Agenda item

To consider the reports by the Director for the Economy, attached as Item 6.

1

 

 

The Head of Planning and Development began his presentation by providing Members’ with a description of the planning application for their consideration, and advised the report had been lengthy due to a large amount of necessary supporting information.  

 

Members were shown the New Monks Farm (NMF) Masterplan for the development of the 600 dwellings, the IKEA store, the Country Park, and new school approved as part of the development.  He explained the access strategy approved had been for a new roundabout to serve both the new development and the 25,000 sq metres approved at Shoreham Airport.  

 

The Officer stated the new roundabout was an essential part of the infrastructure supporting the NMF development. He explained the NMF application had been through a lengthy process and had been deferred at one point due to the Planning Committee’s particular concerns about the lack of a 4th arm, which this application sought to address.  The approved scheme closed the existing signalised junction at Coombes Road, including the pedestrian crossing point, but retained a left in and left out junction for Coombes Road.  The Officer advised a number of concerns had been raised on the original application, particularly by Lancing College, in relation to the proposal for Coombes Road.  

 

By way of further plans and photographs, the Head of Planning and Development briefed the Committee Members on the details of the application for the 4th arm.  He advised the application involved a small section of land within Adur but the majority of the site lay within the South Downs National Park (SDNP).  The application is due to be considered by the National Park Committee on 12th August 2021.

 

The Officer advised there was the potential need for a Legal Agreement in connection with the planning application and said that if Members supported the proposal, the decision would need to be delegated back to the Head of Planning and Development to secure this to ensure that the original provisions contained within the NMF development were linked to the new permission for the 4th arm.

 

The Officer stated concerns had been raised on the impact the proposal could have on Non-Motorised Users (NMUs) and in particular, on existing Coombes Road traffic, existing residential properties and other businesses served by the road.

 

The Officer summarised the additional representations which had been received after the report had been completed.  

 

The Officer advised that with regard to the statutory consultees, no objection had been raised on noise, vibration or air quality grounds, and both the Highway Authority and West Sussex County Council had supported the revised proposals. He stressed that discussions had been held with some of the residents and businesses to see whether the objections that had been raised could be addressed or mitigated.

 

Members were advised that the application originally proposed to reduce speeds from 30mph to 20mph however, the SDNP felt it did not follow their guidance on rural roads within the National Park.  WSCC Highways had also required further justification for the 20 mph section of road.  The amended scheme now removed a number of the traffic calming measures, however it was still considered that traffic speed would be less than 30mph due to the road alignment with two bends and the planned road narrowing.

 

The Officer advised that CPRE had also restated some of their concerns set out in the Committee report and summarised these for the Committee Members’ attention. They felt there was a better solution that would improve access for the College, and  be environmentally less damaging.  The Officer advised the applicants had issued a rebuttal and he again summarised this for Members’ consideration.

 

The Officer advised that SDNP were happy with the scheme, and felt the landscaping and replacement habitat was appropriate as mitigation for the scheme, but had sought to push the applicants for further enhancement.  

 

In conclusion, the Officer outlined a revised recommendation for their attention and reiterated the roundabout’s importance for the overall delivery of the housing and commercial elements of the NMF development.    

 

Some Members raised questions on the presentation for clarification and in summary, these included:-

• consideration to reduce the speed of Coombes Road to 30mph;
• species of trees to be planted;
• likelihood of HGVs & signage on a rural road; and
• certainty of traffic levels.
• Whether Coombes Road could be retained with a left out provision.

 

There were further representations from three objectors, and three supporters, which included a Ward Councillor Carson Albury, who all joined the meeting.  

 

During debate, Members thanked speakers for their contributions.  One Member raised again the possibility of a 30mph speed limit along the road to cover some of the issues raised by CPRE.  The Officer agreed, during the delegation period, to ascertain whether there was scope to reduce the speed limit.  

 

Another Member questioned whether the matter could be deferred until the Parks Committee had made their decision. The Officer responded by confirming that planning permission would be required from both authorities for the development to be implemented; however, he did agree that if the National Park Committee required additional conditions or 106 provisions that were materially different to that approved by the Adur Planning Committee, then the matter would be reported back to the Committee. 

 

Following further discussion, the majority of Members agreed to delegate the decision to approve as outlined below.

 

Decision

 

The Planning Committee agreed to delegate the decision to the Head of Planning and Development to APPROVE, subject to securing a Legal Agreement to ensure that the provisions within the original New Monks Farm Section 106 relate to the new roundabout design; to secure an Off Site Management Plan for landscape and ecological mitigation and enhancement, which would be subject to comments from the South Downs National Park (SDNP); and the following conditions:-

 

(During the delegation period, Officers also agreed to consult with West Sussex County Council (WSCC) to determine whether there is scope to reduce the speed of Coombes Road to 30mph to help avoid rat running.  Officers also agreed that if the National Park Committee required additional conditions or 106 provisions that were materially different to that approved by the Adur Planning Committee, then the matter would be reported back to Committee).

 

1.         Standard Time Limit Condition

 

2.         Amended Plans                     

 

3.         No development shall commence until a scheme to deal with contamination of the site and /or controlled water has been submitted to and approved in writing by the Local Planning Authority (LPA). The scheme shall include a report compiled by a competent person which includes a desktop study, site walkover, production of a site conceptual model and a human health and environmental risk assessment.

 

Reason: In the interests of amenity and to protect the health and future occupiers of the site from any possible effects of land contamination in accordance with local and National policy.

 

4.         If the Phase 1 report, as required under Condition 1, identifies potential contamination then no development shall commence until a Phase 2 intrusive report has been submitted to and approved in writing by the Local Planning Authority, detailing all investigative works and sampling on site, together with the results of the analysis. The findings shall include a risk assessment for any identified contaminants in line with relevant guidance.

 

Reason: In the interests of amenity and to protect the health and future occupiers of the site from any possible effects of land contamination in accordance with local and National policy.

 

5.         If the Phase 2 report identifies that site remediation is required then no development shall commence until a Remediation Scheme has been submitted to and approved in writing by the Local Planning Authority detailing how the remediation will be undertaken, what methods will be used and what is to be achieved and any ongoing monitoring shall be specified. A competent person shall be nominated by the developer to oversee the implementation of the Remediation Scheme. Thereafter the approved remediation scheme shall by fully implemented in accordance with the approved details.

 

Reason: In the interests of amenity and to protect the health and future occupiers of the site from any possible effects of land contamination in accordance with local and National policy.

 

6.         In the event that contamination not previously identified is found at any time when carrying out the approved development then no further development (unless otherwise agreed in writing by the Local Planning Authority), shall be carried out until a method statement identifying, assessing the risk and proposing remediation measures, together with a programme, shall be submitted to and approved in writing by the Local Planning Authority. The remediation measures shall be carried out as approved and in accordance with the approved programme.

 

Reason: To ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works.

 

7.         No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the Local Planning Authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters.  The development shall be carried out in accordance with the approved details.

 

Reason: the previous use of the proposed development site as a historic landfill presents a medium risk of contamination that could be mobilised by surface water infiltration from the proposed sustainable drainage systems (SuDS). This could pollute controlled waters.

 

8.         No development approved by this permission shall commence, other than works of site survey and investigation, until full details of the proposed surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The design should follow the hierarchy of preference for different types of surface water drainage disposal systems as set out in Approved Document H of the Building Regulations, and the recommendations of the Sustainable Urban Drainage scheme (SuDs) Manual produced by CIRIA. Winter groundwater monitoring to establish highest annual ground water levels will be required to support the design of any SuDS drainage. The carriageway shall not be brought into use until the approved works have been completed. The surface water drainage system shall be retained as approved thereafter. The surface water drainage system shall be maintained in good working order in perpetuity.

 

Reason: To ensure satisfactory surface water drainage.

 

9.         The development hereby permitted shall not be brought into use until details of the management and maintenance of any parts of the drainage system which will not be adopted (including any ponds, ditches, swales, permeable paving and land drains) has been submitted to and approved in writing by the Local Planning Authority. The submitted details should specify the responsibilities of each party for the implementation of the Sustainable Urban Drainage scheme (SuDs), a timetable for implementation, provide a management plan and maintenance plan for the lifetime of the development which should include arrangements for adoption by any public authority or statutory undertaker and any other arrangement to secure the operation of the scheme throughout its lifetime. The management and maintenance arrangements shall be carried out in accordance with the approved details over the period specified.

 

Reason: To ensure the efficient maintenance and ongoing operation of the SuDS system and to ensure the best practice in line with the most up-to-date guidance.

 

10.       No development approved by this permission shall commence until details have been submitted to and approved in writing by the Local Planning Authority for any proposals: to discharge flows to watercourses; or for the culverting, diversion, infilling or obstruction of any watercourse on or adjacent to the site. Any discharge to a watercourse must be at a rate no greater than the pre-development run-off values. No construction is permitted, which will restrict current and future land owners from undertaking their riparian maintenance responsibilities in respect to any watercourse or culvert on or adjacent to the site.

 

11.       No development hereby permitted shall be carried out until a phasing plan and programme of works which details how the Non Motorised User access(es) is to be maintained throughout the construction phase of the development, has been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Reason: in the interests of highway safety.

 

12.       No development shall take place, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to throughout the construction period unless otherwise agreed in writing with the Local Planning Authority. The Construction Management Plan shall provide details as appropriate but not necessarily be restricted to the following matters:

• An indicative programme for carrying out the works;
• the anticipated number, frequency and types of vehicles used during construction;
• the method of access and routing of vehicles during construction;
• details of the parking of vehicles by site operatives and visitors;
• details of the location of site office and welfare facilities;
• details of the loading and unloading of plant, materials and waste;
• details of the provision of loading/offloading areas;
• details of the storage of plant and materials used in construction of the development;
• storage of chemicals and hazardous materials in line with best practice guidance;
• details of pollution control measures such as the use of petrol/water interceptors and temporary silt traps, to be used where appropriate to minimise the risk of polluted surface water runoff entering on site ditch habitats and the potential for loss site habitats;
• the erection and maintenance of security hoarding;
• the hours of construction;
• the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders);
• measures to minimise the noise (and vibration) generated by the construction process to include hours of work, details of noise mitigation barriers, details of piling including details of the trial piles and recorded vibration impacts;
• details of floodlighting, including location, height, type and direction;
• damping down of dust sources and covering of loose materials to reduce dust disposition within adjacent habitats;
• general house-keeping including removal of litter;
• details of public engagement both prior to and during construction works.

 

Reason: To enable the Local Planning Authority to control the development in the interest of maintaining a safe and efficient highway network, in the interests of amenity, to conserve and enhance the landscape character and biodiversity of the area and to ensure no adverse impacts on designated sites and protected species.

 

13.       No development hereby permitted shall commence until plans and particulars specifying the alignment, width, gradient and type of construction proposed for all footways and roads (including all relevant horizontal cross and longitudinal sections) have been submitted to and approved in writing by the Local Planning Authority.  The details shall be informed by Roads in the South Downs and also include but not limited to:

• Anti-dazzle measures;
• Measures to avoid ‘see-through’ at the reordered junction of Coombes Road and The Drive;
• Bollards/street furniture;
• Signage;
• Retaining walls;
• Materials;
• Gateway feature.

 

Reason: In the interests of amenity and to conserve and enhance the landscape character.

 

14.       The development hereby permitted (4th Arm of the New Monks Farm Roundabout) as shown on the Vectos drawing No. VN201557/PL-03 Rev J ‘Proposed A27 Old Shoreham Road Improvements Development Access & Sussex Pad via Lancing College’ (or other such scheme of works as approved by the Local Planning Authority who shall consult Highways England) shall not be brought into use until the Coombes Road junction with the A27 is stopped up to traffic, save for the passage and re-passage of pedestrians, cyclists and horse riders (permitted non-motorised road users).

 

Reason: To ensure that the A27 Trunk Road continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety.

15.       Prior to the commencement of the development hereby permitted, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority (who shall consult with Highways England). Thereafter the construction and use of the development shall be in strict accordance with the approved scheme unless otherwise agreed in writing by the local planning authority (who shall consult Highways England)

 

            These details shall include:

 

            a)         Proposed planting plans including written specifications (including cultivation and other operations associated with plant and grass establishment and maintenance) ; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

 

            b)         details of tree pits;

 

            c)         Finished levels and contours;

 

            d)         fencing;

 

            e)         Layout of surfaces including materials, permeability, kerbs, edges, steps, ramps

 

Reason: To ensure that the A27 Trunk Road continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety and to ensure a satisfactory development and in the interests of amenity and landscape character.

 

16.       All hard and soft landscape works shall be carried out in accordance with the approved details.

 

            All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.

 

            All soft landscaping comprising the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is sooner. All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory development and in the interests of amenity and landscape character.

 

17.       The development hereby permitted shall not be brought into use until a landscape and ecological management plan (LEMP), including the management objectives and responsibilities and maintenance schedules for a minimum of five years for all the landscaped areas has be submitted to and approved in writing by the Local Planning Authority The landscape and ecological management plan shall be carried out as approved unless as otherwise as approved by the Local Planning Authority.

 

            The content of the LEMP shall include the following:

 

            a)         description and evaluation of features to be managed;

 

            b)         ecological trends and constraints on site that might influence management;

 

            c)         aims and objectives of management;

 

            d)         appropriate management options for achieving aims and objectives;

 

            e)         prescriptions for management actions, together with a plan of management compartments;

 

            f)          preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period;

 

            g)         details of the body or organisation responsible for implementation of the plan;

 

            h)         ongoing monitoring and remedial measures.

 

            The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved.

 

Reason: To ensure a satisfactory development and in the interests of amenity and landscape character and conserve and enhance the ecological standard. Details.

18.       Prior to the commencement of the development hereby permitted a full Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority which shall include numbering and detailing trees, confirming root protection areas, routing of service trenches, overhead services and carriageway positions and any details of no dig techniques along with associated use of geotextiles and an indication of the methodology for necessary ground treatments to deal with compacted areas of soil. The works shall be carried out in accordance with Environmental Statement Chapter 10 Ecology and Nature Conservation.

 

Reason: In the interests of the amenity and the landscape character of the area.

 

19.       Prior to the commencement of the development hereby permitted details of the protection of the trees to be retained shall be submitted to and approved in writing by the Local Planning Authority. The measures of protection should be in accordance with BS5837:2012 and shall be retained until the completion of the development and no vehicles, plant or materials shall be driven or placed within the Root Protection zones.

 

Reason: In the interests of the amenity and the landscape character of the area.

 

20.       All planting shall be completed in accordance with standard arboricultural practices In the event that any such trees die or become seriously damaged or diseased within a period of five years following planting they shall be replaced in the next planting season with others of a similar size and species.

 

Reason: In the interests of the amenity and the landscape character of the area in accordance with Development and Management Policy SD11

 

21.       No part of the development hereby permitted shall be brought into use until a lighting framework has been submitted to and approved in writing by the local planning authority (who shall consult with Highways England). This information shall include a layout plan with beam orientation and schedule of equipment proposed in the design (luminaire type, mounting height, aiming angles and luminaire profiles) and details of the impact of lighting on driver safety on the A27. The lighting shall be installed, maintained and operated in accordance with the approved details unless otherwise agreed with the Local Planning Authority.

 

Reason: to ensure that any proposed lighting will not have an adverse impact on driver safety on the A27 Trunk Road and that the A27 Trunk Road continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety, and to enable the Local Planning Authority to control the development in detail in the interests of night time amenity, tranquillity and protect and conserve the International Dark Night Skies.

 

22.       Prior to commencement of development, an updated survey for badgers should be undertaken to ensure that no new sets are present and the findings of the survey and any additional mitigation measures proposed submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be undertaken in accordance with any additional mitigation measures approved.

 

Reason: To identify and ensure the survival and protection of important species

 

Advice to the Applicant/informatives

From the Environment Agency:

Dewatering activities from excavations. We note that this proposal may involve temporary discharges of uncontaminated water from excavations to surface water. This activity may require an environmental permit(s) from us.

We have a Regulatory Position Statement on this activity and the Applicant should refer to this for further guidance –

https://www.gov.uk/government/publications/temporary-dewatering-from-excavations-tosurface-water/temporary-dewatering-from-excavations-to-surface-water.

For enquiries about permits, the Applicant is advised to contact our National Customer Contact Centre on 03708 506 506

Highways:

Works within the Highway – Implementation Team The applicant is required to obtain all appropriate consents from West Sussex County Council, as Highway Authority, to cover the off-site highway works. The applicant is requested to contact The Implementation Team Leader (01243 642105) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.

Contaminated Land:

Ensure that the Phase 1 report is carried out in accordance with national guidance as set out in DEFRA and the Environment Agency’s Model Procedures for the Management of Land Contamination CLR11.

Ensure that the Phase 2 report is in accordance with current BS references within the Code of Practice for Investigation of Potentially Contaminated Sites.

Ensure that the report is undertaken in accordance with national guidance as set out in DEFRA and the Environment Agency’s Model Procedures for the Management of Land Contamination CLR11.

Guidance on Lighting

Guidance on appropriate lighting in the South Downs National Park can be found in the SDNPA Lighting Guidance, which is available online.