Agenda item

To consider the reports by the Director for the Economy, attached as Item 5.

1

 

 

The application site is owned by Adur District Council and, therefore, this application had to be determined by the Planning Committee rather than by Officers under delegated powers.  

 

The Planning Services Member advised further representations had been received since despatch of the agenda and reports.  There had been 12 further letters of objection, 9 further letters of support and additional comments received from third parties.

 

Members were shown an aerial view of the site, various plans and images, and Design Statement, to assist in their consideration of the application.  

 

The Planning Services Manager outlined the application and made particular reference to the proposed servicing and deliveries arrangements.  Officers had been in further discussion with WSCC Highways, since the report had been published, and they had agreed to support an extension to the bus layby on its eastern side for the proposed servicing and deliveries arrangements, avoiding interference with the bus stop and which could be secured by condition.  

 

Extra conditions would also be imposed to secure the submission of a Servicing Management Plan; for the upgrading of two footpaths on the site: and for the development to be completed in accordance with the submitted Flood Risk Assessment.  

 

Before concluding his presentation, the Officer advised that Condition 7 should be amended to require implementation in accordance with the approved details, and for the addition of the required Southern Water informative.     

 

The recommendation was for approval, to include the Officer’s proposed amended and additional conditions. 

 

A number of queries were raised by Members with the Planning Services Manager, which were answered in turn to their satisfaction.  Issues raised included:-

 

• the proximity of the cycle/pedestrian path with the building;
• the use classes and capacity of the bookable social space; and
• the promotion of free use of the unsurfaced car park after 6pm.

 

There were further representations at the meeting from:

 

Objectors:       David Calderbank

                        Maureen Ashley

                        Julia Watts 

 

Ward Cllrs:      Councillors Joss Loader & Kevin Boram

 

Supporters:     Matthew Macmillan (Applicant)

                        Sybille Haefliger (Architect)

                        Ian Coomber (Agent)

                        Councillor Brian Boggis

 

Following debate of the proposal, the majority of the Committee agreed the Officer’s recommendation to approve the planning application with the Officer’s suggested additional and amended conditions.

 

Decision

 

The Committee agreed to GRANT planning permission, subject to additional conditions requiring an extension to the bus layby on the eastern side; submission of a Servicing Management Plan; and for the development to be completed in accordance with the submitted Flood Risk Assessment.  The Committee also agreed that Condition 7 be amended to require implementation in accordance with the approved details, the addition of the required Southern Water informative, and that the permission be subject to the following conditions:-

1.         Approved Plans.

 

2.         Standard 3-year time limit.

 

3.         External materials to be submitted to and approved by LPA prior to commencement of the development (excluding the demolition of the existing building).

            Reason: To control the development in detail and in the interests of visual amenity.

 

4.         No part of the development shall be first occupied until 27 cycle parking spaces have been provided in accordance with plans submitted to and approved in writing with the LPA.

Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies.

 

5.         Construction Management Plan

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

 

• the anticipated number, frequency and types of vehicles used during construction,
• the method of access and routing of vehicles during construction,
• the parking of vehicles by site operatives and visitors,
• the loading and unloading of plant, materials and waste,
• the storage of plant and materials used in construction of the development,
• the erection and maintenance of security hoarding,
• the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders),
• details of public engagement both prior to and during construction works.

Reason: In the interests of highway safety and the amenities of the area.

 

6.         Use Class Restrictions. The community space shall only be used in connection with uses falling within use class D1/D2.  The café/restaurant and ground floor kiosk in connection with use class A3 and A5.

            Reason: To accord with the terms of the application and to control any subsequent proposals for change of use. 

 

7.         Prior to the commencement of development (excluding the demolition of the existing building) details of a sustainable urban drainage system (SUDs) shall be submitted to and agreed in writing with the LPA.

            Reason: In the interests of securing sustainable drainage and preventing flood risk. 

 

8.         The premises shall only be open for the public between the hours of 07:00hrs until 23:00hrs, Monday to Saturday and 07:00hrs to 22:00hrs on Sundays and Bank Holidays, with the exception to Christmas Eve and New Year, where the public shall vacate the premises no later than 00:30hrs.

            Reason: In the Interests of residential amenity.

 

9.         No part of the development shall be first occupied until such time as a Travel Plan Statement has been submitted to and approved in writing by the Local Planning Authority.  The Travel Plan Statement shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport or as advised by the Highway Authority and the recommendations of the Plan shall thereafter be implemented and monitored to encourage more sustainable modes of transport to the site.

            Reason: To encourage sustainable modes of transport to the site.

 

10.       No external lighting shall be installed on the building without details being first submitted to and approved in writing with the LPA.

            Reason:  In the interests of residential amenity.

 

11.       The development shall be undertaken in accordance with the recommendations of the submitted Ecology Report and the building shall not be occupied until bird boxes have been installed on the building as specified in the Ecology report.

Reason: To mitigate any adverse impacts on wildlife and to ensure a net gain in biodiversity.

 

12.       Standard Landscaping Condition 

Reason: In the interest of visual amenity and to secure a net gain in biodiversity on the site. 

 

13.       Details of any kitchen extract and mechanical ventilation system shall be submitted to and approved in writing with the LPA prior to the commencement of development (excluding the demolition of the existing building). The kitchen extract and ventilation systems and in particular any external ductwork or discharge positions must not exceed 85 dB LWA or 77 dB(A) measured at 1 metre.  

            Reason: In the interests of residential amenity.

 

14.       Prior to the occupation of the building a Noise Management Plan shall be submitted to and approved in writing with the LPA detailing the proposed use of the terrace and the use of the ground and first floor areas (with particular emphasis on amplified and or live music) and shall set appropriate maximum noise levels inside the building.  Thereafter the premises shall only be occupied in accordance with the approved Plan.

Reason: In the interests of residential amenity.

 

15.       The public toilets on the ground floor of the building and the external showers shall be open at all times to the public between the minimum hours of 9.00 am and 9.00 pm during the period of 1^st April to 30^th September in each year and between the minimum hours of 9.00 am and 5.00 pm during the period of 1^st October to 31^st March in each year.  The toilets and external showers shall be maintained in accordance with a management/maintenance plan first submitted to and approved in writing by the LPA prior to the occupation of the building.

Reason: To accord with the terms of the application and to ensure the replacement of public facilities on the site.

 

16        The development hereby approved shall be constructed to maximise the efficiency of the use of energy, water and materials and to meet the equivalent of the BREEAM Very Good rating in accordance with the BREEAM Pre-assessment Report submitted with the application. 

Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials having regard to the National Planning Policy Framework and policies 1, 15, 18, 20, 31 of the Adur Local Plan.   

 

 

The meeting was adjourned at 8.25 pm, and reconvened at 8.35 pm. 

 

2

 

 

The Planning Services Manager advised there was nothing further to add to the report and therefore outlined the application for Members.  The Committee were shown an aerial view of the site, and various plans, to assist in their consideration of the proposal.

 

Members were advised a detailed objection had been received from the Shoreham Port Authority hence the recommendation for refusal, for the reason set out in the report.

 

Members raised queries with the Officer, which were answered in turn to their satisfaction.

 

There were further representations at the meeting from:

 

Objector:         Tim Hague (Shoreham Port Authority)

 

Supporter:       Richard Howell (Applicant)

 

On conclusion of the Members’ debate on the proposal, the majority of the Committee agreed the Officer’s recommendation to refuse permission for the reasons outlined below.

 

Decision

 

That the planning application be REFUSED, for the following reasons:

 

The proximity of the proposed development to Waterside Road is likely to result in associated vehicles obstructing the access road leading to conflict with other users or constraint of the day to day operations and workings of the port and port-related uses, contrary to Policy 8 of the Adur Local Plan and emerging policy SH2 of the JAAP.

 

3

 

 

The Planning Services Manager outlined the proposal for Members who were shown a location plan and a number of photographs to assist.

 

Officers felt the application could not be supported due to its location, being quite near the banked area of the road, and would require the removal of a section of the hedge on the roadside bank to the detriment of the area.

 

Members raised queries with the Officer, which were answered in turn to their satisfaction.

 

There were further representations at the meeting from:

 

Ward Cllr:        Councillor Debs Stainforth

Supporter:       Sabrina Murphy (Applicant)

 

Following debate of the proposal, some Members sympathised with the applicant’s plight and were happy to agree the application.  However, the Officer’s recommendation to refuse the application was agreed for the reasons set out in the report.

 

Decision 

 

That the application be REFUSED, for the reason:

 

The proposal would require the removal of a section of the long-established hedge on the roadside bank which forms an attractive feature of the locality. Such hedgerow removal would detract from the streetscape and make it difficult to resist other similar proposals which cumulatively would result in the loss of the hedge and be detrimental to the environment of the area. The proposal is therefore contrary to policies 15 and 30 of the Adur Local Plan.

 

4

 

 

The Planning Services Manager briefly outlined the application and Committee Members were advised of the property’s location.

 

The Officer’s recommendation was to grant permission.

 

There were no further representations at the meeting.

 

A Member was concerned the proposal would be opposite a busy junction in the road and believed the application should be refused due to its siting, design and impact on neighbours. 

 

Another Member felt that there were no sound reasons to refuse the application and would be happy to approve.

 

In conclusion, the majority of the Committee elected to refuse the application on the grounds stated below.

 

Decision

 

The Committee overturned the Officer’s recommendation and REFUSED the application on the grounds of an adverse impact upon the character and appearance of the area and precedent for other applications in the vicinity.

 

 

 

5

 

 

The Planning Services Manager briefly outlined the application for Members, with the Committee being shown an aerial view of the site, block plan and photograph.

 

Decision 

 

The Committee agreed to APPROVE the application subject to the following conditions: -

 

1. Approved Plans
2. Standard 3 year time limit