Agenda and minutes

7.1       RESOLVED to approve as a correct record the minutes of the previous meeting held on 20 May 2015.

8.1       Apologies for absence were received from Councillor Stogdon.

Disclosures by all members present of personal interests in matters on the agenda, the nature of any interest and whether the member regards the interest as prejudicial under the terms of the Code of Conduct.

9.1       Councillor Taylor declared a personal interest in item 5A as a member of Eastbourne Borough Council Planning Committee, but he did not consider this to be prejudicial.

9.2       Councillor Ungar declared a personal interest in item 5A as a member of Eastbourne Borough Council Planning Committee, and as a governor of Ocklynge School, but he did not consider these to be prejudicial.

9.3       Councillor Wallis declared a personal interest in items 5A and 6B in that he is the Eastbourne Borough Council portfolio holder for Planning and Planning Policy, and as the Chair of the Local Development Framework, but he did not consider these to be prejudicial. 

10.1     Reports referred to in the minutes below are contained in the minute book.

Report by the Director of Communities, Economy and Transport

11.1     The Committee considered a report by the Director of Communities, Economy and Transport.  Officers confirmed that three further representations had been received and circulated since the publication of the report. 

11.2     Paul Atkins, John Owen and David Finney, all local residents, spoke against the application.         

11.3     Stuart Gallimore, the Director of Children’s Services, Peter Marchant, Headteacher designate, and Louise MacQuire-Plow, a parent, spoke in support of the application.  

11.4     Councillor John Ungar, the Local Member, spoke against the application.

11.5     Members have considered the officer’s report and the comments of the public speakers and Local Member, and agree with the conclusion and reasons for recommendation as set out in paragraph 7 of the report.

11.6     RESOLVED (1) to grant planning permission subject to the completion of the following procedure:

a)         To authorise the Director of Communities, Economy and Transport to secure, in conjunction with the Assistant Chief Executive, a Legal Agreement or Undertaking to secure off site highway works including alterations to the Willingdon Road/Eldon Road/Rodmill Drive traffic signals, alterations to the Cobbold Avenue/Willingdon Road junction, access alterations, provision of laybys in Eldon Road, provision of a new traffic island in Eldon Road, consideration of the position of bus stops in Eldon Road, consideration of Eastbourne Borough Council’s request for a controlled crossing and 20mph speed limit in Eldon Road, a contribution towards applications for Traffic Regulation Orders and development of a Travel Plan

b)               To authorise the Director of Communities, Economy and Transport to grant planning permission upon completion of the Legal Agreement/Undertaking subject to conditions along the lines as indicated in paragraph 8.2 of the report. 

(2) to authorise the Director of Communities, Economy and Transport to refer the application back to the Committee if the Legal Agreement or Undertaking is not secured within 6 months of the date hereof.

11.7     The grant of planning permission shall be subject to conditions along the lines of:

1.      The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

         Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2.      The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.

         Reason: For the avoidance of doubt and in the interests of proper planning.

3.      No demolition or construction works shall take place in connection with the development hereby approved at any time other than between 0730 and 1800 on Mondays to Fridays, between 0800 and 1400 on Saturdays and not at any time on Sundays, Bank and Public Holidays unless the prior written agreement of the Director of Communities, Economy and Transport has been given.

         Reason:  To help protect the amenities of the locality during construction in accordance with Saved Policy HO20 of the Eastbourne Borough Plan 2003.

4.      Unless otherwise agreed in writing by the Head of Planning and Environment, development shall not commence until details of wheel washing facilities have been submitted to and approved  ...  view the full minutes text for item 11.

Report by the Director of Communities, Economy and Transport

12.1     The Committee considered a report by the Director of Communities, Economy and Transport.

12.2     Members have considered the officer’s report, and agree with the conclusion and reasons for recommendation as set out in paragraph 7 of the report.

12.3     RESOLVED to grant planning permission subject to the following conditions:

1.      The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

         Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2.      The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.

         Reason: For the avoidance of doubt and in the interests of proper planning.

3.      The temporary building hereby permitted shall by 31st August 2020 be removed and the land restored to its former physical state of an area of tarmac and planted area or as otherwise agreed in accordance with a scheme submitted to and approved in writing by the Director of Communities, Economy and Transport.

         Reason: The appearance of development is only considered appropriate for a temporary period.

4.      No development shall take place until full details of measures to protect the tree and boundary hedge to the south of the proposed location of the temporary classroom have been submitted to and approved in writing by the Director of Communities, Economy and Transport and these works shall be carried out as approved. Such details shall be in accordance with BS5837:2012 and shall also include a drawing showing the location of the service runs for water, foul water and electricity supplies.

         Reason: In order to protect the tree in the interest of visual amenity in accordance with Save Policy ST3 of the Lewes District Local Plan 2003.

5.      Within 2 months of the occupation of the temporary classroom hereby approved, a bird box of the type set out in email correspondence  between the agent and the County Council dated 10th June 2015 shall be fixed  in a location to be agreed in writing by the Director of Communities, Economy and Transport. The bird box shall be retained in perpetuity unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

         Reason: In the interest of encouraging biodiversity on the site in accordance with paragraph 109 of the NPPF.

6.      Prior to the date six months from first occupation of the temporary classroom hereby approved, an updated School Travel Plan which addresses the increase in pupil and staff numbers accommodated by that temporary classroom shall be submitted to and approved in writing by the Director of Communities, Economy, and Transport. The School Travel Plan shall include targets for reduced car use, and an ongoing monitoring programme to ensure these targets are met. The updated School Travel Plan shall be implemented and thereafter maintained and/or developed in accordance with the approved details. 

         Reason: To increase awareness and use of alternative modes of transport for school journeys and reduce congestion at school delivery and collection times  ...  view the full minutes text for item 12.

Report by Director of Communities, Economy and Transport

13.1     The Committee considered a report by the Director of Communities, Economy and Transport. Officers confirmed that a further representation from the applicant’s agent had been received and circulated since the publication of the agenda.  The Chair read out the comments of Councillor Bentley, one of the Local Members, in support of the recommendation of refusal.

13.2     Councillor Field, one of the Local Members and member of the Planning Committee, spoke in support of the recommendation of refusal. 

13.3     Members have considered the officer’s report together with the comments of the Local Members, and agree with the conclusions and reasons for recommendation as set out in paragraph 7 of the report.                                                                                 

13.4     RESOLVED to refuse planning permission for the following reasons:

1.      The proposed development could be located at an alternative site within Kilnwood Farm, thereby negating the need for the importation of a substantial volume of inert waste materials. The use of such materials would not accord with the principles of the waste hierarchy, thereby conflicting with Policy WMP3b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

2.      The importation of inert waste materials to facilitate the construction of a manege would not be of benefit to the land and would conflict with the requirements of Policy WMP8b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

3.      The proposed development would result in an adverse effect to the character of the natural topography of the landscape in the Low Weald, which would be significant in the local context, and would conflict with Saved Policy EN8 of the Wealden Local Plan 1998.

4.      The proposed surfacing of the access track through Kiln Wood and the increased use of the track by heavy goods vehicles to facilitate the development would be detrimental to the interests of the Ancient Woodland, thereby conflicting with Saved Policy EN13 of the Wealden Local Plan 1998, Policy WMP27b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Part 11 of the National Planning Policy Framework 2012.

Report by the Director of Communities, Economy and Transport

14.1     The Committee considered a report by the Director of Communities, Economy and Transport. Officers confirmed that two additional representations had been received and circulated since the publication of the agenda.  The Chair reported the comments of Councillor Tutt, the Local Member. 

14.2     Dan Stone, the applicant, and Alan Potter, his agent, spoke in support of the application. 

14.3     A motion to amend the recommendation, so as to grant a temporary permission for three years, was proposed, seconded, voted on and lost. 

14.4     Members have considered the officer’s report and comments of the public speakers and Local Member, and agree with the conclusions and reasons for recommendation as set out in paragraph 5 of the report.

14.5     RESOLVED to grant planning permission subject to the following conditions:

1.      The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

         Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2.      The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.

         Reason: For the avoidance of doubt and in the interests of proper planning.

3.      Within one month of the date of this permission, the sleeper walls shall be constructed in accordance with the following approved plans and details:

         -Drawing plan titled ‘Existing elevations and proposed acoustic barrier’ (front and side elevations) dated 30/04/2015 (Ref. L02 Rev B)

         -Drawing plan titled ‘Existing elevations and proposed acoustic barrier section’ (rear elevation) dated 06/05/2015 (Ref. L03 Rev B)

         -Document titled ‘Details of Acoustic Barrier Construction’ dated 12/06/2015

         -Approved plan L.01 Rev H 'Site Layout Plan' (dated 04/06/2015) and thereafter maintained for the life of development.

         Reason: In order to mitigate noise disturbance and in the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

4.      No machinery shall be operated and no process shall be carried out other than between the hours of 07.00 and 19.00 on Mondays to Fridays inclusive and between 07.00 and 14.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays except of works for essential maintenance or which are to respond to an emergency. No later than one week after the carrying out of such works, full details of the time, date, reason for and nature of the works shall be given in writing to the Director of Communities, Economy and Transport.

         Reason: In the interests of protecting the amenities of the locality in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

5.      The following operations shall not take place on site other than between the hours of 07.30 and 17.30 on Mondays to Fridays inclusive and between 07.30 and 13.30 on Saturdays:

         (a) the removal of waste and loading of vehicles

         (b) any deliveries or importation of waste to the site,  ...  view the full minutes text for item 14.

The Planning Committee paused the meeting after consideration of this item, and reconvened as agents for the South Downs National Park Authority. 

Report by the Head of Planning and Environment

15.1     The Committee, acting as agents for the South Downs National Park Authority, considered a report by the Head of Planning and Environment.  Officers confirmed that an additional representation from the applicant’s agent had been received and circulated since the publication of the agenda.

15.2     Peter Lenihan, a representative of Falmer Parish Council, spoke in support of the recommendation of refusal.

15.3     Mike Holland, the landowner, and Shane Tasker, his agent, spoke against the recommendation of refusal.

15.4     Members have considered the officer’s report and comments of the public speakers and agree with the conclusion and reasons for recommendation as set out in paragraph 8 of the report.

15.5     RESOLVED (1) to refuse planning permission for the following reasons:

1.         It has not been demonstrated that the importation of waste materials is required to manage drainage at the site and that there are no suitable alternative methods. Therefore, there is no justifiable need for the importation of waste for reasons of drainage and the use of the waste for this purpose does not accord with the principles of the waste hierarchy, thereby conflicting with Policy WMP3b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

2.         The importation of inert waste materials at the site to raise land levels for the purposes of drainage would not be of benefit to the land and would conflict with Policy WMP8b of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

3.         The importation of waste materials at the site does not accord with the requirements to protect the landscape character of the South Downs National Park, thereby conflicting with Policies WMP2 and WMP27(a) of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013, Part 11 of the National Planning Policy Framework 2012 and Core Policy 10 of the Lewes District Submission Core Strategy 2013.

4.         The importation of waste materials at the site does not accord with the requirements to conserve and enhance the character and appearance of Falmer Conservation Area and the setting of the tithe barn Grade II* Listed Building, thereby conflicting with Policy WMP27(a) of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013, Saved Policies H2 and H5 of the Lewes District Local Plan 2003, Part 12 of the National Planning Policy Framework 2012 and Core Policy 11 of the Lewes District Submission Core Strategy 2013; and

(2) to authorise the Director of Communities, Economy and Transport to take appropriate enforcement action to secure the removal of all deposited inert and non-inert waste materials in breach of planning control at this site.