Agenda item

Planning Applications

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

Minutes:

1

 

Application No. AWDM/1743/19

Site:

Sussex Clinic, 44-48 Shelley Road, Worthing

Proposal:

Demolition of existing building and construction of 50 bedroom care home (Class C2) with associated facilities, hard and soft landscaping including new access arrangements from Shelley Road.

 

The Planning Services Manager advised there were no further updates to the report and began his presentation by outlining the application and showing an aerial view of the site. 

 

The Officer advised Members that planning permission for the site had been granted in 2017 and remained extant i.e. capable of implementation.  He added that at present the majority of the building had been demolished, with just the right hand corner still remaining.

 

Members were shown a number of plans, which included a tree retention plan, to assist in their consideration of the application.  The Officer made reference to the Council’s Tree and Landscape Officer comments within the report.  The Planning Services Manager concluded his presentation by showing a number of photographs and advising the recommendation was to grant permission.

 

Members raised queries with the Officer, which were answered in turn to the Members’ satisfaction.  In summary, these included:-

 

  • clarification as to the location of trees with TPOs;
  • the trees to be retained and location of new trees to be planted; 
  • whether there was a need for a large Nursing Home in Worthing; and
  • how the application had been amended since the 2017 planning permission.

 

There were further representations from:-

 

Objectors:       Lisa Leach

                        Alex Muraru

Emma Taylor

 

Supporters:     Michael Pirrie (agent)

                        Patrick Colville (applicant)

 

Members began their debate on the proposal and their main concern related to the proposed felling of a large number of trees on the site.  A Member felt the removal and replanting of trees could be phased in an effort to protect the wildlife and reduce the impact of the development.  

 

A Member raised the fact that the original planning permission granted in 2017 had permitted all but 6 of the trees to be felled anyway.  The Officer agreed that Members, in many respects, were in a potentially more advantageous position than the previous consent in 2017.

 

In conclusion, the majority of Members agreed with the Officer’s recommendation to approve the application however, they requested a more detailed landscape condition to specify the phasing and replanting of trees and shrubbery in consultation with the Chairman and Ward Councillors. 

 

Decision

 

That the planning application be APPROVED, subject to a detailed landscaping condition to precisely specify the phasing of both the removal and replanting of trees and shrubbery in consultation with the Chairman and Ward Councillors, and to the following conditions:- 

 

1.       Standard 3 year time limit

2.       Approved Plans

3.       Agree sample materials and finishes of external walls, roofs, windows and doors

4.       Agree architectural details (including all windows/rooflights, architectural details of replica villa, balconies, green roofs, ‘seamless’ glazing and roof details of glazed links etc.)  

5.       Permeable car park surface details to be agreed

6.       Parking and access to be provided prior to first occupation

7.       Agree and implement secure, covered cycle parking

8.       Provide visibility at new site access

9.       Agree and implement Construction Management Plan

10.     Hours of Construction

11.     Agree details of all roof plants, including air handling, kitchen extraction and ventilation. Attenuation measures to have regard to the principles of BS4142: 2014 and achieve a difference between the rating level and background noise level of  - 10dB.  

12.     No additional roof plant

13.     Agree/provide hard and soft landscaping scheme and specify the phasing of both the removal and replanting in consultation with the Chairman and War Councillors.

14.     Existing trees to be protected during construction in accordance with an agreed Tree Protection Plan

15.     Siting and design of refuse/recycling stores to be agreed and implemented

16.     Details of all external lighting to be approved

17.     Construction of the development shall not commence until details of the proposed means of foul water sewerage disposal have been submitted to and approved in writing by the LPA in consultation with Southern Water.

18.     Development shall not 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 in consultation with Southern Water. 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 SuDS Manual produced by CIRIA. Winter groundwater monitoring to establish highest annual ground water levels and winter infiltration testing to BRE DG365, or similar approved, will be required to support the design of any Infiltration drainage. No building / No part of the extended building shall be occupied until the complete surface water drainage system serving the property has been implemented in accordance with the agreed details and the details so agreed shall be maintained in good working order in perpetuity.

19.     Development shall not commence until full details of the maintenance and management of the surface water drainage system is set out in a site-specific maintenance manual and submitted to, and approved in writing, by the Local Planning Authority. The manual is to include details of financial management and arrangements for the replacement of major components at the end of the manufacturer's recommended design life. Upon completed construction of the surface water drainage system, the owner or management company shall strictly adhere to and implement the recommendations contained within the manual.

20.     Immediately following implementation of the approved surface water drainage system and prior to occupation of any part of the development, the developer/applicant shall provide the local planning authority with as-built drawings of the implemented scheme together with a completion report prepared by an independent engineer that confirms that the scheme was built in accordance with the approved drawing/s and is fit for purpose.  The scheme shall thereafter be maintained in perpetuity.

21.     Any visibility contaminated or odorous material not previously identified found to be present to be investigated and planning authority informed of the nature and degree of contamination, plus Method Statement detailing remediation.

22.     Six (or more) active EV charging points to be agreed and implemented  

23.     Details of solar PVs to be agreed and implemented

24.     No music/TV etc. to be played in the conservatory/orangery building.

25.     Windows/rooflights in west elevation/roof slope of western ‘replica’ villa to be obscure glazed   

26.     Agree finished floor and site levels in relation to existing ground levels

27.     Agree and implement biodiversity enhancements (bat/bird bricks/boxes etc.).

28.     Agree and implement boundary walls/fences including replacement front boundary wall.

 

2

 

Application No. AWDM/1865/19

Site:

The Wheatsheaf, 24 Richmond Road, Worthing

Proposal:

Demolition of Wheatsheaf Public House and construction of 5no. 1 bedroom flats and 3no. 2 bedroom flats over four floors with associated bin and cycle storage.

 

The Principal Planning Officer began by referring Members to the addendum circulated to Members since the agenda and reports for the meeting were published.  He added that the description should also change so that ‘3 no. 2 bedroom flats’ would read as ‘2no. 2 bedroom flats and 1no. 3 bedroom flat’.

 

The addendum stated an amended plan showed that all flats now complied with National Space Standards; updated Members on representations following receipt of the amended plans; referred to the Major Projects Team’s opposition to any reduction in pathway or planted verge widths between Portland House and the Wheatsheaf from Richmond Road to the Worthing Town Hall car park; and confirmed that the recommendation remained unaltered.

 

The Officer advised Members of a further condition to be added to state no demolition on the site until there is a contract to undertake redevelopment.

 

The Officer began his presentation by outlining the application and referring Members to various plans and photographs to assist in their consideration of the application.  The plans included a visualisation of the proposed building and the refused building in 2018.  The Officer outlined each of the five reasons for refusal (page 30 of the report) and drew comparisons with the current proposal.

 

Concluding his presentation, the Officer confirmed the Council would be unable to secure an affordable housing contribution as the proposed development would be less than 10 units.      

 

Members raised queries with the Officer, which were answered in turn to the Members’ satisfaction.  In summary, these included:-

 

  • clarification on the plans as to changes made since refusal in May 2018 in relation to the ground floor flat;
  • marketing undertaken of the former Public House; and
  • any archaeological assessment.

There were further representations from:-

 

Objectors:       Susan Belton (The Worthing Society)

                        Martin Mewton 

 

Supporter:       Alex Bateman (agent) 

 

A Member felt marketing of the premises had been inadequate and that his preference  would have been the inclusion of the commercial element on the ground floor which had been part of the refused application.

 

Following further discussion, the Committee Members were unhappy with the siting and size of a residential building in close proximity to civic buildings and unanimously agreed to refuse the application on the grounds of overdevelopment, with the proposal being too large and dense for the site.

 

Decision

 

The Committee Members OVERTURNED the Officer’s recommendation to approve the planning application.  The application was refused on the grounds of overdevelopment of the site with the proposal being considered too large and dense for the site. 

 

3

 

Application No. AWDM/1607/19

Site:

89 Warren Road, Worthing

Proposal:

Demolition of existing dwelling and construction of 3 x 3 bed terrace houses and 2 x 2 bed semi-detached houses with associated landscaping and parking.  Blocking up of existing western vehicular access.

 

The Planning Services Manager outlined the application for Members and they were shown a number of plans and photographs to assist in their consideration of the proposal.

 

The Officer’s recommendation was to grant permission.

 

A couple of Members raised queries in relation to the proposal.  One was in relation to the informal building line and how it had been agreed.  The Officer indicated on a plan that the line was dictated by the need to retain some of the trees on the front, an adequate turning area and the provision of car parking.  The Member queried whether going further back in the plot had been an option.  The Officer said there could have been scope but felt Officers had reached an appropriate balance, particularly with regard to its relationship with adjoining buildings.

 

There were further representations from:-

 

Objector:         Susan Belton (The Worthing Society)

 

Supporter:       Kevin Goodwin

 

The majority of Members agreed the Officer’s recommendation to grant permission as they felt the plans were acceptable; the development would sit comfortably on the site and recognised the housing need for the town.

 

Decision

 

That planning permission be GRANTED, subject to the following conditions:-

 

  1. Approved Plans

  2. Full Permission

  3. Cycle parking - No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with the approved ‘Ground Floor Plan Proposed’ numbered D2100 Rev 1.

 

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


4.            If during development, any visible contaminated or odorous material,(for example, asbestos containing material, stained soil, petrol/diesel/solvent odour, underground tanks or associated pipework) not previously identified, is found to be present at the site, no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until it has been investigated by the developer. The Local Planning Authority must be informed immediately of the nature and degree of the contamination present and a method statement detailing how the unsuspected contamination shall be dealt with must be prepared and submitted to the Local Planning Authority for approval in writing before being implemented. If no such contaminated material is identified during the development, a statement to this effect must be submitted in writing to the Local Planning Authority.

 

Reason: To ensure adequate investigation of any potential contamination is undertaken


5.            Construction work shall not commence until a scheme for protecting the proposed noise sensitive development from external noise has been submitted to and approved by the local planning authority. All works, which 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 and achieve the indoor ambient noise levels for dwellings specified in BS8233:2014. The scheme should include full details of glazing and a strategy to prevent overheating. The noise level of any ventilation units when in use should not exceed the levels specified in BS8233:2014 and all duct work should be fitted on anti-vibration mounts. Following approval and completion of the scheme, a test shall be undertaken to demonstrate that the attenuation measures proposed in the scheme are effective and protect the residential unit from noise.

 

Reason: In the interests of the amenities of future residents of the buildings


6.            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 - HGV construction traffic routings shall be designed to minimise journey distance through the AQMA's. 
  • 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,
  • a commitment to no burning on site,
  • 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.
  • Methods to control dust from the site

 

Reason: In the interests of highway safety and amenity


7.            Prior to the first residential occupation of the development hereby approved, a scheme shall be submitted to and approved by the Local Planning Authority demonstrate how the required level of air quality mitigation shall be achieved on site through the provision of EV Charging points and other sustainable travel measures.  Thereafter, the development shall be undertaken in accordance with the agreed details.

 

Reason: To ensure adequate air quality mitigation

8.            No works shall commence on the development hereby permitted until a scheme of highway works for the proposed revised access arrangements are submitted to and approved by the Local Planning Authority (who shall consult with Highways England). The scheme of works shall be in accordance with requirements of the Design Manual for Roads and Bridges.

 

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.


9.            Prior to the occupancy of any dwelling on the development hereby permitted the approved scheme of highway works for the revised access arrangements to the development subject to Condition (1) above shall be constructed and opened to public traffic. The scheme of works shall be in accordance with requirements of the Design Manual for Roads and Bridges.

 

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.


10.          Development shall not 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 SuDS Manual produced by CIRIA. Winter groundwater monitoring to establish highest annual ground water levels and winter infiltration testing to BRE DG365, or similar approved, will be required to support the design of any Infiltration drainage. No building / No part of the extended building shall be occupied until the complete surface water drainage system serving the property has been implemented in accordance with the agreed details and the details so agreed shall be maintained in good working order in perpetuity.

 

Reason: To ensure the development is satisfactorily drained.

11.          No works or development shall take place, other than works of site survey and investigation, until full details of all hard and soft landscaping works and the proposed times of planting have been approved in writing by the Local Planning Authority and all soft landscape works shall be carried out in accordance with those details and at  those times.  Any plants which within a period of five years from the time of planting 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 the environment and to comply with policy 16 of the Worthing Core Strategy.


12.          Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015 as amended (or any Order revoking and re-enacting that Order with or without modification), no windows or other openings shall be formed in the any side wall of the buildings hereby approved.

 

Reason:  To prevent overlooking and to comply with saved policy H18 of the Worthing Local Plan.

13.          No development shall be carried out unless and until a schedule of materials and finishes to be used for the external walls (including windows and doors) and roofs of the proposed buildings has been submitted to and approved in writing by the Local Planning Authority and the development shall be completed in accordance with the approved schedule.

 

Reason:  In the interests of visual amenity and to comply with policy 16 of the Worthing Core Strategy.

14.          No work for the implementation of the development hereby permitted shall be undertaken on the site on Sundays or on Public Holidays.  On all other days such work shall only be undertaken between the hours of 8am and 6pm.

 

Reason:  To safeguard the amenities of the occupiers of neighbouring properties having regard to saved policy RES7 of the Worthing Local Plan


15.          Prior to the commencement of development, details of the floor level of the proposed building and any alterations to the ground levels of the site shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in strict accordance with such details as approved.

 

Reason:  In the interests of amenity and the environment and to comply with policy 16 of the Worthing Core Strategy.

16.          No development shall take place until details of all boundary walls and/or fences have been submitted to and approved in writing by the Local Planning Authority and the building shall not be occupied until such walls and/or fences have been erected and they shall thereafter be retained permanently.

 

Reason:  In the interests of amenity and to comply with policy 16 of the Worthing Core Strategy

 

Informatives


  1. Section 175(b) of the Highways Act 1980 (as inserted via The Infrastructure Act 2015) requires those proposing works affecting the public highway to enter into an agreement with the Strategic Highway Authority (Highways England).

 

This development involves work to the public highway that can only be undertaken within the scope of a legal Agreement between the applicant and Highways England. Planning permission in itself does not permit these works. 

 

It is the applicant’s responsibility to ensure that before commencement of any works to the public highway, any necessary Agreements under the Highways Act 1980 are also obtained. Advice on this matter can be obtained from the Spatial Planning Team, Highways England, Bridge House, 1 Walnut Tree Close Guildford, Surrey GU1 4LZ. Highways England switchboard Tel 0300 470 1370 Email planningse@highwaysengland.co.uk

2.            Infiltration rates for soakage structures are to be based on percolation tests undertaken in the winter period and at the location and depth of the proposed structures. The percolation tests must be carried out in accordance with BRE DG365, CIRIA R156 or a similar approved method and cater for the 1 in 10 year storm between the invert of the entry pipe to the soakaway, and the base of the structure. It must also have provision to ensure that there is capacity in the system to contain below ground level the 1 in 100 year event plus 40% on stored volumes, as an allowance for climate change. Adequate freeboard must be provided between the base of the soakaway structure and the highest recorded annual groundwater level identified in that location. Any SuDS or soakaway design must include adequate groundwater monitoring data to determine the highest winter groundwater table in support of the design. The applicant is advised to discuss the extent of groundwater monitoring with the Council's Engineers. Further detail regarding our requirements is available in the attached supplementary requirements document. A surface water drainage checklist is also provided, this clearly sets out our requirements for avoiding pre-commencement conditions, or in order to discharge conditions at a later stage.


3.            A formal application for connection to the public sewerage system is required in order to service this development. Please read our New Connections Services Charging Arrangements documents which has now been published and is available to read on our website via the following link https://beta.southernwater.co.uk/infrastructure-charges

 

4

 

Application No. AWDM/1794/19

Site:

Development Site at Part of First Floor, Guildbourne Centre, Worthing

Proposal:

Change of Use of 1st floor premises from Class A1 (Shops/Retail) to mixed Class B1a (Office) / D1 (Non-Residential Institution) / D2 (Assembly and Leisure) use to accommodate a flexible working space, conference centre, church and general community space, run by the Jubilee Community Church charity.

 

The Planning Services Manager outlined the application for Members and they were shown a number of plans and photographs to assist in their consideration of the proposal.

 

The Officer referred to the external terrace area, part of the application, close to residential properties in Guildbourne Court.  He felt that condition 5 could be amended to allow use of the terrace until 20:00 hrs Monday - Saturday.    

 

Officers felt the application was acceptable and a suitable site for their use.  Therefore, the Officer’s recommendation was for approval.

 

There were further representations from:-

 

Supporters:     Ben Daines (agent)

Alex Beaken (applicant)        

 

All the Committee Members were happy to support the application and agreed it would be an excellent use of a site which had been vacant for some time.  The Members also agreed to the amendment of condition 5 as outlined by the Officer.  

 

Decision

 

That the planning application be APPROVED, subject to the amendment of condition 5 to allow use of the external terrace until 20:00 hours Monday - Saturday, and the following conditions:- 

 

  1. Approved plans
  2. Standard time limit
  3. Agree Construction Management Statement 
  4. Use restricted to flexible mixed use (Class D1, B1a, D2) only
  5. No use of the external flat roofed area (outlined in red on the submitted plan) shall take place except between the hours of 09.00 and 20.00 on Monday to Saturday and between 10.00 and 17.00 hrs on Sundays, Bank or Public Holidays.
  6. No use of the external flat roofed area (outlined in red on the submitted plan) as an outdoor play area in connection with the toddler group (or any other children's nursery use on the premises) shall take place until a Noise Management Plan has been submitted to and approved in writing by the local planning authority. The plan shall include restrictions on the times and numbers of children using the external area for outdoor play throughout the day and shall be adhered to at all times.
  7. The door to access the external flat roofed area (outlined in red on the submitted plan) shall be kept closed at all times when the auditorium area (outlined in blue on the submitted plan) is in use for church services.
  8. No music shall be played on the external flat roofed area (outlined in red on the submitted plan) at any time.
  9. No music shall be played within the flexible Class B1a/D2 space (outlined in yellow on the submitted plan) unless and until a scheme for protecting the residential units above has been submitted to and approved in writing by the local planning authority. All works which form part of the approved scheme shall be completed before any use involving the playing of music within the area outlined in yellow commences.
  10. No external roof plant/equipment unless agreed.

 

5

 

Application No. AWDM/1962/19

Site:

Glaxo Smithkline, Southdownview Way, Worthing

Proposal:

Variation of Conditions 23 and 24 attached to planning permission AWDM/0311/14 to extend the temporary use of the sports field and western car park for car parking and construction related activity respectively until 31 December 2020.

 

The Planning Services Manager outlined the application for Members.

 

Decision

 

That planning permission be GRANTED, subject to the following conditions:-

 

1.         Approved Plans

 

2.         The use of the sports field as a temporary car park hereby permitted shall be discontinued and the land restored to its former condition on or before 31 December 2020 in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

 

ReasonTo ensure satisfactory remediation and as the use of the sports field as a car park is only acceptable as a temporary measure with regard to the wider development of the site.

 

3.         The use of the existing western car park and entrance area for purposes in association with the construction of the pharmaceutical production building hereby permitted, including contractor's parking, offices and storage areas shall be discontinued and the land restored to its former condition on or before 31 December 2020 in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

 

ReasonThe permanent use of the land for the purposes above would be to the detriment of the amenities of neighbouring properties.

 

Supporting documents: