Agenda and minutes

46.1     The Committee RESOLVED to approve as a correct record the minutes of the meeting held on 14 February 2018. 

47.1     Apologies for absence were received from Councillor Bowdler. 

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.

48.1     Councillor Dowling declared a personal interest in Item 6 as a member of Wealden District Council which had submitted representations on the proposal.  She did not consider the interest to be prejudicial.

48.2     Councillor Grover declared a personal interest in Item 5 as a member of Newhaven Town Council which had submitted an objection to the proposal, although he does not sit on the Town Council’s Planning Committee.  He did not consider the interest to be prejudicial.

48.3     Councillor Taylor declared a prejudicial interest in Item 6 as the owner of a business adjacent to the application site, and agreed to leave the Chamber during consideration of the item. 

48.4     Councillor Taylor also declared a personal interest in Item 7 – Site 3, in that he is a Member of the East Sussex Fire Authority and the request for the amendment to the parking restrictions had been requested by the Fire Service.  He did not consider the interest to be prejudicial.

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

Report by the Head of Planning and Environment

50.1    The Committee considered a report by the Head of Planning and Environment. 

50.2    Councillor Johnny Denis (Lewes District Council) spoke against the application.

50.3    Mr Andrew Hack, Estate Manager of FM Conway, spoke in support of the application  

50.4    Councillor Daniel proposed an additional condition related to the feasibility of bringing one of the site wharves into use. 

50.5    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, together with the additional condition suggested by Councillor Daniel.  

50.6    RESOLVED by a majority to approve planning permission, together with the additional condition (number 21) subject to the completion of the following procedure:

(i)        The completion of a Legal Agreement to secure a contribution of £15000 towards initiatives in the Newhaven Air Quality Action Plan:

(ii)       To authorise the Head of Planning and Environment to grant planning permission, upon completion of the Legal Agreement in (i) above, subject to conditions, along the lines set out Minute 50.8 below.

50.7    If the Legal Agreement has not been completed by 31 August 2018, the application will be referred back to Committee for determination.

50.8 The grant of planning permission shall be 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.      Construction and subsequent development shall be carried out in accordance with the conclusions and recommendations in Section 8.7 to the ‘Report on Preliminary Ground Investigation’, Issue 3, dated March 2017 by Applied Geology Limited (ref. AG2519-16AA17).

         Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy ST30 in the Lewes District Local Plan 2003.        

4.      If, during construction, contamination not previously identified is found to be present at the site then no further construction (unless otherwise agreed in writing with the County Planning Authority) shall be carried out until the applicant has submitted and obtained the written approval of the Head of Planning and Environment for a remediation strategy detailing how this unsuspected contamination shall be dealt with.

         Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy ST30  ...  view the full minutes text for item 50.

Report by the Director of Communities, Economy and Transport

51.1    Councillor Taylor left the Chamber during consideration of this item.

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

51.3    Mrs Heather Rajaratnam, local resident, and Mr Matthew Weston, of Southdowns Environmental Consultants, spoke against the application.

51.4    Ms Lisa Kemp of Haulaway, the applicant, spoke in support of the application 

51.5    A further condition in respect of noise and residential amenity was discussed.

51.6    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, together with the additional condition. 

51.7    RESOLVED unanimously to approve planning permission, together with the additional condition (number 21), subject to the completion of the following procedure:-

(i)      The completion of a Legal Agreement to require: (1) details for the works to the public highway on Summerhill Lane/A22 junction; (2) the extension of the vehicle passing bay on the access track and the widening of the track; and (3) details for the continuation of the routeing of vehicles travelling to and from the site via the A22 and Summerhill Lane;

(ii)    To authorise the Director of Communities, Economy and Transport to grant planning permission, upon completion of the Legal Agreement in (i) above, subject to conditions, along the lines set out in minute 51.9 below.

51.8    If the Legal Agreement has not been completed by 15 November 2018, the application will be referred back to Committee for determination.

51.9    The grant of planning permission shall be subject to the following conditions:

Time Limit

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.

         General Operations

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.      Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any other order revoking and re-enacting that Order with or without modification) no plant, building or machinery, whether fixed or moveable, shall be erected other than as expressly authorised by this permission unless with the prior written approval of the Director of Communities, Economy and Transport.

         Reason: To enable the Waste Planning Authority to control the development in the interests of the amenity of the locality, in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policies EN27 and EN8 of the Wealden Local Plan 1998.

4.      Unless otherwise agreed in writing by the Director of Communities, Economy and Transport the total amount of waste imported to the site shall not exceed 40,000 tonnes per annum, as specified in paragraph 3.11 of the Planning Supporting Statement Document, Reference WIE 11671-100-R-1.2.2-PlanStmt, dated August 2017.

         Reason:  ...  view the full minutes text for item 51.

Report by the Director of Communities, Economy and Transport

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

52.2    The following members of the public spoke on the following sites:

            Site 3              Mr John Threlfall 

            Site 7              Mr David Williamson

            Site 8              Councillor Jonathan Dow (Eastbourne Borough Council)

52.3    The following Local Members and members of the Planning Committee spoke on the following sites:

            Sites 2, 5 and 8        Councillor Rodohan

            Site 3                          Councillor Taylor

52.4    Members have considered the officer’s report, together with the comments of the public speakers and Local Members, and agree with the conclusions and reasons for recommendation as set out in paragraph 2 of the report.

52.5    RESOLVED to (1) uphold the objections to the draft Order as set out in Appendix 1 to this report;

(2) not uphold the objections to the draft Order as set out in Appendix 2 of this report; and

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