ITEM REFERENCE LOCATION PAGE. 1 13/01542/COU Bar Pulse, 31 The Martlets, Burgess Hill, West Sussex, RH15 9NN 2

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1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL SOUTH WEST AREA PLANNING COMMITTEE 25 JUL 2013 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 1 13/01542/COU Bar Pulse, 31 The Martlets, Burgess Hill, West Sussex, RH15 9NN /01549/FUL Land South Of Faerie Glen, Brighton Road, Hassocks, West Sussex, BN6 9LX /01654/FUL 1 Langridge Way, Burgess Hill, West Sussex, RH15 8TN, /01674/FUL Land Rear Of 95, London Road, Burgess Hill, West Sussex, RH15 8NE /01778/TREE 1 Sevenfields, Burgess Hill, West Sussex, RH15 9XE 34 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE None 38 PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE 1 SDNP/13/02492/ FUL Chantry Farm, Pyecombe Street, Pyecombe, West Sussex, BN45 7EE 39 1

2 MID SUSSEX DISTRICT COUNCIL SOUTH WEST AREA PLANNING COMMITTEE 25 JUL 2013 PART I RECOMMENDED FOR APPROVAL Burgess Hill 1. 13/01542/COU BAR PULSE 31 THE MARTLETS BURGESS HILL WEST SUSSEX, RH15 9NN APPLICATION FOR THE CONTINUATION OF THE CHANGE OF USE TO THE AREA OUTSIDE OF BAR PULSE, 31 THE MARTLETS FOR ONE METRE HIGH PORTABLE SCREENS TO ENCLOSE AN EATING AREA COMPRISING TABLES, CHAIRS AND SHADE. MR SIMON HANCOCK GRID REF: EAST NORTH POLICY: Built Up Areas / Radon Gas Safeguarding Zone / In Built up Area / 2

3 ODPM CODE: Change of Use 8 WEEK DATE: 12th July 2013 CASE OFFICER: Mr Matthew Redman 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 Last year a temporary planning permission was granted to change the use of the footpath and to enclose an area 5metres in depth by 5metres in width outside Bar Pulse. This included erecting a 1 metre in height screen and 1 shade to allow tables and chairs to be sited within the area. This permission was granted for a period of 1 year to ascertain the impact it would have on both the Martlets shopping precinct and on the amenities of the general public. This period has since passed and this application seeks planning permission to permanently change the use of this area. During the trial period, Environmental Health have not received any noise complaints and the council's enforcement department have not had any complaints about the use of this area either. Therefore and as the use is of benefit to an established business and helps to bring people and trade into the town centre, the permanent change is deemed acceptable and complies with Policies B1, B3 and S3 of the Mid Sussex Local Plan as well as the criteria as set out in the National Planning Policy Framework. RECOMMENDATIONS The application is recommended for approval, subject to the conditions set out in the appendix. SUMMARY OF REPRESENTATIONS No letters of representation have been received. SUMMARY OF CONSULTATIONS Environmental Health Have not received any noise complaints that are directly attributable to the use of the outside area. No objections. East Grinstead Action Group Want space between the tables. TOWN COUNCIL OBSERVATIONS Recommend approval. 3

4 Introduction The applicant seeks planning permission for the continued change of use of the area outside Bar Pulse, a bar situated in The Martlets shopping precinct in Burgess Hill town centre. The area is currently being used by the bar and measures 5m in depth and 5m in width. The application also seeks permission for the continued use of the portable screens and an umbrella that are also currently in place. This application is being reported to committee because Mid Sussex District Council owns the freehold of the land. However, this is held on long lease by Cream (GP No. 4) Ltd Partnership, the lease expires at the end of September 2139 (150 year lease from 1989). Relevant Planning History /02527/FUL - GRANTED - To extend trading hours for Chaplin Bar and Chequers Night Club as follows: Monday to Wednesday , Thursday , Friday and Saturdays 09am and Sundays 09.00am /03868/COU - WITHDRAWN - This was similar to what is being proposed in the current application but the size of the area was 60m2 and the hours of use were to be until /02207/COU - NOT PROCEEDED WITH - This was an application that was submitted just before the fire and is also similar to the 2007 and the current application. However the size of the area was reduced to 55m2 and the hours of use were to be until /01250/FUL - GRANTED - To reinstate the night club on the 1st floor. The hours of use as follows: 18:00 to 00:30 Monday to Thursday, 18:00 to 01:30 Friday to Saturday, 18:00 to 00:00 Sunday /00227/COU - GRANTED FOR A PERIOD OF 1 YEAR - Change of Use to area outside of Bar Pulse, 31 The Martlets for one metre high portable screens to enclose an eating area comprising tables, chairs and shade. (Please note that amended plans have been received on 01 March 2012 which has reduced the size of the area to 25m2) Site and Surroundings The site contains the 'Pulse' bar, which is located in The Martlets shopping precinct, opposite the Martlets Hall and library. The bar has full height windows at ground floor level and is on the corner facing the pedestrian square. There are a number of other shops and cafes in the vicinity occupying the ground floors of the buildings. A nightclub has planning permission on the first floor of the Pulse building and the land on which the temporary tables are proposed to be situated is a paved, pedestrian thoroughfare which links Civic Way with Church Walk. Application Details The proposed development consists of an area of approximately 25 square metres to the front of the Pulse bar to be cordoned off using one-metre high, portable screens with an umbrella over. The area will be used from List of Policies National Level National Planning Policy Framework (NPPF) 4

5 Mid Sussex Local Plan B1 Design B3 Residential Amenities S3 Primary Shopping Frontages The proposed submission District Plan was approved by Council on the 20th March. However, the policies in this Plan carry limited weight at this stage in the process. This weight will increase once the Plan is submitted in summer 2013, particularly for those policies which receive no objections to them during the publication period. Assessment (Consideration of Key Issues) The scheme has already been granted a temporary permission and during this period, there have not been any complaints over noise or the use of this area. Therefore the continued use is not considered to have a harmful impact on either the shopping centre or the adjacent pavement and providing similar conditions are imposed on the proposed application as were imposed on the previous approval, it will also not significantly impact on the amenities of the neighbouring properties. The use of the enclosure is of clear benefit to an existing business and helps to promote economic growth. It can additionally be seen to bring extra business to the town centre. Therefore and as the National Planning Policy Framework looks to secure economic growth in order to create jobs and prosperity, the scheme is deemed to be in accordance with Policies B1, B3 and S3 of the Mid Sussex Local Plan as well as the NPPF. Conclusion During the trial period, both Environmental Health and the council's enforcement department have not received any objections or complaints. Therefore and as the use of this area will be of benefit to an established business, a permanent change is deemed to accord with Policies B1, B3 and S3 of the Mid Sussex Local Plan as well as the criteria as set out in the National Planning Policy Framework. The application is therefore recommended for approval. APPENDIX A RECOMMENDED CONDITIONS 1. The area shall be used solely in conjunction with the site at 31 The Martlets, Burgess Hill and shall not be used for any other purpose. Reason: To enable the Local Planning Authority to control the development in detail and to ensure that the character of the area is maintained. 2. Use of the outdoor seating area shall be limited to the following times: Monday to Saturday: hrs; Sunday & Public/Bank holidays: hrs Reason: To safeguard the amenity of nearby dwellings and the surrounding area with regard to noise and disturbance and to accord with Policy B3 of the Mid Sussex Local Plan. 5

6 3. Between the hours of 12am and 9am every day, the tables, chairs and screens shall not be stored on the external pavement in the Martlets and shall be stored inside of the property. (31 The Martlets) Reason: To safeguard the area from unnecessary obstruction during the hours the area is out of use and to ensure that it is in accordance with Policy B3 of the Mid Sussex Local Plan. INFORMATIVES 1. You are advised that the District Council determined this application on the following drawings: Location plan BP/Planning/03A BP/Planning/04A BP/Planning/05A BP/Planning/Cond4 2. To allow for multiple user groups, please be advised that there should be enough space between the tables to allow for wheelchair users and that there should a clear space under the tables of 750mm. The tables should also be wide enough to accommodate a wheelchair easily. 3. 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. Burgess Hill Town Council Recommend Approval APPENDIX B CONSULTATIONS Environmental Health We have not previously received any noise complaints directly attributable to the use of the outside area. I therefore have no objection to this application. East Grinstead Action Group Access requirements: Tables and space between tables. Items 21 and 22 21: Adequate circulation space should be provided between tables in the area. 22: There should be a clear space (height) under the tables of 750mm and tables should be wide enough to accommodate a wheelchair. 6

7 Hassocks 2. 13/01549/FUL LAND SOUTH OF FAERIE GLEN BRIGHTON ROAD HASSOCKS WEST SUSSEX, BN6 9LX RESIDENTIAL DEVELOPMENT OF TWO DWELLINGS, ASSOCIATED GARAGING AND WIDENING OF EXISTING ACCESS. MR AND MRS MIALL GRID REF: EAST NORTH POLICY: 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) / / ODPM CODE: Minor Dwellings 8 WEEK DATE: 15th July 2013 CASE OFFICER: Mr Andrew Watt 7

8 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 The application is for the erection of 2 no. 5-dwellings and 2 no. detached garages/workshops within the side garden of Faerie Glen. Although within a Countryside Area of Development Restraint, the principle of this development is considered acceptable, in accordance with the provisions of the NPPF and, subject to safeguarding conditions, it would also comply with policies G2, B1, B3, B4, B7, T, T5, T6 and CS13 of the Mid Sussex Local Plan and should be approved. RECOMMENDATION It is recommended that the application be approved subject to the conditions set out in Appendix A. SUMMARY OF REPRESENTATIONS None. SUMMARY OF CONSULTATIONS MSDC Drainage Engineer: Condition requested. MSDC Environmental Protection: No objection, subject to conditions and informative. MSDC Street Naming and Numbering Officer: Informative requested. MSDC Tree and Landscape Officer: No objection. WSCC Highway Authority: Conditions requested. PARISH COUNCIL OBSERVATIONS Recommend approval. Introduction Full planning permission is sought for the erection of 2 no. 5-bed dwellings within the garden area of Faerie Glen, London Road, Hassocks. 8

9 Relevant Planning History In January 2011, planning permission was granted for the demolition of the existing dwelling and replacement dwelling and garage (10/03687/FUL). This permission has not been implemented. Site and Surroundings The 0.49ha site forms the side garden of Faerie Glen, a detached bungalow set within an extensive plot at the end of a shared driveway off Brighton Road to the south of the Stonepound Crossroads in Hassocks. The site is fairly secluded due to its distance from the main road and the mature vegetation within and around. Land levels are undulating throughout. Running alongside the northern boundary is a stream, beyond which are detached properties along South Bank and Pound Gate; to the east and north-east is The Weald Tennis Club with floodlit tennis courts; to the south is the garden centre and the driveway serving Sandfield Cottage (set on higher ground); and to the west is Byanda, a subterranean dwelling with turret and translucent geodesic dome, together with an ancillary detached bungalow nearer the driveway, which is shared with Faerie Glen. The site is located outside the built-up area of Hassocks in a Countryside Area of Development Restraint; there are no other planning constraints. Application Details The application is for the erection of 2 no. 5-dwellings and 2 no. detached garages/workshops within the side garden of Faerie Glen. The existing access will be extended to a turning area. The current access onto Brighton Road will be widened to allow two vehicles to pass each other off the public highway and allow access by emergency vehicles. The existing swimming pool will be retained and incorporated within the curtilage of Plot 2. 8 car parking spaces will be provided in total and 8 cycle spaces. Surface water will be disposed of to soakaways and foul sewage to a septic tank. Plot 1 to the south is arranged over 2.5-storeys with 2 gables to the front, low chimney and rooflight on a gabled roof. Plot 2 to the north is also arranged over 2.5-storeys but with a hipped roof arrangement and a single feature gable to the front and chimney breast to the side. Materials for both dwellings will be a mix of white render and cedar boarding, with fibre cement slate roof tiles. List of Policies National Policy National Planning Policy Framework (Mar 2012) Mid Sussex Local Plan G2 (sustainable development) C1 (protection of the countryside) B1 (design) B3 (residential amenities) B4 (energy and water conservation) B7 (trees and development) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (drainage) 9

10 Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Assessment (Consideration of Key Issues) The main considerations are: the principle of development; design and visual impact (including impact on trees); effect on neighbouring amenity; access, parking and highway safety; impact on trees; sustainability; and drainage. Principle of Development The National Planning Policy Framework was published on 27 March 2012 and sets out the government's planning policies for England and how these are expected to be applied. The purpose of the planning system is to contribute to the achievement of sustainable development, encompassing economic, social and environmental dimensions. The presumption in favour of sustainable development, as described in paragraph 14, should be seen as a 'golden thread' running through both plan-making and decision-taking. For decision-taking, this means approving development proposals that accord with the development plan without delay and, where the development plan is absent, silent or relevant planning policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. Paragraph 7 sets out the 3 dimensions to sustainable development: economic, social and environmental. The application would go some way to performing an economic role by enabling house building, which would contribute to economic growth. It would perform a social role by providing a small supply of housing in the right location, in close proximity to local services. It would also perform an environmental role, as the application would protect the natural environment, it being a manicured garden albeit with some mature trees within, none of which are capable of being protected under a Tree Preservation Order (due to the lack of any public amenity value). 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 does not currently have an up-to-date 5-year housing land supply in the District, based on the housing numbers in the South East Plan (although now revoked (as from 25 March 2013), these figures are the most up-to-date evidence base assessment of the District's housing needs, in advance of the examination into the council's District Plan) - and therefore this is a material consideration that must be taken into account in determining this proposal. Turning to policy C1 of the Mid Sussex Local Plan, only certain categories of development are allowed within countryside areas as an exception to the general policies of restraint that apply. The proposal does not fall into one of these exceptions, as the houses are not required in association with an identified need for an agricultural or forestry purpose. The site is not allocated for housing within any development plan documents and as such the application is contrary to local plan policy C1. Paragraph 53 advises that "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." This policy does not prohibit such development, and in this particular case, because the site is secluded it would not have any wider impact, and the density of development (at 4.1dph) is in keeping with the immediate surroundings, so is deemed acceptable. 10

11 Assessed against the general provisions of the NPPF, it is deemed that this location is suitable for new residential development, given the proximity to the built-up area of Hassocks, a large village with a multitude of local services. Design and visual impact The proposed layout and design of the dwellings and their ancillary garage/workshop buildings are considered acceptable. Sufficient spacing would be retained around the existing dwelling and both the new dwellings. The majority of trees would be retained: the main one to be removed (a Copper Beech) is structurally in poor condition. The Arboricultural Survey recommends that it be felled if it poses a constraint to development [which it does] and the council's Tree and Landscape officer raises no objection to its removal, nor to smaller trees elsewhere within the site. Policy B7 would therefore be met. It is considered that policy B1 of the Mid Sussex Local Plan would be met, as well as paragraphs 56 and 58 of the NPPF. The dwellings will exceed the requirements of the council's Dwelling Space Standards. Effect on neighbouring amenity Policy B3 of the Mid Sussex Local Plan aims to protect amenity. The main properties affected by the proposal would be Byanda, whose driveway is shared with the site, and Sandfield Cottage to the south. Essentially, however, the site is sufficiently secluded such that no adjoining properties would be significantly affected: around 50m to Byanda and 28m to Sandfield Cottage. As such, the above policy would be met. Access, parking and highway safety The existing access will be utilised, but is intended to be widened, to allow emergency vehicular access and a turning area at the head of the driveway. This can be achieved, but is subject to condition, as recommended by the Highway Authority. The parking provision is deemed acceptable in accordance with policies T4, T5 and T6 of the Local Plan and the NPPF. 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. 11

12 A Sustainability Statement has been submitted specifying that at least 10% of the energy supply of the development shall be secured from decentralised and renewable or low-carbon energy sources; locally sourced materials; use of recycled materials where appropriate; dual flush WCs, spray or aerated taps for wash hand basins; low water use washing machines, dishwaters and provision of water butts; low energy lighting and sources of renewable energy may be incorporated within the development. These measures are considered to be satisfactory and would meet the above policy 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 council's Drainage Engineer has confirmed that this matter can be resolved through condition, so there would be no conflict with the above policy. Conclusions The principle of this development is considered acceptable, in accordance with the provisions of the NPPF and it would also comply with policies G2, B1, B3, B4, B7, T, T5, T6 and CS13 of the Mid Sussex Local Plan and 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 Pre-commencement conditions 2. No development shall be carried out until samples and/or a schedule 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. The works shall be carried out 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 take place until details of proposed boundary screen walls/fences/hedges have been submitted to and approved in writing by the Local Planning Authority. None of the houses 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 be permanently retained in their approved form. Reason: In order to protect the appearance of the area and to accord with policies H3 and B3 of the Mid Sussex Local Plan. 4. 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 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. 12

13 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. The development hereby permitted shall not proceed until details of the proposed surface water and foul drainage and means of disposal, including details of surface water management during construction and details of future maintenance, have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until all 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. 7. No development shall take place until a scheme for protecting residential units from noise generated by traffic or other external sources (including nearby railway and garden centre), has been submitted to, and approved in writing by, the local planning authority. All works that form part of the scheme shall be completed before any part of the noise sensitive development is occupied. Unless otherwise agreed in writing, the submitted scheme shall demonstrate that the maximum internal noise levels in bedrooms and living rooms in residential properties post construction will be 30 db LAeq T (where T is 23:00-07:00) and 35 db LAeq T (where T is 07:00-23:00). Noise from individual external events typical to the area shall not exceed 45dB LAmax when measured in bedrooms and living rooms internally between 23:00 and 07:00, post construction. Noise levels in gardens and public open spaces shall not exceed 55 db LAeq 1 hour when measured at any period. Where acceptable internal noise levels in bedrooms and living rooms can only be achieved by closing windows, a suitable ventilation scheme shall be submitted for approval, with sufficient capacity to ensure adequate cooling of the occupants with the windows closed. Reason: To safeguard the amenity of neighbouring residents and to comply with policy B3 of the Mid Sussex Local Plan. Construction phase 8. Works of construction or demolition, including the use of plant and machinery, necessary for implementation of this consent shall not take place other than between 0800hrs and 1800hrs on Mondays to Fridays or between 0900hrs and 1300hrs on Saturdays. No work shall take place on Bank or Public holidays or on Sundays. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 13

14 Pre-occupation conditions 9. The houses 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. 10. The houses hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided for each dwelling in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Thereafter the facilities shall be retained for that purpose only. Reason: To provide alternative travel options to the use of the car, in accordance with policies T4 and T6 of the Mid Sussex Local Plan. 11. The houses hereby permitted shall not be occupied until details of the refuse storage facilities for the dwellings have been submitted to and approved in writing by the Local Planning Authority. These facilities shall be provided in accordance with the approved details and thereafter retained. Reason: In the interests of the amenities of the area, to comply with policy B3 of the Mid Sussex Local Plan. Post-occupation monitoring/management conditions 12. 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. 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 NPPF. INFORMATIVES 1. You are advised that the District Council determined this application on the basis of the following drawings: 1306/P101, 102, 103, 104A, 105, 106, 1306/C101, 102, 1306/S102, Design and Access Statement, Planning Statement, Site Waste Management Plan, Arboricultural Survey, Ecology Report, Transport Report received on 13 May 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

15 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 In connection with Condition 9, the widened access shall not exceed 4.5 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. The driveway area and car parking spaces shall be constructed in a bound material and suitable drainage methods shall be installed to prevent private surface water running onto 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 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. APPENDIX B CONSULTATIONS MSDC Drainage Engineer: Please can a standard drainage condition be placed on this application, to ensure that details are provided. I will expect the drainage for this development to be able to cater for the 1 in 100 year storm event plus 30% capacity for climate change. The use of Sustainable Drainage Systems (SuDS) can offer solutions to meeting these requirements. 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 15

16 Reason: to protect the amenity of local residents. - Soundproofing (Building): No development shall take place until a scheme for protecting residential units from noise generated by traffic or other external sources (including nearby railway and garden centre), has been submitted to, and approved in writing by, the local planning authority. All works that form part of the scheme shall be completed before any part of the noise sensitive development is occupied. Unless otherwise agreed in writing, the submitted scheme shall demonstrate that the maximum internal noise levels in bedrooms and living rooms in residential properties post construction will be 30 db LAeq T (where T is 23:00-07:00) and 35 db LAeq T (where T is 07:00-23:00). Noise from individual external events typical to the area shall not exceed 45dB LAmax when measured in bedrooms and living rooms internally between 23:00 and 07:00, post construction. Noise levels in gardens and public open spaces shall not exceed 55 db LAeq 1 hour when measured at any period. Where acceptable internal noise levels in bedrooms and living rooms can only be achieved by closing windows, a suitable ventilation scheme shall be submitted for approval, with sufficient capacity to ensure adequate cooling of the occupants with the windows closed. Reason: To safeguard the amenity of neighbouring 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. 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 objection. WSCC Highway Authority: 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. 16

17 I refer to your consultation in respect of the above planning application and would provide the following comments. In principle there would be no concerns with this proposal on the information submitted. The existing access appears to offer an adequate level of visibility from an inspection of the plans. The widened access must not exceed 4.5metres 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 to be constructed in a bound material and that suitable drainage methods are installed to prevent private surface running onto the public highway. The proposed car parking provision is within and does not exceed the WSCC Maximum standard. The site is located in an accessible location with Hassocks village centre and passenger transport facilities are within reasonable walking distance. In terms of parking layout there is a sufficient amount of room for vehicles to park and turn within the site. If the LPA are minded to approve this application a condition securing the new access, cycle parking and vehicular parking should be included. 17

18 Burgess Hill 3. 13/01654/FUL 1 LANGRIDGE WAY BURGESS HILL WEST SUSSEX RH15 8TN ALTERATIONS AND EXTENSIONS TO PROVIDE LARGER WIDTH GARAGE WITH EXTENSION TO KITCHEN, AND 2 STOREY EXTENSION OVER PART GROUND FLOOR TO PROVIDE INCREASED SIZE BEDROOM, WITH EN-SUITE AND WARDROBE FACILITIES.. MR AND MRS A HENDEN GRID REF: EAST NORTH POLICY: Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Built Up Areas / / ODPM CODE: Householder 8 WEEK DATE: 19th July 2013 CASE OFFICER: Mrs Sarah Sheath 18

19 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 Planning permission is sought for alterations and extensions at 1 Langridge Way, Burgess Hill to provide a larger width garage and extended kitchen along with a first floor extension over part of the ground floor to provide an increased sized bedroom with ensuite and wardrobe facilities. Earlier this year a similar two storey side extension was dismissed at appeal as a result of the effect on the living conditions of adjoining occupiers, with particular reference to outlook. This application has been submitted in order to try and overcome these earlier concerns. It is considered that the proposed two storey extension is in keeping with the character of the existing dwelling and will not cause harm to the appearance of the wider street scene. Whilst it is accepted that there will still be some impact on the amenities of the adjacent occupiers, it is considered that the impact will be limited and would not warrant the refusal of permission. On this basis the application is deemed to comply with Policies B1, B3 and H9 of the Mid Sussex Local Plan and can be supported. RECOMMENDATIONS Recommend permission be granted subject to the conditions outlined at Appendix A. SUMMARY OF REPRESENTATIONS 2 letters of objection raising the following concerns: - Proposal goes some way towards reducing its impact particularly in respect of overlooking, still feel proposal is inappropriate. - Loss of sunlight and daylight to our garden and ground floor rooms. - Significant harm to our amenity - Increase in bulk will dramatically increase our sense of enclosure and would be overbearing and unneighbourly. - Site specific sunlight and daylight analysis diagrams should be submitted to illustrate the impact of the proposals on adjoining properties. - Doubt extension can be constructed without compromising our garden enclosure. - Will change the way we use our garden. - Building up to the boundary will be claustrophobic and will block light for our garden and seating area. - Would object to the fence being removed for a long period of time. SUMMARY OF CONSULTATIONS None 19

20 BURGESS HILL TOWN COUNCIL OBSERVATIONS Recommend Refusal - it would be overdevelopment of the site and overbearing to neighbours. Introduction Planning permission is sought for alterations and extensions at 1 Langridge Way, Burgess Hill to provide a larger width garage and extended kitchen along with a first floor extension over part of the ground floor to provide an increased sized bedroom with ensuite and wardrobe facilities. Relevant Planning History Planning application 12/01766/FUL sought permission for a two storey side extension. This application was withdrawn in July Planning application 12/02658/FUL sought permission for a two storey side extension, to enclose the existing porch and a single storey rear extension. This application was refused for the following reason: "The proposed extension would, by virtue of its height, depth and position, represent a poor design that would be overbearing and unneighbourly on the occupiers of 32 and 34 Wisden Avenue, contrary to Policies B3 and H9 of the Mid Sussex Local Plan." This decision was appealed by the applicants and subsequently dismissed at appeal. It is pertinent to note that the Appeal Inspector who considered the proposals made the following comments: "The gardens to 32 and 34 Wisden Avenue look towards the existing side elevation of the appeal property. However, the set-back of 1 Langridge Way from its frontage to the road means that the outlook from 32 Wisden Avenue is also across a more open aspect to the south and east. Although the proposed extension would be visible from the garden and the house to No. 32, that generally open outlook would remain and so there would be little material change to the living conditions of No. 32. The situation differs for the occupants of 34 Wisden Avenue. The outlook from the garden and the rear of that property is very clearly towards the side of the appeal property. The slight angle between the properties and the staggered rear building line of No. 34 mean the side elevation of the proposed extension would be around 9.4m to 11m from No. 34. The depth and positioning of the proposed extension would mean the new building would be seen for almost the entire width of the garden to No. 34. This would be intrusive and over dominant to the outlook from both the house and the garden to No. 34, from which I viewed at my site visit." Site and Surroundings 1 Langridge Way, Burgess Hill is a two storey dwelling located on the northern side of Langridge Way, backing onto the rear garden of 38 Wisden Avenue with Sussex Way beyond. The application site is one of several properties within a street scene of mixed housing styles and materials. Several of these properties have benefited from extensions, most notably numbers 5 and 7. 20

21 To the north of the application site is Sussex Way in the distance with vegetation and fencing on the boundary. To the south is the Langridge Way cul-de-sac. To the east of the property is the neighbouring detached dwelling, set back from the frontage of number 1. To the west are the rear gardens of neighbours within Wisden Avenue, bordered by a 2m close boarded fence. Application Details Permission is sought to enlarge the width of the existing single attached garage by some 0.6 metres. The garage would then be extended at the rear at the same width, to the depth of the existing single storey rear addition i.e. some 5.6 metres. This single storey addition would provide a new kitchen and would have a hipped roof. Over the existing garage it is proposed to provide a first floor addition that would also wrap around to the front of the dwelling as a two storey addition, projecting forward of the existing front elevation by some 1.2 metres. This addition would provide a small enclosed porch at ground floor with an enlarged bedroom with ensuite and wardrobe space at first floor. The forward projection would have a gabled frontage with hipped roof at the rear. List of Policies National Policy National Planning Policy Framework (NPPF) District Plan The proposed submission District Plan was approved by Council on the 20th March. However, the policies in this Plan carry limited weight at this stage in the process. This weight will increase once the Plan is submitted in summer 2013, particularly for those policies which receive no objections to them during the publication period. Mid Sussex Local Plan Policy B1 - Design Policy B3 - Neighbour Amenity Policy H9 - Extension of Dwellings within Built up areas Assessment (Consideration of Key Issues) The main issues to consider with this proposal are the design and impact on neighbouring amenity in particular in relation to the neighbouring dwellings to the west (32 and 34 Wisden Avenue). With regard to the design of the proposals it is considered that they are in keeping with the general character of the existing dwelling and will not be detrimental to the wider street scene. In respect of the impact on the amenities of the neighbouring occupiers it is important to remember the comments of the Appeal Inspector when he considered the previous larger extension that sought a two storey side extension along the full depth of the dwelling. As set out above, it was the Inspectors view that because of the set back of 1 Langridge Way, the outlook from 32 Wisden Avenue is across a more open aspect to the south and east and that this outlook would remain, there would be little material change to the living conditions of no

22 The ridge line of this extension is significantly lower than that previously proposed and for this reason it is felt that the impact on the occupiers of 32 Wisden Avenue is actually more favourable than that which the Inspector found to be acceptable. For this reason, the impact on the occupiers of 32 Wisden Avenue as a result of this current proposal is deemed acceptable. In relation to the impact on the occupiers of 34 Wisden Avenue, the Inspector found that because of the depth and positioning of the proposed extension it would be seen for almost the entire width of the garden of no. 34 and that this would be intrusive and over dominant to the outlook from both the house and garden to no. 34. In order to try and address this issue, the current application only proposes a first floor addition along approximately half the depth of the existing dwelling and would only extend across approximately one third of the width of no. 34's garden. In addition the ridge has been reduced and the roof now hips away from the boundaries of both 32 and 34 Wisden Avenue. It is considered that these changes have sufficiently overcome the Inspectors previous concerns and that the amenities of the adjacent occupiers at no. 34 will not be significantly harmed by this proposal. For these reasons the application is deemed to comply with Policies B1. B3 and H9 of the Mid Sussex Local Plan and can now be supported. Conclusions In conclusion, the proposed two storey extension is considered to be in keeping with the character of the existing dwelling and will not cause harm to the appearance of the wider street scene. Whilst it is accepted that there will be some impact on the amenities of the adjacent occupiers, taking into account the view of the previous Appeal Inspector it is considered that the impact will be limited and would not warrant the refusal of permission. On this basis the application is deemed to comply with Policies B1, B3 and H9 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 The materials and finishes of the external walls and roof of the extension hereby permitted shall match in colour and texture those of the existing building. 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 22

23 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 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. 2. Your attention is drawn to the requirements of the Environmental Protection Act 1990 with regard to your duty of care not to cause the neighbours of the site a nuisance. Accordingly, you are requested that: Hours of construction/demolition on site are restricted only to: Mondays to Fridays hrs; Saturdays hrs; No construction/demolition work on Sundays or Public Holidays. 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

24 Burgess Hill 4. 13/01674/FUL LAND REAR OF 95 LONDON ROAD BURGESS HILL WEST SUSSEX, RH15 8NE AMENDMENT TO APPLICATION 11/04013/FUL FOR 4NO. 3 BED HOUSES TO PROVIDE SMALL DORMER TO THE FRONT OF THE FOUR HOUSES, SMALL VELUX WINDOWS TO THE REAR IN OBSCURE GLASS, REDUCTION IN PASSAGE WIDTH TO 700MM AND OTHER MINOR MODIFICATIONS. MR R RAGGIO GRID REF: EAST NORTH POLICY: Built Up Areas / Radon Gas Safeguarding Zone / Tree Preservation Order / Tree Preservation Order Points / Tree Preservation Order Points / Tree Preservation Order Points / In Built up Area / ODPM CODE: Minor Other 8 WEEK DATE: 26th July 2013 CASE OFFICER: Mr Andrew Watt 24

25 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 The application is for some material amendments to planning permission 11/04013/FUL for the erection of a terrace of 4 no. 3-bed dwellings, arranged over 3-storeys, along with space for 8 or 9 cars and a turning area and private gardens, bin stores and cycle storage areas. The amendments are as follows: - Widening of the building on both sides to leave a gap of 700mm both sides (whereas previously it was 924mm both sides) and pulling it forward by 300mm. - Removal of first floor bays to the front elevation; - Installation of 4 no. dormers on the front elevation, replacing 4 no. rooflights; and - Installation of 4 no. rooflights on the rear elevation (where there were none previously). An independent government Inspector has allowed the development of 4 dwellings on this site. By definition, therefore, the access, car parking and cycle parking arrangements are considered acceptable, as are other matters such as sustainability, refuse storage, drainage, impact on trees, archaeology and space standards, which can be secured through condition. The amendments sought are fairly cosmetic in nature and would not be harmful to the character of the area or to the amenities of neighbouring occupiers. As such, it is considered that the application would comply with the NPPF and policies B1, B3, B4, B7, B18, H3, T4, T5, T6 and CS13 of the Mid Sussex Local Plan and should be approved. RECOMMENDATION It is recommended that the application be approved subject to the conditions set out in Appendix A. SUMMARY OF REPRESENTATIONS 2 letters of objection - invasion of privacy; overbearing; damp; too high; loss of natural light; insufficient access for emergency services; SUMMARY OF CONSULTATIONS MSDC Street Naming and Numbering Officer: Informative requested. TOWN COUNCIL OBSERVATIONS Recommend Refusal - it was felt that this would be overdevelopment of the site and that there would be a detrimental impact to existing neighbours. The plans allowed on appeal should be adhered to. 25