been submitted to and approved by the Local Planning Authority and the dwelling hereby permitted shall not be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 85

86 7. No development shall commence until details of existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with policies B1 and B3 of the Mid Sussex Local Plan. 8. The planning permission shall not be implemented until the building(s) shown as being demolished on the approved drawings have been demolished and the debris removed from or reused on the site. Reason: To prevent the overdevelopment of the site and in the interests of the visual amenity of the locality and to accord with policy B1 of the Mid Sussex Local Plan. 9. Construction phase 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 10. No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved by the Local Planning Authority provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted. Reason: In the interests of road safety and to accord with policy T4 of the Mid Sussex Local Plan. 11. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicant's control) in accordance with details approved by the Local Planning Authority, for all temporary contractors' buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with policy T4 of the Mid Sussex Local Plan. 12. No work shall be carried out on the site unless and until an effective vehicle wheelcleaning facility has been installed in accordance with details approved by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site. Reason: 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 and to accord with policy T4 of the Mid Sussex Local Plan. 86

87 13. Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to and approved by the Local Planning Authority. The scheme as approved shall be operated at all times during the construction phases of the development. Reason: To safeguard the amenities of surrounding residents and to accord with policy B3 of the Mid Sussex Local Plan. 14. Pre-occupation conditions No part of the development shall be first occupied until the vehicular accesses serving the development has been constructed in accordance with the approved planning drawing. Reason: In the interests of road safety and to comply with policy T4 of the Mid Sussex Local Plan. 15. No part of the development shall be first occupied until visibility splays of 2.4 metres by 43 metres to the west and 2.4 by 35 metres have been provided to the east onto Leylands Road in accordance with the approved planning drawings. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metre above adjoining carriageway level or as otherwise agreed. Reason: In the interests of road safety and to comply with policy T4 of the Mid Sussex Local Plan. 16. No part of the development shall be first occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose. Reason: To provide car-parking space and to comply with policies T4 and T5 of the Mid Sussex Local Plan. 17. The dwellings hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided in accordance with a detailed construction plan to be submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 18. The dwellings hereby permitted shall not be occupied until details of the individual and communal refuse/recycling storage facilities have been submitted to and approved in writing by the Local Planning Authority and the facilities shall be implemented in accordance with the approved details and thereafter retained. Reason: In the interests of the amenities of the area, to comply with policies B1, B3 and H3 of the Mid Sussex Local Plan. 19. Post-occupation monitoring/management conditions The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. 87

88 Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 20. The development hereby permitted shall be implemented in accordance with the mitigation measures identified in the submitted Ecological Appraisal prepared by ACD Ecology dated September Reason: To safeguard the ecology of the area and to comply with the NPPF and policy C5 of the Mid Sussex Local Plan. 21. The first floor landing and bathroom windows on the side (east) elevation of Plot 4 hereby permitted shall at all times be glazed with obscured glass and fixed to be non-openable, unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the amenities and privacy of the adjoining properties and to accord with policy B3 of the Mid Sussex Local Plan. INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a predevelopment condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 2. 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 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: - 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 The applicant is advised to contact the Local 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. 5. In accordance with Article 31 of the 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. 88

89 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 Planning Layout VISIBILITY C SPLAYS Location and Block Plan /SL.6 D Street Scene /SS/6 B Landscaping MJH B Proposed Floor and Elevations /AB/DG. B Plan 1/EP Proposed Floor and Elevations /AB/SG. B Plan 1/EP. Proposed Floor and Elevations /AB/SG. B Plan 2 Proposed Floor and Elevations /HT/100 A Plan 1/EP Proposed Floor and Elevations /HT/128 B Plan 4/EP Proposed Floor and Elevations Plan /HT/141 2/EP C APPENDIX B CONSULTATIONS MSDC Environmental Protection (previous comments) 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 by the local planning authority. The scheme as approved shall be operated at all times during the construction phases of the development. Reason: to protect the amenity of local residents from dust emissions. 89

90 - No burning of 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 Leisure Thank you for the opportunity to comment on the plans for the development of 6 residential dwellings at Summerfold House, Burgess Hill on behalf of the Head of Leisure and Sustainability. The following leisure contributions are required to enhance capacity and provision due to increased demand for facilities in accordance with the Local Plan policy and SPD which require contributions for developments of over 5 units. CHILDRENS PLAYING SPACE Marle Place, owned and managed by the Council, is the nearest local area for play approximately 250m from the development site. This facility will face increased demand from the new development and a contribution of 7,536 is required to make improvements to play equipment ( 5,872) and kickabout provision ( 1,664). These facilities are within the distance thresholds for children's play outlined in the Development and Infrastructure SPD FORMAL SPORT In the case of this development, a financial contribution of 7,072 is required toward formal sport facilities in Burgess Hill PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. COMMUNITY BUILDINGS The provision of community facilities is an essential part of the infrastructure required to service new developments to ensure that sustainable communities are created. In the case of this development, a financial contribution of 3,072 is required to make improvements to community buildings in Burgess Hill. In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the number of units proposed and average occupancy (as laid out in the Council's Development and Infrastructure SPD) and therefore is commensurate in scale to the development. The Council maintains that the contributions sought as set out are in full accordance with the requirements set out in Circular 05/2005 and in Regulation 122 of the Community Infrastructure Levy Regulations MSDC Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " 90

91 MSDC Waste Contracts Officer (previous comments) I have had a look at the plans and read the Preliminary Transport Statement for this proposed development of 6 individual residential properties. In section of the transport statement it states that the intention is for the bins to be stored close to the entrance of the site to remove the need for a refuse vehicle to enter the site. I am assuming that this would include the use of a communal bin store and the refuse freighter would have to stop on Leylands Road to service the bins. The main issue the Waste department have with this arrangement is the use of a communal bin store in a development of private households that I assume will not have a housing association/managing agent. Communal bin stores are only suitable at properties that have a management body to go to in order to resolve issues with miss-use of bins or fly-tipping for example. We have to make every effort to preserve the quality of the recycling throughout the district and communal bins make this very difficult. Therefore we would recommend that the 6 properties have individual bins that can be stored within the curtilage of the properties and presented for collection by residents. I am not overly familiar with the location or the amount of traffic on Leylands Road? However, I would suggest that it would be more suitable for the refuse freighter to be able to drive into the site and turn around to service the bins from individual kerb side collections points (or a designated bin collection area if applicable), rather than the freighter stopping on the road to service all the bins. If this is not possible the freighter would be able to reverse in as it would be a straight line and not an unacceptable distance. Cllr Moore who has extensive knowledge of the area has suggested to David Harper that the bend on the road when heading eastwards in this area can be dangerous so I am assuming that a stationary vehicle may pose a danger to other road users. It would also be essential for the road surface to be able to take the weight of a 26 tonne refuse freighter if it were to reverse in to service the bins. I trust that these comments can be taken into consideration. WSCC Highways I refer to your consultation in respect of the above planning application and would provide the following comments. WSCC previously raised concerns to this proposal in May of this year under application BH/14/01340; there have been discussions with the applicants Transport Consultant regarding visibility splays. The S106 Contributions will be as before for this re-submitted application. The application is supported by way of a Transport Statement (TS) and Trip generation data. The site is situated to west of Burgess Hill. The site is to be accessed via Leylands Road, which is subject to a 30 mph speed limit. It is proposed that the site access is on to Leylands Road via a new crossover. The access road will take the form of a 4.7 metre wide shared surface arrangement. This is considered suitable as this will be a low speed, low traffic environment. 91

92 As the site accesses onto a residential road with a speed restriction of 30mph, it would be appropriate for the development to be considered alongside Manual for Streets (MfS) guidance. The proposed visibility splays, taken from a setback of 2.4m, are acceptable. Following discussions with pre-applications WSCC based on the previous use of the site which had greater vehicle movements, it has been agreed that to the east a 43 metre splay can be achieved and to the west a 35.6 metre splay can be achieved. MfS does provide some allowance for occasional on-street parking within the visibility splay and it would appear that in this area, where most properties have some sort of off-street parking facility, that there is not an extensive demand for on-street parking particularly during peak movement time. The TS provided in support of this application does estimate potential vehicular trip generation arising from this proposal. The trip rate generated still provides a useful indication likely trip generation from the new dwellings. It is recognised that this sites previous use have would give rise to a more intensive use of the access. Therefore the proposal for 6 dwellings is not anticipated to result in any highway capacity concerns. A total of 15 car parking spaces will be provided on site. This provision has been considered against the WSCC Parking Demand Calculator. The proposed provision does not exceed the requirement generated by way of the PDC. The TS does consider access to services by other non-car modes. Burgess Hill train station and town centre is within reasonable walking and cycling distance. There are continuous footways for pedestrians and whilst cyclists would have to use the carriageway, traffic conditions are not considered such to dissuade trips by this mode. Residents would have a realistic means to travel other than by the private car. Refuse collection will take place from Leylands Road, from a communal bin area. The waste collection authority should be consulted to obtain their views on the suitability of this arrangement. No objection would be raised to this application from the highway point of view subject to the following conditions: Access No development shall commence until the vehicular access serving the proposed use has been constructed in accordance with the approved planning drawing. Reason: In the interests of road safety. Car parking space No part of the development shall be first occupied until the car parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose. Reason: To provide car-parking space for the use Cycle parking No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved by the Local Planning Authority. Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies. 92

93 Visibility No part of the development shall be first occupied until visibility splays of 2.4 metres by 43 metres to the west and 2.4 by 35 metres have been provided to the east onto Leylands Road in accordance with the approved planning drawings. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metre above adjoining carriageway level or as otherwise agreed. Reason: In the interests of road safety. INFORMATIVE The applicant is advised to contact the Community Highways Officer ( ) to obtain formal approval from the highway authority to carry out the site access works on the public highway. WSCC Infrastructure To be reported. Southern Water Thank you for your letter of 09/07/2014. Southern Water requires a formal application for a connection to the foul and surface water sewer to be made by the applicant or developer. We request that should this application receive planning approval, the following informative is attached to the consent: "A formal application for connection to the public sewerage system is required in order to service this development. Please contact Southern Water, Southern House, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: ) or Furthermore, due to changes in legislation that came in to force on 1st October 2011 regarding the future ownership of sewers it is possible that a sewer now deemed to be public could be crossing the above property. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any further works commence on site. The applicant is advised to discuss the matter further with Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or 93

94 East Grinstead 5. Copyright and database rights 2012 Ordnance Survey NORTH END LONDON ROAD EAST GRINSTEAD WEST SUSSEX RH19 1QJ DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF TWO BUILDINGS COMPRISING SEVEN FLATS WITH ASSOCIATED LANDSCAPING AND PARKING. MR IAN BALDRY GRID REF: EAST NORTH POLICY: Ancient Woodland / Ancient Woodland / Ancient Woodland / Ashdown Forest SPA/SAC / Areas of Townscape Character / Built Up Areas / Classified Roads - 20m buffer / Aerodrome Safeguarding (CAA) / Aerodrome Safeguarding (CAA) / In Built up Area / Area of Townscape Character / ODPM CODE: Minor Dwellings 8 WEEK DATE: 12th September

95 CASE OFFICER: Mr Andrew Watt 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 Full planning permission is sought for the demolition of the existing buildings on the site and replacement with two buildings comprising a total of 7 no. flats (2 x studios, 3 x 1-bed and 2 x 2-bed), together with 7 car parking spaces, bicycle and refuse storage. Given the visual blight of the existing buildings and that the site has not been in any productive use for over 25 years, it is considered that the loss of the former community use and replacement with residential is acceptable in principle. The detail of the application is deemed acceptable in terms of its overall design and lack of significantly harmful impact to the occupiers of neighbouring properties. Other matters such as boundary treatments, drainage, sustainability, construction and parking can be controlled by condition. Mitigation of the impact on the Ashdown Forest and on local services is secured through a legal agreement. Overall, it is considered that the proposal constitutes sustainable development as required under the NPPF and would also meet policies G1, G2, G3, C5, B1, B3, B4, B16, H2, H3, T4, T5, T6, CS13, CS18 and EG3 of the Mid Sussex Local Plan and can be supported. RECOMMENDATION Recommendation A It is recommended that, subject to the completion of a satisfactory S106 planning obligation to secure the required level of infrastructure contributions and interim SAMM Strategy contribution, planning permission be granted subject to the conditions set out in Appendix A. Recommendation B If by 12 September 2014, the applicants have not submitted a satisfactory signed planning obligation securing the necessary financial contributions, then it is recommended that planning permission be refused at the discretion of the Head of Economic Promotion and Planning for the following reasons: "The application fails to comply with paragraphs 203 and 204 of the National Planning Policy Framework and policy G3 of the Mid Sussex Local Plan in respect of the infrastructure required to serve the development." and "The proposal does not adequately mitigate the potential impact on the Ashdown Forest SPA and SAC and therefore would be contrary to the Conservation of Habitats and Species Regulations 2010, Policy C5 of the Mid Sussex Local Plan and paragraph 118 of the NPPF." 95

96 SUMMARY OF REPRESENTATIONS None received. SUMMARY OF CONSULTATIONS MSDC Contaminated Land Officer I have no specific comments on this application. MSDC Environmental Protection No objection, subject to conditions. MSDC Leisure and Wellbeing Proposal will attract a contribution towards local leisure infrastructure totalling 9,617. MSDC Street Naming and Numbering Officer Informative requested. MSDC Urban Designer To be reported. WSCC Highways No objection. WSCC Infrastructure To be reported. Environment Agency To be reported. Gatwick Airport Ltd No objection. Southern Water No objection, subject to condition and informative. Sussex Police To be reported. TOWN / PARISH COUNCIL OBSERVATIONS Would support approval. Informative: the committee would like the access rights to the rear of World of Fishes to be clarified. Pedestrian access to the rear access of the shop should be preserved. Clarification is also needed as to the present and future vehicle access rights to the proposed dwellings across the Imberhorne Lane MSDC owned car park. INTRODUCTION Full planning permission is sought for the demolition of the existing buildings on the site and replacement with two buildings comprising a total of 7 no. flats (2 x studios, 3 x 1-bed and 2 x 2-bed), together with 7 car parking spaces, bicycle and refuse storage. 96

97 RELEVANT PLANNING HISTORY In April 2007 planning permission was refused under reference 06/02019/OUT for the demolition of the existing house and the construction of a block of 6 one bedroom flats and block of 2 one bedroom flats to the rear of the property (8 in total). Whilst the principle of redevelopment was supported it was considered that the proposal would result in an overdevelopment of the site due to the building having a bulky roof space out of character with the locality and street scene. In addition, no legal agreement was entered into and so the proposal was considered unacceptable due to the lack of infrastructure payments. Following this refusal, a revised scheme was submitted under reference 07/02522/OUT for the conversion of the existing house into four one bedroom flats and one two bedroom flats, as well as the development of two one bedroom flats to the rear of the property. This was however withdrawn due to land ownership issues to the rear of the site. SITE AND SURROUNDINGS The site is currently a 2-storey building plus basement which fronts the full width onto London Road, with single-storey extensions (both flat and pitched roofed, the latter understood to have once been a byre) and a tall 2-storey former tithe barn to the rear, occupying almost all of the site. The buildings were previously used as a social club (accommodation to the front and club facilities to the rear) and have been empty since the club was destroyed by fire in The site also includes a car parking area at the bottom of 31 London Road, with direct access onto the Mid Sussex District Council car park accessed off Imberhorne Lane. Part of this area includes a prefabricated single garage, but no vehicular access is currently possible. The site lies within the built up area of East Grinstead within an Area of Townscape Character and is located within 7km of the Ashdown Forest buffer zone. Surrounding properties are in residential use, except for the adjoining property to the south-east, which is the World of Aquatics and Fishes retail shop. APPLICATION DETAILS Full planning permission is sought for the demolition of the existing buildings on the site and replacement with two buildings comprising a total of 7 no. flats (2 x studios, 3 x 1-bed and 2 x 2-bed), together with 7 car parking spaces, bicycle and refuse storage. Building A to the front will contain a studio flat to the front and 1-bed flat to the rear on the ground floor, with 2-bed flats on the first and second floors. A pedestrian undercroft will be formed providing access to the front, with a separate footpath leading to a bin storage area, with the two paths separated by a landscaped area. Building B to the rear will be accessed directly off the Imberhorne Lane car park via a vehicular undercroft, with access to a 1-bed flat on the ground floor within the undercroft and a 1-bed flat and studio flat on the first floor accessed to the side/rear of the building (closer to Building A). Between the two buildings will be a paved area for car parking for 7 cars and bike storage. An area in front of the rear building will be another refuse storage area. Private external amenity space will be provided to the ground floor 1-bed flats to both buildings. A flat roof space to the 2-bed first floor flat on Building A will not, however, form a roof terrace. 97

98 LIST OF POLICIES National Policy National Planning Policy Framework (Mar 2012) Planning Practice Guidance (Mar 2014) Mid Sussex Local Plan G1 (sustainable development) G2 (sustainable development) G3 (infrastructure requirements) C5 (nature conservation) B1 (design) B3 (residential amenities) B4 (energy and water conservation) B16 (Area of Townscape Character) H2 (density and dwelling mix) H3 (infill within built-up areas) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS6 (retention of community facilities) CS13 (land drainage) CS18 (recycling facilities) EG3 (Area of Townscape Character) Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) Dormer Window and Rooflight Design Guidance Supplementary Planning Guidance (Nov 2008) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. ASSESSMENT (CONSIDERATION OF KEY ISSUES) The main considerations are: the principle of development; economic impact; design and visual impact; standard of accommodation; effect on neighbouring amenity; access, parking and highway safety; sustainability; drainage; and infrastructure contribution (including impact on the Ashdown Forest SPA). Principle of development Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. The Development Plan is the Mid Sussex Local Plan (May 2004) and the Small Scale Housing Allocations Development Plan Document (Apr 2008). 98

99 The National Planning Policy Framework (NPPF) (Mar 2012), is a material consideration which attracts significant weight in decision-making. In the event of conflicts between policies in these plans or with Government policy, it is the most recent policy which takes precedence. Paragraph 49 of the states: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites." Mid Sussex District Council are unable to demonstrate a 5 year supply of deliverable housing sites. In these circumstances, paragraph 14 of the NPPF applies, which states in part: "At the heart of the National Planning Policy Framework 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: - approving development proposals that accord with the development plan without delay; and - where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted." Thus the application should be considered in the context of the presumption in favour of sustainable development set out in the totality of the NPPF and paragraph 197 in particular. In considering whether the development of this site would be deemed 'sustainable', the NPPF sets out three dimensions that planning performs in paragraph 7: the economic role, the social role and the environmental role. It is considered that the development of this site would contribute toward the economic and social roles of sustainable development in terms of helping to build a 'strong, responsive and competitive economy' and helping to meet community housing needs. The site is sustainably located in terms of proximity to local services, which further weighs in the application's favour. In terms of environmental sustainability, this is argued below. Paragraph 17 of the NPPF sets out a set of core land-use planning principles that should underpin decision-taking, including that planning should (among others): "always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings" and "encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value." Policy H3 of the Local Plan states that "Within defined built-up areas permission will be given to proposals for residential development where the following criteria are met: (a) the development does not involve the significant loss of an area of nature conservation or an open or wooded area of land which in its own right makes an important contribution to the urban environment and cannot be satisfactorily replaced or compensated for; 99

100 (b) (c) (d) (e) (f) (g) the land or building is not within an established business area and is not allocated for any other use in this Local Plan; efficient use is made of the land in terms of density and as general guidance residential development should be provided at average net densities of at least 30 dwellings per hectare; the character and form, respects that of the locality (a detailed site and landscape appraisal together with a design statement will be required); includes a high quality environment for prospective occupiers including appropriate landscaping and open space; the provision for car parking and vehicle manoeuvring does not significantly reduce garden areas, including front gardens, or adversely affect adjoining property; and the requirements of design policies B1 and B2." Local Plan policy CS6 states: "Proposals for the change of use or redevelopment of health, social service, library or other community facilities will only be permitted where the community use is relocating, or improved facilities are to be provided in the locality." The agent's Planning Statement advises that the club was destroyed by fire in 1987 and the site has been vacant ever since: "The existing buildings, which cover almost all of the site area, are in a very poor state of repair, resulting from the damage caused at the time of the fire and the subsequent neglect of the site." Given the visual blight that the buildings undoubtedly have both to the front of the site on London Road and from various viewpoints to the side and rear on Imberhorne Lane and from the public car park, together with the site not being in any productive use, it is considered that policy CS6 would clearly be unable to be complied with, as the club facilities have not been used since However, as the thrust of the NPPF is for Local Planning Authorities to apply the presumption in favour of sustainable development, it is considered that residential is an acceptable use on this site, and therefore outweighs the loss of the community facilities. Thus the environmental limb of sustainable development would be met, and overall, the above policies and guidance would be met by this proposal. Localism, growth and economic impact A focus of the Government's strategy since its election in 2010 has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration. If permitted, the Local Planning Authority would receive a New Homes Bonus as a result of this development. The proposal would also result in economic benefits in terms of the direct boost to the local economy during the construction phase and subsequent benefits from additional dwellings in the locality (for example, residents spending in the local economy). These are all factors that weigh in favour of the development. 100

101 Design and visual impact on the character of the area Paragraph 56 of the National Planning Policy Framework states: "The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people." Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Paragraph 61 states: "Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment." Policy B1 of the Local Plan promotes high quality design, construction and layout in new buildings. Formal comments from the council's Urban Designer and Sussex Police are awaited, but it is considered that the design of the frontage building on London Road is acceptable in context with its neighbours, both semi-detached Victorian properties, but with differing eaves and ridge heights. The scale and detailing of each floor ensures consistency with the buildings either side. The ordering of the fenestration is successfully applied and the undercroft ensures good permeability through the site. The rear elevation is also deemed acceptable, given a range of extensions and wings to the rear of properties when viewed from the south. The scale and design of the proposed rear building is also considered acceptable, particularly as it will be of a lower height than the existing 2-storey former tithe barn building that is to be demolished as part of this proposal, albeit set further back from the frontage buildings. Overall, therefore, it is considered that the proposal would not have an adverse impact on the character and appearance of the Area of Townscape Character, particularly as the existing building in its present state makes a negative, rather than positive, contribution in this regard. Thus the above policies and guidance would be met. 101

102 Dwelling mix Policy H2 of the Local Plan seeks to ensure that new housing developments include a mix of dwelling types, sizes and affordability and that efficient use is made of land. It is considered that the proposed schedule of accommodation provides a good mix of units overall so would comply with policy H2. Standard of accommodation The council's adopted Dwelling Space Standards Supplementary Planning Document sets out space standards for all new residential dwellings, to secure a satisfactory standard of accommodation for future residents. A minimum floor area standard of 32.5 sq m for studios, 51 sq m for 1-bed flats and 66 sq m for 2-bed flats is expected to be attained, together with an additional minimum storage space, howsoever provided. The detailed schedule of proposed accommodation is set out as follows: Bldg A, GF 01 (studio) - 34 sq m Bldg A, GF 02 (1-bed) - 52 sq m Bldg A, FF (2-bed) - 67 sq m Bldg A, SF (2-bed) - 67 sq m Bldg B, GF (1-bed) - 51 sq m Bldg B, FF 01 (1-bed) - 53 sq m Bldg B, FF 02 (studio) - 37 sq m The document goes on to say that the Local Planning Authority will normally require the provision of useable private amenity space (excluding parking and turning areas) in new residential development. The Council also requires that waste and recycling storage provision is made, and that adequate drying space is provided. The proposed scheme has been designed to exceed these standards. Sufficient spacing is provided around all the proposed dwellings, to form private garden areas as well as defensible space to the front. Dedicated space for refuse/recycling storage will be provided and collected on-site, so would also meet policy CS18 of the Local Plan. Effect on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected by the proposal would be 29, 30, 31 (World of Aquatics and Fishes), 34 and 35 North End, London Road. Nos. 31 and 34 directly adjoin the site. No. 31 is in commercial use and consists of single-storey and 2-storey buildings occupying the entire site. On this basis, the buildings would not have any adverse impact on the occupiers of this building. No. 34 is a 2-storey semi-detached property in residential use, with no rear extensions. The boundary to this property is largely taken up with the existing single storey building to the rear of the original frontage building on London Road, with the only open part of the site being closest to the house. This property is also set slightly further back than the North End Club building. The design of the proposed rear extension has therefore taken this relationship into consideration, such that the single storey depth of 5.5m is set back between 1.2m and 1.6m from the boundary and the 3-storey depth is 1.6m from the rear wall of no. 34 at a distance of 2m away. Together, it is not considered that this relationship will be oppressive to warrant a refusal of planning permission based on the above policy. No. 29 has a large rear garden that adjoins the eastern boundary where Building B is to be located. 102

103 Currently this space (within the application site) is an area of hardstanding and prefabricated garage, not used as any garden area. Although the proposed building will be 2-storeys in height and virtually on this boundary, the garden area to no. 29 is around 58m in length from the original rear wing of the property. The flank wall of the proposed building is 6.5m in depth and would be sited a minimum of 8.6m corner to corner from the nearest point of the large rear extension to this property and some 21m from the original rear wing. It is therefore not considered that this relationship would be oppressive to the occupiers of this property. Although overlooking would be possible to the rear garden, relationships between properties in built up areas are such that privacy within rear gardens are usually not possible. On this basis, it is considered that the above policy would be met, subject to conditions being applied to mitigate construction noise and disturbance. Access, parking and impact on highway safety Policy T4 of the Local Plan states that proposals for new development should not cause an unacceptable impact on the local environment in terms of road safety and increased traffic. Policy T5 outlines the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. The Highway Authority has considered this information and raises no objection in principle. The car parking provision is deemed acceptable and cycle spaces can be provided within the site. These matters can be secured by condition and so would comply with the above policies. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. It is considered that this matter can be suitably dealt with by condition, which would ensure compliance with the above policy. Ashdown Forest SPA The site is located 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. 103

104 The Local Planning Authority 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. 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 and on this basis the impact on the Forest is deemed to be successfully mitigated. The sum of money is as follows: 11,312 (based on 2 x studio flats, 3 x 1-bed flats and 2 x 2-bed flats). Therefore it is not considered that there are any likely significant effects on the Forest, alone or in combination with other proposed developments, and the determination of this application can proceed. The contribution will be secured via a Planning Obligation. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. A Sustainability Statement has been submitted to accompany the application, which specifies that the proposal will achieve Code Level 3 of the Code for Sustainable Homes by the following methods: - enhanced building fabric, reducing air permeability and including mechanical ventilation heat recovery systems - energy efficient light fittings - high efficiency regular condensing boilers - solar PV array on the south facing roof slopes 104

105 - water efficient baths and showers and wash hand basins and taps - responsibly sourced materials for building elements and finished elements - dedicated refuse and recycling areas to be provided. These measures area considered acceptable and a condition is imposed to ensure compliance with the above policy and guidance. Infrastructure contributions The National Planning Policy Framework sets out the government's policy on planning obligations in paragraphs 203 and 204. Respectively, these paragraphs state: "Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." and: "Planning obligations should only be sought where they meet all of the following tests: - necessary to make the development acceptable in planning terms; - directly related to the development; and - fairly and reasonably related in scale and kind to the development." Policy G3 of the Local Plan requires applicants to provide for the costs of additional infrastructure required to service their developments and mitigate their impact, which is set out in detail in the council's Development and Infrastructure SPD. These costs are usually secured through the signing of a legal agreement. All requests for infrastructure payments must meet the 3 tests of paragraph 122 of the Community Infrastructure Levy (CIL) Regulations 2010, which are as set out above. The applicant is progressing a Unilateral Undertaking/Section 106 Legal Agreement to secure the following contributions. Provided that this Undertaking is completed within the council's target date to determine this application (12 September), then these policies would be met. COUNTY COUNCIL CONTRIBUTIONS: To be reported. DISTRICT COUNCIL CONTRIBUTIONS: Equipped play 1,615 Kickabout facilities 458 Formal sport 5,260 (in East Grinstead) Public art N/A Community Buildings 2,285 (in East GrinsteadBurgess Hill) Local Community Infrastructure (to be advised in due course by EGTC on projects to be spent towards) 2,975 TOTAL 12,

106 CONCLUSIONS Given the visual blight of the existing buildings and that the site has not been in any productive use for over 25 years, it is considered that the loss of the former community use and replacement with residential is acceptable in principle. The detail of the application is deemed acceptable in terms of its overall design and lack of significantly harmful impact to the occupiers of neighbouring properties. Other matters such as boundary treatments, drainage, sustainability, construction and parking can be controlled by condition. Mitigation of the impact on the Ashdown Forest and on local services is secured through a legal agreement. Overall, it is considered that the proposal constitutes sustainable development as required under the NPPF and would also meet policies G1, G2, G3, C5, B1, B3, B4, B16, H2, H3, T4, T5, T6, CS13, CS18 and EG3 of the Mid Sussex Local Plan and can be supported. 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 Pre-commencement conditions No development shall commence until a schedule and/or samples of materials and finishes to be used for the external walls, windows, doors and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality and to accord with policy B1 of the Mid Sussex Local Plan. 3. No development shall commence until details of proposed boundary screen walls/fences/hedges have been submitted to and approved in writing by the Local Planning Authority and the dwelling(s) hereby permitted shall not be occupied until such boundary screen walls/fences/hedges associated with them have been erected or planted. The boundary treatments approved shall remain in place in perpetuity or unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to protect the appearance of the area and protect the amenities of adjacent residents and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 4. No development shall commence until details of the proposed surface water drainage and means of disposal have been submitted to and approved in writing by the Local Planning Authority and the dwelling(s) hereby permitted shall not be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 106

107 5. No development shall commence until details of existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with policies B1 and B3 of the Mid Sussex Local Plan. 6. No work shall be carried out on the site unless and until an effective vehicle wheel cleaning facility has been installed in accordance with details approved in writing by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site. Reason: 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 and to accord with policy T4 of the Mid Sussex Local Plan. 7. No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved in writing by the Local Planning Authority provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted. Reason: In the interests of road safety and to accord with policy T4 of the Mid Sussex Local Plan. 8. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicant's control) in accordance with details approved in writing by the Local Planning Authority, for all temporary contractors' buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with policy T4 of the Mid Sussex Local Plan. 9. 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 construction phases of the development. Reason: To safeguard the amenities of surrounding residents and to accord with policy B3 of the Mid Sussex Local Plan. 10. Construction phase 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 107

108 11. Pre-occupation conditions No part of the development shall be first occupied until the vehicle parking and turning spaces have been constructed in accordance with the approved plan. These spaces shall thereafter be retained for their designated use. Reason: To provide adequate on-site car parking and turning space for the development and to accord with policy T5 of the Mid Sussex Local Plan. 12. The dwelling hereby permitted shall not be occupied until X secure and covered cycle parking spaces have been provided in accordance with a detailed construction plan / details to be submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 13. The refuse/recycling storage areas shall be implemented in accordance with the approved plans and made available for use prior to the first occupation of the dwellings at all times thereafter. Reason: To safeguard the appearance of the building and the amenities of the area, to comply with policies B1, B3 and H3 of the Mid Sussex Local Plan. 14. Post-occupation monitoring/management conditions The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application and shall meet Code Level 3 of the Code for Sustainable Homes. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 15. No balcony or roof terrace shall be formed on any part of the site unless with the written consent of the Local Planning Authority, to whom a planning application must be made. Reason: To protect the privacy of neighbouring occupiers and to comply with policy B3 of the Mid Sussex Local Plan. INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a predevelopment condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 108

109 2. 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 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: - 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 A formal application for connection to the public sewerage system is required in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or 5. In accordance with Article 31 of the 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 identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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 1000 A Proposed Floor Plans 5001 F Proposed Floor Plans 5002 C Proposed Floor Plans 5003 E Proposed Roof Plan 5004 E Proposed Floor Plans 5006 D Proposed Floor Plans 5007 D Proposed Floor Plans 5008 D Proposed Floor Plans 5009 G Proposed Floor Plans 5010 E Proposed Roof Plan 5012 E Proposed Roof Plan 5013 D Proposed Sections 5015 D Proposed Sections 5016 F Proposed Elevations 5017 E Proposed Elevations 5018 D Proposed Elevations 5019 E Proposed Elevations 5020 D

110 Landscaping Details 5025 F Parking Layout 5030 B Block Plan 2001 A Existing Floor and Elevations Plan 1003 A APPENDIX B CONSULTATIONS MSDC Contaminated Land Officer I have no specific comments on this application. MSDC Environmental Protection 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. - 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. - Site boundary fencing: The site boundary facing residential dwellings shall be fenced with solid boarding at least 6' high to protect the neighbouring residents from noise generating construction activities on site. The scheme shall have regard to the principles contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings. Reason: To protect neighbouring residents from noise. MSDC Leisure and Wellbeing Thank you for the opportunity to comment on the plans for the development of 7 residential dwellings at North End Club, North End, London Road, East Grinstead on behalf of the Head of Leisure and Sustainability. 110

111 The following leisure contributions are required to enhance capacity and provision due to increased demand for facilities in accordance with the Local Plan policy and SPD which require contributions for developments of over 5 units. CHILDRENS PLAYING SPACE Imberhorne Lane Recreation Ground, owned and managed by the Council, is the nearest locally equipped play area approximately 350m from the development site. This facility will face increased demand from the new development and a contribution of 2,072 is required to make improvements to play equipment ( 1,615) and kickabout provision ( 458). These facilities are within the distance thresholds for children's play outlined in the Development and Infrastructure SPD FORMAL SPORT In the case of this development, a financial contribution of 5,260 is required toward formal sport facilities in East Grinstead. PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. COMMUNITY BUILDINGS The provision of community facilities is an essential part of the infrastructure required to service new developments to ensure that sustainable communities are created. In the case of this development, a financial contribution of 2,285 is required to make improvements to community buildings in East Grinstead. In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the number of units proposed and average occupancy (as laid out in the Council's Development and Infrastructure SPD) and therefore is commensurate in scale to the development. The Council maintains that the contributions sought as set out are in full accordance with the requirements set out in Circular 05/2005 and in Regulation 122 of the Community Infrastructure Levy Regulations MSDC Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " MSDC Urban Designer To be reported. WSCC Highways The site is in a sustainable location with good access to shops and services and is accessible by public transport. 111

112 There is an existing access to the rear of the site via the public car park on Imberhorne Lane. Having taken electronic measurements from the Drawing on page 15 of the Design and Access Statement (D&A) the access from the car park appears to be 4.75m wide which will allow for 2 cars to pass. Although not part of the public highway and therefore as advice only consideration should be given to how the access joins the car-park, and how vehicles leaving and entering the site will affect the flow of the car park. In addition, if the car-park is to be redeveloped in the future, access to the site by vehicle may not be possible and the parking provision would be lost. Car parking and cycle parking is proposed at 1 space per dwelling which is acceptable to the Highway Authority in this location. It is stated in the D&A statement that there are 2 recycling and refuse stores, one serving each building to be accessed from Imberhorne Lane Car Park and London Road, however these are not shown on the Site Layout Plan (Page 15 of the D&A Statement). Clarification of where the refuse stores will be located is required. West Sussex Fire Service has been consulted on this application in relation to access by fire appliances. I have requested they reply to you directly. No objection subject to refuse storage details and approval by WS Fire Service. WSCC Infrastructure To be reported. Environment Agency To be reported. Gatwick Airport Ltd Thank you for your /letter dated 22 July 2014, relating to the above mentioned planning application. The proposed development has been examined from an aerodrome safeguarding perspective and does not conflict with safeguarding criteria. We therefore have no objection to this proposal. Southern Water Thank you for your letter of 22/07/2014. Southern Water requires a formal application for any new connection to the public foul and surface water sewer to be made by the applicant or developer. We request that should this application receive planning approval, the following informative is attached to the consent: "A formal application for connection to the public sewerage system is required in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or No surface water should be permitted to be discharged to the foul sewerage system, in order to protect properties downstream from flooding. 112

113 Due to changes in legislation that came in to force on 1st October 2011 regarding the future ownership of sewers it is possible that a sewer now deemed to be public could be crossing the above property. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any further works commence on site. The applicant is advised to discuss the matter further with Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: ) or Sussex Police To be reported. 113

114 Burgess Hill 6. 14/02464/FUL rown Copyright and database rights 2012 Ordnance Survey LAND REAR OF SILVER BIRCHES KEYMER ROAD BURGESS HILL WEST SUSSEX RH15 0AN PROPOSED DETACHED FOUR BED DWELLING AND DETACHED GARAGE, TOGETHER WITH ACCESS DRIVE AND TURNING AREA MR LITTLE GRID REF: EAST NORTH POLICY: Ancient Woodland / Built Up Areas / Classified Roads - 20m buffer / Radon Gas Safeguarding Zone / In Built up Area / ODPM CODE: Minor Dwellings 8 WEEK DATE: 3rd September 2014 CASE OFFICER: Mr Andrew Watt 114

115 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 Full planning permission is sought for the erection of a detached 4-bed chalet style dwelling arranged over 1.5 / 2 storeys on land to the rear of Silver Birches. The National Planning Policy Framework (NPPF) specifically excludes private gardens in built up areas from the definition of "previously developed land"; however it does not rule out the development of garden land. The "saved" policies B1 and H3 of the Mid Sussex Local Plan (2004) indicate that residential development should respect the character of its location but the Council has no specific policy concerning the development of garden land. The Council does not have a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole; or where specific policies in the NPPF indicate that development should be restricted. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. Weighing all of the above issues it is considered that the proposed dwelling is of an appropriate design and scale and will not detrimentally affect the character of the area or significantly affect the amenities of neighbouring occupiers. It is therefore now felt that the proposal would satisfy all of the relevant policies of the Mid Sussex Local Plan and all three dimensions of sustainability set out in the NPPF (economic, social and environmental). As such the presumption in favour of granting consent set out at paragraph 14 of the NPPF should apply and for these reasons the application is recommended for approval. RECOMMENDATION It is recommended that the application be approved subject to the conditions set out in Appendix A. SUMMARY OF CONSULTATIONS MSDC Drainage Condition requested. MSDC Street Naming and Numbering Officer Informative requested. WSCC Highways No objection, subject to conditions and informative. 115

116 SUMMARY OF REPRESENTATIONS 48 letters of objection - The developers claim that there have been no previous applications to develop the site. This is simply untrue, two previous applications (10/03151/FUL and 12/02951/FUL) to build in the rear garden of Silver Birches were refused by MSDC and the subsequent appeals dismissed by the Planning Inspectorate. This application in no way adequately addresses those earlier concerns and the reasons for refusal by the inspectors in those appeals. It is outrageous that an application should fail to give the correct information. - The house will result in an unacceptable loss of privacy for the houses surrounding the property. - The design is unacceptable and out of character with the surrounding area, contrary to Sections 14, 17, 53, 56, 58 and 122 of the NPPF and B1, B2, B3 and H3 of the Local Plan. - The layout is cramped with an excess of built form to garden space and would detract from the immediate surroundings. Especially so given the extant planning permission for three dwellings in neighbouring Parkwood and Tryfan. - The driveway access onto Keymer Road is too narrow and dangerous. - Section 53 of the NPPF states that "Local Planning authorities should consider the case for setting out policies to resist inappropriate development to residential gardens, for example where development would cause harm to the local area." This policy is also contained in the emerging Neighbourhood and District Plans. - There is significant and frequent standing water in exactly the area proposed for concreting over, leaving the smallest of green areas on this overdeveloped site for the dissipated water to drain into. This will increase the drainage problems in the neighbouring houses downhill in Woodwards Close. - Character and appearance of immediate locality will be destroyed. - Loss of tree. - Loss of privacy. - Loss of sunlight to garden. - Benzene poisoning. - Inadequate infrastructure. TOWN / PARISH COUNCIL OBSERVATIONS Recommend Refusal - although an individual application the design and access statement does take account of the proposed development for three houses in the back gardens of Parkwood and Tryfan. Two previous applications to build four houses in the rear gardens of all three properties have been refused on appeal. This application does not adequately address the concerns raised by the Inspectors and the reasons for the appeals to be dismissed. The Committee recommended refusal on the grounds that: The Design is out of keeping with the surrounding area contrary to the NPPF and Local Plan; The effects in terms of outlook and overlooking would be harmful to the occupiers of High Oaks, contrary to Policy B3 of the Local Plan; The cramped nature of the site would lead to a loss of residential amenity to the occupiers of High Oaks; 116

117 The water table in this area was high and there was concern that High Oaks would be adversely affected if this development were to go ahead; and, The driveway access on to Keymer Road was too narrow and dangerous. INTRODUCTION Full planning permission is sought for the erection of a detached 4-bed chalet style dwelling arranged over 1.5 / 2 storeys on land to the rear of Silver Birches, Keymer Road, Burgess Hill. The application was called-in for determination at committee level by Cllr Simpson (and seconded by Cllr Heard) on the following grounds: - I am aware that it is LPA policy to consider only the application in front of you, however, under paragraph 1.04 of the D and S Statement the applicant makes reference to " The proposals also take into account the proposed development of the adjoining properties at Tryfan and Parkwood." You will be aware that a) there is a current approval for three dwellings on this other site and b) in 2010 and again in 2012 the then applicant proposed adding a fourth dwelling sited on the rear garden of Silver Birches. Both applications were refused on appeal! - In our view there is still concern that the Inspectors comments as far as they apply to 14/ 02464/FUL have not been satisfied - Traffic, parking and access are particular issues. Please check the plans as I think you will find the last remaining silver birch tree ( originally there were three!) is on the proposed access road. - Another issue is surface water drainage. As you know it is a fact of life that our clay soil is a serious problem. - Therefore impact on neighbouring amenities on this issue and related amenity issues remains a concern. RELEVANT PLANNING HISTORY On this site: In November 2010, planning permission was refused by the South Area Planning Committee for the erection of 4 no. detached dwellings on land to the rear of Silver Birches, Parkwood and Tryfan (10/03151/FUL). The reasons for refusal were: 1. The proposed development would be contrary to the provisions of PPS3 as its layout, orientation, size and numbers of dwellings would have a harmful impact on the occupiers of High Oaks by virtue of being adversely affected by a loss of outlook and overlooking to the rear garden, contrary to policy B3 of the Mid Sussex Local Plan. 2. The proposed development would have an adverse impact on the street scene due to its design, layout and visibility between the gaps in existing properties along Keymer Road and would represent an overdevelopment of the site, contrary to policy B1 of the Mid Sussex Local Plan. An appeal was lodged against this decision and dismissed in January In October 2012, planning permission was refused under delegated powers for the erection of 4 no. detached houses with associated parking and access on land to the rear of Silver Birches, Parkwood and Tryfan (12/02951/FUL). The reasons for refusal were: 117

118 1. The proposed development, by virtue of its layout, orientation, size and numbers of dwellings, would have a harmful impact on the occupiers of High Oak by virtue of being adversely affected by a loss of outlook, contrary to policy B3 of the Mid Sussex Local Plan. 2. The proposed development would have an adverse impact on the character of the area and the street scene due to its design, layout and visibility between the gaps in existing properties along Keymer Road and would represent an overdevelopment of the site, contrary to the provisions of paragraphs 14, 17, 53, 56 and 58 of the National Planning Policy Framework, and policies B1, B2 and H3 of the Mid Sussex Local Plan. An appeal was lodged against this decision and dismissed in June However, in making this decision, the Inspector made some important points, in particular: "Neither national policy set out in the Framework (including paragraphs 48 and 53 that relate to the use of garden land), nor saved Policy B1 of the Local Plan, preclude development of sites such as this one. The key consideration is the ability of the site to accommodate development of the scale and quantity proposed, without compromising the quality of the local environment." and "... in view of the separation distances and the reduction in height of the buildings compared with the earlier scheme, I am not persuaded that the current proposal would result in a strong sense of enclosure... [and] the occupants [of High Oaks] would not suffer any significant loss of privacy... The previous Inspector commented that some mutual overlooking of garden space must be expected in suburban areas, a view with which I concur." It was the Inspector's contention that the four dwellings proposed would appear squeezed together and give rise to a dominance of built form and hard surfacing within the development as a whole. Furthermore she felt that the proposed houses would appear to be too large and bulky for their respective sites, resulting in a poor relationship between the houses and their gardens. As such, the proposed layout was deemed to be out of keeping with the surrounding development, and the appeal was subsequently dismissed. On adjoining sites: In April 2008, planning permission was granted by the South Area Planning committee for the erection of 3 no. detached dwellings on land to the rear of Parkwood and Tryfan (08/00565/FUL). The decision was issued in May All pre-commencement conditions were discharged and groundworks carried out by May 2011, which meant that a lawful start had been made to implement the permission within the time limit, and hence the permission could be implemented in perpetuity. No further works have been carried out, other than the formation of the access and fencing off the plot from the host dwellings. A planning application (14/02669/FUL) has been submitted on land to the rear of Parkwood and Tryfan to carry out some material amendments to planning permission 08/00565/FUL. This is pending consideration. On nearby sites: Planning permission was granted in April 2010, under delegated powers, for the erection of a single detached dwelling on land to the rear of Charmouth Oaks (09/03127/FUL). This dwelling is known as 'Southfields' and is occupied. 118

119 Planning permission was granted in April 2014 by Planning Committee B for the erection of a single detached chalet style 4-bed house with integral garaging, parking and access on land to the rear of Farthings (14/00807/FUL), following a previous refusal in 2013 on the grounds that the height of the dwelling was taller than the host dwelling, so would appear as an incongruous addition in this backland locality, and a first floor south-facing dormer would result in overlooking to adjacent residents. This permission has not been implemented. SITE AND SURROUNDINGS The site subject of this application lies within the built up area of Burgess Hill along Keymer Road to the south of its junction with Folders Lane on the outskirts of Burgess Hill. The character of this side of Keymer Road is defined by good-sized detached houses set back from the highway in well planted and fairly substantial plots. The houses along this part of Keymer Road are two storeys in height with a variety of designs. The site currently forms part of the rear garden of Silver Birches, a large, extended 1.5 / 2 storey detached dwelling set within a large plot. It is a regular shaped plot with a mature vegetated boundary to the east, a well vegetated boundary to the north and very limited boundary to the building plot to the south (and a fenced boundary to the host dwelling to the south). APPLICATION DETAILS The application is for the erection of a detached 4-bed chalet style dwelling arranged over 1.5 / 2 storeys within the rear garden of Silver Birches. The existing access onto Keymer Road will be retained but extended along the flank wall of Parkwood to the side and rear of the house to a detached (large) single garage and turning area in front of the new dwelling. The existing parking and turning facilities to the front of Silver Birches will be retained. A Silver Birch tree in the front garden will be removed to facilitate this development. The proposed dwelling would have a maximum length of some 12.5 metres and between 9.5m and 12.6m in depth. The maximum ridge height of the dwelling is shown to be 7.6m. The front elevation will consist of a single vertical elevation with rooflights within a bonnet hipped roof and central canopied porch. To the rear will be a gabled projection with high eaves and a dormer window. Materials will be brick, plain tile hanging and plain roof tiles. The large single (5.2m x 6m depth) garage will be similarly styled. LIST OF POLICIES National Policy National Planning Policy Framework (Mar 2012) - paragraphs 7, 14, 17, 53, 56, 58, 93, 96, 187, 197 Planning Practice Guidance (Mar 2014) The National Planning Policy Framework sets out the government's policy in order to ensure that the planning system contributes to the achievement of sustainable development. Paragraph 7 sets out the three dimensions to sustainable development, such that the planning system needs to perform an economic role, a social role and an environmental role. This means ensuring sufficient land of the right type to support growth; providing a supply of housing and creating a high quality environment with accessible local services; and using natural resources prudently. With specific reference to decision-taking the document provides the following advice: 119

120 "187. Local planning authorities should look for solutions rather than problems, and decisiontakers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area." Paragraph 197 states that "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." Mid Sussex Local Plan G2 (sustainable development) B1 (design) B3 (residential amenities) B4 (energy and water conservation) B7 (trees and development) H3 (infill within built-up areas) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (land drainage) Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July 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 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. The District Plan was formally withdrawn on the 23rd May 2014 and thus no weight may therefore be given to the plan. ASSESSMENT (CONSIDERATION OF KEY ISSUES) The main considerations are: the principle of development; design and visual impact; effect on neighbouring amenity; access, parking and highway safety; drainage; impact on trees; sustainability; economic impact; and neighbourhood planning. Principle of development Paragraph 49 of the NPPF states: "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites." This council does not currently have an up-to-date 5-year housing land supply in the District and therefore this is a material consideration that must be taken into account in determining this proposal. In these circumstances, paragraph 14 of the NPPF applies, which states in part: "At the heart of the National Planning Policy Framework 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: 120

121 - approving development proposals that accord with the development plan without delay; and - where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted." The site is located within the built-up area of Burgess Hill and specifically a private residential garden. Government guidance back in June 2010 re-classified such spaces as greenfield land and was superseded by the NPPF at paragraph 53, which states: "Local planning authorities should consider the case for setting out policies to resist inappropriate development of residential gardens, for example where development would cause harm to the local area." Thus, it is important to note that this guidance does not prohibit development on greenfield land; rather, it seeks to achieve the efficient use of urban land in sustainable locations, but without causing harm to the character of the area. As set out in the planning history above, there is an extant (lawful) planning permission for three dwellings on the adjoining land to the south, together with an implemented planning permission for a backland dwelling to the rear of Charmouth Oaks, as well as a very recent planning permission for a backland dwelling to the rear of Farthings. In the appeal decisions for the enlarged site, including this one, on land to the rear of Tryfan, Parkwood and Silver Birches, the Inspectors both agreed with the principle of developing the site - but the issue of concern predominantly related to the impact on the character of the area. Design and visual impact on the character of the area Paragraph 17 of the NPPF sets out a set of core land-use planning principles that should underpin decision-taking, including the notion that planning should: "always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings" and "encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value." Paragraph 56 states: "The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people." Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; 121

122 - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Policy B1 of the Local Plan promotes high quality design, construction and layout in new developments and policy H3 states that permission will be given for residential development within defined built-up areas, provided that a number of criteria are met. Amongst these, criterion d) requires that the character and form respects the locality, while criterion e) requires the inclusion of a high quality environment for prospective occupiers, including appropriate landscaping and open space. Criterion f) seeks to ensure that provision for car parking and vehicle manoeuvring would not significantly reduce garden areas or adversely affect adjoining property. When considering the most recent appeal on this site, the Inspector noted: "Keymer Road is characterised by good-sized, detached houses set back from the road and occupying substantial plots. The houses are two-storey and vary in design. The gardens are spacious, mature and include an abundance of vegetation and some mature trees. Consequently, the area has a verdant quality, combined with a sense of openness and clear gaps between the houses." The proposed dwelling will be sited between 1.9m and 2.3m from the boundary with Midway to the north, and although the garage will be on the southern boundary, there will be a 1.2m gap between the buildings. It is not considered that the proposed dwelling will appear cramped on its plot, nor unduly close to any of the surrounding dwellings (12.4m to Plot 1 of the development to the south). The plot size, when seen from above, would be different from its neighbour to the north, but would be well in keeping with that to the south and not dissimilar to the plots sizes of other backland development that has taken place on the opposite side of the road behind Mellow Cottage and further to the south on the land to the rear of Charmouth Oaks or to the north behind Farthings. For these reasons, it is not considered that the development of this size with a single detached dwelling would detract from the existing spacious character of the area. Consequently the application is deemed to comply with Policies B1 and H3 in this respect. Effect on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected by the proposal would be the host property to the west, Midway to the north, High Oaks to the east and Plots 1 and 2 of the unimplemented development to the south. The proposed dwelling would be located 7m from the new boundary with Silver Birches and 21m from the rear elevation of this host dwelling. It would be located some 28.4m corner to corner with Midway, with an intervening vegetation screen, so the nearest impact would be to the bottom of a long rear garden. It would be located 11m to the boundary with High Oaks and 31.6m to the property itself. The flank wall of the dwelling would be 12.4m from the garage of Plot 1 (15.4m from the rear elevation of this property) and 16m to the rear elevation of Plot 2. While this site has not yet been developed, the proposed dwelling would be 47m to the current boundary with Southfields. These distances, together with the lack of upper floor side windows of the proposed dwelling, are considered to be sufficiently generous for there to be no resultant overlooking caused to these neighbouring occupiers and nor would this relationship be overbearing to any existing or future occupiers. 122

123 Conditions are recommended to mitigate construction noise and disturbance and, as such, the above policy would be met. Access, parking and impact on highway safety Policy T4 of the Local Plan states that proposals for new development should not cause an unacceptable impact on the local environment in terms of road safety and increased traffic. Policy T5 outlines the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. The existing access onto Keymer Road will be utilised and the Highway Authority raise no objection to the intensification of the use of this access. This will allow the creation of a driveway of 3.6m in width, although in line with the Highway Authority advice, can be 4.1m through condition - and sufficient width is available within the site to achieve this. A large single garage is provided, together with car parking spaces in front and turning space in front of the dwelling. This can be secured by condition, together with cycle parking space, so overall, the development would comply with the above policies. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. Local residents have advised of drainage problems in this part of Burgess Hill. The applicant proposes to dispose of foul sewage to the mains sewer and surface water to a soakaway. The council's Drainage Engineer has considered that this matter can be dealt with by the submission of details pursuant to a condition attached to any permission granted. This policy would therefore be met. Impact on trees Policy B7 of the Local Plan seeks to retain trees as far as possible for their amenity value. Although a Silver Birch tree to the front is to be removed as part of this development, it is not a mature specimen which would be worthy of a TPO. It has a lean towards the house and according to the owner has honey fungus. Members should be aware that this tree can currently be removed without any permission from the council. Otherwise the other trees on the site will be retained, thus complying with the above policy. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." 123

124 Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. An Energy Efficiency Statement has been submitted to accompany the application, specifying that the proposed dwelling will achieve Code Level 3 of the Code for Sustainable Homes. The development will incorporate a condensing boiler, thermostatic controls, high insulation, double glazing, low energy lighting, water conservation measures and green electricity tariff from 100 percent renewable sources. These measures area considered acceptable and a condition is imposed to ensure compliance with the above policy and guidance. Localism, growth and economic impact A focus of the Government's strategy since its election in 2010 has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration. If permitted, the Local Planning Authority would receive a New Homes Bonus as a result of this development. The proposal would also result in economic benefits in terms of the direct boost to the local economy during the construction phase and subsequent benefits from additional dwellings in the locality (for example, residents spending in the local economy). These are all factors that weigh in favour of the development. Neighbourhood Plan Concerns have been raised that the proposal would be contrary to the emerging Burgess Hill Neighbourhood Plan. At present this plan has passed its pre-submission consultation stage, which ended on 14 April this year. The recently published National Planning Practice Guidance that accompanies the NPPF provides the Government's guidance on when it might be justifiable to refuse planning permission on the grounds of prematurity. It states that: "arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, taking the policies in the Framework and any other material considerations into account. Such circumstances are likely, but not exclusively, to be limited to situations where both: a) the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or Neighbourhood Planning; and b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. Refusal of planning permission on grounds of prematurity will seldom be justified where a draft Local Plan has yet to be submitted for examination, or in the case of a Neighbourhood Plan, before the end of the local planning authority publicity period." 124

125 Given the above advice and the fact that the Burgess Hill Neighbourhood Plan is at a relatively early stage, very limited weight can be attributed to this emerging Plan at this point in time and as such there are no grounds to resist the application on this basis. CONCLUSIONS The National Planning Policy Framework (NPPF) specifically excludes private gardens in built up areas from the definition of "previously developed land"; however it does not rule out the development of garden land. The "saved" policies B1 and H3 of the Mid Sussex Local Plan (2004) indicate that residential development should respect the character of its location but the Council has no specific policy concerning the development of garden land. The Council does not have a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole; or where specific policies in the NPPF indicate that development should be restricted. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. Weighing all of the above issues it is considered that the proposed dwelling is of an appropriate design and scale and will not detrimentally affect the character of the area or significantly affect the amenities of neighbouring occupiers. It is therefore now felt that the proposal would satisfy all of the relevant policies of the Mid Sussex Local Plan and all three dimensions of sustainability set out in the NPPF (economic, social and environmental). As such the presumption in favour of granting consent set out at paragraph 14 of the NPPF should apply and for these reasons the application is recommended for approval. 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 Pre-commencement conditions No development shall commence until a schedule and/or samples of materials and finishes to be used for the external walls, windows, doors and roofs of the proposed buildings have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality and to accord with policy B1 of the Mid Sussex Local Plan. 125

126 3. No development shall commence until details of proposed boundary screen walls/fences/hedges have been submitted to and approved in writing by the Local Planning Authority and the dwelling(s) hereby permitted shall not be occupied until such boundary screen walls/fences/hedges associated with them have been erected or planted. The boundary treatments approved shall remain in place in perpetuity or unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to protect the appearance of the area and protect the amenities of adjacent residents and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 4. No development shall commence unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved. 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. 5. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which, within a period of 5 years from the completion of the 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. 6. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which, within a period of 5 years from the completion of the 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. 7. No development shall commence until details of existing and proposed site levels have been submitted to and approved in writing by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with policies B1 and B3 of the Mid Sussex Local Plan. 126

127 8. No work shall be carried out on the site unless and until an effective vehicle wheel cleaning facility has been installed in accordance with details approved in writing by the Local Planning Authority and such facility shall be retained in working order and operated throughout the period of work on the site. Reason: 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 and to accord with policy T4 of the Mid Sussex Local Plan. 9. No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved in writing by the Local Planning Authority provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted. Reason: In the interests of road safety and to accord with policy T4 of the Mid Sussex Local Plan. 10. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicant's control) in accordance with details approved in writing by the Local Planning Authority, for all temporary contractors' buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with policy T4 of the Mid Sussex Local Plan. 11. 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 construction phases of the development. Reason: To safeguard the amenities of surrounding residents and to accord with policy B3 of the Mid Sussex Local Plan. 12. Construction phase 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 13. The dwelling hereby permitted shall not be occupied until the vehicular access, parking spaces and turning areas have been provided and constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The areas of land so provided shall not thereafter be used for any purpose or purposes other than for the access, parking and turning of vehicles. 127

128 Reason: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways and in the interests of highway safety, to accord with policy T5 of the Mid Sussex Local Plan. 14. The dwelling hereby permitted shall not be occupied until X secure and covered cycle parking spaces have been provided in accordance with a detailed construction plan / details to be submitted to and approved in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 15. The dwelling hereby permitted shall not be occupied until details of the refuse/recycling storage facilities have been submitted to and approved in writing by the Local Planning Authority and the facilities shall be implemented in accordance with the approved details and thereafter retained. Reason: In the interests of the amenities of the area, to comply with policies B1, B3 and H3 of the Mid Sussex Local Plan. 16. The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application and shall meet Code Level 3 of the Code for Sustainable Homes. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or as amended in the future, no enlargement, improvement or other alteration of the dwellinghouse, whether or not consisting of an addition or alteration to its roof, shall be carried out, (nor shall any building or enclosure, swimming or other pool be provided within the curtilage of the dwellinghouse) without the specific grant of planning permission by the Local Planning Authority. Reason: To prevent the overdevelopment of the site and to preserve the amenities of neighbouring residents, to accord with policies B1 and B3 of the Mid Sussex Local Plan. INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a predevelopment condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 128

129 2. 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 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: - 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 The applicant is advised to contact the Community Highways Officer ( ) to obtain formal approval from the highway authority to carry out the site access works on the public highway. 5. In connection with Condition 6, the applicant is advised that plans, details and calculations will need to be submitted that show how the development will manage foul water and surface water. Methods for dealing with surface water will need to be able to cater for the 1:100 year storm event plus 30 percent capacity for climate change. 6. In accordance with Article 31 of the 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 identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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 1214/SP Site Plan 1214/SP Proposed Floor and Elevations 1214/P Plan Proposed Floor and Elevations 1214/P Plan Proposed Roof Plan 1214/P Planning Layout 1214/P Other DAS Other PLANNING STATEMENT Other ENERGY STATEMENT

130 APPENDIX B CONSULTATIONS MSDC Drainage Condition requested. Please can the following condition be placed upon this application: The development hereby permitted shall not proceed until details of the proposed surface water drainage and means of disposal have been submitted to and approved by the Local Planning Authority and no building shall be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. The details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Maintenance and management during the lifetime of the development should be in accordance with the approved details. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. Plans, details and calculations will need to be submitted that show how the development will manage foul water and surface water. Methods for dealing with surface water will need to be able to cater for the 1:100 year storm event plus 30 percent capacity for climate change. MSDC Street Naming and Numbering Officer Informative requested. I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " WSCC Highways No objection, subject to conditions and informative. 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. The previous application for this site which proposed 4 new dwellings under BH/2951/12 was refused by MSDC and latterly dismissed at Appeal. This application proposes one detached 4 bedroomed dwelling via a new access point onto Keymer Road. 130

131 The proposal will require a new access onto Keymer Road. As the site accesses onto a residential road with a speed restriction of 30mph, it would be appropriate for the development to be considered alongside Manual for Streets (MfS) guidance. From an inspection of the plans there do not appear to be any significant visibility issues from the proposed point of access, the required 43 metres should be achievable. MfS does provide some allowance for occasional on-street parking within the visibility splay and it would appear that in this area, where most properties have some sort of off-street parking facility, that there is not an extensive demand for on-street parking particularly during peak movement time. The new access and access road should be 4.1 metres in width. The works on the highway for the new access must be agreed with the WSCC Community Highway Officer and carried out under licence. I would also require the driveway area and car parking spaces are constructed in a bound material and that suitable drainage methods are installed to prevent private surface running onto the public highway. If the LPA are minded to approve this application a condition securing the new access and car parking should be included. INFORMATIVE 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. 131

132 Slaugham 7. Copyright and database rights 2012 Ordnance Survey MUNICIPLE SECURITY LTD SEASPACE HOUSE BRIGHTON ROAD HANDCROSS RH17 6BZ PROPOSED DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 7 NO. RESIDENTIAL UNITS: 4 X 3 BED SEMI-DETACHED HOUSE AND 3 X 3 BED TERRACED HOUSES WITH ASSOCIATED PARKING AND LANDSCAPING WORKS. MR AND MRS DW AND PD KAPLAN GRID REF: EAST NORTH POLICY: Ancient Woodland / Ancient Woodland / Areas of Outstanding Natural Beauty / Areas of Special Control for Adverts / Built Up Areas / Classified Roads - 20m buffer / Classified Roads - 20m buffer / Planning Agreement / Planning Obligation / Planning Agreement / Planning Obligation / Aerodrome Safeguarding (CAA) / Aerodrome Safeguarding (CAA) / Radar Safeguarding (NATS) / In Built up Area / High Weald AONB / 132