Agenda and minutes

1.         RESOLVED to approve as a correct record the minutes of the meeting held on 13 April 2016.

2.1       It was noted that Councillor Davies was acting as a substitute for Councillor Galley. 

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.

3.1       Councillor Taylor declared a personal interest in Items 6B and 7A as a Member of Eastbourne Borough Council, but he did not consider this to be prejudicial.

3.2       Councillor Wallis declared a personal interest in Items 6B and 7A as the Eastbourne Borough Council portfolio holder for Planning and Planning Policy, and Chair of Local Development Framework, but he did not consider this to be prejudicial.

3.3       Mrs Jo Hauge, Senior Solicitor, declared a prejudicial interest in Sites 15 and 16 of Item 5B as a local resident.  Mrs Hauge withdrew from the Chamber during consideration of those Sites.    

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

Report by the Director of Communities, Economy and Transport

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

5.2       Councillor Carla Butler, the Local Member, spoke in support of the recommendation.

5.3       Members have considered the officer’s report and the comments of the Local Member, and agree with the conclusion and reason for recommendation as set out in paragraph 3 of the report.

5.4       RESOLVED to (1) not uphold the objection to the draft Traffic Regulation Order; and

(2) recommend to the Director of Communities, Economy and Transport that the Order be made as advertised. 

Report by the Director of Communities, Economy and Transport

6.1       The Committee considered a report by the Director of Communities, Economy and Transport. The Chair conveyed the written comments from Councillor Carolyn Lambert, as the Local Member, in support of the Recommendations for Sites 14, 18, 19 and 20. 

6.2       Mr Jonathan Hewlett spoke regarding Site 16 – Fitzgerald Avenue and Lions Place, Seaford.

6.3       Councillor Buchanan, one of the Local Members for Telscombe and Peacehaven and member of the Planning Committee, spoke in support of the Recommendations regarding Sites 3, 12, 13, 23 and 24.  

6.4       Councillor Butler, the Local Member, spoke in support of the Recommendations regarding Sites 10 and 11.   

6.5       Councillor O’Keeffe, the Local Member, spoke in support of the Recommendations regarding Sites 5, 6, 7, 8 and 9.   

6.6       Members have considered the officer’s report, the comments of the public speaker and comments of Local Members and agree with the conclusion and reasons for recommendation as set out in paragraph 3 of the report.

6.7       RESOLVED to (1) uphold the objections as set out in Appendix 2 of the report;

(2) not uphold the objections set out in Appendix 3 of the report; and

(3) recommend to the Director of Communities, Economy and Transport that the draft Traffic Regulation Order should be made in part.   

Report by the Director of Communities, Economy and Transport

7.1       The Committee considered a report by the Director of Communities, Economy and Transport. The Chair reported that the Local Member was in support of the recommendation. 

7.2       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.

7.3       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.      Prior to the commencement of the development hereby permitted a Programme of Works shall be submitted to and approved by the Director of Communities, Economy and Transport and shall include full details of the proposed operations including:

         - Method for silt removal and deposit

         - Any ground and surface preparation necessary to accommodate the operations

         - Timescale of works

         - Access arrangements and provisions for the management of construction       traffic

         - Type and location of proposed equipment

         - Location of underground services

         The development shall be carried out in accordance with the approved Programme of Works, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

         Reason: To safeguard the amenity of the locality in accordance with Policies WMP23b and WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan and Saved  Policy EN27 of the Wealden Local Plan 1998.

4.      No development shall take place until an arboricultural report has been submitted to, and approved in writing by, the Director of Communities, Economy and Transport to confirm the precise nature and scope of works to the trees and vegetation, together with arrangements for the protection of trees and the management of any waste arising from these works. This shall ensure that the mature trees and those identified as supporting bat roosts or having bat roost potential should be retained and protected in accordance with BS5837:2012 Trees in Relation to Design, Demolition and Construction. The works shall be implemented in full and the tree protection arrangements remain in place for the duration of the works, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

         Reason: To ensure the appropriate landscaping of the site in the interests of visual amenity and the environment and to comply with Policy WMP27a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policies EN6, EN23, EN12 and EN13 of the Wealden Local Plan 1998.

5.      No development shall take place until a scheme of landscape management has been submitted to and approved in writing by the Director of Communities, Economy and Transport, which shall include how the trees and vegetation will be managed on completion  ...  view the full minutes text for item 7.

Report by the Director of Communities, Economy and Transport

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

8.2       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.

8.3       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.      No activity or operation shall take place at the site other than between the hours of 08.00 and 18.00 Mondays to Fridays inclusive and between the hours of 09.00 and 13.00 on Saturdays and at no time on Sundays, Public and Bank Holidays except for works of essential maintenance or which are to respond to an emergency, unless otherwise agreed in writing with the Director of Communities, Economy and Transport. 

         Reason: To safeguard the amenities of the locality in general, in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

4.      No end of life vehicles or any other vehicles used for the dismantling of parts or repairs shall be parked, stored, treated or processed in any way except within the building.

         Reason: In the interests of safeguarding the amenity of persons and businesses within the Estate, in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

5.      No vehicle parts or any materials associated with the permitted use shall be placed, stored, treated or processed in any way except within the building.

         Reason: In the interests of safeguarding the amenity of persons and businesses within the Estate, in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

6.      Any oil, fuel, lubricant and any other liquid or other potential pollutant shall be handled on the site in such a manner as to prevent pollution to the environment. For any liquid other than water, this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain the equivalent of 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both oil and water. All pipework should vent downwards into the bund.

         Reason: To safeguard amenity and minimise the risk of pollution, in accordance with Policies WMP25 and WMP28a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

         INFORMATIVES

1.      The Applicant's attention is drawn to the need to seek advice from the Environment Agency before the use commences regarding  ...  view the full minutes text for item 8.

Report by the Director of Communities, Economy and Transport

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

9.2       Mr Chris Herbert of SLR Consulting, the agent of the applicant, spoke in support of a grant of planning permission.

9.3       Members have considered the officer’s report and comments of the public speaker.  A motion to defer determination of the application was proposed, seconded, voted on and carried.

9.4       RESOLVED to defer further consideration of the application until after a site visit has been conducted.  

Report by the Team Manager, Planning Policy and Development Management

10.1     The Committee considered a report by the Team Manager Planning Policy and Development Management.  The Chair reported that the Local Member was in support of the recommendation.

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

10.3     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.      No development shall take place until a scheme and a programme of works to reduce the potential effects from the construction and use of the development on the habitats and species present within the Site of Nature Conservation Importance has been submitted to and approved in writing by the Head of Planning and Environment. 

         The scheme shall include:

i)  Full details of the Contractor's compound, delivery and access routes;

         ii)  A detailed timetable for construction and restoration activities;

iii) Full details of the location and extent of vegetation to be removed from site.

         iv) Measures that will be employed to ensure that the potential effects from the construction of the development on the habitats and species present within the site will be minimised;

         v)  Details of measures that will be taken to restore the application site on completion of the development;

         vi) Details of any measures that will be taken to manage and enhance the application site for the benefit of biodiversity on completion of the development;

vii) Management responsibilities for the implementation of the scheme.

The approved scheme shall be fully implemented in accordance with the approved timetable.

         Reason:  In the interest of conserving and enhancing the Site of Nature Conservation Importance, in accordance with Saved Policy NE20 of the Eastbourne Borough Plan 2001 - 2011

4.      If, during site preparation, construction or other works associated with the development, contamination not previously identified is found to be present at the site, development must cease, unless otherwise agreed in writing by the Head of Planning and Environment.  Development may not recommence until the applicant has received written approval from the Head of Planning and Environment for a remediation strategy detailing how this unsuspected contamination shall be dealt with.

         Reason: To protect the environment from any contamination at the site in accordance with Saved Policy NE20 of the Eastbourne Borough Plan 2001-2011

5.      No development shall take place until plans and full details of both hard and soft landscaping works have been submitted to and approved in writing by the Head of Planning and Environment and these works shall be carried out as approved. These details shall include:

         Hard Landscaping

          - Proposed finished levels or contours

          -  ...  view the full minutes text for item 10.

Report by the Director of Communities, Economy and Transport

11.1     The Committee considered a report by the Director of Communities, Economy and Transport.  Further plans showing the elevations of the proposal were circulated.

11.2     Councillor John Fair of Wivelsfield Parish Council spoke regarding the application and traffic concerns.

11.3     Mr Sean Hambrook of the Property and Capital Investment Team in Orbis on behalf of the Applicant, spoke in support of the application.

11.4     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 7 of the report.

11.5     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.      No construction shall take place in connection with the development hereby approved at any time other then between the hours of 0730 and 1800 on Mondays to Fridays inclusive and between the hours of 0730 and 1300 on Saturdays and at no time on Sundays, Bank and Public Holidays unless with the prior written agreement of the Director of Communities, Economy and Transport.

         Reason: To safeguard the residential amenities of the occupiers of properties in the vicinity of the site in accordance with Saved Policy ST3 of the Lewes District Local Plan 2003.

4.      Prior to the commencement of the development hereby permitted a Construction Traffic Management Scheme shall be submitted to and approved by the Director of Communities, Economy and Transport and shall include the size of vehicles, routeing of vehicles and hours of operation. The hours of delivery/collection should avoid peak traffic flow times and AM/PM peak school travel times. Details should also be provided on contractors' parking which should be provided off-street. The development shall be carried out in accordance with the approved Construction Traffic Management Scheme, unless with the prior written agreement of the Director of Communities, Economy and Transport. 

         Reason: In the interests of highway safety and amenity, in accordance with Saved Policies ST3 and T1 of the Lewes District Local Plan 2003.

5.      Development shall not commence until details of wheel washing facilities have been submitted to and approved in writing by the Director of Communities, Economy and Transport. The approved details shall be implemented in full before the commencement of development and the facilities shall be maintained in working order during the construction period and shall be used by any vehicle carrying mud, dust or other debris on its wheels before leaving the site. No vehicle associated with the development shall leave the site carrying mud, dust or debris.

         Reason: In the interests of highway safety and the amenity of the locality, in accordance with Saved Policies ST3 and  ...  view the full minutes text for item 11.

12.1     The Committee, as agents for the South Downs National Park Authority, considered a report by the Team Manager Planning Policy and Development Management.  Clarification regarding the financial contribution referred to in the recommendation was provided, to insert the word “processing”. 

12.2     Councillor Tony Wheeler of Kingston Parish Council spoke regarding traffic management in the village.

12.3     Mr Sean Hambrook of the Property and Capital Investment Team in Orbis on behalf of the Applicant, spoke in support of the application.

12.4     Members have considered the report and comments of the public speakers, and agree with the officer’s conclusion at paragraph 9 of the report.

12.5     RESOLVED to grant planning permission subject to the following conditions and subject to the completion of an undertaking under s106 of the Town and Country Planning Act 1990 with obligations relating to: a financial contribution of £5000 payable to the Highway Authority towards the costs of processing a Traffic Regulation Order.  The Traffic Regulation Order would seek to extend the existing school ‘Keep Clear’ markings in Wellgreen Lane and to make them mandatory.

01.       The development hereby permitted shall be carried out in accordance with the following plans:

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

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

Reason:  To comply with the provisions of Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

03.       Prior to the commencement of development of the extension or works to alter the car park details for the protection of trees and hedgerows from damage during construction shall be submitted to and approved by the Local Planning Authority.

The means of protection shall include:

i) any measures to prevent disturbance to soil levels within the root spread of the tree or hedgerow.

ii) protective fencing.

iii) check for nesting birds by an Ecologist

The approved details shall be implemented prior to construction and retained until all plant equipment and surplus materials have been removed from the site. Nothing shall be stored or placed in any area protected and the ground levels within these areas shall not be altered without the prior written agreement of the Local Planning Authority.

Reason: To protect trees from damage during construction.

04.       Unless otherwise agreed in writing development shall not commence until a Traffic Management Scheme has been submitted to and approved in writing by the Local Planning Authority This shall include the size of vehicles,  ...  view the full minutes text for item 12.