ITEM REFERENCE LOCATION PAGE. 1 12/03770/COU Church Walk, Burgess Hill, West Sussex, RH15 9BQ, 2

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1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL SOUTH WEST AREA PLANNING COMMITTEE 24 JAN 2013 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 1 12/03770/COU Church Walk, Burgess Hill, West Sussex, RH15 9BQ, /03966/FUL Land South Of Softech House, London Road, Albourne, West Sussex, /04048/FUL Kings Head, 102 London Road, Burgess Hill, West Sussex,RH15 8NB 39 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE 1 12/03753/FUL Fitzpatricks Solicitors, Meeds House, 70 Station Road, Burgess Hill,West Sussex 66 PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE None 1

2 MID SUSSEX DISTRICT COUNCIL SOUTH WEST AREA PLANNING COMMITTEE 24 JAN 2013 PART I RECOMMENDED FOR APPROVAL Burgess Hill 1. 12/03770/COU CHURCH WALK BURGESS HILL WEST SUSSEX RH15 9BQ CHANGE OF USE FROM RETAIL TO A4 (PUBLIC HOUSE) USE J D WETHERSPOON PLC GRID REF: EAST NORTH POLICY: / In Built up Area / 2

3 ODPM CODE: Change of Use 8 WEEK DATE: 27th December 2012 CASE OFFICER: Mr Stuart Malcolm 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 seeks consent for the change of use of Church Walk from A1 (retail) to A4 (public house) use. There is broad local and national policy support for the establishment of a public house in this town centre location. In addition there are clear economic benefits of introducing investment and bringing back into use two empty retails units that have been vacant for some time. The proposal will have some impact on the neighbouring residents but this will not however be significant as there are a number of restrictive conditions that will help mitigate the impact of the development. The balance should therefore fall in supporting the application. As a result the proposal is deemed to comply with policies B1, B3, B23, E5 and S3 of the Mid Sussex Local Plan, policies CC6 and TC2 of the South East Plan and the requirements of the National Planning Policy Framework. RECOMMENDATIONS It is recommended that permission be granted subject to the conditions listed at Appendix A. SUMMARY OF REPRESENTATIONS 3 letters of representation received from 2 neighbours raising the following issues: Detrimental to all nearby local residents but particularly the immediately adjacent neighbours; No noise created by first floor of shops at present (used as stock rooms); The first floor area would generate significant noise; First floor could be used as bar/customer area; plant and machinery on roof will generate excessive noise/smells and worried about conditions on their use being inadequate; No significant noise problems at present but this will change; Use of outdoor area will significantly affect residents living above and nearby; Deliveries will also cause noise disturbance to rear; Will lead to increased pressure on unauthorised parking; Any positives will be outweighed by the negatives. 3

4 Other sites in town centre would be more suitable; Even tightest conditions would not mitigate impact of development and would be flouted anyway; Will increase antisocial behaviour during day and night; What are opening hours; Will there be a music licence; Noise problems away from site too that cannot be controlled; Adverse effects on existing businesses; Other public houses experience anti-social problems; What will alcohol consumption figures be; Principle of pub next to residential should not be accepted because it happens elsewhere; Deliveries are not currently 24 hrs a day as indicated by applicant; Do not have to accept noise and disturbance because of location in town centre; Events such as football matches will cause more noise; Introduction of Wetherspoons will do more harm than good to town centre. SUMMARY OF CONSULTATIONS MSDC Environmental Protection Concerns about the impact on neighbouring residential amenity but no objection subject to conditions MSDC Licensing Licence application will need to address four licensing objectives Sussex Police No objection TOWN COUNCIL OBSERVATIONS Recommend Refusal - it would be unneighbourly to surrounding residents in Church Walk on grounds of noise. Concern was expressed about the impact on the surrounding businesses. Introduction Application 12/03770/COU seeks planning consent for the change of use of Church Walk from A1 (retail) to A4 (public house) use. Relevant Planning History There is no relevant planning history on the application site. Site and Surroundings The application site consists of two empty, adjoining retail units that are located in the centre of Burgess Hill fronting on to the pedestrianised Church Walk. Each of the units has the main retail element at ground floor with ancillary storage and offices on the first floor above. There is a service yard for both properties at the rear. At ground floor level there are other commercial properties on either side, both of which are in retail use (Keymer Double Glazing to south east and Burgess Appliances to north west). At first floor level however, and above the neighbouring shops, there are residential properties that are immediately adjoining, so attached to, the application site. 4

5 Given the town centre location, there are a number of other commercial properties in the vicinity with several other examples of residential properties above. In planning policy terms the site falls within the built up area boundary of Burgess Hill and the area of Primary Shopping Frontage, both as defined by the Mid Sussex Local Plan. Application Details It is proposed to change the use of both of the two currently vacant retail units (A1 use) into a single public house (A4 use). The ground floor will include the main area for customer use with the bar/servery and seating located here. A covered terrace area is also included at the front that will be located within the existing confines of the building (i.e. not extending out into the pedestrianised area) and this 'outdoor' area has seating for 24 covers. Customer toilets will be located upstairs with disabled toilets located downstairs. The kitchen and storage areas will also be on the first floor. The submitted floor plans also show a 1000 sqft area that is marked as 'undeveloped' towards the front of the first floor area. The applicant has indicated that these areas are spaces which have no operational use, are left unimproved or may be used as storage. With regards to the opening hours the applicant has stated in the application forms that the opening hours are not known but this issue is discussed in the 'Residential Amenity' section of this report. Deliveries will be made via the rear where there is an existing delivery yard. Delivery times are also discussed in the same section of the report as the opening hours. List of Policies Mid Sussex Local Plan B1, B3, B23, E5, S3 Burgess Hill Town Centre Masterplan South East Plan CC6, TC2 National Policy National Planning Policy Framework (NPPF) Assessment (Consideration of Key Issues Principle It is first of all important to assess whether or not the principle of the development is acceptable. 5

6 As previously indicated the site in Church Walk is located in the town centre of Burgess Hill and in an area classified by the Mid Sussex Local Plan as an area of 'Primary Shopping Frontage'. Policy S3 of the Mid Sussex Local Plan is the specific policy that relates to such defined areas and this states that: "Within primary shopping frontages change of use to Class A2 financial and professional services or A3 food and drink uses will be permitted where: (a) (b) (c) (d) (e) (f) a clear predominance of Class A1 shop uses would be maintained; the nature of the proposed use would sustain and enhance the vitality and viability of the centre; the location and prominence of the proposed use would not lead to a significant break in the continuity of the shopping facilities; the development would not result in an over concentration of non-retail uses; the development would not create an unacceptable disturbance or nuisance; and the development would not result in an adverse impact on local residential amenity. Changes of use to B1a offices or residential use at ground floor level will be resisted." To avoid confusion it is worth noting that the above policy was written before the amendments to the Use Class Order that saw the A4 and A5 uses created and the public house use subsequently falling within the A4 category. With regards to criteria (a) it is reasonable to conclude that the area surrounding the application site in Church Walk and on the nearby Church Road would maintain a predominance of A1 shop uses. The change of use of two retail units to one public house will not affect this predominance and as such the current proposal complies with criteria (a) of Policy S3 of the Mid Sussex Local Plan. The two retail units subject to this application are currently vacant and have been empty for some time. Given the current economic circumstances and the fact that there are other empty units in the town centre, it is not known for how long they could potentially remain empty. The applicant has highlighted the benefits of approving the scheme in the conclusion to the submitted Design, Access and Planning Statement. In this supporting correspondence they state that the development will provide activity and vitality to this location, will represent a major financial investment and will create up to 50 full and part time jobs. It is not the role of the planning system to regulate competition so the impacts on other local businesses cannot be given significant weight although this issue was highlighted in the representations. 6

7 In light of these points, and given the economic benefits of the proposal, the application complies with criteria (b) of Policy S3 in that the nature of the proposed use would sustain and enhance the vitality and viability of the town centre. Criteria (c) and (d) of Policy S3 are broadly similar to criteria (a). Due to the large numbers of surrounding shops in this case there will not be a significant break in the continuity of shopping facilities and there will be not be an over-concentration of nonretail uses. Criteria (e) and (f) of this policy will be discussed in the next section as they concern issues related to residential amenity. Based on the above points it can reasonably be concluded that the proposal complies with criteria (a), (b), (c) and (d) of Policy S3 of the Mid Sussex Local Plan. There is also broad support contained within the NPPF for such development in the town centre. Chapter Two of the NPPF, entitled 'Ensuring the Vitality of Town Centres', states that local planning authorities "should recognise town centres as the heart of their communities and pursue policies to support their viability and vitality". Furthermore, within Chapter One of the NPPF (Building a Strong, Competitive Economy), paragraph 19 states that "The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. In addition to this there is also recognition within the NPPF about the important role public houses can play as a community facility. Paragraph 70 (Chapter Eight: Promoting Healthy Communities) states that to deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should: -plan positively for the provision and use of shared space, community facilities (such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments;" The Burgess Hill Masterplan also offers support for a proposal such as this. Objective 4 of this supplementary planning document is "To provide high quality and mixed use development within the town centre that is a more efficient use of land and increases vitality and diversity, including the provision of affordable housing to meet the needs of local residents." One of the 'Development Guidance' points to help meet this objective states that A varied mix of food and drink establishments is encouraged to ensure vitality for the town, although the safeguarding of residential amenity will be required. 7

8 Taking into account the considerations listed above officers are of the view that the principle of the development is acceptable as it accords with local and national planning policies and that significant weight should be given to the economic benefits of the proposal as a result of bringing back into use two empty units within the town centre. Residential Amenity Bearing in mind the comments and policies highlighted above, the impact on neighbouring residential amenity is clearly a very important issue. In this case it is also a balanced one. There are residential neighbours either side of the application site at first floor level and these are the properties that are most likely to be affected by the development. There are though other residential properties elsewhere in the vicinity above commercial units at ground floor. Criteria (e) and (f) of Policy S3 are set out in the preceding section and these relate to potential noise and disturbance and residential amenity. Other policies of the Mid Sussex Local Plan are though relevant to the assessment of this particular issue. Policy B3 states that Proposals for new development, including extensions to existing buildings and changes of use, will not be permitted if significant harm to the amenities of nearby residents is likely to be created due to noise and disturbance; loss of privacy; overlooking; reduction in sunlight and daylight; and reduction in outlook. Policy B23 states that Proposals for new developments, including roads, should be designed, located and controlled to minimise the impact of noise on neighbouring properties and the surrounding environment in order to protect the environment and residential amenity. Applicants may be required to submit a noise impact study or to assess the effect of an existing noise source upon the development proposed. Developments likely to generate significant levels of noise will only be permitted where it is satisfied that appropriate noise attenuation measures will be incorporated which would reduce the impact on adjoining land-uses, existing or proposed to acceptable levels. Particular attention will be given to the impact of noise generating developments within a Conservation Area, on a Listed Building and outside the builtup area. Noise-sensitive development will not be permitted in close proximity to existing land uses (or programmed development) generating high levels of noise unless adequate sound insulation measures are incorporated within the development. To help assess the impact of the development on the neighbouring residents officers in Environmental Protection have been consulted on the merits of the scheme and in particular the potential noise and disturbance for the neighbours. 8

9 The Environmental Protection Officer has assessed the application and highlighted a number of issues associated with the proposed use that have the potential to cause disturbance to neighbouring residential amenity. The following comments from the Environmental Protection Officer highlight the potential issue in bold with their comments/assessment following on: Customer and staff noise from downstairs - clearly the interior of a pub can be noisy, particularly late at night. Without an acoustic survey it is difficult to be sure just how much of this noise would be audible in the neighbouring premises on the floor above. Noise issues could be addressed to a degree by restricting hours and/or installing soundproofing materials via planning conditions. Customer and staff noise from the first floor - plans show that this floor will house the kitchen, customer toilets and an "undeveloped" area. Without an acoustic survey it is difficult to know how much of the noise from the kitchen and toilets would be audible in the neighbouring premises on the same floor and the floor above. Soundproofing could help and so could restricting hours of use of the kitchen and restricting the use of the undeveloped area via planning conditions. Noise and odour from plant and machinery (eg condensers, extract fan) - This has the potential to disturb, particularly at night and during the Summer time. I believe that this could be adequately controlled through planning conditions setting acceptable limits. Noise from deliveries/use of the service area - this could be adequately controlled by a condition restricting delivery hours and "bottling out" hours. Noise from covered terrace area - the noise generated by customers in this area is likely to be audible to residents in neighbouring flats. This can be reduced by restricting the hours during which drinks can be taken outside and during which tables and chairs are set up. The agent has indicated that 2100hrs would be an acceptable time at which to curtail these activities. Noise from customers smoking in the street or the covered terrace - this is likely to be problematical. People will congregate outside to drink smoke and "chat". This combination can be very noisy as people often tend to get louder and louder to be heard above the hubbub. Noise at street level can be amplified and exacerbated by the canyon effect of the local topography to the extent where it appears louder at first and second floor premises and is therefore likely to disturb residents living nearby. Noise from customers smoking outside can be very difficult to control, and in this particular location the noise will travel. Given that smokers will be outside the premises until after closing time, this problem is a thorny one. It may require restrictions on opening hours in order to protect the amenity of these residents. It should also be noted that an extra late night venue will increase the amount of late night customers travelling between venues and the noise associated with this. The Environmental Protection Officer concludes his comments by stating that "people living in a town centre shopping area cannot expect the same levels of peace and quiet as those in residential or rural areas, but this should not give 'carte blanche' to business to create as much noise as they wish without constraint. 9

10 The Council has an obligation to consider the impact of the introduction of any potential noise source upon residents already living in the area". The Environmental Protection Officer clearly has concerns over the potential impact on neighbouring residential amenity. However, no objection is raised and a number of conditions aimed at mitigating the impact of the development have been suggested. These conditions include: - Restricting hours of use of outdoor area - Restricting hours of use the whole premises - Odour control details - Soundproofing of plant and machinery - Restricting delivery hours - Soundproofing internally to protect immediate neighbours - Restricting glass disposal - Restrictions on use of 'undeveloped' area Sussex Police have also been consulted and provided comments that are set out in full in Appendix B. They have stated however that: "The National Planning Policy Framework (NPPF) demonstrates the governments 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. In view of the nature of this application I have consulted with colleagues from the local Neighbourhood Policing Team (NPT) and Licensing Unit. I have been satisfied that as a change of use will require an application for a new Premises Licence, appropriate conditions will be applied to ensure compliance with the licensing objectives of: -The prevention of crime and disorder. -Public safety. -The prevention of public nuisance. -The protection of children from harm. Accordingly I advise that Sussex Police have no objection to consent and will maintain continuous engagement with the management and Designated Premises Supervisor (DPS)." There is therefore no objection from either Environmental Protection Officers or Sussex Police to the proposal. MSDC Licensing department have confirmed that a licence will obviously be required and that the applicant will have to address the four licensing objectives of: -Prevention of Crime and Disorder -Prevention of Public Nuisance -Promotion of Public Safety -Prevention harm to children and young persons. 10

11 If approved, this is likely to contain a number of licensing conditions to help meet the above objectives. With regards to the impact on neighbouring amenity the applicant has submitted a further supporting statement, based on the concerns raised in the representations, that is available to read in full on the planning file (dated 20th December 2012). This correspondence states, amongst other items, that there will be no amplified music of any kind on the premises, no themed nights, no all you can drink offers and there will be no drink related sporting evenings. The company's Code of Conduct for Responsible Retailing has also been submitted. This Code sets out the operational procedures that the company have put in place to ensure they are actively promoting the four licensing objectives; Prevention of Crime and Disorder, Preservation of Public Safety, Prevention of Public Nuisance and Protection of Children from Harm. Wetherspoon's state that at all times they operate to ensure that their commercial imperatives do not override the core values set out in the Code. The local planning authority can only refuse a planning application on residential amenity grounds if there is found to be significant harm caused to the neighbours (see Policy B3 above). The nature of the use is such that there will be some impact on the neighbours but the question is what degree of impact this will be. As indicated, the issue about the impact on neighbouring residential amenity is a balanced one. However, given that there is no objection from Environmental Protection or Sussex Police, it cannot reasonably be concluded that the impact on the neighbouring residents will be significant. There are a number of restrictive conditions put on the use of the site aimed at protecting residents and there are identified economic benefits. As a result the balance in this case should fall on supporting the scheme. Highways, Access and Parking There is no parking associated with the public house. Given its use and its town centre location no such parking is deemed necessary. Delivery vehicles will use the existing delivery entrance at the rear (subject to timing restrictions) and this is also deemed acceptable in principle. There are therefore no highways, access or parking issues that would result in this application being refused. Design and Character of the Area The main design changes relate to the front façade. As indicated above this will be altered from the two existing shop fronts to facilitate a new single entrance and an outdoor seating area which is to be introduced. It is important to stress that this seating area will not extend out on to the street but is within the confines of the existing building. There are no design changes that would be out of keeping with the character of the surrounding area in this town centre location. Other Issues All the other issues raised during the consultation period have been taken into account and these other issues are either considered not to warrant a refusal of permission, are items that could be dealt with effectively by planning conditions or other legislation or are not even material planning considerations. 11

12 Conclusion There is broad local and national policy support for the establishment of a public house in this town centre location. In addition there are clear economic benefits of introducing investment and bringing back into use two empty retails units that have been vacant for some time. The proposal will have some impact on the neighbouring residents but this will not however be significant as there are a number of restrictive conditions that will help mitigate the impact of the development. The balance should therefore fall in supporting the application. As a result the proposal is deemed to comply with policies B1, B3, B23, E5 and S3 of the Mid Sussex Local Plan, policies CC6 and TC2 of the South East Plan and the requirements of the National Planning Policy Framework. Time Limit 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-occupation conditions 2. Soundproofing (Building): Operation of the site as an A4 premises shall not commence until a scheme for protecting the neighbouring residential units from internal noise sources on both floors has been submitted to and approved by the local planning authority and subsequently implemented. The scheme shall have regard to the principles and noise levels contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings and BS 8233:1999 Sound Insulation and Noise Reduction for Buildings. Reason: to protect the amenity of local residents. 3. Odour control: The development shall not be occupied until measures have been implemented in accordance with a scheme submitted to and approved in writing by the Local Planning Authority to prevent odour from operational activities at the Restaurant on site affecting neighbouring residents. The scheme shall have regard to the principles contained within Defra's 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'. Reason: to protect the amenity of neighbouring residents from odour. 12

13 4. Soundproofing (Plant & Machinery): All plant and machinery shall be enclosed with soundproofing materials and/or mounted in a way which will minimise transmission of structure-borne and airborne sound to neighbouring residential properties in accordance with a scheme to be first submitted to and approved in writing by the Local Planning Authority. The applicant shall provide evidence that all plant & machinery has obtained a sound level of 10dB below the background noise level (LA90), one metre from the boundary of neighbouring residential dwellings. Reason: to protect the amenity of neighbouring residents from noise. Post-occupation monitoring/management conditions 5. Use of the outdoor/covered terrace seating/dining area for consumption of food or beverages shall not be permitted outside of the following hours: hrs. All tables and chairs to be removed from this area by Reason: to protect the amenity of local residents. 6. Hours of Use: Use of the premises shall be limited to the following times: Monday to Thursday: hrs; Friday and Saturday: hrs Sunday & Public/Bank holidays: hrs. Reason: to protect the amenity of local residents. 7. Deliveries hours: No deliveries or collections shall take place outside the following hours: Monday to Saturday 0730 to 2000; Sunday and Public/Bank holidays 08:00 to 18:00 Reason: to protect the amenity of local residents. 8. The area of the first floor on the submitted plans marked "undeveloped" shall not be used for any purpose other than storage without the written prior agreement of the LPA. Reason: to protect the amenity of local residents. 9. No glass disposal or "bottling out" shall be carried out outside of the following hours: Monday to Friday 0800 to 2000; Saturday, Sunday and Bank Holidays 0900 to Reason: to protect the amenity of local residents. 13

14 INFORMATIVES 1. You are advised that the District Council determined this application on the basis of the following drawings: PL-01 PL A 07 K Proposed roof layout K Proposed first floor 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 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. APPENDIX B CONSULTATIONS MSDC Environmental Protection I have considered this application carefully, and I have a number of concerns regarding the likely impact on the neighbouring residential units. These units are located at first and second floor levels on either side of the proposed public house, as well as opposite. Customer and staff noise from downstairs - clearly the interior of a pub can be noisy, particularly late at night. Without an acoustic survey it is difficult to be sure just how much of this noise would be audible in the neighbouring premises on the floor above. Noise issues could be addressed to a degree by restricting hours and/or installing soundproofing materials via planning conditions. 14

15 Customer and staff noise from the first floor - plans show that this floor will house the kitchen, customer toilets and an "undeveloped" area. Without an acoustic survey it is difficult to know how much of the noise from the kitchen and toilets would be audible in the neighbouring premises on the same floor and the floor above. Soundproofing could help and so could restricting hours of use of the kitchen and restricting the use of the undeveloped area via planning conditions. Noise and odour from plant and machinery (eg condensers, extract fan) - This has the potential to disturb, particularly at night and during the Summer time. I believe that this could be adequately controlled through planning conditions setting acceptable limits. Noise from deliveries/use of the service area - this could be adequately controlled by a condition restricting delivery hours and "bottling out" hours. Noise from covered terrace area - the noise generated by customers in this area is likely to be audible to residents in neighbouring flats. This can be reduced by restricting the hours during which drinks can be taken outside and during which tables and chairs are set up. The agent has indicated that 2100hrs would be an acceptable time at which to curtail these activities. Noise from customers smoking in the street or the covered terrace - this is likely to be problematical. People will congregate outside to drink smoke and "chat". This combination can be very noisy as people often tend to get louder and louder to be heard above the hubbub. Noise at street level can be amplified and exacerbated by the canyon effect of the local topography to the extent where it appears louder at first and second floor premises and is therefore likely to disturb residents living nearby. Noise from customers smoking outside can be very difficult to control, and in this particular location the noise will travel. Given that smokers will be outside the premises until after closing time, this problem is a thorny one. It may require restrictions on opening hours in order to protect the amenity of these residents. It should also be noted that an extra late night venue will increase the amount of late night customers travelling between venues and the noise associated with this. Naturally, people living in a town centre shopping area cannot expect the same levels of peace and quiet as those in residential or rural areas, but this should not give 'carte blanche' to business to create as much noise as they wish without constraint. The Council has an obligation to consider the impact of the introduction of any potential noise source upon residents already living in the area. Please find my comments attached. If you or the applicant wish to discuss my comments further, please do not hesitate to contact me: Environmental Protection has no objection to this application subject to: 15

16 Conditions: 1/ Use of the outdoor/covered terrace seating/dining area for consumption of food or beverages shall not be permitted outside of the following hours: hrs. All tables and chairs to be removed from this area by Reason: to protect the amenity of local residents. 2/. Hours of Use: Use of the premises shall be limited to the following times: Monday to Thursday: hrs; Friday and Saturday: hrs Sunday and Public/Bank holidays: hrs. Reason: to protect the amenity of local residents. 3/. Odour control: The development shall not be occupied until measures have been implemented in accordance with a scheme submitted to and approved in writing by the Local Planning Authority to prevent odour from operational activities at the Restaurant on site affecting neighbouring residents. The scheme shall have regard to the principles contained within Defra's 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'. Reason: to protect the amenity of neighbouring residents from odour. 4/. Soundproofing (Plant & Machinery): All plant and machinery shall be enclosed with soundproofing materials and/or mounted in a way which will minimise transmission of structure-borne and airborne sound to neighbouring residential properties in accordance with a scheme to be first submitted to and approved in writing by the Local Planning Authority. The applicant shall provide evidence that all plant & machinery has obtained a sound level of 10dB below the background noise level (LA90), one metre from the boundary of neighbouring residential dwellings. Reason: to protect the amenity of neighbouring residents from noise. 5/. Deliveries hours: No deliveries or collections shall take place outside the following hours: Monday to Saturday 0730 to 2000; Sunday and Public/Bank holidays 08:00 to 18:00 Reason: to protect the amenity of local residents. 6/. Soundproofing (Building): Operation of the site as an A4 premises shall not commence until a scheme for protecting the neighbouring residential units from internal noise sources on both floors has been submitted to and approved by the local planning authority and subsequently implemented. The scheme shall have regard to the principles and noise levels contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings and BS 8233:1999 Sound Insulation and Noise Reduction for Buildings. 16

17 Reason: to protect the amenity of local residents. 7/. The area of the first floor on the submitted plans marked "undeveloped" shall not be used for any purpose other than storage without the written prior agreement of the LPA. Reason: to protect the amenity of local residents. 8/. No glass disposal or "bottling out" shall be carried out outside of the following hours: Monday to Friday 0800 to 2000; Saturday, Sunday and Bank Holidays 0900 to 1800 Reason: to protect the amenity of local residents. MSDC Licensing When Wetherspoons apply for their licence they will have to address the four licensing objectives of : Prevention of Crime and Disorder Prevention of Public Nuisance Promotion of Public Safety Prevention harm to children and young persons. The application will be subject to a 28 consultation period. The public and nine statutory* bodies can make representations. The statutory bodies include, Police, Fire Service, Environmental Health, Planning, health and safety, Licensing Authority, Health Authority, Children's Protection board. If there are no reps or all parties agree conditions then the licence will be issued under delegated authority. If there are reps (objections) that cannot be agreed upon the matter will be determined by a Committee. Sussex Police Thank you for your letter of 13th November 2012, advising me of an application for change of use at the above location, for which you seek comment from a crime prevention viewpoint. The National Planning Policy Framework (NPPF) demonstrates the governments 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. In view of the nature of this application I have consulted with colleagues from the local Neighbourhood Policing Team (NPT) and Licensing Unit. I have been satisfied that as a change of use will require an application for a new Premises Licence, appropriate conditions will be applied to ensure compliance with the licensing objectives of:- 17

18 -The prevention of crime and disorder. -Public safety. -The prevention of public nuisance. -The protection of children from harm. Accordingly I advise that Sussex Police have no objection to consent and will maintain continuous engagement with the management and Designated Premises Supervisor (DPS). I thank you for allowing me the opportunity. The Safer Places document from the ODPM, (2004) offers a good practice guide for the creation of well designed and safe places through the planning system. The Crime & 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. 18

19 Albourne 2. 12/03966/FUL LAND SOUTH OF SOFTECH HOUSE LONDON ROAD ALBOURNE WEST SUSSEX CONSTRUCTION OF FOUR NEW LINK-DETACHED RESIDENTIAL DWELLING ON LAND TO THE SOUTH OF SOFTECH HOUSE MR MANOJ AGRAWAL GRID REF: EAST NORTH POLICY: Departure from the Development Plan / Countryside Area of Dev. Restraint / Area of Special Control of Adverts / ODPM CODE: Minor Dwellings 8 WEEK DATE: 16th January 2013 CASE OFFICER: Mr Andrew Watt 19

20 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 to construct 4 no. dwellings on land to the south of Softech House - arranged as 2 link-detached 4-bed dwellings over 2.5-storeys and 2 link-semidetached 3-bed dwellings over 2-storeys. The site lies within a Countryside Area of Development Restraint, and therefore local plan policy C1 applies. This policy seeks to resist proposals for development in the countryside, particularly those which would extend the built-up area boundaries beyond those shown. The application is thus a departure from policy. It is considered that this proposal is sustainably located and would have no significantly harmful impact on the countryside setting, due to being viewed in context with existing built development on three sides. As such, it is felt that the site is suitable for residential development, so would meet the latest government guidance. The detailed design and layout of the scheme are also considered acceptable. Other matters, such as landscaping, car parking, cycle and refuse storage facilities, highways, sustainability, biodiversity and construction can be dealt with by condition. As such, it is considered the proposed development would comply with paragraphs the National Planning Policy Framework, policies SP3, CC1, CC2, CC4, NRM11, W2, T4 and H5 of the South East Plan and policies G2, C5, B1, B3, B4, B7, T4, T5, T6, CS13 and CS18 of the Mid Sussex Local Plan and therefore that it 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 - too dense; detrimental to outlook; excess noise and disturbance; complete loss of privacy; look like town houses not rural dwellings; boundary must remain. 1 letter sent via an unreadable electronic format. Case officer requested an alternative format, and not yet received. 20

21 SUMMARY OF CONSULTATIONS MSDC Contaminated Land Officer: Informative recommended. MSDC Drainage Officer: Condition requested. MSDC Environmental Health: No objection, subject to condition and informative. MSDC Street Naming & Numbering Officer: Informative requested. MSDC Tree and Landscape Officer: No objection. WSCC Highways: No objection, subject to conditions. PARISH COUNCIL OBSERVATIONS AE/12/03966/FUL Construction of four new link-detached residential. APC is supportive of residential development on this site, but objects to this application on the following grounds. The mix of housing size/type and the lack of an affordable element are contrary to the policies of APC's emerging Neighbourhood Plan. The height of the two four bedroom townhouse style houses is unacceptable given the proximity to the neighbouring houses to the west and because of the inclusion of "velux" type windows to the upper floors which at their given height will allow unacceptable levels of overlooking of these houses despite the screening to the western boundary. For information, documentation submitted with the application states that the route of the western boundary is uncertain. Albourne Parish Council can help here - the old chain link fence is still almost totally present and runs along the western boundary of the site (from north to south). This boundary runs parallel to the eastern boundaries of numbers 6 and 7, The Twitten. The two metre strip between these two boundaries consists of a narrow footpath (and associated hedge-bank) which leads from the Twitten through MSDC owned woodland to the Albourne Recreation Ground. The hedge-bank is shown in the applicant's arboricultural report as H1 and is acknowledged in other parts of the applicant's documentation as lying outside the development site, forming important screening, and that it will be protected. 21

22 Introduction Full planning permission is sought for the construction of 4 no. dwellings on land to the south of Softech House (2 x 3-bed and 2 x 4-bed). Relevant Planning History In relation to the Softech House site as a whole: In 1993, planning permission was granted for the change of use of the building from a public house to offices (AE/021/93). In September 1995, an application for outline planning permission was withdrawn for an extension to provide 300 sq m of office space (AE/017/95). In January 1996, outline planning permission was refused for an extension to provide 272 sq m of office floorspace on the south side of the building (AE/021/95). In May 1997, outline planning permission was granted for an extension to provide 193 sq m of office floorspace (AE/005/97). A reserved matters application was first refused in August 2000 (00/1098/REM) then approved in January 2001 (00/02535/REM). In July 2002, planning permission was refused for a single storey extension to provide lecture rooms and accommodation for delegates (6 bedrooms) with ancillary parking (02/00544/FUL). In August 2003, planning permission was refused for a change of use and extension to garages to form staff facilities (03/01762/FUL). An appeal was lodged against this decision and was allowed in July The Inspector was satisfied that the proposed additional floorspace of 420 sq m could be considered as small scale and that the extension was felt to be essential to the operation of the business. Furthermore, the Inspector held that the increase in 10 additional car parking spaces for this extension was reasonable. This consent was never implemented and has now lapsed. In December 2003, planning permission was granted for a change of use and extension to garages to form staff facilities (03/02719/FUL). In November 2003, planning permission was refused for a single storey extension to provide lecture rooms and offices together with ancillary car parking (03/02725/FUL). In May 2004, planning permission was granted for a modification of application AE/03/02719/FUL for a small flat roof extension to the staff facilities (04/00578/FUL). In November 2004, planning permission was granted for a proposed amendment to the layout of the extension approved under AE/03/1762/FUL (04/02155/FUL). This has not been implemented and lapsed in November In January 2005, planning permission was granted for the demolition of existing garage and construction of a staff facilities building (04/02976/FUL). 22

23 In July 2005, planning permission was granted for a hipped roof entrance lobby to the staff facilities building (05/01138/FUL). In November 2009, planning permission was refused for a 3-storey side extension (to the south) to provide an additional 1065 sq m of office floorspace (09/02496/FUL). The reasons for refusal were as follows: 1) The proposed extension would not be 'small scale' in this countryside location and hence would be contrary to policies C1 and E7 of the Mid Sussex Local Plan. 2) The scale, orientation and juxtaposition of the proposed extension in relation to the existing building would be inappropriate and harmful to the character of the existing building and to the countryside setting, contrary to policies C1 and B1 of the Mid Sussex Local Plan. 3) The siting of the proposed extension close to the western and southern boundaries would have an adverse impact on the trees there, contrary to policy B7 of the Mid Sussex Local Plan. 4) The proposal fails to satisfy policy G3 of the Mid Sussex Local Plan and policy CC7 of the South East Plan in respect of the infrastructure required to serve the development. An appeal was lodged against this decision and dismissed in June In January 2011, planning permission was refused for a 2-storey side extension to the existing building on its southern side, to provide 600 sq m of additional office (B1) floorspace (10/03468/FUL). The reasons for refusal were as follows: 1) The proposed extension would not be 'small scale' in this countryside location and hence would be contrary to policies C1 and E7 of the Mid Sussex Local Plan and the provisions of Planning Policy Statement 4: Planning for Sustainable Economic Growth. 2) The scale of the proposed extension in relation to the existing building would be inappropriate and harmful to the character of the existing building and to the countryside setting. The lack of an additional copper dome on the north corner would lead to a loss of symmetry in relation to the existing building and the siting of the extension further forward of the main building and close to the entrance gates would be further harmful to the street scene, due to its prominence and height, and as such the proposal would be contrary to policy B1 of the Mid Sussex Local Plan. An appeal was lodged against this decision and dismissed in October

24 Site and Surroundings The former Kings Head Public House is prominently located, to the west of the London Road (B2118), opposite its junction with Albourne Road. The building is of 1930s construction, incorporating a domed roof, and is a notable and positive feature in the landscape and in the approach westwards on Albourne Road from Hurstpierpoint. The 2-storey building, which includes an additional storey in the copper dome plus a small basement, is characterised by its symmetry (which is generally intact today, especially to the front) but has a rear extension to the southern wing and an outbuilding to the rear. It has been used as offices and a training centre since around 1993 by Softech Global Ltd, who are the current applicants. The application site occupies the southern third of the overall Softech House plot and is relatively flat with an established vegetative screening to the southern and western boundaries. To the east lies the B2118 London Road (former A23). A public footpath forms the southern boundary of the site with residential properties on Leyfield beyond. Two storey dwellings on The Twitten are also situated to the west of the site, separated by a strip of woodland, which leads to the recreation ground that adjoins Softech House to the north. The Albourne village boundary has been drawn to exclude the site, so Softech House lies within a Countryside Area of Development Restraint, as defined in the Mid Sussex Local Plan. Application Details The application is to construct 4 no. dwellings on land to the south of Softech House - arranged as 2 link-detached 4-bed dwellings over 2.5-storeys and 2 link-semidetached 3-bed dwellings over 2-storeys. Each dwelling would have an integral single garage and additional car parking space in front, and two further car parking spaces would be provided in a communal turning area to the front, linking to the existing access to Softech House from London Road. Each dwelling will have its own rear garden with shed/cycle/refuse store, and some defensible space to the front. Materials will be a combination of brickwork, bargeboards, timber joinery and clay roof tiles. List of Policies National Policy National Planning Policy Framework (Mar 2012) - paragraphs 14, 17, 19, 32, 49, 56, 58, 93 and 96. South East Plan SP3 (urban focus and urban renaissance) CC1 (sustainable development) CC2 (climate change) CC4 (sustainable design and construction) NRM11 (development design for energy efficiency and renewable energy) W2 (sustainable design, construction and demolition) T4 (transport) H5 (housing design and density) 24

25 Mid Sussex Local Plan G2 (sustainable development) C1 (protection of the countryside) C5 (nature conservation) B1 (design) B4 (energy and water conservation) B7 (trees and development) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS13 (land drainage) CS18 (recycling facilities) 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; effect on neighbouring amenity; standard of accommodation; access, parking and highway safety; drainage; sustainability; biodiversity; and impact on trees. 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 17 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 19 states that: "The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system." 25

26 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 - and therefore this is a material consideration that must be taken into account in determining this proposal. The site lies within a Countryside Area of Development Restraint, and therefore local plan policy C1 applies. This policy seeks to resist proposals for development in the countryside, particularly those which would extend the built-up area boundaries beyond those shown. The application is thus a departure from policy. An appeal decision on land adjacent to 2 Church Lane in Albourne (July 2011) is highly relevant to this application. This site, too, stood adjacent to the built-up area of the village and the proposal for a new dwelling was refused by the council but allowed on appeal (ref: APP/D3830/A/11/ ). The council deemed the site to be unsustainably located; yet the Inspector disagreed, stating that the village was well served by public transport and local services, such as employment uses, recreation ground, primary school, village hall and church. He also determined that the development would have only a limited impact on the countryside character and gave weight to the council's shortfall in housing land supply. Subsequently in July 2012, the council granted planning permission for a residential development of 4 dwellings at Magnolia House, Henfield Road in Albourne (just to the north of this site) (12/01896/FUL). The council deemed the site to be well related to the built-up area boundary and reasonably sustainable in its location. Given these two recent decisions in the village, is considered that the site to the south of Softech House exhibits similar characteristics in terms of its wider countryside impact (i.e. it is considered that it would be viewed in context with existing built development on three sides), and is sustainably located in relation to village services and public transport links. As such, it is felt that the site is suitable for residential development, so would meet the latest government guidance. A focus of the Government's strategy since its election 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 the majority of which has not yet been enacted. However 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 and if permitted the Local Planning Authority will receive a New Homes Bonus as a result of this development. 26

27 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." Policy B1 of the Mid Sussex Local Plan promotes high quality design, construction and layout. The layout is considered to be acceptable, with the run of houses not breaching a building line between 8 Leyfield and Softech House, therefore the terrace would sit comfortably in the street scene, without dominating it unduly. Sufficient car parking space, turning areas, communal landscaping and private amenity space can be provided, which is in scale with the size of dwellings and surrounding areas. At 9.7m in height for the 4-bed houses (to the south) and 9.3m for the 3-bed houses (to the north), they would be in scale with Softech House, which has the dominant aspect onto London Road (particularly as it forms the axis with the junction to Hurstpierpoint). Overall, therefore, it is considered that the design of the dwellings, punctuated by the single garages, is acceptable in this location, and therefore the above policy and guidance would be met. 27

28 Impact on amenities of adjacent residents Policy B3 of the Local Plan aims to protect amenity. The main properties affected by the proposal would be 6 and 7 The Twitten and 8 Leyfield. 6 and 7 The Twitten are modern, 2-storey detached dwellings located in fairly modest plots and which back onto the site to the west, albeit separated by an informal strip of land owned by the County Council, which links The Twitten with the recreation ground further north. 8 Leyfield has an elevation facing onto The Twitten to the south, with a first floor dormer window facing the site. All these properties are screened to some degree from the site by fairly mature, deciduous vegetation. The minimum distance from 6 The Twitten to the nearest dwelling is 22.5m and from 7 The Twitten, this is 24m (both back to back relationships). This is considered to be an acceptable distance such that significant harm would not result to these properties in terms of overlooking or being overbearing. The distance to 8 Leyfield is between 8.5m and 10m, from side to rear. The properties would be separated by The Twitten and the new dwellings would be located to the north of the existing property. As such, it is not considered that this relationship would be an overbearing one. In respect of the overlooking, the side elevation of the end 4-bed house would have 2 first floor side windows and 1 second floor gable window. It is considered that these windows should be obscure glazed and fixed shut, to prevent a loss of privacy to these occupiers. Overall, therefore, it is considered that the proposed development would comply with the above local plan policy. Standard of Accommodation Internally, the proposed accommodation would be of sufficient standard to provide a good quality living environment for future occupiers. The entire scheme meets the council's adopted Dwelling Space Standards document, the minimum space standards being 93 sq m for 3-bed houses (93 sq m + garage is provided) and 111 sq m for 4-bed houses (134 sq m + garage is provided). There is sufficient spacing around all the buildings, with the houses all benefiting from their own private amenity space, which is of an adequate size in relation to the size of the houses. Access, parking and impact on 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." 28

29 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 officer has carried out a site visit and noted that the site has the benefit of an existing access, which joins onto that serving Softech House. No objection is raised to the arrangement, subject to a condition ensuring that a maximum achievable visibility splay to the south is provided, to improve the sight line. There is sufficient space for vehicles to turn on site, so that they can enter and leave the site in a forward gear. The proposed parking provision of 10 spaces (2 per dwelling, based on one driveway and one garage space, plus 2 more informal spaces) is considered acceptable. Conditions are recommended to ensure that this provision is implemented, as is the case with cycle storage (where 8 spaces are proposed). This would ensure compliance with the above policies and guidance. Drainage Paragraph 103 of the National Planning Policy Framework states: "When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that: - within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and - development is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems." Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained and does not cause flood risk to existing properties. The council's Drainage Engineer does not raise any objection to the proposal, and subject to implementing the scheme in compliance with the recommended condition, it is considered that policy CS13 of the Local Plan would be met by this proposal. 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." 29

30 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." Policies CC1, CC2, CC4, W2 and NRM11 of the South East Plan and 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. Brief details have been provided in this respect through a Sustainability Statement, specifying that the development will exceed the current Building Regulation requirements, use A-rated appliances and use aerated taps, dual flush WCs and water storage in the gardens. The scheme will achieve Code Level 3 of the Code for Sustainable Homes. These measures are considered to be satisfactory, and a condition is imposed to ensure that they are implemented accordingly, thus complying with these policies and guidance. Individual refuse and recycling facilities will be provided on site to serve these dwellings, to accord with policy CS18 of the Local Plan. 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, &c.) Regulations 1994 (as amended). Local Plan policy C5 requires proposals for development to minimise their impact on features of nature conservation importance. An Ecological Assessment and Reptile Survey have been conducted on behalf of the applicant and conclude that no rare or endangered plant species were identified on site, although the site was considered suitable to support reptiles, albeit a "low" population of grass snakes. Mitigation measures to ensure the welfare of the onsite reptile population is maintained have been provided. This means clearing the vegetation during October-November ideally, installing a reptile exclusion barrier/fence along the southern, eastern and western boundaries, cutting vegetation to a height of 10cm using hand tools only; and overseeing by an experienced ecologist. It is considered that these measures can be secured through condition, ensuring compliance with the above policies and legislation. 30

31 Impact on trees Policy B7 of the Local Plan seeks to retain trees as far as possible for their amenity value. An Arboricultural Report has been submitted and concludes that the tree loss associated with the development is minimal and will have no impact on the wider landscape and public amenity. The council's Tree and Landscape officer has raised no objection to this and therefore it is considered that the above policy would not be breached by this proposal. Conclusions It is considered that this proposal is sustainably located and would have no significantly harmful impact on the countryside setting, due to being viewed in context with existing built development on three sides. As such, it is felt that the site is suitable for residential development, so would meet the latest government guidance. The detailed design and layout of the scheme are also considered acceptable. Other matters, such as landscaping, car parking, cycle and refuse storage facilities, highways, sustainability, biodiversity and construction can be dealt with by condition. As such, it is considered the proposed development would comply with paragraphs the National Planning Policy Framework, policies SP3, CC1, CC2, CC4, NRM11, W2, T4 and H5 of the South East Plan and policies G2, C5, B1, B3, B4, B7, T4, T5, T6, CS13 and CS18 of the Mid Sussex Local Plan and therefore that it 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 a schedule and/or samples of materials and finishes to be used for external walls, windows 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 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 and no units of accommodation hereby approved 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. 31

32 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. 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 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. 7. No development shall be commenced until visibility splays of 2.4 metres by the maximum achievable to the south have been provided at the centre of the proposed site vehicular access on to London Road. This visibility splay 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 comply with policy T4 of the Mid Sussex Local Plan. 32

33 Construction phase 8. 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. 9. 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. 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 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. Pre-occupation conditions 11. The dwellings hereby approved shall not be occupied until covered, secure cycle parking spaces have been provided in accordance with plans to be submitted to and approved in writing by the Local Planning Authority. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 12. The dwellings hereby approved shall not be occupied until the vehicle parking and turning spaces have been constructed in accordance with a plan to be submitted to and approved in writing by the Local Planning Authority. These spaces shall thereafter be retained for their designated use. Reason: To provide adequate on-site car parking and turning space for the dwelling, and to comply with policy T4 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. 33

34 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. 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 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. The first and second floor side windows on the south elevation of the nearest 4-bed dwelling to The Twitten shall at all times be glazed with obscured glass, fixed to be non-openable. Reason: To protect the amenities and privacy of the adjoining properties and to accord with policy B3 of the Mid Sussex Local Plan. 16. 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 to the roofs of the dwellinghouses hereby approved shall be carried out without the specific grant of planning permission by the Local Planning Authority. Reason: In the interests of the residential amenities of the area, to comply with policy B3 of the Mid Sussex Local Plan. 17. The mitigation measures set out in the submitted Reptile Survey shall be implemented in full as part of this development. Reason: To ensure the habitat of protected species is not harmed, and in accordance with policy C5 of the Mid Sussex Local Plan. INFORMATIVES 1. You are advised that the District Council determined this application on the basis of the following drawings: 34

35 - Location Plan, Site Outline - Proposed Layout, Design and Access Statement, Planning Statement, Arboricultural Report, Reptile Survey, Extended Phase 1 Habitat and Bat Tree Assessment, CH479/004C, 005C, 006E and 007D received on 16 November CH479/002 received on 19 December 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. 3. The proposed development will require formal address allocation. You are advised to contact the Council's Street Naming and Numbering Officer before work starts on site. Details of fees and advice for developers can be found at or by phone on 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. 5. 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

36 APPENDIX B CONSULTATIONS MSDC Contaminated Land Officer: 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." MSDC Drainage Officer: 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 Health: 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. 36

37 If you require any further information on these issues, please contact Environmental Protection on MSDC Street Naming & 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 " MSDC Tree and Landscape Officer: No Objection. WSCC Highways: This application was flagged up on the Mid Sussex District Council RAG Report as amber; therefore a site visit was conducted on 12 December The proposal is for the erection of 2 x 3 bedroom dwellings and 2 x 4 bedroom dwellings on currently disused land that has the benefit of an existing access. The access to the site joins with another access to Softech House, to form the junction on to London Road. When on site it was observed that the visibility on to London Road was suitable for the proposed development. However a maximum achievable visibility splay to the south should be conditioned, as the hedge row that looks to be in control of the applicant could be cut back to improve the site line. It was noted that the traffic lights to the north act as a speed reducer to vehicles in the area. From inspection of the information and plans provided, there appears to be sufficient space for vehicles to turn on site, consequently being able to exit through the site gate and enter the junction on to London Road in the forward gear. The amount of proposed parking meets the requirements of a development of this size in this area; however the full amount should be located on the submitted plans for future reference. Based on the above comments, there would be no concerns raised to this application from a highway perspective, subject to the following conditions. 1) No development shall be commenced until visibility splays of 2.4 metres by the maximum achievable to the south have been provided at the centre of the proposed site vehicular access on to London Road. This visibility splay 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. 37

38 2) The dwellings, hereby approved, shall not be occupied until the vehicle parking and turning spaces have been constructed in accordance with a further 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 dwelling. 38

39 Burgess Hill 3. 12/04048/FUL KINGS HEAD 102 LONDON ROAD BURGESS HILL WEST SUSSEX DEMOLITION OF THE EXISTING PUBLIC HOUSE AND REDEVELOPMENT OF THE SITE TO PROVIDE 13 NEW DWELLINGS, COMPRISING 7 NO. 3 BED HOUSES AND 6 NO. 2 BED HOUSES WITH 26 GARAGE/CAR PARKING SPACES, ASSOCIATED LANDSCAPING AND CYCLE STORES (RE-SUBMISSION OF PLANNING APPLICATION 12/01738/FUL). B1 OFFICES LTD GRID REF: EAST NORTH POLICY: Major Development / In Built up Area / ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 27th February 2013 CASE OFFICER: Mr Andrew Watt 39

40 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 to demolish the existing vacant public house and replace with 13 dwellings arranged as 2-storey houses (7 x 3-bed and 6 x 2-bed), including 26 garages/car parking spaces. It is considered that the loss of the public house, whilst regrettable, can be supported. The use of the land for residential purposes is considered appropriate in this mainly residential area, and the layout and elevations of the proposed scheme is considered acceptable in all respects. Other matters, such as landscaping, site levels, car parking, cycle and refuse storage facilities, highways, sustainability and construction can be dealt with by condition, albeit some further information is awaited. As such, it is considered the proposed development would comply with paragraphs 14, 17, 19, 32, 49, 56, 58, 70, 93, 96, 103, 189, 203 and 204 of the National Planning Policy Framework, policies SP3, CC1, CC2, CC4, CC7, NRM11, W2, T4 and H5 of the South East Plan and policies G2, G3, B1, B2, B3, B4, B7, B9, B23, H2, H3, T4, T5, T6, CS7, CS13 and CS18 of the Mid Sussex Local Plan and therefore that it should be approved. 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, planning permission be granted subject to conditions set out in Appendix A. Recommendation B: If a satisfactory planning obligation has not been completed by 27 February 2013, the application should be refused at the discretion of the Head of Economic Promotion and Planning for the following reason: "The application fails to comply with policy CC7 of the South East Plan and policy G3 of the Mid Sussex Local Plan in respect of the infrastructure required to serve the development." SUMMARY OF REPRESENTATIONS None. 40

41 SUMMARY OF CONSULTATIONS MSDC Contaminated Land Officer: No comment to make. MSDC Drainage Officer: To be reported. MSDC Estates Officer: To be reported. Environment Agency: No comment to make. MSDC Environmental Health: No objection, subject to conditions. MSDC Leisure Officer: Proposal will attract a contribution towards local leisure infrastructure totalling 38,283. MSDC Street Naming & Numbering Officer: Informative requested. Southern Water: Condition and informative requested. MSDC Urban Designer: To be reported. WSCC Highways: No objection, subject to conditions. WSCC Infrastructure: Proposal will attract a contribution towards county infrastructure totalling 85,984. TOWN COUNCIL OBSERVATIONS Recommend Refusal - the Committee wished to see this historic building preserved for community use as part of a Neighbourhood Plan as it was a distinctive building and of historic importance as a coaching inn. The application would be overdevelopment of the site. Concern was expressed about visibility as cars entered and exited the development. Drainage issues needed to be resolved, particularly surface water drainage. 41

42 INFRASTRUCTURE REQUIREMENTS: - Mid Sussex District Council welcome specific recommendations with regard to Section 106 needs associated with this development. Should this application be approved the recommendations of the Planning Committee are as follow: - Enhancements to the Green Circle Network as set below: - Resurfacing of the path next to the play area off Blackstone Way and on to Public Right of Way 41BH; and, - New path across green space (MSDC land) into Stonefield Way and then onto green space onto London Road (A273). Introduction Full planning permission is sought for the demolition of the existing vacant public house and replace with 13 dwellings arranged as 2-storey houses (7 x 3-bed and 6 x 2-bed), including 26 garages/car parking spaces. Relevant Planning History A planning application for the same development was withdrawn in October 2012, due to the Highway Authority raising an objection to the scheme on the basis of insufficient visibility to the north - as a result of a 2m high wall being constructed to the side of 98 London Road. Site and Surroundings The 0.28ha site was formerly the Kings Head public house, a 2-storey premises with various extensions and an extensive car park (with 35 spaces) and a beer garden. It is currently vacant and fenced off. It is located within the built up area of Burgess Hill on the eastern side of London Road, and surrounded by residential dwellings to the north and south, mixed commercial and residential premises to the west and allotment gardens to the east. Application Details The application is to demolish the existing vacant public house and replace with 13 dwellings arranged as 2-storey houses, including 26 car parking spaces. Plots 1 and 2 will be located on the northern part of the site, being 3-bed semidetached houses. Plots 3-7 in the centre of the site are arranged as a terrace of 2 x 3-bed end-of-terraces and 3 x 2-bed mid-terraces. Plots 8 and 9 will be located in the south-east of the site, being 3-bed semi-detached houses. Plots will be located in the south-west of the site, arranged as a terrace of 2 x 3-bed end-ofterraces and 2 x 2-bed mid-terraces. All the properties will be set around a central square, with 2 separate garage blocks and 1 integral garage to Plot 9. Each dwelling will have its own rear garden with shed/cycle/refuse store, and some defensible space to the front. A total of 26 car parking spaces will be provided, whether in garages or as open parking. A single point of access will utilise the existing access, albeit narrowed. 42

43 A pedestrian link will be provided through the site, connecting London Road with Bridge Close to the east. Materials will be a combination of brickwork, tile hanging and roof tiles, with UPVC windows. The application is identical in all respects to planning application 12/01738/FUL. It has been re-submitted in consultation with the Highway Authority, following the improved visibility to the north, which was restricted due to a side wall being erected at 98 London Road - which has now been lowered from 2m to less than 1m for the first 1.2m nearest the highway. The plans therefore reflect the re-drawn sight lines of 2.4m x 31m visibility splays to the north, together with 2.4m x 59m to the south. List of Policies National Policy National Planning Policy Framework (Mar 2012) - paragraphs 14, 17, 19, 32, 49, 56, 58, 70, 93, 96, 103, 189, 203 and 204 South East Plan SP3 (urban focus and urban renaissance) CC1 (sustainable development) CC2 (climate change) CC4 (sustainable design and construction) CC7 (infrastructure and implementation) NRM11 (development design for energy efficiency and renewable energy) W2 (sustainable design, construction and demolition) T4 (transport) H5 (housing design and density) Mid Sussex Local Plan G2 (sustainable development) G3 (infrastructure requirements) B1 (design) B2 (residential estate developments) B3 (residential amenities) B4 (energy and water conservation) B7 (trees and development) B9 (crime prevention and design) B23 (noise pollution) H2 (density and dwelling mix) H3 (infill within built-up areas) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS7 (retention of public houses) CS13 (land drainage) CS18 (recycling facilities) 43

44 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; effect on neighbouring amenity; standard of accommodation; access, parking and highway safety; drainage; sustainability; and infrastructure contributions. 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 17 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 19 states that: "The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system." 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 - and therefore this is a material consideration that must be taken into account in determining this proposal. Policy CS7 of the Local Plan states that proposals for a change of use or redevelopment which would result in the loss of a public house will not be permitted other than in exceptional circumstances where a change of use to another community use or residential use will be permitted provided that: 44

45 - it can be shown that the existing use is no longer viable; and - the proposal would not have an unacceptable impact on the amenity of the area. The loss of the public house has been addressed by supporting information, which outlines that the public house was reducing its turnover year on year since at least 2007 (reducing its profit from 43k in 2007 to a loss of 38k in 2011) and required significant investment in order to be profitable again. In addition, the premises was marketed (albeit on a limited basis) with no interest received. The Investment Review concludes that the location of the building offers insufficient trade potential to warrant investment and any refurbishment of the premises (to operate as a community 'local') would be 'very high risk', with potential investors believed to face considerable opposition from any money lenders for such a project. Attention must be drawn to paragraphs 70 and 189 of the National Planning Policy Framework. Paragraph 70 states: "To deliver the social, recreational and cultural facilities and services the community needs, planning policies and decisions should: - plan positively for the provision and use of shared space, community facilities (such as local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments; - guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community's ability to meet its day-to-day needs; - ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and - ensure an integrated approach to considering the location of housing, economic uses and community facilities and services." Paragraph 189 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. Given the overarching need to secure sustainable development, which runs through the NPPF, it is considered that the loss of the public house is acceptable in principle, especially given the increasing lack of patrons and the presence of alternative public houses in the town. It is also considered that the principle of residential development on this site in its place is also supported by national policy and up-to-date development plan policy. 45

46 A focus of the Government's strategy since its election 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 the majority of which has not yet been enacted. However 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. 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." Policy B1 of the Mid Sussex Local Plan promotes high quality design, construction and layout and policy H3 encourages good quality infill development within built-up areas. Policy B2 seeks to provide good quality residential estate development. The demolition of the public house, while regretted, would not require planning permission in itself and is not listed. Only the method of demolition requires the consent of the Local Planning Authority. Therefore the council does not have the power to prevent this demolition, in spite of comments from the Town Council. 46

47 The layout is considered to be acceptable, as all the houses would focus on the central courtyard, which also allows an improved pedestrian link to go through the site. The parking spaces meet the usual standards of 2.4m x 4.8m, and this arrangement allows for adequate visitor parking spaces. While car barns would ensure that the spaces are used for parking, rather than storage, garages on their own merits are not unacceptable. The proximity of Plot 10 to the carriageway ideally could be set back, but is not considered to be so unacceptable as to warrant a refusal of this entire scheme on this basis alone. This is also considered to be the case with the critique of the scheme in terms of its elevations and other minor details, including standard house types. Overall, therefore, it is considered that the proposed scheme would meet the above guidance and policies. Impact on amenities of adjacent residents Policy B3 of the Local Plan aims to protect amenity. The main properties affected by the proposal would be 96 and 98 London Road to the north, Bridge Close to the east and 106A London Road and 182 Leylands Road to the south. The side elevation of 98 London Road would be sited around 3.5m away from proposed Plot 1 at its nearest point. The former has a lean-to on the ground floor and a first floor landing window facing the site. It is not considered that the siting of Plot 1 would have a harmful impact on the amenities of this property. The rear garden of this property is already enclosed by a 1.8m close boarded fence, so the proposed garage block (separated by the footpath) would not be overbearing on the amenities of the garden of this or 96 London Road or to 48 Bridge Close to the east (some 14.6m away). Plot 13 would be located 4.6m away from the nearest point of the side elevation of 106A London Road. There are no side windows in this property and a very good boundary screen. However, it is considered prudent to ensure that the first floor bathroom window to the side of Plot 13 is obscure glazed and fixed shut, to avoid any close overlooking of the narrow side garden area of this neighbouring property. The rear elevation of Plots 8 and 9 would be located some 8-9.5m from the rear boundary of 182 Leylands Road and the house itself is set a further 25m back. As such, it is not considered that the amenities of these properties would be significantly harmed by this proposal in terms of overlooking or being overbearing, and hence it is considered that policy B3 would be met by this proposal. Standard of accommodation Internally, the proposed accommodation would be of sufficient standard to provide a good quality living environment for future occupiers. The entire scheme meets the council's adopted Dwelling Space Standards document, the minimum space standards being 71 sq m for 2-bed houses and 93 sq m for 3-bed houses: Plots 1, 8 and 9 (3-bed) 95 sq m Plots 2, 3, 7 and 10 (3-bed) 97 sq m Plots 4, 5, 6, 11, 12 and 13 (2-bed) 77 sq m There is sufficient spacing around all the buildings, with the houses all benefiting from their own private amenity space, which is of an adequate size in relation to the size of the houses. 47

48 Access, parking and impact on 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. The access to the development will be as existing, albeit upgraded, with a 2.4m x 59m visibility splay to the south (which could be up to 77m) and a 2.4m x 31m visibility splay to the north. London Road at this point is a 30mph road, and there is a 'Puffin' type controlled pedestrian crossing some 20m south of the site entrance. A Stage 1 Road Safety Audit has been submitted to accompany this application, together with a Designer's Response. The Highway Authority are satisfied with this information. 26 garage and car parking spaces are to be provided as part of this scheme. This has been allocated as 2 spaces to each 3-bed dwelling and 1 space to each 2-bed dwelling, together with 6 visitor spaces. In addition, each dwelling will have its own shed which can be used as a cycle store. It is therefore considered that this arrangement meets the council's maximum parking standards (of 2 car spaces per dwelling and 2 cycle spaces per dwelling for both 2- and 3-bed units), given its relatively sustainable location. A Total Access Demand (TAD) contribution of 7,400 towards mitigating the impacts of the proposal upon the provision of additional highways infrastructure is required and discussed below, in conjunction with other requirements. There is a pedestrian footway connecting London Road to Bridge Close to the east, adjoining the rear garden of 98 London Road. This land is owned by the District Council and is not a public right of way (which would otherwise be controlled by the County Council). The layout of this development recognises that in providing residential dwellings immediately adjacent, there will be a need to enclose the private garden space. 48

49 At present, the dog-legged footway is visible from the public house car park, due to a chainlink fence. However, if a close-boarded fence were to be provided, this narrow footway would become a crime risk. Therefore the pedestrian link is provided through the site and, if required, the existing link could be incorporated into the curtilage of Plot 1. Drainage Paragraph 103 of the National Planning Policy Framework states: "When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test, and if required the Exception Test, it can be demonstrated that: - within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and - development is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems." Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained and does not cause flood risk to existing properties. Southern Water do not raise any objection to the proposed Drainage Strategy, and comments are awaited from the council's Drainage Engineer. Provided that a satisfactory response is received to this scheme, it is considered that policy CS13 of the Local Plan would be met by this proposal. 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." Policies CC1, CC2, CC4, W2 and NRM11 of the South East Plan and 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. 49

50 Details have been provided in this respect through a Sustainability/Energy Statement, specifying that the development will use thermally efficient windows, low energy light fittings, high efficiency boilers, A-rated white goods, and provide garden composters and water butts and recycling facilities, low flush WCs and restricted flow to all taps, use of sustainably certified timber and responsible sourcing and specification of materials. Demolition will be crushed and reused on site for fill, including the former public house cellar, and any site waste will be sorted and recycled where possible. This will achieve Code Level 3 of the Code for Sustainable Homes. These measures are considered to be satisfactory, and a condition is imposed to ensure that they are implemented accordingly, thus complying with these policies and guidance. Individual refuse and recycling facilities will be provided on site to serve these dwellings, to accord with policy CS18 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." Policies G3 of the Local Plan and CC7 of the South East Plan require 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. The applicant is progressing a Section 106 Legal Agreement to contribute a total of 124,267 towards local and county infrastructure, as set out below: County Council Contributions: 85,984 (TOTAL) 50

51 Education - Primary 32,572 Education - Secondary 35,058 Education - 6th Form 8,212 Libraries 2,742 Waste N/A Fire & Rescue N/A No. of Hydrants N/A TAD 7,400 District Council Contributions: 38,283 (TOTAL) Equipped play 10,166 (St John's Park) Kickabout facilities 2,881 (St John's Park) Formal sport 12,243 (in the Burgess Hill area) Public art N/A Community Buildings 5,318 (in the Burgess Hill area) Local Community Infrastructure (Enhancements to the Green Circle Network as set below: - Resurfacing of path next to play area off Blackstone Way and on to Public Right of Way 41BH; and, - New path across green space (MSDC land) into Stonefield Way and then onto green space onto London Road (A273)). 7,675 A draft undertaking is being progressed and, if satisfactorily completed, would meet the above policies and guidance. Conclusions It is considered that the loss of the public house, whilst regrettable, can be supported. The use of the land for residential purposes is considered appropriate in this mainly residential area, and the layout and elevations of the proposed scheme is considered acceptable in all respects. Other matters, such as landscaping, site levels, car parking, cycle and refuse storage facilities, highways, sustainability and construction can be dealt with by condition, albeit some further responses are awaited from consultees. As such, it is considered the proposed development would comply with paragraphs 14, 17, 19, 32, 49, 56, 58, 70, 93, 96, 103, 189, 203 and 204 of the National Planning Policy Framework, policies SP3, CC1, CC2, CC4, CC7, NRM11, W2, T4 and H5 of the South East Plan and policies G2, G3, B1, B2, B3, B4, B7, B9, B23, H2, H3, T4, T5, T6, CS7, CS13 and CS18 of the Mid Sussex Local Plan and therefore that it should be approved. 51

52 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 until a schedule and/or samples of materials and finishes to be used for external walls, windows 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 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 and no units of accommodation hereby approved 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 to accord with policies H3 and B3 of the Mid Sussex Local Plan. Pre-commencement conditions 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. 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. 52

53 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 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. 7. No development shall take place 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, B3 and H3 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 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. 53

54 9. The planning permission shall not be implemented until the buildings shown as being demolished on the approved drawings have been demolished and the debris removed from the site. Reason: To prevent the overdevelopment of the site and in the interests of the visual amenity of the locality, to accord with policies H3 and B3 of the Mid Sussex Local Plan. 10. 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 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. 11. 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 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. 12. No development shall take place until a Construction Noise Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall also consider vibration from construction work, including the compacting of ground. The approved Plan shall be adhered to throughout the construction period. Reason: To safeguard the amenity of adjacent occupiers and to accord with policy B3 of the Mid Sussex Local Plan. 13. The development hereby approved shall not be occupied until measures to protect buildings (and garden areas) from traffic or other external noise have been implemented in accordance with a scheme which has been first 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. The scheme shall have regard to the principles contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings. 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. 54

55 Reason: To safeguard the amenity of neighbouring residents and to accord with policy B3 of the Mid Sussex Local Plan. 14. 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. 15. 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. Pre-occupation conditions 16. The dwellings hereby approved shall not be occupied until covered, secure cycle parking spaces have been provided in accordance with the approved plans. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 17. 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. 18. No dwellings shall be occupied until space has been laid out within the site in accordance with a scheme to be submitted to and approved by the Local Planning Authority for maximum of 26 cars/minimum 20 cycles to be parked and for emergency and refuse vehicles to turn so that they may enter and leave the site in a forward gear. The parking/turning area shall be used and retained exclusively for its designated purpose. Reason: In the interests of highway safety, and to accord with policies T4, T5 and T6 of the Mid Sussex Local Plan. 55

56 19. Before any of the approved dwellings are occupied, the proposed vehicular/pedestrian/cycle modified access to London Road/B2036 shall be designed/constructed and provided with visibility zones, in accordance with the approved plans, all to be permanently maintained to a specification to be agreed with the Local Planning Authority and the visibility zones shall be kept permanently clear of any obstruction to a height of 600mm. Reason: In the interests of highway safety, and to accord with policy T4 of the Mid Sussex Local Plan. 20. No dwelling shall be occupied until the surface water drainage of the site has been designed and implemented so as to prevent the discharge of water onto the public highway in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety, and to accord with policy T4 of the Mid Sussex Local Plan. Post-occupation monitoring/management conditions 21. The development shall be carried out in accordance with the Sustainability and Energy 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. 22. The following windows shall at all times be glazed with obscured glass, fixed to be non-openable: Plot 1 - first floor landing window on side (north) elevation; Plot 13 - first floor bathroom window on side (south) elevation. 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 the District Council determined this application on the basis of the following drawings: A-1000A, 1010C, 1011C, 1012B, 3001B, 3002C, 3003D, 1878-C-1005-D, 1006H, Revised Design and Access Statement, Supplementary Design Statement, Planning Support Statement, Drainage Assessment, Sustainability and Energy Statement, Statement of Community Involvement, 56

57 Stage 1 Road Safety Audit, Client's Response Report, Motion Transport Planning Technical Note, Investment Review and other marketing information received on 26 November 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 A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (tel: ) or 4. It is possible that a public sewer could be crossing the application site. 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 Atkins Ltd (details above in Informative 3). 5. 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 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. 57

58 APPENDIX B CONSULTATIONS MSDC Contaminated Land Officer: I have no comment in relation to the above application. MSDC Drainage Officer: To be reported. MSDC Estates Officer: To be reported. Environment Agency: Thank you for consulting us on the following planning applications: 12/04048/FUL. Having screened the planning application with regard to the development type and location of the proposal, I can confirm that we have no comments to make. MSDC Environmental Health: 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. - 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. 58

59 - No development shall take place until a Construction Noise Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall also consider vibration from construction work, including the compacting of ground. The approved Plan shall be adhered to throughout the construction period. Reason: To safeguard the amenity of adjacent occupiers - Soundproofing (Traffic): The development hereby approved shall not be occupied until measures to protect buildings (and garden areas) from traffic or other external noise have been implemented in accordance with a scheme which has been first 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. The scheme shall have regard to the principles contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings. 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. Reason: To safeguard the amenity of neighbouring residents. MSDC Leisure Officer: Thanks for the opportunity to comment on the plans for the development of 13 residential dwellings at the Kings Head, 102 London Road 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 St Johns Park, owned and managed by the Council, is approximately 400m from the development site. This facility will face increased demand from the new development and contributions of 10,166 for play equipment and 2,881 for kickabout provision are required to make improvements to the facilities. This play area is 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 12,243 is required toward formal sport facilities in Burgess Hill that are within a 20 minute travel time as recommended by Sport England. 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. 59

60 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 5,318 is required to make improvements to community facilities 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 & Numbering Officer before work starts on site. Details of fees and advice for developers can be found at or by phone on " Southern Water: 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: "A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (Tel ), or 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 the SUDS facilities. It is critical that the effectiveness of these systems is 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. 60

61 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 Council's Building Control officers or technical staff should be asked to comment on the adequacy of soakaways to dispose of surface water from the proposed development. 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." Southern Water's current sewerage records do not show any public sewers to be crossing the above site. However, 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 Atkins Ltd, Anglo St James House, 39A Southgate Street, Winchester, SO23 9EH (Tel ). MSDC Urban Designer: To be reported. WSCC Highways: The applicant has provided further information to support the highway, etc proposals for the site. The County Council has reviewed the further information, and subject to certain caveats and proposed conditions, accepts that every effort has been made to address the concerns raised. All comments are based on Motion drawing number Rev A. The County Council therefore has no objection to the application. DETAILED COMMENTS 1. On-site car parking - The applicant has applied the Council's residential car parking calculator to the site and the results are consistent with the original parking proposals. 61

62 2. Highway footpath adjacent to site - The applicant proposes to enable the public to walk through the site as an alternative to the existing path and as decided in discussion with the District Council; permanent diversion/closure of the path would be decided at a later stage once the development is constructed. We recommend that the applicant takes appropriate advice about the legal and practical implications of diversion and/or stopping up of the path before proposals are finalised. 3. Highway zig-zag markings - The applicant's proposals are consistent with the layout of the highway access. The zig-zags adjacent to the Londis store (northbound) should be left as they are to allow space for parking outside the store. 4. Double yellow lines - There is no objection in principle to the alterations proposed by the applicant. However, the applicant should be aware that any TRO process that may be required in order to make the alterations may be extended and may have no guarantee of success. The applicant is recommended to take advice from the County Council's Gatwick Diamond Community & Economic Development Team ( cdbs.gatwick.diamond@westsussex.gov.uk; Phone: ) before firming up proposals to alter the double yellow lines. 5. Overhead transmission pole/lighting column - The applicant has agreed that these blocks to full visibility at the site entrance need to be moved and will develop proposals for this at detailed design stage. 6. Highway drawing - A detailed drawing ( Rev A) has been provided which meets the County Council's overall concerns, subject to the comments made elsewhere in this response. CONDITIONS MODIFIED ACCESS Before the development is occupied the proposed vehicular/pedestrian/cycle modified access to London Road/B2036 shall be designed/constructed and provided with visibility zones, in accordance with the approved plans, all to be permanently maintained to a specification to be agreed with the Local Planning Authority and the visibility zones shall be kept permanently clear of any obstruction to a height of 600mm. DRAINAGE The development hereby permitted shall not be implemented until the surface water drainage of the site has been designed so as to prevent the discharge of water onto the public highway. Details to be submitted to and approved in writing by the Local Planning Authority. 62

63 PARKING AND TURNING No new development shall be occupied until space has been laid out within the site in accordance with a scheme to be submitted to and approved by the Local Planning Authority for maximum 26 cars/minimum 20 cycles to be parked and for emergency and refuse vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated purpose 63

64 Provision of Service Infrastructure Related to Development Education Locality Burgess Hill Population Adjustment Library Child Product Total Places Required Locality Burgess Hill Contribution towards Hassocks/ Hurstpierpoint/Steyning 0 2,742 Contribution towards Burgess Hill Contribution towards East Grinstead/Haywards Heath 0 Population Adjustment 23.8 Sqm per population 30/35 Waste Adjusted Net. Households 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 23.8 Primary Secondary 6th Form TBC N/A N/A S106 type Monies Due Education - Primary 32,572 Education - Secondary 35,058 Education - 6 th Form 8,212 Libraries 2,742 Waste No contribution required Fire & Rescue No contribution required No. of Hydrants 0 TAD 7,400 Total Contribution 85,984 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. 64

65 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 12 Net dwellings And a decrease in 9 car parking spaces. Further to the monetary contributions The County Fire Officer advises that the proposed development will not need to include the provision of a 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. 65

66 MID SUSSEX DISTRICT COUNCIL SOUTH WEST AREA PLANNING COMMITTEE 24 JAN 2013 PART II RECOMMENDED FOR REFUSAL 1. 12/03753/FUL FITZPATRICKS SOLICITORS MEEDS HOUSE 70 STATION ROAD BURGESS HILL ERECTION OF 2 APARTMENT BUILDINGS TO CREATE 26 ONE AND TWO BEDROOM APARTMENTS. BRITE COURT LTD GRID REF: EAST NORTH POLICY: Major Development / In Built up Area / 66