Horsham District Council, Parkside, Chart Way, Horsham, West Sussex RH12 1RL Telephone: 01403 215100 (calls may be recorded) Horsham.gov.uk Chief Executive – Tom Crowley

Email: committeeservices@horsham.gov.uk Direct line: 01403 215465

Development Control (North) Committee Tuesday 21st July at 5.30pm Park Suite, Parkside, Chart Way, Horsham

Councillors: Liz Kitchen (Chairman) Ian Howard (Vice-Chairman) John Bailey Tony Hogben Andrew Baldwin Adrian Lee Toni Bradnum Christian Mitchell Alan Britten Josh Murphy Karen Burgess Godfrey Newman Peter Burgess Brian O’Connell John Chidlow Connor Relleen Roy Cornell Stuart Ritchie Christine Costin David Skipp Leonard Crosbie Simon Torn Jonathan Dancer Claire Vickers Matthew French Tricia Youtan

You are summoned to the meeting to transact the following business Tom Crowley

Chief Executive

Agenda

1. Apologies for absence

2. To receive any declarations of interest from Members of the Committee – anyclarification on whether a Member has an interest should be sought before attendingthe meeting

3. To receive any announcements from the Chairman of the Committee or the ChiefExecutive

To consider the following reports of the Development Manager and to take such action thereon as may be necessary:

(a) Appeals (b) Applications for determination by Committee:

Item No.

Ward Reference Number

Site

A1 Denne DC/15/0499 Land East of A24, Worthing Road, Horsham A2 Itchingfield, Slinfold

and Warnham DC/15/0591 Land East of 1 To 25 Hayes Lane, Slinfold

A3 Broadbridge Heath DC/14/1943 Land North of Heath Barn Farm Bungalow, Billingshurst

Road, Broadbridge Heath A4 Itchingfield, Slinfold

and Warnham DC/15/0911 Gate Lodge, Stane Street, Slinfold

A5 Itchingfield, Slinfold

and Warnham DC/15/0882 1 Railway Cottages, Spring Lane, Slinfold

A6 Nuthurst DC/14/2234 Ghyll House Farm, Broadwater Lane, Copsale

4. Items not on the agenda which the Chairman of the meeting is of the opinion should

be considered as urgent because of the special circumstances

DEVELOPMENT MANAGEMENT COMMITTEE (NORTH) COMMITTEE 21ST JULY 2015

REPORT BY THE DEVELOPMENT MANAGER

APPEALS

1. Appeal Decisions

I have received notice from the Department of Communities and Local Governmentthat the following appeals have been determined:-

Ref No. Site Appeal Officer Recommendation

Committee Resolution

DC/15/1305 Oak Tree Farm, Ifield Wood, Ifield, Crawley Dismissed Refused N/A

ITEM A1 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT: Erection of 208 No. dwellings (southern site Phase 1) with associated access, parking and landscape works pursuant to outline planning permission DC/09/2138 (as amended by DC/11/2004) (Approval of Reserved Matters).

SITE: Land East of A24 Worthing Road Horsham West Sussex

WARD: Denne

APPLICATION: DC/15/0499

APPLICANT: Mrs Olivia Forsyth

REASON FOR INCLUSION ON THE AGENDA: Category of development RECOMMENDATION: It is recommended that planning permission be granted subject to

appropriate conditions 1. THE PURPOSE OF THIS REPORT

To consider the planning application. DESCRIPTION OF THE APPLICATION

1.1 In August 2010 Outline Planning Permission was granted for the development of 48.2

hectares of land to the east of the A24, as part of the West of Horsham strategic site. The Outline permission was granted for a development of up to 1044 No. dwellings including provision of employment floorspace, a fire station, a community centre and expanded school facilities along with associated highway infrastructure, public footpaths, landscaping, recreational and community facilities (application reference DC/09/2138). The Outline permission is subject to a legal agreement which secures a range of benefits associated with the development. Planning application DC/11/2004 permitted an amendment to condition 32 (relating to bus stops) of the Outline planning permission DC/09/2138. As this required the re-issuing of the Outline planning application this now forms the most up to date Outline planning permission on this site.

1.2 Since the granting of Outline consent a number of reserved matters applications for

residential phases, including those covering all of the northern part of the strategic site, have been granted, together with a number of smaller reserved matters and ancillary planning applications. The relevant site history can be found at Section 2 of this report.

Contact Officer: Helen Lowe Tel: 01403 215346

ITEM A1 - 2 1.3 The current application seeks approval for all matters reserved at the Outline stage in

respect of Phase 1 of the southern site, these matters being layout, landscaping, appearance and scale. This phase covers the northern and central parts of the southern site (i.e. the area of the strategic Land East of the A24 development site that lies to the south of the River Arun) and extends to an area of 10.45 hectares. The application covers 208 No. dwellings together with access arrangements, car parking provision and landscaping.

1.4 It is proposed to provide 30 No. apartments situated in three blocks around the central area of open space and the remaining 178 No. units would be provided as a mix of terraced, semi-detached and detached dwellings. The proposed apartments would be accommodated within 1 No. two storey block (plots 195 to 200) and 2 No. three storey blocks (plots 45 to 56 and plots 102 to 113). The apartment blocks are proposed to be tiled and have a largely brickwork, with some render, exterior.

1.5 The dwellings proposed within this phase would also be predominantly red brick but with some instances of render, timber boarding and tile hanging and it is proposed to use largely clay tiles for the roofing, however, some slate is also shown. The dwellings would be mostly 2 storey in height with a few instances of 2 ½ storey and 3 storey properties. The dwellings would be of varying design with pitched and hipped roofs and with projecting gables, balconies, porches and bay windows to add visual interest.

1.6 In addition to the residential units, the application seeks reserved matters approval for the layout of the site and the formation of open spaces towards the centre, together with the retention of a hedgerow belt around the southern edge of the phase, the buffer to the edge of the A24 and the creation of 3 No. drainage basins towards the norther edge of the phase.

1.7 In summary, the proposed development would provide the following:

• 30 No. 2 bed apartments • 8 No. 2 bed houses • 30 No. 3 bed houses • 107 No. 4 bed houses • 33 No. 5 bed houses • 611 No. car parking spaces (including 46 No. visitor/unallocated spaces)

DESCRIPTION OF THE SITE

1.8 The strategic allocated site is located approximately 1.5km from Horsham Town Centre

and is bordered by the A24 on its western boundary, the Bognor/London mainline railway to the south, Tanbridge House School to the north and Hills Farm Lane, Henderson Way and Windrum Close to the east.

1.9 Hills Farm Lane, Henderson Way and Windrum Close to the east of the development site mark the existing built up area boundary where a mix of detached, semi-detached and terraced properties of two and to a lesser extent 3 storeys in height are served off a series of cul-de-sacs. The land to the west of the A24 also forms part of the wider strategic allocated site to the West of Horsham and was granted Outline permission for 963 dwellings under planning reference DC/09/2101.

1.10 The site subject to this application is known as Phase 1 of the southern site and is situated just to the south of the River Arun and forms the northern and central parts of the southern site. The site extends to the location for the new public sports pitches in the east and to the edge of the A24 in the west. The main access into the site would be via a new bridge over

ITEM A1 - 3

the River Arun (currently under consideration under application DC/14/2373) linking to the northern part of the development site and the newly constructed junction with the A24. A second access, to provide a bus link, would be provided to the north eastern corner of this phase with a bridge to link up with Hill Farm Lane, subject to a future application.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY

2.2 National Planning Policy Framework (2012) (NPPF)

- Section 4: Promoting sustainable transport - Section 6: Delivering a wide choice of high quality homes - Section 7: Requiring good design - Section 10: Meeting the challenge of climate change, flooding & coastal

change Planning Policy Guidance (2014)

RELEVANT COUNCIL POLICY 2.3 Local Development Framework: Core Strategy (2007) (Core Strategy) policies:

- CP1: Landscape and Townscape Character - CP2: Environmental Quality - CP3: Improving the Quality of New Development - CP4: Housing Provision - CP7: Strategic Allocation – West of Horsham - CP12: Meeting Housing Needs

2.4 Local Development Framework: General Development Control Policies (2007) (GDCP)

policies:

- DC1: Countryside Protection and Enhancement - DC2: Landscape Character - DC7: Flooding - DC8: Renewable Energy and Climate Change - DC9: Development Principles - DC18: Smaller Homes/Housing Mix - DC40: Transport and access

2.5 Local Development Framework: Supplementary Planning Documents:

- Land West of Horsham Masterplan (2008) - Land West of Horsham Design Principles and Character Areas (2009) - Planning Obligations (2007)

2.6 Policy CP7 of the Core Strategy sets out the key principles for this strategic development

site, with specific guidance on the ‘visions’ for this development being set out in the Land West of Horsham Masterplan SPD and the Land West of Horsham Design Principles and Character Areas SPD.

ITEM A1 - 4 2.7 Horsham District Planning Framework:

The emerging Horsham District Planning Framework (HDPF) was approved by Council on 30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent Examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Examination of the HDPF was undertaken by an independent Planning Inspector in November 2014, and the Inspector published his Initial Findings on 19th December 2014. The Inspector considers the overall strategy of the plan to be sound as is made clear in paragraph 4 of his Initial Findings: ‘On balance, I consider the overall strategy to concentrate growth in the main settlements in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP), is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services..’ The Inspector suspended the Examination of the HDPF, after the initial round of Hearing sessions, for a 6 month period to allow time for the Council to show how the annual housing provision can be increased to provide for a minimum of 750 dwellings per annum (15,000 over the plan period). The representation period for the HDPF Main Modifications ran from 23rd March 2015 until 5th May 2015. Following the receipt of representations, the Inspector has decided to resume Hearings to discuss the issues raised. The Hearings re-opened on 3rd July 2015 to consider only the issues outlined in the Initial Findings and the final report is now awaited. Given the Inspector’s Initial Findings, the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy.

PLANNING HISTORY

DC/09/2138 Development primarily of up to 1044 dwellings including provision of employment floor space, fire station, community centre and expanded school facilities. Construction of a principal vehicular access from A24 (southbound) together with secondary bus/cycle/pedestrian accesses from Hills Farm Lane, internal highway network, diversion of existing public footpaths and a replacement footbridge over A24. Formation of associated landscape works including playing fields, allotments, recreation facilities and construction of acoustic bund/fence alongside A24 (Outline)

PER

DC/10/0006 Erection of 196 dwellings, comprising phase 1 of the comprehensive development of Land East of A24, West Horsham, for primarily residential purposes. Creation of a new vehicular/pedestrian/cycle access from Hills Farm Lane, together with the internal highway network, footpaths and drainage works. Formation of the related landscaping, open space and recreation facilities, including additional facilities for Tanbridge House School

PER

DC/11/2004 Variation of Condition 32 of DC/09/2138 (Outline permission for development of up to 1044 dwellings) to be revised as follows: "The provision of a northbound bus stop adjacent to

PER

ITEM A1 - 5

the Hills Farm Lane (north) access, raised kerbing and shelter; provision of a south bound bus stop and raised kerbing together with a scheme for the provision of an additional bus stop and/or shelter to be submitted and approved in writing by the Local Planning Authority"

DC/11/2243 Erection of 35 dwellings (27 x 3-bed and 8 x 4-bed) Phase 1A of outline permission DC/09/2138 (1044 dwellings) on land West of Windrum Close, Horsham (Approval of Reserved Matters)

PER

DC/12/1259 Approval of reserved matters for 46 dwellings (Phase 2) pursuant to planning permission DC/11/2004 as originally approved under DC/09/2138

PER

DC/12/1737 Provision of detention basin 5 with associated earth/landscape works (Approval of Reserved Matters)

PER

DC/12/2022 Infrastructure application to include access ramp from A24, piazza junction, commercial access road, north/south spine road, levelling groundworks, surface water detention basin 2, BMX track and associated landscape works (Approval of Reserved Matters)

PER

DC/12/2298 Construction of an extra care facility (C2 Use class) to include 105 apartments (43 x 1-bed, 62 x 2-bed) and communal facilities to include fully serviced restaurant, living/activity room, therapy/hairdressing suite, staff facilities with associated access, car parking and landscape works

PER

DC/12/2389 Erection of 42 dwellings Phase 3A (comprising 12 x 2-bed, 11 x 3-bed, 13 x 4-bed and 6 x 5-bed dwellings/flats) including landscaping works - approval of reserved matters pursuant to outline planning permission DC/09/2138 (as amended by DC/11/2004 - Development of up to 1044 dwellings)

PER

DC/13/1976 Erection of 69 residential units (phase 3b) with associated access, parking and landscape works pursuant to outline planning permission DC/09/2138 (as amended by DC/11/2004) (Approval of Reserved Matters)

PER

DC/14/1457 Erection of 115 dwellings (Phase 2B) with associated access, highway, parking and landscaping works pursuant to outline planning permission DC/09/2138 (as amended by DC/11/2004) (Approval of Reserved Matters)

PER

DC/14/2373 Provision of North-South bridge crossing the River Arun with associated landscaping works pursuant to outline planning permission DC/09/2138 (as amended by DC/11/2004) (Approval of Reserved Matters).

PENDING

3. OUTCOME OF CONSULTATIONS INTERNAL CONSULTATIONS

3.1 Arboricultural Officer: No objection subject to suitable conditions

• The perimeter trees have been retained and located outside areas of residential development where they would be under the control of a management company, which better ensures their retention;

• The sole large tree to be sited in a residential garden (T90) is a large Oak. This tree could face future pressure for removal on the grounds of shading, however, this tree

ITEM A1 - 6

has long been in decline and may not therefore survive the development process. The adjacent tree (T89) is a far better specimen and will be retained in public open space and would not cause unacceptable shading.

3.2 Archaeology Consultant (summarised): No objection

• The submitted Archaeology South-East Written Scheme of Investigation and proposed trench layout are fit for purpose;

• The proposed methodology for evaluation of reporting is acceptable and therefore no objections are raised.

3.3 Building Control: No comments received

3.4 Community & Culture (summarised): Comment

• The formal sports and community facilities for this site form part of a different area in relation to which the developer is currently liaising with the Council;

• The application suggests public art is delivered in the character area, which is supported.

3.5 Ecology Consultant (summarised): No objection subject to conditions

• The information, including the additional details, provided by the applicant along with the baseline documents relating to the outline application have been reviewed;

• No objections are raised subject to conditions relating to reptile translocation and breeding birds.

3.6 Environmental Services (summarised): Comment

• The developer is requested to submit a tracking plan to show analysis of vehicle manoeuvrability for accessing different parts of the site;

• There is concern that there will not be access to plots 77, 94, 95 and 96 and it is requested that laybys be provided to ensure that refuse trucks can pass parked vehicles.

(Officer Note: a tracking plan has been submitted and a further consultation sent to Environmental Services. No further comments have been received at time of writing)

3.7 Landscape Consultant (summarised): No objection The reserve matters layout for this parcel is broadly in line with the illustrative masterplan previously submitted and approved at the outline planning application stage. It demonstrated the main hedgerow and substantial oak trees will be appropriately retained in open space areas, outside of private gardens and that there will be adequate new planting provided to soften and reinforce the site boundaries, to create attractive open spaces and to contribute to the streetscape. A number of specific concerns are raised relating to attenuation basin design details and to the central, formal open space design but it is considered these matters can be dealt with by appropriate conditions.

3.8 Public Health & Licensing (summarised): No comments

3.9 Technical Services (Drainage) (summarised): No objection subject to condition • The drainage strategy submitted defines how flood risk to the proposed development

site will be managed, taking into account climate change; • Following discussions with the Environment Agency, they are satisfied with the flood

compensation areas included in the Surface Water Strategy; • Conditions requiring detailed design should be attached to any approval.

OUTSIDE AGENCIES

3.10 Environment Agency (summarised): No objection

ITEM A1 - 7

• Having reviewed the submitted and additional details there is no objection subject to compliance with the conditions of the Outline approval

(Officer Note: verbal confirmation of above comment received 29th June 2015)

3.11 Southern Water: Comment • No development or new tree planting should be located within 6.5m either side of the

centreline of the public sewer and existing infrastructure should be protected during construction works;

• There is a deed of easement for the foul sewer within the site; • The site is subject to an inset agreement between Southern Water and SSE. The

sewerage within the site boundary is the responsibility of SSE Water.

3.12 Sussex Police (summarised): Comment • The Design and Access Statement gives mention to adopting Secured by Design

(SPD) principles across the development; • The development has outward facing dwellings with back to back gardens which

creates good active frontages and overlooked public spaces, however, there are some vulnerable rear garden pathways;

• Parking is provided, in the main, within curtilage, rear parking courts, car barns and on street parking bays, which should leave the street free and unobstructed;

• Where parking courts occur, these should be within view of active rooms; • The boundary between public and private spaces is clearly indicated and front

boundary treatments should be kept low. Defensible barriers to a minimum height of 1.8m, including side access gates, should be provided and it is recommended that rear garden fencing is 1.5m high close boarded fence with 0.3m trellis on top, where these border rear access paths;

• The car barns should have dusk till dawn lighting within them; • The central green space should be protected from unauthorised parking and have

vegetation no higher than 1m and tree canopies no lower than 2m to provide a window of surveillance.

3.13 WSCC Highways (summarised): No objection

• The transport implications of the West of Horsham strategic development were addressed comprehensively at the outline planning stage, however, a Transport Statement has been submitted with this application dealing with issues relevant to this phase;

• The bus service to run from Horsham to Broadbridge Heath through this development site and that to the south of Broadbridge Heath is not running yet as it is awaiting infrastructure provision. The route of this service passes through this phase and whilst this has changed slightly from that shown on the indicative masterplan, it is broadly similar and is therefore acceptable in principle;

• The route of the bus service requires a 6m wide carriageway and a swept path plan showing this needs to be provided;

• In addition, few visitor parking laybys are shown along this route and there is concern that on-street parking could obstruct the free flow of traffic and bus services;

• The provision of visitor parking spaces should be spread throughout the phase, however, the overall number of spaces is acceptable;

• Definitive public footpath FP1634 runs along the southern edge of the site and it appears that this is to be retained without diversion, but this needs to be clarified. Improvements to the surfacing would also be required.

Officer Note: Subsequent to the receipt of the initial consultation response from WSCC Highways revised plans and details have been submitted, including a swept path plan, which show a dispersal of visitor layby parking spaces and confirm the public right of way

ITEM A1 - 8

is to be retained with its current route (as it relates to the stretch running through this phase). WSCC Highways have therefore now confirmed that they have no objection to the proposal.

PUBLIC CONSULTATIONS

3.14 Denne Neighbourhood Council: No objection • The concerns and queries raised by Denne NC have now been responded to and the

amendments to the scheme are welcomed; • There is some concern that new Councillors may not be fully aware of the overall

development site context and how this application site relates, particularly to the road access from the northern site and from Hills Farm Lane;

• Denne NC would like to be involved in any future discussions relating to the landscaping and public art in the open space.

3.15 One letter of representation has been received from Hills Farm Conservation Group,

which makes the following summarised comments: • Environment Agency changes to the flood extents may require a redesign of the

attenuation basins, particularly basin 3, parts of which extend into the current 1 in 100 year + 20% flood extent contour;

• Basins 3A and 3B appear to serve additional land outside the application site and therefore their capacity cannot be established at present;

• It appears that the adjacent land to form allotments may include raising of ground levels, which would be within the flood plain and should be accounted for in capacity calculations;

• The route of the public footpath to the north of this phase should be revised in a more direct route to avoid boggy land and a need for an embankment to adjoin the north/south bridge;

• The retained hedgerow should be continuous, wide and dense with native species used and provide links between elements for a continuous wildlife corridor. Chemicals should not be used where they may drain into the river or drainage basins;

• Amenity grass should be minimised as it requires maintenance, and be substituted with native wild grasses, plants and shrubs;

• Large features trees within the development should be species well known within the locality.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS 6.1 The key issues for consideration in the determination of this proposal are:

• Compliance with the principles established through the Outline parameter plans • Linkages with the principal S106 legal agreement; • Character and design of the proposed development;

ITEM A1 - 9

• Highway matters; • Drainage, Archaeology and Ecology

Compliance with the principles established through the Outline parameter plans

6.2 The Outline planning permission established the principles for the Land East of the A24

development site through the approval of a number of parameter plans and technical supporting information. These parameter plans set out the location of the main land uses; the vehicular, pedestrian and cycle accessibility; the landscape strategy; the density of development; and, building heights.

6.3 The site subject to this application covers the northern and central sections of the southern

site, that being the land to the south of the River Arun. The site extends from the A24 in the west across to the edge of proposed community building and sports pitches in the east (the community building and the sports pitches have online permission only at this time). This part of the site is shown on the Land Use parameter plan as a residential development zone with surface water attenuation ponds to the northern edge. The current application is a largely residential phase with 3 No. attenuation ponds adjacent to the river corridor. The application is therefore considered to be in accordance with this Land Use plan.

6.4 The Vehicular Access and Circulation parameter plan shows this phase including the

southern loop of the primary (and also bus) route, with 3 No. secondary routes linking from this. The current application includes this primary route loop running from the main spine road bridge over River Arun southwards and then eastwards before returning northwards and connecting with a separate bridge over the River Arun providing a bus link through to Hills Farm Lane. Both bridges fall outside the site of this current application. The primary, and bus, route lies on a slightly different alignment to that shown on the parameter plan, however, the route is very similar in that it extends to the centre of this phase and connects to the two river bridges. In addition, the position of the secondary routes remains as per the approved parameter plan. Given the slight change to the positioning of the primary route, the associated pedestrian and cycle route has been amended, however, again this follows broadly the same route. Furthermore, the southern edge of this site includes part of an existing public right of way (FP1634) and the elements of this within the site are shown to follow its existing route. Whilst part of this right of way in intended to be re-directed, this lies outside this application site. It is therefore considered that the proposed layout of this phase is in broad accordance with both the Vehicular Access and Circulation parameter plan and the Pedestrian and Cycle Strategy parameter plan.

6.5 The slightly altered primary route has subsequently resulted in a slight change to the

positioning of the central open spaces and the higher built form that was approved to sit around these spaces. The open spaces to the centre of the site are now proposed to lie to the immediate west of the primary route, rather than lying to the east. Whilst this is a slight change, the important trees within these locations would be retained and the principle of providing centrally positioned open spaces would remain. Furthermore, the important hedgerow belt running around the southern edge of this site would be retained.

6.6 The Building Heights parameter plan shows most of the site to comprise 2 storey

development, with an area around the central open space having development of 3 storeys in height, and then an area stretching east from this (along the primary route) that is shown with 2 ½ storey development. There are also 3 No. other small locations shown with 2 ½ storey development. The current application shows predominantly 2 storey built form, but with a mix of 2 ½ storey and 3 storey dwellings around the central open space and again a mix of 2 ½ storey and 3 storey buildings to the east of this along the primary route. It is also proposed to create small clusters, of 3 No. or 4 No. dwellings with 2 ½ or 3 storey height in a few other locations. These locations broadly coincide with those shown on the parameter

ITEM A1 - 10

plan. Whilst there are some differences between the current application and the parameter plan it should be noted that this was based only on an indicative masterplan and not on a finalised layout, therefore the exact positioning of dwellings was not known at that stage. Notwithstanding this, the approach of having the taller forms of development around the central area and along the primary vehicular and bus route has been followed and the overall scale of development is considered to be substantially in accordance with the approved Building Heights parameter plan.

6.7 In relation to the density of the development, the approved Density parameter plan shows

the majority of the southern site to have a density of 31 dwellings per hectare (dph) with a higher density area situated around the main open space and primary route area. The density of the phase subject to this application is 28 dph. Whilst this is slightly below the density shown on the parameter plan, the area around the central open space does exhibit the highest density area with the positioning of the three apartment blocks in this location. It should also be noted that the density shown on the parameter plan is an average across the southern site and the details of the remainder of this southern site remain to be considered under a separate reserved matters application. It is therefore considered that the proposal satisfactorily accords with the aims of the Density parameter plan.

Linkages with the principal S106 legal agreement 6.8 As a reserved matters application, the infrastructure and other contributions and works

required in connection with the wider development of this site are linked to the principal S106 legal agreement secured in connection with the Outline planning permission (DC/09/2138 and subsequently tied to DC/11/2004). The principal legal agreement secures the undertaking of highway works, the provision of open space, play and sports land, affordable housing, public art, recycling facilities, balancing ponds, land for Tanbridge School and a community building, and contributions towards highways and transportation, education, a community building and sports facilities.

6.9 Within the legal agreement Schedule 26 Table B sets out the affordable housing phasing

schedule for the whole development site. This table has been updated to take account of the approved extra care facility (under application DC/12/2298) and shows that a total of 6 No. 3 bedroom shared ownership houses are to be provided across the southern part of the development site. The table further shows that these are to fall within phases 6 and 7. The current application site comprises phase 4, and parts of phases 5 and 8 (as shown on the approved phasing plan which forms part of the legal agreement). There is not therefore any requirement to provide affordable units on site as part of the current application.

Character and design of the proposed development 6.10 The Land West of Horsham Design Principles and Character Areas SPD (2009)

established a number of character areas to cover both this development site and that of Land to the South of Broadbridge Heath. The location of this phase falls within Character Area 2, which is defined as land between the River Arun and the railway line and covers all of the southern part of the development site. The specific design guidance for this character area (where relevant to this phase) and how the current proposal accords with this, is set out below.

DESIGN GUIDANCE COMMENT

Densities of about 35-40 dwellings per ha This density is generalised and applies to the entire southern section of the development site. As mentioned above in paragraph 6.7, the density parameter plan, approved as part of the Outline

ITEM A1 - 11

permission, established the principle of slightly higher densities around the central open space and then average densities across the remainder of the southern site. The application, with a density of 28dph, follows this approach and the overall density of the southern part of the site will be influenced by the details of the remaining phase(s) to come forward with separate reserved matters applications.

Mainly semi-detached and detached dwellings with potential for some terraced

The majority of the proposed dwellings are semi-detached or detached with a small number to be provided in short terraces. Whilst there are also three apartment blocks, these are clustered around the central open space and provide a greater sense of enclose to this area then individual dwellings would.

Dwellings should be predominantly 2 storey with scope for some 2 ½ - 3 storeys to denote key buildings and emphasis enclosures to the public realm

This phase incorporates mainly 2 storey dwellings with some at 2 ½ and 3 storey. The taller dwellings are generally situated around the central open space and along the primary/bus route.

Variety in design including roof form and materials And Roofing materials and colour to be sympathetic to locality but not detract from innovative design

As set out above in paragraphs 1.4 - 1.5 the proposed dwellings and apartment blocks would largely utilise red brick, but with some instances of rendering, tile hanging and cladding. The roofing materials are shown as largely clay tiles with some use of slate. The dwellings also show a varied design with different styles and elements to be incorporated.

Mainly informal, random layout, larger plots, gaps between dwellings and less regular building lines with scope for some structured layouts to add variety

This phase does have a largely informal layout with the main primary road taking a sinuous route and the secondary streets and cul-de-sacs leading from this in a varied pattern. The central open space would be somewhat enclosed by built form, but this area has a much less formal character than the square within the northern part of the site. This phase includes a considerable portion of larger dwellings and their correspondingly larger plots follow this design criteria.

Retention and enhancement of the existing public right of way And Enhancement and improvement of the

The majority of the right of way is to lie within a future phase, however, the short stretch leading to the underpass under the A24 lies within this phase and its alignment would not be altered. A new footpath linking this point with the river

ITEM A1 - 12

6.11 The overall layout of this phase has been largely determined by the parameters established

at the Outline stage and also by the necessary easements associated with the presence of a high pressure gas main and public sewers crossing through this area. As detailed above, the site would be accessed by the primary route running from the north/south bridge over

A24 pedestrian underpass corridor is proposed, which would run adjacent to the allotments (details to be under a separate application) and through the open space area to the south of the river. It is considered that this will provide a pleasant environment for walkers. WSCC have confirmed that they will be seeking surface improvements to the public right of way footpath as part of the diversion works to be brought forward under a future phase.

Dwellings orientated to front public areas e.g. streets, footpaths, informal open space/sports pitches and watercourse

All dwellings front towards streets and there are many instances of properties fronting onto the open spaces and towards the River Arun. Around the northern edge of the site there are dwellings fronting towards the river corridor and the proposed attenuation basins. In addition, there are dwellings fronting the retained hedgerow along the southern edge of the development.

Buffer planting to A24 and railway line to minimise visual impact/provide satisfactory living environment And Supplement the existing A24 roadside tree and shrub planting to reduce the visual impact of the new development as perceived from offsite views, including views from Highwood Hill and the A24

A 4m high acoustic fence is to be provided adjacent to the A24 in order to ensure a satisfactory noise environment for future residents. It is proposed to retain existing planting along this corridor where possible and to augment this with additional planting to create a 10 – 25m wide buffer to the edge of the built development. The buffer is to include native shrub and tree planting and will provide additional visual screening of the development from outside the site, including from Highwood Hill. Planting along the A24 side of the acoustic fence will be secured through a condition attached to the planning approval for the temporary construction access (reference DC/14/2133). This phase does not extend as far south as the railway line.

Open space could be designed around existing trees to ensure their long term retention is feasible and so that they contribute to the local amenity

The large oak trees within this phase are to be retained within areas of open space. The additional trees and hedgerow along the southern edge of this phase are also shown to be retained largely within open space and outside of private ownership.

ITEM A1 - 13

the River Arun with a number of secondary and then lower order streets and cul-de-sacs running from this. The majority of dwellings would have ‘in curtilage’ parking in the form of both spaces and garages. A small number of properties and the apartment blocks would be served by small parking court areas with some open car barns, however, these have been designed to be somewhat open and overlooked by the adjacent residential units in order that there are means of natural surveillance.

6.12 All the dwellings and apartment blocks would front streets and open spaces and the

majority of rear garden spaces are therefore provided in a ‘back to back’ arrangement, which aids security of these areas. Each of the dwellings would benefit from private garden areas, with these having a minimum length of around 9m and many being somewhat larger. This approximate level of garden space provision is comparable with previously approved standards within the earlier phases of this development site and those within the South of Broadbridge Heath development site. The apartment blocks would have small areas of communal space and due to their position, they would be within very close proximity of the main open spaces within the phase. It is considered that the spacing around the dwellings and the apartment blocks is acceptable and does not differ significantly from other phases of this wider site.

6.13 It is noted that the mix of dwellings to be delivered across this phase includes a

considerable number of larger properties (as set out above in paragraph 1.7), however, this mix should be viewed as a whole across the wider site. Across the southern part of the site (i.e. this application and that yet to be considered under a future application) the overall mix is anticipated to result in 4 No. 1 bed units, 133 No. 2 bed units, 172 No. 3 bed units, 158 No. 4 bed units and 41 No. 5 bed units. Taking this mix and combining it with the northern site, which is delivering a higher number of smaller units, the overall proportion of 2 bed units would be 35% and the proportion of 3 bed units would be 29%, with 5 bed units amounting to just under 9% of the total. The proposed mix, when taken together with the lower densities approved for this southern site and the design guidance of allowing for larger plots here, is considered to be acceptable.

6.14 The western edge of the site is formed by the A24 corridor and an area of buffer planting is

to be provided along this edge (ranging between 10 – 25m in width). This planting will provide some visual screening of the proposed acoustic fence which is to be situated adjacent to the A24 in order to control the noise environment for future residents. This A24 corridor area would also provide a new footpath to link up with a footpath around the northern edge of this phase (along the river corridor). Within the river corridor, but outside of the flood zone, three surface water attenuation basins are to be provided. The design of these basins ensures that they do not have uniformly steep edges, rather they have varying gradients and will be incorporated into the landscaping of the river corridor in order that they can provide usable open space when not required for water retention.

6.15 In terms of the landscaping throughout the site, it is acknowledged that there are areas

where hardsurfacing, largely in the form of off street car parking spaces, dominates. However it is also known that the positioning of the easements associated with the gas main and foul sewer impose restrictions in terms of the level and scale of planting that is possible. Some street planting is proposed to be introduced along with reinforcement planting along the southern boundary hedgerow and along the river corridor to the north. As discussed above, the large oak trees within the site are to be retained and incorporated into the main open spaces adjacent to the primary route. These spaces will provide visually appealing and open areas, and the main space is also the possible location for a piece of public art, which was secured through the principal legal agreement. The specific details of the public art are to be determined at a later stage through a separate application. These spaces together with the treatment of the site boundaries and attenuation basins, will ensure an appropriate character for this part of the wider development site.

ITEM A1 - 14 Highway matters 6.16 As detailed above in paragraphs 6.2 to 6.7, the highway layout and accessibility of this

phase broadly follows the parameters established at the Outline permission stage. The proposed development would be accessed from a new bridge spanning the River Arun and forming part of the main north/south spine road running through the development. This spine road then links to the new grade separated junction with the A24 to form the main vehicular access point. In addition a separate bridge is proposed (although not as part of this application) to create a bus link through to Hills Farm Lane. Within the site, the primary route links to a number of secondary streets, lanes and cul-de-sacs, with the lower order lanes to be provided as a shared surface.

6.17 The travel demand anticipated as a result of the 208 No. dwellings proposed as this phase

would be 102 and 106 two-way vehicular movements in the AM and PM peak periods respectively. This level of trip generation is in line with that assessed within the Transport Assessment submitted and approved as part of the Outline permission. West Sussex County Council, as Highways Authority, have not raised any objection to the proposal, as the infrastructure and services required to serve this phase have previously been secured through the principal S106 legal agreement and Outline permission.

6.18 The proposed development would provide a total of 611 No. car parking spaces to the 208

No. residential units. This car parking provision would be split between allocated spaces and garages and unallocated or visitor spaces, with the following breakdown:

Category Number

Garages 213 Allocated spaces 352 Unallocated/Visitor spaces 46

The applicant has stated that the proposed development would create a demand of 607

No. spaces when using the West Sussex County Council Parking Demand Calculator. This calculator sets out a maximum standard and as the proposal would provide 611 No. spaces, it is considered that this level of provision would satisfactorily address the car parking requirements of the residential units proposed. The Highways Authority had some initial concerns regarding the provision of spaces along the primary route in order that vehicles, and specifically the bus service, would not be disrupted by on-street parking. The applicants have subsequently revised the parking layout and provided an additional 4 No. visitor spaces. Following this revision, the Highways Authority have no objection to the level of car parking provision proposed.

6.19 The proposal will provide cycle parking in accordance with the West Sussex County

Council Guidance, with all dwellings with 3 No. or more bedrooms being provided with 2 No. cycle parking spaces each and the smaller dwellings and apartments being provided with cycle parking provision to the level advocated through the WSCC Guidance. The cycle parking spaces will be provided either within garages, garden sheds or communal cycle storage buildings. It is considered that the level of cycle parking provision proposed would be suitable for the development and allow for sufficient opportunities for the use of sustainable modes of transport.

Drainage, Archaeology and Ecology Drainage 6.20 The site subject to this application is situated such that all built development would be

located within Flood Zone 1, as defined by the Environment Agency, with this being land with the lowest probability of flooding. In terms of surface water drainage, the site is

ITEM A1 - 15

designed to ensure run-off rates do not exceed existing greenfield rates, with water to be attenuated in a series of basins situated along the river corridor. The basis for these basins has been approved as part of the overall drainage strategy for the wider development site.

6.21 This application includes 3 No. attenuation basins along the northern edge of the phase.

These basins (known as basins 3A, 3B and 4) are largely situated outside of the 1 in 100 year (plus 20% allowance for climate change) flood zone and where there is a small section which lies within this flood zone an appropriate compensation area has been agreed with the Environment Agency. The attenuation basins have been designed to accommodate (together with basin 5, which already has full permission and has been constructed) surface water run-off from the southern site. The phase currently under consideration would drain to each of basins 3A, 3B, 4 and 5, with basin 5 being located just to the north east of this part of the site. Neither the Environment Agency nor the Council’s Drainage Engineer have raised any objections to the proposal and recommend that full details of the proposed drainage, to comply with the overall strategy, can be satisfactorily controlled by a condition.

Archaeology 6.22 The applicant has submitted an archaeological written scheme of investigation (WSI) as

part of the application. This WSI outlines the archaeological investigations that have been undertaken across the wider development site and the aims of the archaeological work to be undertaken in respect of the phase subject to this application. The WSI then also sets out the proposed methodology, which is to involve the excavation of trenches and subsequent recording of any archaeological features or deposits found. The Council’s Archaeological consultant has reviewed the details provided with the application and has confirmed that these are appropriate and therefore raises no objection to the proposal.

Ecology 6.23 In terms of ecological value, the application site includes part of the southern bank to the

River Arun and an existing hedgerow along the southern boundary. The southern bank of the river is to form informal open space and connect with the attenuation basins, which would be partially planted. The hedgerow along the southern boundary would be largely retained except for two short stretches to create the road and footpath through to the more southerly part of the site. The application has been accompanied by information from the applicant’s ecologist relating to the compatibility of the development proposed within this phase and the details already controlled and submitted pursuant to the Outline permission. Additional details have also been provided in relation to the translocation of reptiles and ecological enhancement works. The Council’s ecological consultant is now satisfied that the information provided is sufficient to ensure that there is no significant impact upon the ecological value of the site and has recommended conditions to ensure appropriate measures are undertaken. It is therefore considered that the proposal would comply with the requirements of policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007) and policy CP1 of the Horsham District Local Development Framework: Core Strategy (2007).

Conclusion 6.24 As detailed above, the application seeks reserved matters approval for 208 No. dwellings

following the Outline approval of DC/09/2138, as revised by DC/11/2004. The development proposed is in general accordance with the parameters of land use, accessibility, building heights, density and landscaping established at Outline stage. The proposed development would deliver residential units in an appropriate layout and form and with a mix of dwelling styles and types to generate visual interest and create appropriate character areas. It is considered that the form of this proposal would comply with the Land West of Horsham

ITEM A1 - 16

Design Principles and Character Areas SPD (2009) and the relevant policies of the development plan and the NPPF.

6.25 The proposal would provide a satisfactory level of car parking for future residents and

visitors and would be accessible through the new A24 junction, which has been designed and constructed in accordance with details that make allowance for this phase. In addition, the proposed drainage basins that would be brought forward as part of this phase are in accordance with the overall drainage strategy for the wider development site and would ensure that the site is adequately drained. The ecological and archaeological works are considered to be appropriate and works can be satisfactorily controlled through conditions.

7. RECOMMENDATIONS 7.1 It is recommended that planning permission be granted subject to appropriate conditions:

1.

List of approved documents and plan numbers.

2. Prior to the commencement of the development hereby permitted, a sub-phasing plan to cover the whole of this phase shall be submitted to and approved, in writing, by the Local Planning Authority. The sub-phasing plan shall identify the separate parcels of the phase hereby approved that will be brought forward, and the surrounding buffer within which arboricultural protection measures will be undertaken in connection with the development of each sub-phase. Reason: To enable the Local Planning Authority to control the development in detail and to ensure compliance with the NPPF.

3. Notwithstanding the submitted information, prior to the commencement of development on any sub-phase, as identified on the plan approved pursuant to Condition 2 above, a schedule of materials and samples of materials and finishes, and colours to be used for external walls, and roofs of the proposed buildings within that sub-phase shall have been submitted to and approved, in writing, by the Local Planning Authority. A statement of detail shall be submitted setting out details of proposed windows and doors, full height glazing and balcony treatments. The materials and statement of details so approved shall be used in the construction of the buildings within that sub-phase. Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. Notwithstanding the planting proposals shown on the submitted soft landscape general arrangement plans, full details of hard and soft landscaping works for each sub-phase, as identified on the plan approved pursuant to Condition 2 above, shall be submitted to and approved, in writing, by the Local Planning Authority prior to the commencement of development on any sub-phase. These details shall be submitted concurrently as a complete scheme, unless otherwise agreed in writing by the Local Planning Authority, and shall comprise:

• A detailed plan and specification for topsoil stripping, storage and re-use

on the site in accordance with recognised codes of best practice; • Planting and seeding plans and schedules specifying species, planting

size, densities and plant numbers; • Tree pit and stalking/underground guying details;

ITEM A1 - 17

• A written hard and soft specification (National Building Specification compliant) for hard works and for planting (including ground preparation, cultivation and other operations associated with plant and grass establishment);

• Hard surfacing materials: layout, colour, size, texture, coursing and levels; • Walls, fencing and railings: location, type, heights and materials; • Minor artefacts and structures – location, size, colour and type of street

furniture, play equipment, signage, refuse units and lighting columns and lanterns.

The approved scheme for each sub-phase shall be implemented in full accordance with these details. Planting shall be carried out according to a timetable to be agreed in writing with the Local Planning Authority prior to commencement of development within each sub-phase. Any plants which within a period of 5 years 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: To ensure a satisfactory development in the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007)

5. Prior to the commencement of development on any sub-phase, as identified on the plan approved pursuant to Condition 2 above, details of all underground trenching requirements for services, including the positions of soakaways, service ducts, foul, grey and storm water systems and all other underground service facilities, and required ground excavations there for, for that sub-phase, shall be submitted to and approved, in writing, by the Local Planning Authority. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to Condition 4, and with existing trees on the site. All such underground services shall be installed in accordance with the approved details. Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6. Prior to the commencement of development on any sub-phase, as identified on the plan approved pursuant to Condition 2 above, a detailed long term Landscape Management and Maintenance Plan for all landscape areas within that sub-phase (to include the acoustic fence within the relevant adjacent sub-phase) shall be submitted to and approved by the Local Planning Authority in writing. The plan shall include:

• Aims and Objectives; • A description of Landscape Components; • Management Prescriptions; • Details of maintenance operations and their timing; • Details of the parties/organisations who will maintain and manage the

site, to include a plan delineating the areas that they will be responsible for.

The plan shall demonstrate full integration of landscape, biodiversity and arboricultural considerations. All approved details shall be implemented in full and in accordance with the agreed details and timings.

ITEM A1 - 18

Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. Notwithstanding the illustrative design and public art proposals for the central open space, shown on the submitted fabrik Design and Access Statement, the soft landscape general arrangement plan and the site layout drawing, the following details shall be submitted to and approved, in writing, by the Local Planning Authority, prior to the commencement of development within the sub-phase, as identified on the plan approved pursuant to Condition 2 above, that includes the central open space:

• Detailed layout and design of the open space paths, seating area and planting;

• Location and approximate scale of the proposed public art feature; • Full hard and soft landscape works, as required by condition 3 above, in so

far as these relate to the central open space. The implementation of the open space shall be according to a timetable to be submitted to and approved, in writing, by the Local Planning Authority. The approved scheme shall be implemented in full accordance with these details. Reason: To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. No development, including works of any description, including demolition pursuant to the permission granted, ground clearance, or bringing equipment, machinery or materials onto the site, shall take place until the following preliminaries have been completed in the sequence set out below:

• All required arboricultural works within each sub-phase, as identified on the plan approved pursuant to Condition 2 above, including permitted tree felling and surgery operations and above ground vegetative clearance within such areas set out for development as indicated on the approved site layout drawing are to be completed and cleared away;

• All trees within each sub-phase and associated buffer, as identified on the plan approved pursuant to Condition 2 above, targeted for retention, as well as those off-site whose root protection areas ingress into the site, shall be fully protected by tree protective fencing affixed to the ground in full accordance with section 6 of BS 5837 'Trees in Relation to Design, Demolition and Construction - Recommendations' (2012). Once installed, the fencing shall be maintained during the course of the development works for that sub-phase and until all machinery and surplus materials have been removed from the site. Areas so fenced off shall be treated as zones of prohibited access, and shall not be used for the storage of materials, equipment or machinery in any circumstances. No mixing of cement, concrete, or use of other materials or substances shall take place within any tree protective zone, or close enough to such a zone that seepage or displacement of those materials and substances could cause them to enter a zone. No alterations or variations to the approved tree works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority.

Reason: To ensure the successful and satisfactory retention of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District

ITEM A1 - 19

Local Development Framework: General Development Control Policies (2007).

9. No existing trees, hedges or shrubs on the site, other than those the Local Planning Authority has agreed to be removed as part of this permission, shall be wilfully damaged or uprooted, felled/removed, topped or lopped without the previous written consent of the Local Planning Authority until 5 years after completion of the development herby permitted. Any trees, hedges or shrubs on the site, whether within the tree protective areas or not, which die or become damaged during the construction process shall be replaced with trees, hedging plants or shrubs of a type, size and in positions agreed by the Local Planning Authority. Reason: To ensure the retention and maintenance of trees and vegetation on the site unsuitable for permanent protection by Tree Preservation Order for a limited period, in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. No trenches or pipe runs for services, drains, or any other reason shall be excavated anywhere within the root protection area of any tree or hedge targeted for retention on or off the site without the prior written approval of the Local Planning Authority. Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. Prior to the commencement of development on any sub-phase, details of the proposed means of foul and surface water drainage and sewerage disposal for the whole site shall be submitted to and approved, in writing, by the Local Planning Authority, in consultation with the Environment Agency and Southern Water where appropriate. The submitted information shall include:

• details of how the drainage design accords with the overall drainage strategy of the Land East of the A24 development site;

• details of all sustainable drainage systems (SuDS) that are to be utilised across the site (including, in respect of the attenuation basins: proposed contours and levels taking account of the inlet and outlet structures; the design and materials of any low flow channels; and the design, layout and materials of any maintenance access points);

• details of the inlet and outlet structures within the attenuation basins (including location, design, materials and any safety rails);

• details of overland flow routes for events in excess of the design 1:100 year plus climate change storm event.

The submitted details shall show coordination with the details submitted pursuant to Condition 4 above. The approved details shall be fully implemented prior to the first occupation of the development and shall thereafter be retained and maintained as approved. Reason: To ensure a satisfactory development that is properly drained in the interests of amenity and to prevent the increased risk of flooding in accordance with policies DC7 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. Prior to commencement of development on any sub-phase, as identified on the

ITEM A1 - 20

plan approved pursuant to Condition 2 above, details of boundary treatments for that sub-phase shall (to include details of the acoustic fence within the relevant adjacent sub-phase) have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be implemented in accordance with the approved details and no dwellings/flats within that sub-phase shall be occupied until such boundary treatments associated with them have been erected. Thereafter, the boundary treatments shall be retained as approved and maintained in accordance with the approved details. Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. The development hereby permitted shall not be occupied until the parking, turning and access facilities for that sub-phase, as identified on the plan approved pursuant to Condition 2 above, have been provided in accordance with the plans hereby approved (or in accordance with plans submitted to and approved in writing by the Local Planning Authority) and the parking, turning and access facilities shall be retained as such thereafter and retained solely for that purpose (and solely in connection with the development). Reason: To ensure adequate parking, turning and access is available to serve the development in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14. The development hereby permitted shall not be occupied unless and until the provision of facilities for the parking of cycles within that sub-phase, as identified on the plan approved pursuant to Condition 2 above, has been made within the site, in accordance with the plans hereby permitted, and retained as such thereafter. Reason: To ensure there is adequate provision for the parking of cycles in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

15. The development hereby permitted shall not be occupied unless and until provision for the storage of refuse/recycling bins within that sub-phase, as identified on the plan approved pursuant to Condition 2 above, has been made within the site in accordance with the hereby approved plans and retained as such thereafter. Reason: To ensure the adequate provision of refuse/recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

16. The development hereby permitted shall be carried out in full accordance with the approved ASE Written Scheme of Archaeological Investigation (dated February 2015) unless otherwise agreed, in writing, by the Local Planning Authority. Reason: In order to ensure that archaeological features, deposits and artefacts revealed are adequately recorded in accordance with policy DC10 of the Horsham District Local Development Framework: General Development Control Policies (2007).

17. Prior to the commencement of development on each sub-phase, as identified on the plan approved pursuant to Condition 2 above, precise details of the finished floor levels of the development in that sub-phase in relation to a nearby datum

ITEM A1 - 21

point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details. Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

18. The development hereby permitted shall be carried out in accordance with the submitted ecological details and Reptile Translocation Strategy V2 from Derek Finnie Associates dated February 2015 and amended July 2015. Reason: To safeguard the ecology and biodiversity of the area in accordance with policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007), policy CP1 of the Horsham District Local Development Framework: Core Strategy (2007) and in accordance with the NPPF.

19. To avoid the risk of harm to potentially nesting birds, the removal of any buildings, trees and/or shrubs should be undertaken between September and the end of February when birds have ceased nesting. If this is not possible, and clearance is required between March and August, an Ecologist should check for active bird nests no more than seven days before works commence, and any active nests found should be protected as advised by the Ecologist until the birds have finished nesting. Reason: To safeguard the ecology and biodiversity of the area in accordance with policy DC5 of the Horsham District Local Development Framework: General Development Control Policies (2007), policy CP1 of the Horsham District Local Development Framework: Core Strategy (2007) and in accordance with the NPPF.

20. Prior to the commencement of the development of each sub-phase, as identified on the plan approved pursuant to Condition 2 above, a Water Reduction Strategy for that sub-phase shall be submitted to and approved, in writing, by the Local Planning Authority (in accordance with the recommendations in the Environmental Statement (ES)) to minimise water consumption across the development. Reason: To achieve planned reductions in water usage referred to in Chapter 15 paragraph 15.5.50 of the Environmental Statement.

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending or revoking and re-enacting that Order with or without modification), no fences, gate or walls shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a road. Reason: In order to safeguard the character and visual amenity of the locality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

22. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order amending or revoking and re-enacting that Order with or without modification) no development falling within Classes A, B, C, D, E, F, G or H of Part 1 of Schedule 2 to the order shall be erected, constructed or placed within the curtilage(s) of the dwelling(s) hereby permitted so as to enlarge, improve or otherwise alter the appearance or setting of the dwelling(s) unless permission is granted by the Local Planning Authority pursuant to an application for the purpose.

ITEM A1 - 22

Reason: In the interest of visual amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

23. The following windows shall at all times be glazed with obscured glass and shall be non-opening, unless the parts of the window which can be opened are more than 1.7m above the floor level of the room in which the window is installed: - windows at first floor level in the southern elevation of the dwelling on plot 8; - windows at first floor level in the southern elevation of the dwelling on plot 19; - windows at first floor level in the south western elevation of the dwelling on plot 30; - windows at first floor level in the southern elevation of the dwelling on plot 37; - windows at first floor level or above in the eastern elevation of the dwelling on plot 68; - windows at first floor level or above in the eastern elevation of the dwelling on plot 82; - windows at first floor level or above in the western elevation of the dwelling on plot 88; - windows at first floor level in the eastern elevation of the dwelling on plot 94; - windows at first floor level in the southern elevation of the dwelling on plot 117; - windows at first floor level in the eastern elevation of the dwelling on plot 163; - windows at first floor level or above in the northern elevation of the dwelling on plot 204. All plot numbers are those shown on the drawings approved under condition 1 above. Reason: To protect the amenities and privacy of the adjoining properties and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

24. No work for the implementation of the development hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

25. No burning of materials shall take place on the site. Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

Notes to Applicant:

1. The applicant is reminded that the current application is to be read in context with the conditions attached to the Outline planning permission DC/09/2138 and subsequently DC/1/2004 and the obligations contained within the Legal Agreement dated 13th August 2010.

ITEM A1 - 23

2. The applicant is encouraged to develop the proposals for the central open spaces by means of a pre-application discussion with the Local Planning Authority.

3. With regard to the attenuation basin details required by condition 10, it is recommended that the applicant uses a brindle colour engineering brick and a timber post and rail fence for any safety rail.

Background Papers: DC/09/2138, DC/11/2004 & DC/15/0499

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/15/0499

Land East of A24

1:4,090

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public

ITEM A2 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT:

The erection of up to 50 residential dwellings, new Scout hut, formation of new vehicular and pedestrian access onto Hayes Lane and pedestrian access onto South Downs Way, provision of children's play area, sustainable urban drainage system, associated car parking and landscaping.

SITE: Land East of 1 To 25 Hayes Lane Slinfold West Sussex

WARD: Itchingfield, Slinfold and Warnham

APPLICATION: DC/15/0591

APPLICANT: Taylor Wimpey Strategic South Eastern

REASON FOR INCLUSION ON THE AGENDA: This is a Major application. RECOMMENDATION: To delegate authority to the Development Control Manager to refuse the

application, subject to the expiration of the public consultation period. 1. THE PURPOSE OF THIS REPORT

To consider the planning application. DESCRIPTION OF THE APPLICATION

1.1 This is an Outline application for the erection of up to 50 no. dwellings (Class C3). Approval is sought for means of Access only. Details of the Appearance, Layout, Scale and Landscaping have not been submitted for consideration and are Reserved Matters.

1.2 It is proposed to create a single point of vehicular access. The proposed access would be sited towards the north-western corner of the site and would be taken from Hayes Lane, which is subject to a 30 mile per hour (mph) speed restriction. The proposed access would have a bell-mouth design with a 6 metre radii, providing access on to a 5.5 metre wide road. The provision of the proposed access would require the removal of a section of hedgerow, including associated trees.

1.3 Whilst details of Appearance, Layout, Scale and Landscaping are Reserved Matters, the application is supported by illustrative plans showing an indicative layout for the development. The parameters plan shows that 2 hectares of the 3.96 hectare site would be developed for housing, together with the associated access roads and gardens. 0.19 hectares of the site would be made available for the erection of a scout hut, together with

Contact Officer: Ian Humble

ITEM A2 - 2

an associated parking area, with 1.67 hectares of the site made available as public open space, an equipped play area and structural vegetation.

1.4 The indicative layout plan shows that the proposed dwellings could be arranged as

detached, semi-detached and terraced properties, with parking provided on private driveways, within double and single garages and within courtyard parking areas. Whilst the exact quantum of parking is not specified, the applicant has indicated that it would be intended to provide each one bedroom dwelling with at least 1 no. car parking space; two and three bedroom dwellings with at least 2 no. parking spaces; and four bedroom properties with at least 3 no. car parking spaces.

1.5 The exact mix of dwellings has not been specified, but the applicant has suggested an indicative mix of 14% one bedroom dwellings; 25% two bedroom; 36% three bedroom; and 25% four bedroom. The applicant has indicated that it would be intended to provide 35% of the proposed units as affordable housing, with the same mix in terms of bedrooms.

1.6 The indicative layout plans show the proposed dwellings dispersed across the site, with a more linear arrangement fronting Hayes Lane and a more informal pattern of development to the rear. The plans show that the dwellings could be set away from the northern, southern and eastern boundaries in order to provide a swale, links to the existing footpath and retained areas of vegetation.

1.7 The plans indicate that the proposed dwellings would be 2 and 2.5 stories in height. The parameters plan indicates that the dwellings would have a maximum height of 11.5 metres. Whilst Appearance is a Reserved Matter, the applicant has indicated that the dwellings would be built using a varied palette of materials (including red-brown facing brickwork with flint detailing; render; weatherboarding; and clay and slate roofs), selected to reflect the local vernacular. It is anticipated that dwellings occupying corner plots would be designed to provide a dual-aspect, so as to achieve active street frontages.

1.8 The indicative layout shows that a variety of hard surfacing materials would be used, with the intention of creating a hierarchy of streets. An un-made public footpath, which runs across the southern extent of the application site, would be retained in its current location, within a newly created ‘green corridor’. The applicant has indicated that new tree and thicket planting would be provided within the area between the path and new houses in an attempt to provide a vegetative screen and to filter publicly available views of the development.

1.9 The applicant has indicated that the Downs Link, which is located outside of the application site, would be unaffected by the proposals. The indicative plans show that new footpaths and cycle links would be provided throughout the site, including a path linking the Downs Link to the footpath at the southern end of the site.

1.10 The indicative plans show a new scout hut towards the south-eastern corner of the site. The parameters plan indicates that the hut would be two stories, with a maximum height of 9.6 metres. The Design and Access Statement advises that the scout hut would have its own designated car parking area.

1.11 The plans also show the provision of a Locally Equipped Area for Play (LEAP), sited towards the northern boundary, close to the proposed access. The applicant has indicated that it would be intended to provide play equipment constructed from natural materials, including timber and boulders.

1.12 The applicant has indicated that existing hedgerows within the site would be retained and reinforced with new planting in an attempt to enhance their structure and biodiversity value. Areas of existing grassland habitat on the perimeters of the site would also be retained and

ITEM A2 - 3

managed. It is envisaged that new areas of species-rich meadows would be created within new areas of open space. The open spaces would be designed to offer recreational opportunities for informal play and picnics.

1.13 Although the final details would be submitted as part of a Reserved Matters application, the applicant has indicated that it would be proposed to provide a Sustainable Urban Drainage System (SUDS) in an attempt to reduce run-off to a rate below the current conditions and to improve water quality. The sustainable drainage system would include permeable surfacing to private parking areas and roads; swales, which would be designed to convey water from the higher parts of the site to a new balancing pond and; a new attenuation basin (shown on the indicative plans to be provided in the north eastern corner of the site), designed to provide temporary storage for run-off water from the site during rainfall events, before releasing the water in to the adjacent stream, at a controlled rate. The on-site SUDS would be designed to cater for flood events up to and including a 1 in 100 year event, with a 30% buffer to account for climate change. The swales are shown to be provided around the northern and eastern sides of the site.

1.14 The applicant has indicated that all new homes would be built to meet Level 3 of the Code for Sustainable Homes.

1.15 The application is supported by a Tree Survey; Air Quality Statement; Community Involvement Statement; Ecological Appraisal; Phase 2 Habitat Survey; Flood Risk Assessment; Landscape and Visual Appraisal; Planning Statement; Reptile Mitigation Strategy; Transport Statement; Drainage Appraisal.

1.16 The submitted Ecological Appraisal and Phase 2 Habitat Survey sought to assess the

current ecological potential of the site in order to establish what mitigation measures should be incorporated in to the development proposals to avoid harmful impacts on protected species and their habitats. Bats surveys recorded low-moderate levels of bat activity. As a result, further information was submitted relating to the impact of the proposed development on potential foraging routes for this protected species.

1.17 The applicant has indicated that key areas of nesting tree and scrub habitat would be

retained, together with new planting, in response to a range of bird species found to be present and using the site.

1.18 The Reptile Mitigation Strategy proposes the retention of many reptile species and the

translocation of others to suitable receptor sites. 1.19 Since the submission of the application, further information has been submitted in relation

to the potential of the site as a foraging ground for Barn Owls as well as information on the presence of Nightingales, Great Crested Newts and Glow Worms and how the development would provide mitigation for these species.

1.20 Under the originally submitted plans, concern was raised that, in order to achieve appropriate visibility splays at the proposed access, it would be necessary to remove an existing informal car parking layby to the north of the application site, on the eastern side of Hayes Lane. Concern was expressed that the loss of the informal area of car parking (which is capable of accommodating up to 3 no. parked vehicles), would have resulted in an increased demand for on-street car parking elsewhere on Hayes Lane. Evidence from site visits suggests that demand for on street parking is already high and in the interests of highway and pedestrian safety, it would be inappropriate for the development to add to this demand.

1.21 In order to address this concern, the applicant submitted amended plans which show a formal parking bay on the eastern side of the site (avoiding the visibility splay), with 5 no.

ITEM A2 - 4

additional on-street spaces also proposed within the development site itself, close to the proposed access. It is intended that this will ensure that there is net gain in on-street parking provision as a result of the proposed development.

DESCRIPTION OF THE SITE

1.22 The application site has an area of approximately 3.96 hectares and is located

approximately 500 metres from the centre of the village of Slinfold, a Category 2 Settlement, as defined within Policy CP5 of the Horsham District Council Core Strategy (2007).

1.23 The village contains a primary school, a pre-school, village shop, a hall and a Public

House. The application site is located outside of, but adjacent to, the Built Up Area of Slinfold (which is located on the northern side of the Downs Link and the western side of Hayes Lane). The site is located within Flood Zone 1, as defined by the Environment Agency. Wild Harry’s farm building and associated barn, which are Grade II Listed, are located approximately 210 metres to the south of the application site. Wild Harry’s is a seventeenth century, timber-framed and red brick building with an eighteenth century barn. 2 no. other Listed Buildings (known as the Gaskyns) are located approximately 330 metres to the north of the site.

1.24 Slinfold is categorised as a Medium sized village in the Preliminary Results of the Horsham

District Council Settlement Sustainability Study. It is identified as having poor public transport provision and a high reliance on the private motor vehicle for travel. The Study concludes that high levels of development would result in an increase in unsustainable travel patterns.

1.25 The application site itself is located to the east of Hayes Lane. The site has an irregular

shape, tapering in width at its northern end. The land is generally flat but it rises slightly to the south. There is also a slight crest in the centre of the site, running north-south, with the levels breaking east-west. The western side of the site, fronting Hayes Lane comprises a well-established hedge, which includes a number of trees of varying maturity.

1.26 At a National level, the site is located within Natural England’s National Character Area 121: Low Weald, which is characterised as comprising a ‘predominantly pastoral and wooded landscape, that is still largely rural and relatively tranquil outside main urban centres.

1.27 At a local level, the Horsham District Landscape Capacity Study (2014) defines the site as

being within Area G3: Slinfold and Five Oaks Wooded Farmlands Character Area. This area is defined as having a gently undulating wooded landscape, with many small streams draining to the Adur and small hedged pasture. The area is characterised as having some larger arable fields, with extensive coppice woodland in small and large, irregularly shaped blocks.

1.28 The overall sensitivity to change is identified as high due to the many qualities of the landscape and its rural character, in most parts. The Study indicates that although the application site is partially enclosed by hedgerows and wooded shaws, development on the more elevated landform is likely to be visually prominent. The planning and management guidelines within the Assessment indicate that appropriate new development will need to integrate in the existing landscape pattern of woodlands, hedgerows and shaws.

1.29 The Downs Link (BW3569), which is a national trial, is located immediately to the north of

the application site and runs parallel with the northern boundary. Footpath 1467 extends across the southern end of the application site, adjacent to the southern boundary, and within the application site.

ITEM A2 - 5 1.30 A footpath linking the western end of Hayes Lane and Bramble Hill Farm to the east (via

Holmbush Farm), is located approximately 200 metres to the south of the site. A further footpath, which extends south from the centre of Slinfold village to Ranfold Oak Farm to the south-east, passes approximately 10 metres from the application site. There are further bridleways and public footpaths to the south of Holmbush Manor Farm, including a path, which links Ranfold, to the south east, with Hayes Lane, in the vicinity of Holmbush Upper Rough. A further public footpath is located approximately 600 metres to the east of the site, connecting Lyons Road to Five Oaks Road.

1.31 There are glimpse winter views of the site available from residential properties to the north

and glimpse views of the site from the Downs Link, which is located on slightly elevated ground. There are also views of the site available from the west, along the northern sections of Hayes Lane, which is set slightly lower than the application site. Views of the site from the ground floor windows on the residential properties on Hayes Lane are available from the northern section of the site. Mid-distant glimpse views are available across open countryside towards the site from the east through existing vegetation. Close views of the site are available from the PROW at the southern end of the site.

1.32 In July 2014, planning permission was granted to the west of the application site, at land to

the rear of numbers 1 – 25 Hayes Lane, for the redevelopment of the site to provide 23 no. dwellings, vehicular and pedestrian access and a range of community facilities, including a replacement football pitch, a new car park, an upgraded access to the existing recreation ground, new tennis pavilion and a new tennis court, with associated landscaping (reference DC/13/2042).

1.33 The Six Acres residential development is located to the north of the site. This development was approved in May 2001 and comprises a total of 56 no. two storey dwellings, with associated access roads, garages and landscaping.

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY 2.2 Government Planning Policy is contained within the National Planning Policy Framework

(NPPF). The Policies contained within this document are, therefore, material to the consideration of this application. Due regard must also be had to the guidance contained within the Government’s National Planning Practice Guidance. The following Sections of the NPPF are particularly relevant to the consideration of this application;

- Section 4: Promoting sustainable transport - Section 6: Delivering a wide choice of high quality homes - Section 7: Requiring good design - Section 8: Promoting healthy communities - Section 10: Meeting the challenge of climate change, flooding and coastal change - Section 11: Conserving and enhancing the natural environment - Section 12: Conserving and enhancing the historic environment

RELEVANT COUNCIL POLICY

2.3 Local Development Framework: Core Strategy (2007)

ITEM A2 - 6

- Policy CP1: Landscape and Townscape Character - Policy CP2: Environmental Quality - Policy CP3: Improving the Quality of New Development - Policy CP5: Built-Up Areas and Previously Developed Land - Policy CP12: Meeting Housing Need - Policy CP13: Infrastructure Requirements

2.4 Local Development Framework: General Development Control Policies (2007)

- Policy DC1: Countryside Protection and Enhancement - Policy DC2: Landscape Enhancement - Policy DC3: Settlement Coalescence - Policy DC5: Biodiversity and Geology - Policy DC6: Woodland and Trees - Policy DC7: Flooding - Policy DC8: Renewable Energy and Climate Change - Policy DC9 Development Principles - Policy DC10: Archaeological Sites and Ancient Monuments - Policy DC13: Listed Buildings - Policy DC18: Smaller Homes/Housing Mix - Policy DC22: New Open Space, Sport and Recreation - Policy DC40: Transport and Access

2.5 It should be noted that, in recent appeal decisions in the District at Storrington (Ref:

APP/Z3825/A/14/2215437) and Broadbridge Heath (Ref: APP/Z/3825/A/14/2224668), the Planning Inspector concluded that Policy DC13 is inconsistent with the National Planning Policy Framework in so far that it does not admit weight to the positive benefits of a scheme in the balancing exercise, as required by the National Planning Policy Framework.

2.6 Local Development Framework: Supplementary Planning Documents (SPDs)

- Facilitating Appropriate Development (FAD) (2009) - Planning Obligations (2007)

2.7 The emerging Horsham District Planning Framework (HDPF) was approved by Council on

30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent Examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Examination of the HDPF was undertaken by an independent Planning Inspector in November 2014, and the Inspector published his Initial Findings on 19th December 2014. The Inspector considers the overall strategy of the plan to be sound as is made clear in paragraph 4 of his Initial Findings:

2.8 ‘On balance, I consider the overall strategy to concentrate growth in the main settlements in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP), is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services.’

2.9 The Inspector has suspended the Examination of the HDPF, after the initial round of Hearing sessions, for a 6 month period to allow time for the Council to show how the

ITEM A2 - 7

annual housing provision can be increased to provide for a minimum of 750 dwellings per annum (15,000 over the plan period). The representation period for the HDPF Main Modifications ran from 23rd March 2015 until 5th May 2015. Following the receipt of representations, the Inspector decided to resume Hearings to discuss the issues raised. The Hearings re-opened on 3rd July 2015 to consider only the issues outlined in the Initial Findings and the final report is now awaited. Given the Inspector’s Initial Findings, the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy. The following policies are considered to be relevant;

1 – Sustainable Development 2 - Strategic Policy 3 – Development Hierarchy 4 – Settlement Expansion 15 – Meeting Housing Need

23 – Environmental Protection 30 – Green Infrastructure and Biodiversity 32 – The Quality of New Development 33 – Cultural and Heritage Assets 34 – Climate Change 36 – Sustainable Construction 37 – Flooding 38 – Infrastructure Provision 39 – Sustainable Transport 40 – Parking 42 – Community Facilities, Leisure and Recreation

PLANNING HISTORY

DC/13/1792 Redevelopment of land to the rear of 1 – 25 Hayes Lane to provide 23 dwellings, vehicular and pedestrian access and a range of community measures including a replacement football pitch with improved drainage and levelling, new car parking and upgraded access to serve the existing recreation ground, a new Scout hut and storage compound and siting for new tennis pavilion with associated works and landscaping

PER

3. OUTCOME OF CONSULTATIONS 3.1 Where comments have been summarised, it should be noted that Officers have had

consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk

INTERNAL CONSULTATIONS

3.2 HDC Strategic Planning (summary)

• Whilst the Council accept the District does not currently have a 5-year housing supply (and as such, recognises that relevant housing policies of the Horsham District Local Plan should not be considered up-to-date); it is recognised that the Initial Findings of the Planning Inspector indicate that the forthcoming strategy in the Proposed HDPF is sound, and that development following the proposed settlement hierarchy is the most sustainable way forward.

• It is considered therefore that a development proposal of this scale in this location is not contingent to the strategy set out in the forthcoming HDPF (as considered sound by the

ITEM A2 - 8

Planning Inspector), and is therefore not appropriate to permit at this time. It may be that this site could more suitably come forward in the future through allocation by the community in a Neighbourhood Development Plan, or as part of a future land allocation DPD if housing does not come forward through the planned allocations within the proposed HDPF.

• In conclusion, relevant planning policy and other material considerations dictate that the residential development of this site at present would not be necessary or appropriate given the inconsistency with the settlement hierarchy as set out in the HDPF Proposed Submission, and the location of the site in a less sustainable part of the District where cumulative, piecemeal development through ad-hoc planning applications is not appropriate - particularly given that the Council can demonstrate a 5-year HLS through planned allocations in the emerging HDPF.

3.3 HDC Drainage Team (summary)

• No objection. Full details of the drainage strategy would need to be provided as part of a Reserved Matters application.

3.4 HDC Refuse Collection (summary)

• The internal layout would need to be designed to ensure that refuse collection vehicles

could manoeuvre through the site safely and conveniently. Road surfaces would need to be suitable for the Council’s refuse collection vehicles.

3.5 HDC Housing Services Manager (summary)

• 17 no. of the 50 no. proposed units would be made available as affordable housing. This equates to 34%.

• The applicant would need to liaise with the Council to establish whether four bedroom units are viable, due to the associated higher rents. Overall, a higher percentage of smaller units would meet the profile of the need on the Council’s Housing Register.

• The applicant refers to the ‘Local Housing Needs Assessment’, commissioned by Slinfold Parish Council. Although this showed a need for 22 no. affordable homes, the survey would now be out of date, as it was carried out over three years ago.

• No information has been provided regarding the proposed tenure split. The Council would expect 70% affordable rent and 30% shared ownership if the principles of the emerging Planning Framework are applied.

3.6 HDC Arboricultural Officer (summary)

• No objection to the principle of the development of the site. 3.7 HDC Environmental Health Officer (summary)

• No objection, subject to a condition to control the noise and dust associated with the construction process and a condition to control the hours of construction.

• A condition should also be used to ensure that there is no burning of waste material. • It will be necessary to demonstrate that there are no contaminants in the soil that could

pose a risk to future occupiers of the site. It would be necessary, therefore, to undertake some investigations prior to commencement of development and submit the results to the Council for consideration/approval.

• In accordance with the Council’s Planning Advice Document: Air Quality and Emissions Reduction Guidance, the scheme should incorporate measures to enable occupiers to make green travel choices in order to reduce vehicle/CO2 emissions.

ITEM A2 - 9 3.8 HDC Landscape Consultant (summary)

• The site lies in the countryside outside the built up area of Slinfold; • The site is a former pasture field and has a strong rural character; • The existing development along Hayes Lane itself has a rural character and several Oak

trees bounding the site are prominent features; • There are groups of regenerating Oak trees within the site, augmented by extensive

thickets along the northern and eastern boundaries which give the site an attractive rural character and quality, screening elevated views from the Downs Link;

• The western and northern boundaries of the site currently provide a strong well defined edge to Slinfold;

• The topography rises up to the south with a slight crest in the centre of the site, falling east west;

• The Downs Link lies immediately adjacent to the northern boundary and a PRoW footpath is located on the southern boundary leading out to the countryside;

• The site has been assessed as having a low-moderate capacity for small scale housing development;

• The site, although not public open space, is extensively used for informal recreation including by dog walkers;

• The proposal is for the construction of up to 50 dwellings; • One vehicular access point is proposed from Hayes Lane on the north west boundary; • The proposal includes a new footpath around the edge of the site, a balancing pond and

swales, a children’s play area, footpath links into the wider network and a scout hut. All of the existing large trees on site would be retained. OUTSIDE AGENCIES

3.9 Ecology (summary)

• The submitted surveys appear to have been undertaken in accordance with the relevant guidelines. Appropriate measures for avoidance, mitigation, compensation and enhancement have been proposed and incorporated into the scheme. A reptile mitigation strategy and framework landscape and ecology management strategy have also been provided and are acceptable.

• Residents have identified the presence of nesting barn owls on neighbouring sites. It will be necessary to assess the impact of the development on these species, noting that the site could provide a potential foraging ground. Likewise, it is evident that nightingales and slow worms use the site. The proposal will result in the loss of scrub land. It will be necessary to establish whether sufficient landscaping can be retained to ensure that there is no adverse impact on these species.

• Additional work has, therefore, been undertaken to assess the impacts of the proposed development on the above species as well as measures to mitigate against harmful impacts.

• Any Reserved Matters application would need to demonstrate that appropriate buffer areas could be maintained (and managed long term) around the perimeter of the site. Matters relating to the submission and approval of an appropriate Ecological Protection and Mitigation Plan would need to be controlled by condition. Likewise, a condition would need to be included to ensure that the recommendations made in the Ecological Assessment, Reptile Mitigation Statement and Framework Landscape and Ecology Management Strategy are carried out on site, in accordance with the details outlined within these documents.

• A condition should also be included to ensure that no development take place until a pre-commencement badger sett check has been completed.

• Subject to the above conditions, it is considered that the impacts on protected species and their habitats and other notable wildlife can be appropriately mitigated.

ITEM A2 - 10 3.10 WSCC Highways (summary)

• Vehicular access is proposed onto Hayes Lane, which in this location, is subject to a 30mph speed limit. The vehicular access takes the form of a simple priority junction with a 6 metre kerb radii and an access road width of 5.5 metres. The Road Safety Audit and capacity assessments included within the Transport Statement raises no ‘in principle’ issues with the form of the access proposed.

• Visibility splays and sightlines of 2.4 by 43 metres are demonstrated. The sightlines are based upon the 30mph speed limit and the guidance of Manual for Streets. To ensure the sightlines are adequate, the applicant has undertaken a seven day speed survey in the vicinity of the access to determine the 85th percentile wet weather speed of traffic; the use of the recorded 85th percentile speeds are an acceptable means of determining visibility for new accesses onto existing roads. The recorded 85th percentile speeds are detailed as 24.5mph northbound and 24.4mph southbound. In principle, the sightlines could therefore be reduced.

• However, as the sightlines are based upon the 30mph speed limit, the design is reflective of a worst case. The vehicular and pedestrian access points onto the public highway have been the subject of a Stage One Road Safety Audit, in accordance with current WSCC Policy. Three problems are raised.

• One relates to the potential for parking to occur within the visibility splay to the north of the access. From visiting the site, there is an informal gravel area where parking evidently has been taking place; cars were parked in this location during the site visit. Originally, it was proposed to implement waiting restrictions to address the RSA problem. Waiting restrictions have the potential to displace parking elsewhere, which may in turn create further highway safety issues. Parking is clearly an issue in this location, as such, alternative solutions (for example, creating a formal lay-by to replace the informal parking area as well as to install bollards to prevent verge parking) had to be investigated. The formation of the access itself would also remove additional informal parking. Again, given the general lack of parking in the immediate area, this should be re-provided, potentially within unallocated parking lay-bys in the development.

• In order to address the issue, the applicant has submitted amended plans introducing a formalised parking bay to the north of the access, so as not to unacceptably interfere with the visibility splay. 5 no. new spaces have also been shown within the development site itself. This will ensure that the visibility splay and creation of the new access will not result in a net loss of on-street parking as a result of the proposed development. The proposed arrangement is an acceptable solution.

• The Road Safety Audit raises two other issues relating to pedestrian crossing points and kerb heights. These matters could be resolved through the detailed design.

• The Transport Statement includes an estimate of potential vehicle movements. The development is forecast to generate 32 no. two-way vehicle movements in the AM peak period (0800-0900) and 33 no. two-way movements in the PM peak (1700-1800). The WSCC Transport Assessment Guidance includes specific criteria as to when highway capacity assessments are required, namely where a development will result in increased entry flows of 30 no. or more vehicles through a junction in any given hour. The criteria will be met only at the proposed access onto Hayes Lane, the capacity of which has been appropriately modeled. The modeling shows that the access would operate well within theoretical capacity.

• It is accepted that the proposed development will increase vehicle movements on the surrounding highway network, but these will quickly disperse. Notwithstanding this, all traffic arriving or exiting the development will need to use Hayes Lane. Hayes Lane is of varying width from its junction with the A29, Stane Street through to the Lyons Road junction. The majority of the lane is of sufficient width to enable two opposing vehicles to pass. It is recognised that there are pinch points where opposing vehicles have to give way. Whilst the proposed development will increase vehicle movements, based upon the

ITEM A2 - 11

information submitted, it’s not considered that this development would significantly exacerbate any existing highway safety issue.

• With regards to the above point, the National Planning Policy Framework states that development should only be prevented or refused on highway grounds when the residual cumulative impacts are severe. At peak times, the development would generate an additional vehicle movement every two minutes. It’s not considered that this proposal would result in any severe highway capacity or safety impacts.

• The accessibility of the site by sustainable modes is considered within the Transport Statement. Slinfold has a very limited range of services. However, those that are available are within walking distance of the site. Slinfold has two bus services (between Horsham and Guildford and another between Burgess Hill and Horsham, both of hourly frequency from Monday and Saturday). These services provide a reasonable frequency towards a number of destinations, including Horsham, albeit the walking distances to the bus stops are in excess of the 400 metre recommended distance. The duration and frequency of the service to Horsham would not be expected to deter or prevent the use of the bus.

• The site is immediately adjacent to the Downs Link. This provides a long distance route for walkers and cyclists from Guildford to Shoreham. This is considered to cater more for leisure users rather than an everyday route for commuters.

• The NPPF states that plans and decisions should take account of whether the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site. The rural nature of the area is acknowledged. However, the presence of facilities within the village and the availability of the bus service would mean that future residents would have some realistic, alternative modal choice. Inevitably, future residents would be dependent upon the use of the private car for some trip purposes.

• Indicative details of the internal layout are included. These broadly follow the principles of Manual for Streets. Parking provision will need to be checked once the housing mix is known. Refuse collection arrangements will also need to be reviewed in greater detail, as there are a number of long cul-de-sacs without turning heads. The integration and provision of the pedestrian/cyclist link onto the Downs Link should also be considered at the detailed design stage.

3.11 WSCC Public Rights of Way Officer (summary)

• The site is bounded on its northern side by the Downs Link (BW3569) and southern side by Footpath FP1467.

• It is not considered that the proposed development will impact on these existing rights of way. The provision of additional accesses to these links is welcomed. The existing footpath should be improved to the same standard as the proposed path.

• No surface water should be permitted to drain onto the existing Public Rights of Way. • Public Rights of Way should be kept open during the construction process.

3.12 Southern Water (summary)

• Following initial investigations, it would appear that there is currently inadequate capacity in the local network to provide foul sewage disposal to service the proposed development. Additional off-site sewers, or improvements to existing sewers will be required in order to provide sufficient capacity to service the development. Section 98 of the Water Industry Act 1991 provides the legal mechanism through which the appropriate infrastructure can be requested.

• Initial investigations indicate that there are no public surface water sewers in the immediate vicinity of the site to serve the development. Alternative means of draining surface water has, therefore, been proposed. The proposed SUDs system is an appropriate technique, however, it will be important to ensure that the arrangements exist for the long-term maintenance of these facilities.

ITEM A2 - 12 3.13 Environment Agency (summary)

• No objection.

3.14 WSCC Flood Risk Management (summary)

• No objection. Current records indicate that the site is at low risk of flooding. The northern

section of Hayes Lane, adjacent to the site, and the existing north-east corner of the site are shown to be susceptible to surface water flooding for a 1 in 30 and 1 in 100 year storm event. It is noted that the north-eastern corner of the site is currently proposed to house the attenuation pond and swales. This would avoid residential properties being located in areas most susceptible to flooding.

• In order to avoid increasing the risk of flooding elsewhere, a wholesale rise in site level should be avoided.

• It would be necessary to show that soakaway systems can work within the known geology. • Ownership and future management of any watercourses would need to be clarified. Any

works affecting a watercourse would require the consent of the Council. • Petrol inceptors would need to be incorporated for any surface water discharging into

existing watercourses. Discharge rates should not exceed existing green-field run-off rates and should be agreed with the Local Planning Authority.

3.15 Sussex Police Crime Prevention and Design (summary)

• No objection. Careful consideration must be given to the design of boundary treatments and the location of the LEAP to allow for an appropriate level of natural surveillance.

• Windows and doors to the scout hut should comply with the relevant British Standards and an intruder alarm should be fitted.

• Lighting throughout the site needs to be carefully considered and it is important that it complies with British Standards.

PUBLIC CONSULTATIONS

3.16 Slinfold Parish Council objects to the proposal for the following reasons (summary):

- Permitting 50 no. new dwellings at this stage would be premature and would fundamentally undermine the emerging Slinfold Neighbourhood Plan. - The formulation of the Slinfold Neighbourhood Plan is on-going but considerable evidence is being gathered through consultation with residents and other stakeholders. - The development has been poorly received by local residents when compared to other sites. - The Planning Inspectors Initial Findings on the emerging Development Framework endorses Horsham DC’s strategy of concentrating new growth to Category 1 Settlements. Slinfold is a Category 2 Settlement and the Council should resist speculative development such as that being proposed. - The development is considered unsustainable. - As a rural village, the development, by its very nature, would have an urbanising affect and would not be supported by the local community. - The development is contrary to a number of local planning policies. - The development would be detrimental to wildlife and protected species. - The development would have a harmful impact on the landscape and visual amenity of the area. - The application site is used by many locals. - Concerns about drainage and flooding. - The site is prone to flooding. - The Design and Access Statement is misleading. - Concerns about the accuracy of the ecological surveys.

ITEM A2 - 13

- Planning permission to redevelop the site has been refused previously. 3.17 61 no. letters of objection have been received from 52 no. different residential addresses.

The letters raise the following issues;

- The proposal is inappropriate in this location. - The development would be out of character with the area. - Hayes Lane will not be able to cope with the increased traffic associated with the proposed development, particularly when it is considered that additional dwellings have already been approved at the rear of numbers 1-25. - Concerns regarding construction traffic. - The proposed development will displace existing on street car parking, exacerbating existing problems. - The extra traffic will make walking along Hayes Lane dangerous. - Hayes Lane and Lyons Road flood most winters. - Concerns about flooding and the adequacy of the proposed drainage strategy. - Greenfield sites should not be built on. - There are alternative brownfield sites that it would be more appropriate to develop. - The proposal represents an over development. - The school in the village is already over subscribed. - The proposed scout hut is too far away from the centre of the village. - The siting of the scout hut is inappropriate - The site is currently well-used by local residents. - Concerns about loss of wildlife and the ecological impacts of the development. - The use of the proposed access would result in head-lights shining in to the windows of the properties on Hayes Lane. - The proposed development will compromise existing on-street car parking arrangements. - A claim to designate a footpath that runs across the site has been submitted to West Sussex County Council. - The development will result in light pollution. - The development will increase local carbon emissions and introduce additional traffic noise. - Concerned about noise, dust and disturbance during the construction period.

3.18 1 no. letter of objection from the CPRE Sussex Countryside Trust, raising the following

issues: - The proposed development, outside the Built Up Area Boundary of a Category 2

Settlement, would be contrary to the emerging Development Framework, the approach of which was endorsed by the Inspector in his Initial Findings letter.

- The application does not accord with the emerging Slinfold Neighbourhood Plan. - The proposed development is contrary to the Local Plan policies relating to landscape

and townscape character. - The development would erode the surviving field pattern along Hayes Lane and would

harm the character of the landscape to the south of the village. - The development is not suitable to the local context. - The development would represent an urban intrusion in to what is currently a well-

defined field pattern with attractive hedgerows and woodlands. - Harm to landscape is an important consideration that should be given considerable

weight in the planning judgment. - Must consider the impact of the development on any Listed Buildings. - Concern about the impact of the development on nature conservation.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS

ITEM A2 - 14 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS 6.1 The National Planning Policy Framework (NPPF) states that Local Planning Authorities

should contribute to building strong, responsive and competitive economies; vibrant and healthy communities that meet the needs of present and future generations; high quality built environments, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; protect and enhance the natural, built and historic environment and; improve biodiversity, using natural resources prudently, minimise waste and pollution and mitigate and adapt to climate change.

6.2 In accordance with the above objectives, the main issues for the Local Planning Authority

to consider in the determination of this application for Outline planning permission are the acceptability of the principle of the proposed development in land use terms, having due regard to identified housing need in the District; the impact on the character and visual amenity of the locality; the appropriateness of the mix of dwellings proposed; the impact on the amenity of existing neighbouring occupiers and future residents; the impact of the development on the special architectural and historic character and appearance of Listed Buildings in the area; whether safe vehicular and pedestrian access can be provided to the site and the impact of the development on highway and pedestrian safety and; whether the development can be delivered without harming the interests of, nature conservation, flooding and land contamination.

Principle of Development

6.3 The NPPF prescribes that there is a presumption in favour of sustainable development and that this should form the basis of all planning decisions. Wherever possible, development proposals that comply with the Policy objectives of the NPPF should, therefore, be approved, without unnecessary delay. The NPPF goes on to clarify that, where the development plan is silent, or relevant Policies are out of date, permission should be granted, unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or Policies of the NPPF indicate otherwise.

6.4 The Council’s most recent Annual Monitoring Report (December 2014) indicates that the

Authority currently has a five year housing land supply of 65.7%, which represents a shortfall in housing land supply across the District. In the absence of a demonstrable five year housing land supply, Paragraph 49 of the NPPF states that relevant policies for the supply of housing should be considered out of date and development proposals should be considered in accordance with the presumption in favour of sustainable development, as set out in Paragraph 14 of the NPPF.

6.5 However, at paragraph 31 of the Inspectors appeal decision for the RMC Engineering

Works appeal (application ref: DC/10/1457), the Inspector states that rather than regarding the Council’s housing policies as out-of-date in their entirety, it would be more appropriate to identify those elements of the policies to which less weight is to be given. The Inspector suggested that it might be appropriate to apply policies CP5 and DC1 more flexibly in the case of housing proposals on the edge of, or close to, built-up area boundaries, whilst continuing to exercise a general policy of restraint in more remote rural areas.

ITEM A2 - 15 6.6 In light of the identified shortfall in housing supply in the District, the Council adopted the

Facilitating Appropriate Development Supplementary Planning Document (FAD SPD) (2009), which allows for flexibility in the location of development, in order to facilitate an increased provision of housing and the expansion of settlements in a sustainable way during the life of the Core Strategy. The FAD SPD sets out specific criteria against which applications for development on brownfield and greenfield sites which adjoin defined settlement boundaries in the District must be considered. It contains a number of criteria with which a development must comply in order for a proposal to be considered ‘appropriate’. The FAD SPD allows for some limited development in locations that adjoin Built Up Areas, where certain criteria are met, including where the developments are related to an identified local need, do not result in a coalescence of settlements, protect landscape and townscape character, complement the existing character of a settlement, protect biodiversity and existing natural features, and in instances where the development is both sustainable and deliverable. Recent appeal decisions in the District have concluded that appropriate weight may continue to be given to the approaches and criteria outlined in the FAD SPD. Indeed, when considering the recent appeal at land to the east of Littleworth Lane in Partridge Green (Ref: APP/Z/3825/A/2219076), dated 12 May 2015, the Inspector concluded that; ‘A degree of flexibility is required in applying the FAD, but overall it is consistent with the general thrust of the Framework, and so I ascribe it considerable weight to the principle of acceptability of housing development immediately outside of built up areas.’

6.7 Taken in this context, it is noted that the application site is located outside of, but adjacent

to, the Built Up Area Boundary of Slinfold, as defined in the Core Strategy. The Council does not currently have a five year housing land supply and the provision of up to 50 no. dwellings, adjacent to the Built Up Area Boundary, would help to address this shortfall. However, whilst Policies CP5 and DC1 should be considered more flexibly given the lack of a 5 year supply of housing, Horsham District Council are now at an advanced stage of the Horsham District Planning Framework (HDPF) and this should, therefore, be afforded considerable weight. The HDPF Proposed Submission was submitted by Horsham District Council to the Planning Inspectorate on 8th August 2014. A series of Examination Hearings took place in November 2014 to allow the appointed Planning Inspector to test the soundness and legal compliance of the proposed plan. The Initial Findings of the Inspector were sent to Horsham District Council on 19th December 2014. The Inspector concluded, in this letter, that the overall proposed development strategy to concentrate growth in the main settlements in the hierarchy (Horsham, Southwater and Billingshurst) to be sound, rather than the alternative strategy of greater dispersal around the District, which he considered to be less sustainable.

6.8 In considering the HDPF, the Inspector’s Initial Findings did require Horsham District

Council to provide for a higher level of housing than initially planned. Following this, Horsham District Council has prepared main modifications to the HDPF and has undertaken a period of further consultation. The re-convened Examination resumed on 3rd July 2015. Given the Initial Findings of the Inspector into the soundness of the HDPF, it is considered that the proposed development on the edge of Slinfold, (a medium sized village) would be contrary to the aims and objectives of Policy 3 of the HDPF Proposed Submission, which sets out the settlement hierarchy for the District, and Policy 4 which relates to settlement expansion and requires new developments outside of Built Up Area boundaries to be allocated through the Local Plan or through a Neighbourhood Plan. Slinfold Parish have commenced work on a Neighbourhood Plan, however, this remains at an early stage.

6.9 In summary, the Council does not have an up to date housing land supply, but the

emerging HDPF is at an advanced stage of preparation and includes sufficient housing land allocations. It is, therefore, considered that the HDPF should be given significant

ITEM A2 - 16

weight when determining this application. The HDPF strategy aims to concentrate growth in the main settlements of Horsham, Southwater and Billingshurst and this approach is considered sound by the Planning Inspector in his Initial Findings. The proposal is contrary to the aims and objectives of the HDPF and also to adopted policies in the Horsham Local Development Framework Core Strategy (2007) and the Horsham Local Development Framework General Development Control Policies (2007).

Impact on Character and the Visual Amenity of the Locality

6.10 The Horsham District Landscape Capacity Assessment (2014) categorises Area G3 as having a Low-Moderate overall landscape capacity. Importantly, the Assessment acknowledges that the proximity of the Downs Link means that there is limited capacity for development and that development close to this important path could erode its amenity value as a long distance countryside route. For this reason, the Assessment is explicit in its requirement to consider each proposal on its individual merits and notes that care must be taken when locating and designing any development within the landscape.

6.11 The application site is located in a semi-rural context, some 500 metres away from the centre of Slinfold village. The housing within the immediate vicinity of the site is characterised by two storey buildings (some with roofs in the roof) arranged in a linear arrangement on the western side of Hayes Lane. Whilst residential development has recently been permitted to the rear of these properties (under application DC/13/2042), due to their location, the construction of these dwellings would not alter the frontage development character of the area. By contrast, and whilst the indicative layout shows that the proposed development could be designed to include a row of dwellings towards the Hayes Lane frontage, the remaining units are dispersed across the remainder of the site, in an irregular arrangement that would be at odds with the established pattern of development in this part of Hayes Lane, representing a harmful over development of the plot, within the more rural context of this part of Slinfold village. Whilst it is accepted that the application has been submitted in Outline form and that the final details relating to layout are a Reserved Matter, the plans nevertheless give an important indication of the ratio of built development to open land, giving the impression of a densely grained urban development within what is currently an open, rural setting. The introduction of up to 50 no. houses, at a scale up to 11.5 metres in height, and with the associated provision of access roads, hard surfaced parking areas, formalised boundary treatments, numerous parked vehicles and other associated residential paraphernalia (including lighting), would significantly diminish the informal and open character of this particular part of the landscape, creating an uncharacteristically and unexpected urbanised environment that would derogate the noticeable transition between the more suburban context of the village to the north and the open countryside to the south and east. The introduction of such a large concentration of houses would create a discordant and unexpectedly urban feature in the landscape in this location, harming the character of the area, contrary to both national and local policy.

6.12 For the most part, views of the site are relatively constrained by boundary vegetation, however, glimpses of the site are available from various vantage points. The provision of the new access would increase views into the site and views would be more readily available during winter months, when the trees have lost their leaves. Most importantly, views of the site would be available from the Downs Link, a well used and established bridleway that provides access through the countryside. The provision of up to 50 no. houses, at up to 11.5 metres in height, would have a harmful impact on the pedestrian experience of the Downs Link, eroding the countryside character of this part of its route.

6.13 In order to accommodate the proposed quantum of development, it would be necessary to remove areas of vegetation across the site, including to accommodate the new site entrance. The removal of this vegetation would create close-up views into the site from Hayes Lane, permitting views of residential properties and associated paraphernalia,

ITEM A2 - 17

together with, potentially, a scout hut and LEAP, thereby having an adverse visual impact on what is currently a rural setting. Whilst the applicant has indicated that new soft landscaping would be introduced in order to compensate for the loss of existing vegetation, it is unclear how this would be accommodated on the site and, due to the quantum of proposed housing, there appears to be very limited scope for significant tree planting, apart from on the southern boundary. The urbanising effect of the development would, therefore, be significant, to the detriment of the character and visual amenity of the locality. Concern has been expressed about the potentially engineered profile of the attenuation pond and swales. It is accepted, however, that the final details of these features could be controlled by condition, should all other aspects of the development be considered acceptable.

6.14 In light of the above, it is considered that the development, by reason of its scale, loss of

vegetation and increased views in to the site, would cause substantial harm to the character and visual amenity of the locality, contrary to the aims and objectives of both local and national planning policy.

6.15 Due to the siting of the proposed development and the separation distances involved, it is

not considered that the proposal will harm the special and historic character and appearance of any Listed Buildings in the area. Planning balance

6.16 Notwithstanding the harm identified above, it is necessary to balance all material planning considerations in the planning judgement in order to determine whether the proposal constitutes sustainable development within the meaning of the Framework. This includes whether the public benefits associated with the proposed development would outweigh the harm identified in the proceeding paragraphs of this report.

6.17 In this respect, it must be acknowledged that the proposed additional housing would

provide economic benefits, including employment opportunities during the construction process and that the prospective occupiers would be likely to contribute to the local economy and would also be required to pay Council Tax. From a social perspective, it is acknowledged that the development would contribute to meeting the District’s housing numbers and that 35% of the dwellings would be affordable, which could help to meet the needs of the local community, albeit this has not been evidenced by the applicant. The financial contributions secured through a planning obligation could, together with appropriate conditions, require the provision of off-site highway improvements and enhanced local facilities, thereby supporting the local community’s social well-being. It is also acknowledged that the proposed development would provide a LEAP and a scout hut and a new pedestrian link across the site, linking the existing footpath at the southern end to the Downs Link, all of which would be of benefit to the local community and the residents of Slinfold. It should be noted, however, that the site currently provides important, informal recreational opportunities for residents of Slinfold and is particularly popular with walkers/dog walkers and that this locally important area of open space would be lost should the development proposal be permitted.

6.18 On balance, therefore, and whilst acknowledging that the development could provide some positive social and economic outcomes, taking all the above matters in account, it is considered that these would not be of a scale sufficient to significantly and demonstrably outweigh the harm identified to the character and appearance of the locality. The site is located adjacent to but outside of the Built Up Area of Slinfold, which is classified as a medium sized village in the emerging HDPF and therefore is considered to be a settlement with a moderate level of services and facilities, but that largely relies upon larger settlements to meet a number of its needs. On that basis, the proposed development is not considered to represent a sustainable form of development as prescribed by the NPPF. Given the Council’s current housing land supply position, the provision of additional

ITEM A2 - 18

housing, 35% of which is proposed to be affordable, is a significant material consideration. However, this must be balanced against the substantial weight to be attributed to the emerging HDPF, which establishes a five year supply of deliverable housing land, and its overall strategy to locate development in the more sustainable locations within the District (i.e. Horsham, Southwater and Billingshurst). Furthermore, the degree of harm to the character and appearance of the area that would arise from a development of this nature and quantum must also carry very substantial weight. In this particular case, it is considered that the adverse impacts of granting Outline planning permission would significantly and demonstrably outweigh the benefits of doing so, including the degree to which the development would contribute to providing housing in the area, contrary to the NPPF. The proposal does not, therefore, amount to sustainable development, relative to paragraphs 14 and 49 of the NPPF.

Mix of Dwellings

6.19 Policy DC18 of the General Development Control Policies, which relates to smaller homes and housing mix, states that for developments of 5 no. or more units, planning permission will only be granted in appropriate locations, provided that the housing mix and type meets an identified need for smaller homes (one and two bedroom properties). Whilst the applicant has not indicated the exact mix of dwelling types, this matter would be considered at the Reserved Matters stage, should all other aspects of the development be considered acceptable.

6.20 Policy CP12 of the Local Development Framework: Core Strategy (2007) requires that

residential development of 15 dwellings or more provide an appropriate proportion of affordable homes, with the target being 40%. The applicant has confirmed a willingness to enter in to a planning obligation to secure the provision of 35% affordable housing on the site, to reflect the requirements of the emerging Planning Framework. Notwithstanding the fact that this would represent an under provision of 5% against the current policy requirement, no legal agreement is in place, and the Council is, therefore, unable to secure any affordable housing at the site. The development is, therefore, contrary to Policy CP12.

Impact of the Amenity of Existing and Prospective Occupiers

6.21 Due to its siting, beyond the Downs Link, it is not considered that the proposed development will have a harmful impact on the amenity of the residents in Six Acres in terms of loss of light, outlook or privacy. Likewise, due to the separation distances involved, it is not considered that the proposed development, including the comings and goings of vehicles or the use of the rear gardens, will result in unacceptable levels of disturbance to the occupiers of these dwellings.

6.22 The properties on the western side of Hayes Lane (opposite the application site) all currently enjoy an isolated setting and outlook across the area of land that would be developed. Due to the glimpse views available through the hedge/tree screen on the eastern side of Hayes Lane, this outlook would, inevitably, be altered by the proposed development, particularly at night, when the street and house lighting would be clearly discernible. Given the orientation of the properties and the intervening highway, it is, however, considered that a development could be designed to ensure that there was no unacceptable loss of light, outlook or privacy to existing or prospective occupiers. Likewise, the internal layout of the proposed development, including access roads and parking areas, could be designed to so as to ensure minimal impact on new and existing residents. Whilst the LEAP is shown to be sited towards the north-western corner of the site, the final position and layout could be devised so as to avoid disturbance to neighbouring and prospective occupiers, noting that, in the interests of preserving residential amenity, the Council’s guidance suggests a separation distance of at least 20 metres between areas of play and adjacent residential dwellings. It is acknowledged that the head-lights of vehicles

ITEM A2 - 19

exiting the application site at night would result in an element of glare to the properties on the western side of Hayes Lane, particularly to ground floor windows. Given the limited number of vehicular movements associated with the development, however, it is not considered that this would have an unacceptable impact on the living environment of the occupiers of these dwellings, including those occupy the houses directly opposite the proposed access.

6.23 Hayes Lane is a small road that is not heavily trafficked. It is not, therefore, considered that

prospective occupiers of the proposed development will experience harmful levels of noise disturbance associated with use of the use of this highway. Although the layout plans are indicative only, they would suggest that the development can be designed so as to provide each dwelling with its own rear garden, which, whilst not necessarily characteristic of the immediate locality in terms of its size and shape (further suggesting an uncharacteristic overdevelopment on the plot), could provide a functional/usable area of private amenity space. In light of the above, it is considered that the development could be designed in such a way so as to ensure a pleasant living environment for prospective occupiers. Access, Parking and Highway Safety

6.24 The applicant has submitted amended plans which successfully overcome the area of concern identified in the Stage 1 Safety Audit relating to the achievement of suitable visibility splays at the proposed access. The provision of a more formalised on-street car parking bay, together with a designated parking bay within the development site itself will ensure not only that suitable visibility splays can be achieved, but also, that the creation of the new access and visibility splays does not result in a net loss of on street car parking on Hayes Lane, which will ensure that there is no displacement of existing on-street parking, which is important given the local demand. The other issues raised by the Stage 1 Safety Audit relate to the provision of raised kerbs and could be addressed through the detailed design stage and controlled by suitably worded conditions. In light of the above amendments, the proposed access arrangements are now considered acceptable. Due to the visibility available at the site access and the low vehicle speeds on Hayes Lane, and the location of the access relative to existing junctions, it is not considered that the proposed entrance/exit will harm the interests of highway and pedestrian safety. The requirement to undertake the works to implement the formal on-street parking bay could be controlled through the provision of a suitably worded clause in the legal agreement, should all other aspects of the development be considered acceptable. Likewise, the provision and subsequent retention of the new parking bay within the development site itself could be controlled by condition.

6.25 The Transport Statement indicates that the proposed development will generate approximately 32 no. two way vehicle movements in the AM peak period (0800-0900) and 33 no. two way movements in the PM peak (1700-1800). Even if all these trips were made by car, this would, on average, equate to approximately one vehicular movement on to the highway network every two minutes during the peak periods. In light of this and given the existing number of vehicle movements on Hayes Lane, including if the planning permission to the rear of numbers 1 – 25 is implemented, it is not considered that the comings and goings associated with the proposed development would have a harmful impact on traffic flows or contribute to traffic congestion on the local road network. It is considered that there is adequate spare capacity in the local road network to accommodate the additional vehicle movements associated with the development, without having a harmful impact on the safe operation of the highway, even when having regard to the narrower sections of Hayes Lane.

6.26 The applicant has indicated that the proposed development would be designed so as to comply with the car parking standards set by West Sussex Country Council. Although layout is a Reserved Matter, the indicative drawings show that an appropriate level of

ITEM A2 - 20

parking could be provided across the site to avoid overspill parking in the local road network. Likewise, it is considered likely that sufficient space could be made available within the rear gardens of properties to provide suitable facilities for the storage of cycles. On this basis, it is considered that acceptable car and cycle parking arrangements could be achieved for the development, if all other aspects of the proposal were considered acceptable.

6.27 As each dwelling could be designed to have its own private rear garden, it is considered that adequate space could be made available for the storage and collection of refuse bins. Ecology and Biodiversity

6.28 The applicant has undertaken a number of surveys to establish the likely impact of the proposed development on protected species and their habitat, including whether the site provides foraging ground for bats and barn owls. The surveys have been undertaken in accordance with best practice guidance. They are considered reliable and suitable to inform appropriate mitigation strategies.

6.29 A series of mitigation measures have been put forward (including the translocation of

reptiles and the maintenance and management of suitable wildlife/landscape buffers around the perimeters of the site) which are proposed to protect the nature conservation interests of the site. Through consultation with the Council’s Ecological Consultant, it is considered that any harmful impacts of the development on protected species and their habitat could be adequately mitigated, subject to the inclusion of appropriate conditions, should the application be recommended favourably. A condition could be attached requiring the submission and approval of a suitable Ecological Protection and Mitigation Plan, formulated in accordance with the strategies put forward as part of this application. A condition could also be attached to ensure that the recommendations outlined in the Ecological Assessment, Reptile Mitigation Statement and Framework Landscape and Ecology Management Strategy are carried out on site. This would need to ensure the retention of appropriate landscape buffers. Likewise, a condition could be used to ensure that no development take place on site until a pre-commencement badger sett check has been undertaken. Subject to the above conditions, it is considered that the site could be developed without having harmful impacts on protected species or their habitat. Contamination

6.30 The land, the subject of this application has been used for farming in the past and, accordingly, the Head of Environmental Health has advised that conditions would need to be included on any consent requiring the applicant to undertake some investigations prior to commencement of development and submit the results to the Council for consideration/approval. Drainage

6.31 Although the final details would be submitted as part of a Reserved Matters application, the applicant has indicated that it would be proposed to provide a Sustainable Drainage System (SuDS) in an attempt to reduce run-off to a rate below the current conditions and to improve water quality. The sustainable drainage system would include permeable surfacing to private parking areas and roads; swales, which would be designed to convey water from the higher parts of the site to a new balancing pond and; a new attenuation basin designed to provide temporary storage for run-off water from the site during rainfall events, before releasing the water in to the adjacent stream, at a controlled rate. The on-site SuDS would be designed to cater for flood events up to and including a 1 in 100 year event, with a 30% buffer to account for climate change. The Council’s Drainage Technician has confirmed

ITEM A2 - 21

that the proposed drainage strategy is acceptable and appropriate and that the final details could be controlled through the detailed design stage.

Section 106 Contributions and Affordable Housing Provision

6.32 In the event that planning permission is granted, Policy CP13 requires new development to meet its infrastructure needs. For this development, contributions have been requested towards amenity open space, play and recreation areas, indoor and outdoor sports provision, community facilities, libraries, refuse and recycling, fire and rescue and highway improvements.

6.33 All contributions must be justified in accordance with the three tests set out under

Regulation 122 of the Community and Infrastructure Levy Regulations 2010, in so far that they must be; necessary to make the development acceptable in planning terms; directly related to the development and; fairly and reasonably related in scale and kind to the development.

6.34 In accordance with the Policies of the Core Strategy and Planning Obligation SPD, the

District Council expects that all new residential developments will provide for additional outdoor playing space, play and recreation/sports facilities, community facilities, libraries, refuse and recycling provisions and fire and rescue services, to meet the needs of prospective residents. The Council, therefore, requires a contribution towards the provision and/or improvement of these facilities through the payment of a developer contribution in order that appropriate facilities can be provided in the locality to be secured by a legal agreement.

6.35 The principle of taking developer contributions for each net dwelling gain has been

established following the findings of the Planning Inspector at the Local Development Framework: Core Strategy Inquiry (2007), whereby Policy CP1 and Planning Obligation SPD were recommended for adoption. The Inspector considered that such provision would not place an unnecessary burden on developers and landowners and that the requirements were reasonable. The three policy tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 Statutory Instrument 2010/248 were applicable at the time of the Inquiry, albeit they were not statutory tests at that time.

6.36 It is considered that the District Council’s approach continues to meet the three statutory

tests, as explained below.

Test 1: Necessary to make the development acceptable in planning terms. 6.37 Developer contributions have been used to improve the quality of existing recreational

open space provision in order to absorb the recreational pressure created by residents of new dwellings. Indeed, the need for open space provision and improvement to existing facilities has become more pressing since the adoption of the Core Strategy, due to population growth within the District in this time. Therefore, each new dwelling will, in combination, add to existing deficiencies that are evident within the District, or necessitate upgrades or improvements to be made.

6.38 There are currently a number of qualitative and quantitative deficiencies in the District in

terms of children’s play facilities, health and fitness facilities and other outdoor and indoor sports and playing pitch facilities, as identified in the Council’s Sport, Open Space and Recreation Assessment (2014). A strategic priority, as identified in this document, is to enhance existing provision.

6.39 Likewise, it is considered that the introduction of up to 50 no. residential units would add to

the pressure on existing community facilities, libraries, refuse and recycling and fire and

ITEM A2 - 22

rescue services. The payment of a commuted sum towards new facilities and/or improvements to existing facilities, which would be used by prospective occupiers would help to off-set the additional pressures on these facilities associated with the introduction of 50 no. new residential properties.

6.40 The Parish list identifies 3 no. projects at the King George V Field, namely; a Multi-Use

Games Area (MUGA); Youth Shelter and; new fencing. The King George V Field is located within 1 km of the application site.

6.41 It is, therefore, considered that contributions for new residential development are necessary

to make the development acceptable in planning terms, as without collecting contributions on a dwelling-by-dwelling basis, there would be a cumulative deterioration in both the quality and quantity of open space, play, health and fitness facilities, other outdoor and indoor sports and playing pitch facilities, community facilities, libraries, refuse and recycling and fire and rescue services, available to the occupants of new dwellings in Horsham District Council generally and Slinfold specifically. The provision of good open space, recreational and community facilities can form part of a wider solution to enhance health and well being in the District, in accordance with the aims and objectives of the NPPF.

2. Directly related to the development

6.42 The developer contributions, secured in the event that planning permission is granted,

could be allocated towards improvements to the existing King George V Field, which is within close enough proximity to the application site to be used by prospective occupiers.

6.43 It is considered that prospective occupiers of the proposed development would use this

strategic neighbourhood facility, which could be enhanced as a result on the proposed development in order to address the increased demand. The Sport, Open Space and Recreation Assessment lists other types of improvements that can be made to existing facilities, for instance, new lighting, seating, safety signage, provision of new/improved safety surfacing, new play equipment, dog proof fencing, provision of additional litter bins, additional planting, amongst others.

6.44 Due to the scale of the proposed development, it is considered that prospective occupiers

would make use of the enhanced community facilities and would benefit, therefore, from any improvements. It is necessary for each new dwelling to contribute towards improvements to the facilities to enhance strategic area of recreational space for residents, rather than having to travel further afield.

3. Fairly and reasonably related in scale and kind to the development.

6.45 For the reasons outlined above, the provision of a commuted sum, based on the formulaic

approach developed as part of the Planning Obligation SPD, is considered a fair approach to deal with the cumulative pressure on existing qualitative and quantitative deficiencies in the District and in this case, to enhance existing facilities in Slinfold.

6.46 In addition to the above contributions, any legal agreement would need to include provision

for measures to secure the works to the highway outside of the application site, as shown on the submitted drawings. Other matters

6.47 In considering other matters raised by the public in their letters of objection, it should be

noted that all planning applications must be considered on their individual merits and against the relevant local and national planning policies and any other material planning considerations. Whilst the application is supported by a Design and Access Statement,

ITEM A2 - 23

Case Officers undertake a site visit in order to assess the merits of the proposed development, assessing schemes using scaled plans and following consultation with relevant internal and external departments. Whilst the concern regarding the accuracy of the Design and Access Statement is noted, the content of this document does not, therefore, affect the reliable assessment/determination of the planning application. Unfortunately, an element of disturbance is inevitable during the construction process, however, conditions can be used to control the hours of working and to ensure suitable measures are put in place to control dust and this would help to preserve the residential amenity of existing residents during the build period. Conditions could also be used to control the siting of any site compound in order to minimise the impact on adjacent occupiers, if all other aspects of the development were considered acceptable. Whilst concern regarding construction traffic is acknowledged, it is considered that this could be addressed through the submission and approval of Construction Management Plan, the details of which could be secured by condition, if all other aspects of the development were considered acceptable.

6.48 Whilst it is acknowledged that an application has been made to West Sussex County Council in relation to formal designation of a currently undesignated footpath that runs through the site, this is a separate legal process, which does not prevent the consideration or determination of this planning application.

6.49 Paragraphs 186 and187 of the NPPF requires Local Planning Authority’s to approach

decision making in a positive way and look for solutions rather than problems, working proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area. In accordance with the sentiment of the NPPF, a meeting was held with the applicant in order to establish whether positive solutions could be found to allow the application to be progressed towards a favourable recommendation. On this occasion, and despite the meeting, it has not been possible to find appropriate solutions to overcome the fundamental objections to the impact of this quantum of development on the landscape character and amenity of the locality. Conclusion

6.50 Taking all matters into account, the proposal is considered to represent an unsustainable form of development. The development would harm the character and appearance of the application site and surrounding area and would not be sympathetic to the local landscape. The development is considered harmful, even when weighed against the economic benefit and social benefits of providing housing and as such, the presumption in favour of sustainable development, as set out in Paragraph 14 of the NPPF, cannot be applied.

6.51 Under these circumstances, and when all material considerations are taken in to account and given appropriate weight in the planning balance, the adverse affects of granting Outline planning permission would significantly and demonstrably outweigh the benefits.

7. RECOMMENDATIONS 7.1 It is recommended that planning permission be refused for the following reasons:

1. The proposal would result in development inconsistent with the overarching strategy for development set out in the emerging Horsham District Planning Framework and would be best placed to be considered through the neighbourhood plan process. The proposed development is therefore contrary to Policy CP5 of the Core Strategy (2007), Policies 2 and 3 of the Horsham District Planning Framework and the National Planning Policy Framework (2012).

ITEM A2 - 24

2. The proposed provision of up to 50 no. dwellings in this location, with the associated loss of trees, scrub and vegetation, would significantly diminish the informal and open character of this area, creating a discordant and uncharacteristically urbanised environment that would serve to derogate the noticeable transition between the more suburban context of the village and the more rural character of the open countryside to the south and east. The proposed development would, therefore, be harmful to the character and appearance of the locality, contrary to Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007) and Paragraphs 7 and 64 of the National Planning Policy Framework (2012). 3. The proposed development makes no provision for contributions towards improvements to education provision; libraries; fire and rescue services; open space; sport and recreation facilities; community facilities; or affordable housing and is, therefore, contrary to Policies CP12 and CP13 of the Horsham District Local Development Framework: Core Strategy (2007) and the Horsham District Local Development Framework: Planning Obligations Supplementary Planning Document (SPD) as it has not been demonstrated how the infrastructure needs of the development would be met.

Note to Applicant:

The reason for refusal relating to infrastructure contributions could be addressed through the completion of a legal agreement. If the applicant is minded to appeal the refusal of this application you are advised to liaise with the Local Planning Authority prior to the submission of an appeal with a view to finalising an acceptable Agreement.

Background Papers: DC/15/0591

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/15/0591

Land East of 1 To 25 Hayes Lane

1:4,090

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public

ITEM A3 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT: Residential development of 49 dwellings

SITE: Land North of Heath Barn Farm Bungalow Billingshurst Road Broadbridge Heath West Sussex

WARD: Broadbridge Heath

APPLICATION: DC/14/1943

APPLICANT: Mr John Clarke

REASON FOR INCLUSION ON THE AGENDA: The category of development. RECOMMENDATION: That the application be permitted subject to conditions and the signing of a

s106 Agreement. 1. THE PURPOSE OF THIS REPORT

To consider the planning application. DESCRIPTION OF THE APPLICATION

1.1 This scheme previously went before the Development Control (North) Committee on 03

March 2015 where members resolved to approve the application subject to a legal agreement and conditions. The scheme is now before the planning committee for a second time as a request has been made to amend the wording of condition 16. The previous case officer’s report is appended to this report.

1.2 The scheme is for outline planning permission for 49 dwellings. Access and layout are matters for which detailed approval is sought but all other matters are reserved. All details relating to the layout remain unchanged from that previously proposed. The scheme includes one point of access directly from the A264 Broadbridge Heath bypass and six additional direct access points to units fronting onto the existing bypass are also proposed.

1.4 The A264 Broadbridge Heath bypass is to be downgraded with local access only as part of

the highway works associated with the wider West of Horsham development, in particular the granting of 963 dwellings to the South of Broadbridge Heath. The application was originally submitted on the basis that access would not be available to the site until the downgrading had been completed. At the previous planning committee the case officer therefore recommended condition 16 which was originally worded as follows:

Contact Officer: Tom Tanner Tel: 01403 215258

ITEM A3 - 2

“The development hereby permitted shall not be commenced unless and until the new A24 High Wood junction and east-west link road have been constructed and are open to traffic and the existing A264 Broadbridge Heath bypass is downgraded and closed to through traffic.”

1.5 However, at the Development Control (North) Committee Meeting concern was raised

regarding highway safety. As stated in the minutes of the meeting, Committee Members agreed that:

“Condition 16, as printed in the report, should be amended so that, in addition to changes to the A264, before commencement of development the Five Oaks roundabout and new T junction improvements would be required to be delivered.”

1.6 The applicant is now seeking to amend the wording of condition 16 so that:

• Construction traffic can use the proposed access point to commence development of the scheme prior to the downgrading of the existing A264;

• The units to be accessed via the main access point could be occupied prior to the downgrading of the existing A264;

• That the condition only restricts the occupation of units 1-11 which are to take access directly from the existing A264 until after it has been downgraded, the T-Junction for Billingshurst Road has been provided and the improvements to the Five Oaks Roundabout have been completed.

DESCRIPTION OF THE SITE

1.7 The site lies directly to the south of the A264 and north of the land which has been granted

consent for a combined total of 997 dwellings. These developments are currently under construction.

1.8 The site is currently open arable grassland and covers a site area of 1.85 hectares. It is

bounded by hedgerows and trees and is generally flat in nature. The site is crossed by a high pressure gas main.

1.10 This site is within the West of Horsham strategic allocation as defined within the west of Horsham Masterplan Document. This site is identified as open space within the masterplan document. However paragraph 4.12 of the masterplan document also advises that ‘the detailed design of this area may demonstrate that some of it, adjacent to the existing bypass, could be developed for new homes.’

2. INTRODUCTION

STATUTORY BACKGROUND 2.1 The Town and Country Planning Act 1990.

RELEVANT GOVERNMENT POLICY 2.2 National Planning Policy Framework:

NPPF6 - Delivering a wide choice of high quality homes NPPF7 - Requiring good design NPPF14 - Presumption in favour of sustainable development

RELEVANT COUNCIL POLICY

ITEM A3 - 3 2.3 Local Development Framework (Core Strategy 2007):

CP1 - Landscape and Townscape Character CP2 - Environmental Quality CP3 - Improving the Quality of New Development CP5 - Built-up Areas and Previously Developed Land CP7 - Strategic Location - West of Horsham CP12 - Meeting Housing Needs

2.4 Local Development Framework (GDCP 2007):

DC5 - Biodiversity and Geology DC7 - Flooding DC8 - Renewable Energy and Climate Change DC9 - Development Principles DC10 - Archaeological Sites and Ancient Monuments DC40: Transport and Access

2.5 Whist Policy CP7 sets the key principles, specific guidance on the ‘visions’ for the development is provided in the Land West of Horsham Masterplan Supplementary Planning Document SPD (2008) and the Land West of Horsham Design Principles and Character Areas SPD (2009) which provides guidance on design matters for developers and others preparing planning applications and for those considering applications.

2.6 The emerging Horsham District Planning Framework (HDPF) was approved by Council on

30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent Examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Examination of the HDPF was undertaken by an independent Planning Inspector in November 2014, and the Inspector published his Initial Findings on 19th December 2014. The Inspector considers the overall strategy of the plan to be sound as is made clear in paragraph 4 of his Initial Findings: ‘On balance, I consider the overall strategy to concentrate growth in the main settlements in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP), is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services..’

2.7 The Inspector suspended the Examination of the HDPF, after the initial round of Hearing sessions, for a 6 month period to allow time for the Council to show how the annual housing provision can be increased to provide for a minimum of 750 dwellings per annum (15,000 over the plan period). The representation period for the HDPF Main Modifications ran from 23rd March 2015 until 5th May 2015. Following the receipt of representations, the Inspector has decided to resume Hearings to discuss the issues raised. The Hearings re-opened on 3rd July 2015 to consider only the issues outlined in the Initial Findings. The final report is awaited. Given the Inspector’s Initial Findings, the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy.

PLANNING HISTORY

2.8 There is no planning history relevant to this site. However the adjacent sites within the

West of Horsham allocation are considered to be relevant.

ITEM A3 - 4

2.9 DC/09/2101 – Land south of Broadbridge Heath – Erection of 963 dwellings and associated

infrastructure and open space. Outline approval permitted in October 2011. A number of reserved matters applications have subsequently been permitted and the site is well advanced in its construction.

2.10 DC/12/1172 – Heath Barn Farmhouse – Erection of 34 dwellings. Permitted in June 2013 and also at an advanced stage of construction.

3. OUTCOME OF CONSULTATIONS

INTERNAL CONSULTATIONS None.

OUTSIDE AGENCIES

WSCC – Highways (Summarised): Comment. • Traffic on the existing bypass is likely to reduce once the east-west link road is

open to traffic; • It is acknowledged that the majority of Guildford-Horsham and Tesco westbound

traffic will still be inclined to use the bypass until it is closed; • A temporary construction access to the bypass is already in place serving the

Countryside site (Land south of Broadbridge Heath) and WSCC is not aware of any issues with the left in/left out access arrangement;

• A construction access from the development onto the bypass is considered difficult to resist once the east-west link has been open to through traffic;

• A robust Construction Management Plan would be required including construction traffic entering and leaving the site from the westbound carriageway only prior to the existing bypass being downgraded;

• Serious concern raised regarding the occupation of the dwellings which are to front the existing bypass;

• WSCC would not want to see either construction or use of private driveways serving these dwellings onto the existing bypass whilst the road is still open to through traffic on highway safety grounds;

• Any condition would need to be worded so that no other points of access could be formed onto the bypass;

• Recommend that the full TAD payment is paid up front to enable the delivery of some aspects of the village traffic management scheme.

WSCC – S106 (Summarised): No objection subject to S106 contributions.

PUBLIC CONSULTATIONS

Broadbridge Heath Parish Council: Objection – the Parish Council strongly object to Condition 16 being varied. The condition specified must still be valid and is integral to the application so for health and safety reasons as well as to prevent traffic chaos in the area whilst road works are being carried out, plots 12-49 should not be occupied before the A264 Broadbridge Heath bypass has been downgraded.

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

ITEM A3 - 5 5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS Impact on Highway Safety 6.1 The level and type of development remains unchanged to that which went before the

Development Control (North) Committee on 03rd March 2015. The main issue to consider is therefore what the changes in circumstances are and whether the proposal will have an adverse impact on highway safety.

6.2 It was originally intended to close the A264 Broadbridge Heath bypass when the A24

Highwood Hill junction and east-west link road had been completed. At the time it was anticipated that these works would be completed by the end of 2015. The Highwood Hill junction opened ahead of schedule on 16th June 2015 and WSCC have advised that it should take around 4 months before the east-west link road is opened pending the completion of legal agreements. However, following a request from Broadbridge Heath Parish Council it is now intended for the existing Broadbridge Heath bypass to remain open concurrently with the new east-west link road until traffic management works proposed in the village have been delivered. The aim of this is to deter potential rat-running through the village. The WSCC Highways Engineer has advised that it may be a number of years before the Broadbridge Heath traffic management works are completed. Due to the wording of the (second) condition 16 the developer is therefore in a position where it may not be possible to commence works at the site for several years due to this change in circumstances.

6.3 Whilst at the present time the traffic management works are not expected to be completed

for a number of years this development will make financial contributions towards the works. The WSCC Highways Engineer has advised that if the contributions are secured upfront (e.g. on commencement of development) it would make it possible to deliver some aspects of the traffic management works at an earlier stage thereby helping to improve highway safety in the wider area. The contributions could be secure at an early stage through the legal agreement.

6.4 The applicant has provided visibility splays which indicate that adequate visibility can be

achieved at the point of access onto the existing by-pass. A temporary construction access already exists onto the by-pass further to the east which serves the developments under construction to the south. The WSCC Highways Engineer has advised that WSCC is not aware of any particular highway safety issues relating to this access. Additionally, whilst some traffic will continue to use the by-pass the WSCC Highways Engineer has advised that the level of traffic will reduce once the east-west link is open.

6.5 When the application previously went before the Planning Committee in March 2015 the

case officer recommended the use of a condition (condition 21) to secure the submission of a Construction Management Plan (CMP) which covered the location of contractors parking, wheel washing facilities, material storage areas etc. In accordance with the WSCC Highway Engineers recommendation it is considered necessary to amend the wording of the condition so that its requirements are broadened to include, amongst other things, details regarding the number, frequency and type of vehicles used during construction, the method of access and vehicle routing during construction, and details of public engagement both prior to and during construction works. It is considered that this condition

ITEM A3 - 6

will help to ensure that construction traffic does not lead to unacceptable highway safety issues.

6.5 The WSCC Highways Engineer has raised concern regarding the occupation of the

dwellings proposed to take access directly from the by-pass until it has been closed to through traffic. In order to address this matter it is recommended that (second) condition 16 is worded in such a way that only the main access point can be constructed before the by-pass is downgraded. It is also recommended that the condition specifically restricts the construction of the drives to these dwellings and their occupation until the by-pass is downgraded. Not only will this condition restrict the formation of multiple points of access onto the by-pass but it will also reduce the level of traffic generated by the scheme before the by-pass is downgraded as the total number of units that can be constructed and occupied at the site will be 38 units. This reduction in traffic generation combined with the reduced volume of traffic making use of the existing by-pass as a result of the east-west link road will help to further reduce the impact on highway safety.

6.6 Having regard to the above it is recommended that (second) condition 16 is amended as

follows: “The development hereby approved shall not be commenced unless and until the new A24

High Wood junction and east-west link road have been constructed and are open to traffic. Construction of units 1-11 as shown on drawing number: 6653 SP(90)01 REV E including the private driveways to these units and/or any other means of access to these units shall not commence until the existing A264 Broadbridge Heath bypass has been downgraded and closed to through traffic and the Five Oaks roundabout and new T junction improvements have been constructed and are open to traffic.”

Other Matters

6.7 In addition to the issue of highway safety it should be noted that since the Planning

Committee originally considered this scheme a number of specific S106 projects have been identified in accordance with the Community Infrastructure Levy (CIL) regulations. In this case Broadbridge Heath Parish Council have provided details of footpath improvements in the area and have identified the need for improvements to a nearby play area at Singleton Road. The Parks and Countryside Team have identified the need for funding for a sports pavilion on land to the south of Broadbridge Heath. At this stage it is envisaged that these projects will form the basis of the legal agreement for the scheme.

Conclusion 6.8 Changes in circumstances have meant that the existing by-pass will remain open

concurrently with the new east-west link road until traffic management improvements in Broadbridge Heath have been completed. It is envisaged that the traffic management works in the area will not be completed for a number of years. Contributions from the proposal could be delivered on commencement of development which would make it possible to deliver some aspects of the traffic management works earlier than anticipated.

6.9 Once the east-west link road is open the volume of traffic making use of the by-pass will be

reduced, and the applicant has demonstrated that adequate visibility can be achieved at the point of access to the Broadbridge Heath by-pass

6.10 Restrictions on the construction/occupation of the units which take access directly from the

by-pass can be imposed by condition. As the result of such a condition the volume of traffic making use of the access will also be reduced.

ITEM A3 - 7 6.11 It is therefore considered that through the use of conditions and a legal agreement the

proposal will not result in adverse highway safety issues. The scheme therefore complies with the requirements of Policy DC40 of the Horsham District Local Development Framework General Development Control Policies (2007).

7. RECOMMENDATIONS 7.1 That planning permission be granted subject to the conditions below and the completion of

a S106 Legal Agreement to cover infrastructure contributions. 7.2 Members should note that the Committee has already made a resolution to approve the

application subject to a Legal Agreement and the previous (second) condition 16. Therefore, if Members vote to reject the Officer’s recommendation set out above, the previous resolution will still stand and permission can be granted on the terms previously agreed by Members.

1.

(a) Approval of the details of the layout of the development, the scale of each building, the appearance of each building, access to and within the site and the landscaping of the development (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

(b) Plans and particulars of the reserved matters referred to in condition (a) above, relating to the layout of the development, the scale of each building, the appearance of each building, access to and within the site and the landscaping of the development, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

(c) Application for approval of the reserved matters shall be made to the Local Planning

Authority before the expiration of 3 years from the date of this permission. (d) The development hereby permitted shall be begun either before the expiration of 3

years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 of the Town and Country Planning Act 1990.

2. No development shall take place until details of screen walls and/or fences have been

submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details.

Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. No development shall be commenced until there has been submitted to and approved in

writing by the Local Planning Authority a plan showing the layout of the proposed development and the provision of car parking spaces for vehicles to the standard of ^IN;. The areas of land so provided shall not thereafter be used for any purpose other than the parking of vehicles. Reason: To ensure that adequate and satisfactory provision is made for the parking of vehicles clear of all highways in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

ITEM A3 - 8 4. The dwelling(s) / building(s) hereby permitted shall not be occupied unless and until

provision for the storage of refuse/recycling bins has been made within the site in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

5. No development shall commence until a desktop study and risk assessment to address

any contamination have been submitted to, and approved in writing by, the Council. If this study deems necessary, then an intrusive investigation and further risk assessment will need to be submitted to, and approved in writing, by the Council. The scope of the investigation is to be agreed with the Council in advance of the works. The risk assessments will assess the degree and nature of any contamination on site and assess the risks posed by any contamination to human health, controlled waters and the wider environment. A detailed method statement for any required remediation works will need to be submitted to, and approved in writing by, the Council.

No development shall commence until any required remediation works have been completed and a validation report to verify these works has been submitted to, and approved in writing, by the Council. Reason: To ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works.

6. No trenches or pipe runs for services, drains, or any other reason, [further to those

indicated on drawing number 000/000 dated 00/00/00] shall be excavated anywhere within the root protection area of any tree or hedge targeted for retention on or off the site without the prior written approval of the Local Planning Authority. Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. Prior to the commencement of any works on site a detailed Landscape Management and Maintenance Plan for the site shall be submitted to and approved in writing by the LPA.

The plan shall include: • Aims and Objectives • A description of Landscape Components • Management Prescriptions • Details of maintenance operations and their timing • Details of the parties/organisations who will be maintain and manage the site, to include

a plan delineating the areas that they will be responsible for The plan shall demonstrate full integration of landscape, biodiversity and arboricultural considerations. The areas of planting shall thereafter be retained and maintained in perpetuity in accordance with the approved Landscape Management and Maintenance Plan, unless any variation is approved in writing by the LPA.

Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

ITEM A3 - 9 8. Prior to the commencement of development full details of hard and soft landscaping shall

be submitted to and approved in writing by the Local Planning Authority and shall comprise:

• A detailed plan and specification for topsoil stripping, storage and re-use on the site

in accordance with recognised codes of best practice • Planting and seeding plans and schedules specifying species, planting size, densities

and plant numbers • Tree pit and staking/underground guying details • A written hard and soft specification (National Building Specification compliant) of

planting (including ground preparation, cultivation and other operations associated with plant and grass establishment)

• Hard surfacing materials- layout, colour, size, texture, coursing, levels • Minor artefacts and structures - location and type of street furniture, refuse units

The approved scheme shall be implemented in full accordance with these details. Planting shall be carried out according to a timetable to be agreed in writing with the Local Planning authority prior to commencement of the development.

Any plants which within a period of 5 years 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: To ensure a satisfactory development in the interests of amenity in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

9. All works shall be executed in full accordance with the submitted Arboricultural Method Statement. Reason: To ensure the successful and satisfactory retention of important trees, shrubs and hedges on the site in accordance with policies DC2 and DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. Construction work shall not begin until a scheme for protecting the proposal from road

traffic noise has been submitted to and approved by the Local Planning Authority in writing; all works which form part of the scheme shall be completed before (any part of) the (noise-sensitive development) is occupied and thereafter retained.

Reason: In the interests of residential amenities by ensuring an acceptable noise level for the occupants and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. The dwelling(s) shall achieve a Code Level 3 in accordance with the requirements of the

Code for Sustainable Homes: Technical Guide (or such national measures of sustainability for house design that replaces that scheme). No dwelling(s) shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level 3 has been achieved. Reason: To ensure the dwelling makes the most efficient use of renewable energy and to comply with policy DC8 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. No work for the implementation of the development hereby permitted shall be undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on

ITEM A3 - 10

Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. Full details of means of surface water and foul drainage to serve the development shall be submitted to and agreed in writing by the Local Planning Authority prior to works commencing on development. The scheme agreed shall be implemented strictly in accordance with such agreement unless subsequent amendments have been agreed with the Local Planning Authority. Reason: To ensure that the development is properly drained.

14. Recommendations within the Extended Phase 1 Habitat Survey report and the Reptile

Likely Presence/Likely Absence survey report, dated August 2014 (also by PJC Ecology) shall be incorporated into a mitigation and enhancement plan which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be implemented in accordance with the approved scheme. Reason: To ensure the protection, conservation or enhancement of biodiversity in accordance with DC5 of the General Development Control Policies.

15. A detailed lighting plan showing measures to be used to avoid illumination of boundary habitats, and proposed areas of open space, in order to avoid disturbance to bats (showing modelled areas of light spill and predicted lux levels) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The approved details shall be implemented in accordance with the approved details. Reason: To ensure the protection, conservation or enhancement of biodiversity in accordance with DC5 of the General Development Control Policies.

16 The development hereby approved shall not be commenced unless and until the new A24 High Wood junction and east-west link road have been constructed and are open to traffic. Construction of units 1-11 as shown on drawing number: 6653 SP(90)01 REV E including the private driveways to these units and/or any other means of access to these units shall not commence until the existing A264 Broadbridge Heath bypass has been downgraded and closed to through traffic and the Five Oaks roundabout and new T junction improvements have been constructed and are open to traffic. Reason : In the interests of highway safety and the amenities of the area in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

17 The development hereby permitted shall not be commenced unless and until the access to

the site has been designed, laid out and constructed in all respects in accordance with plans and details to be submitted to local planning authority for approval.

Reason : In the interests of highway safety and the amenities of the area in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

ITEM A3 - 11 18 The development hereby permitted shall not be occupied unless and until cycle links have

been provided from the internal access road to Five Oaks Road and Mill Lane in accordabnce with plans and details to be submitted to the local planning authority for approval.

Reason: To encourage sustainable transport choices and in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

19 The development hereby permitted shall not be occupied unless and until the internal

access roads, footways and parking spaces have been designed, laid out and constructed in accordance with plans and details to be submitted to the local planning authority for approval.

Reason : To ensure that safe access and parking arrangements are available for new occupiers and in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

20 The development hereby permitted shall not commence unless and until all access to the

site other than hereby approved has been closed and obliterated.

Reason : In the interests of highway safety and the amenities of the area in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

21 Prior to the commencement of development, 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);

• measures to control the emission of dust and dirt during demolition and construction; • lighting for construction and security; • details of public engagement both prior to and during construction works.

Reason: In the interests of highway safety and the amenities of the area in accordance with policies DC9 and DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

22 No development shall take place within the site until the applicant, or the applicants agent or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation and timetable which has been submitted and approved by the Local Planning Authority.

ITEM A3 - 12

Reason: In order to ensure that archaeological features deposits and artefacts revealed

during development works will be adequately recorded in accordance with Policy DC10 of the General Development Control Policies.

Background Papers: DC/14/1943

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/14/1943

Land North of Heath Barn Farm Bungalow

1:4,090

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public

ITEM A4 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT: Cessation of commercial uses, removal of associated commercial buildings and the erection of three small bungalows on land to the north of Gate Lodge

SITE: Gate Lodge Stane Street Slinfold Horsham

WARD: Itchingfield, Slinfold and Warnham

APPLICATION: DC/15/0911

APPLICANT: Ms Wendy Coad

REASON FOR INCLUSION ON THE AGENDA: More than 5 letters/emails of support have been

received RECOMMENDATION: To refuse planning permission 1. THE PURPOSE OF THIS REPORT

To consider the planning application.

1.1 DESCRIPTION OF THE APPLICATION 1.1.1 The application seeks full planning permission for the cessation of the commercial uses on

the site, the removal of the associated commercial buildings and the erection of three single storey dwellings.

1.1.2 The applicant has submitted a statement in support of the application detailing the past commercial uses of the site. Some of the previous occupiers of the site have also submitted letters/statements to demonstrate that the site has previously been in commercial use. The applicant purchased the property in 1996 with her son who had been trading as ‘Coadman Contractors’ since 1989. The applicant claims that the yard was used for the storage of building materials, including a copper works prior to the applicant’s purchase of the site and was also being used by an electrical firm who traded from the site and used the site as an office and for small goods storage. The applicant’s son used the site for the storage of materials (primarily blocks and bricks) in association with his building company between 1996 and 2014 and there were regular deliveries and visits to the site by the applicant’s son and the people employed by him to the site. The site was also used by a roofing and builders firm between November 2003 and 2014 for the storage of vehicles and goods to be used on sites, who estimate that they visited the site 2-3 times daily. The site has also been used periodically for around 14 years between 2000 and 2014 by a steel worker to build structures to take to site. The welding and building equipment and vehicles

Contact Officer: Aimee Richardson Tel: 01403 215175

ITEM A4 - 2

were also stored there. In addition, the site has been used for the last 4-5 years by a coach company who maintains his and his clients’ vehicles on the site, mainly at weekends. The applicant herself is a therapist who has a purpose built office on the site and also allows two other therapists to work from the site on a regular basis. This would involve 20 to 26 clients visiting the site per week and using the hard surfaced car park which can accommodate eight cars. Since the applicant has owned the property, she has given displaced people a safe place to stay and has allowed them to store materials and goods on the site for short lengths of time.

1.1.3 The applicant is proposing to cease the commercial use of the site, remove the associated buildings and construct three modest sized dwellings. The dwellings would be single storey; one providing two bedroom accommodation and two providing three bedroom accommodation. Each of the dwellings would be of a different design, but all display similar features such as window proportions, similar eaves and ridge height and hipped roofs. All three properties would be faced in brick with clay tiled roofs. Each property would be provided with two car parking spaces, with two car parking spaces provided for Gate Lodge. The existing access from the A29 would provide access to the site with the internal access arrangements reconfigured to provide an access road along the northern edge of the site giving access to the three proposed properties. The existing trees within the site will be retained, with additional planting proposed along the southern boundary of the site to provide a boundary with the curtilage to be retained by Gate Lodge. Each of the new properties would be provided with private amenity space to the rear.

1.2 DESCRIPTION OF THE SITE 1.2.1 The application site lies to the west of the A29, approximately 860m (as the crow flies) from

the built-up area boundary of Slinfold. Walking into the village of Slinfold would involve walking along the A24 to join the Downs Link; a walk of approximately 1.2km to the edge of the village.

1.2.2 The site measures approximately 0.24 hectares and slopes slightly uphill from the A29. The

site is well hidden from public view due to the mature planting that exists around its boundary. A number of buildings and structures exist on the site, including a single storey timber building being used as a shed and office with associated car parking area and a large shed and car port with an associated hard surface. There is an existing internal road which runs east to west through the site given access to these buildings.

2. INTRODUCTION 2.1 STATUTORY BACKGROUND 2.1.1 The Town and Country Planning Act 1990. 2.2 RELEVANT GOVERNMENT POLICY 2.2.1 The following sections of the National Planning Policy Framework (2012), hereinafter

referred to as the ‘Framework’, are relevant to the consideration of this application (Note: This list is not exhaustive and other paragraphs of the Framework are referred to where necessary within the contents of the report): “Achieving Sustainable Development” NPPF 6 – Delivering a wide choice of high quality homes NPPF 7 – Requiring good design

2.3 RELEVANT COUNCIL POLICY

ITEM A4 - 3 2.3.1 Local Development Framework (Core Strategy 2007):

CP1 – Landscape and Townscape Character CP3 – Improving the Quality of New Development CP4 – Housing Provision CP5 – Built-up Areas and Previously Developed Land CP15 – Rural Strategy

2.3.2 Local Development Framework (General Development Control Policies 2007):

DC1 – Countryside Protection and Enhancement DC2 – Landscape Character DC9 – Development Principles DC24 – Conversion of Agricultural and Rural Buildings for Industrial, Business or Residential Uses DC40 – Transport and Access

2.3.3 Supplementary Planning Documents (SPD) Facilitating Appropriate Development (FAD) SPD 2.3.4 The emerging Horsham District Planning Framework (HDPF) was approved by Council on

30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent Examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Examination of the HDPF was undertaken by an independent Planning Inspector in November 2014, and the Inspector published his Initial Findings on 19th December 2014. The Inspector considers the overall strategy of the plan to be sound as is made clear in paragraph 4 of his Initial Findings: ‘On balance, I consider the overall strategy to concentrate growth in the main settlements in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP), is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services..’

2.3.5 The Inspector suspended the Examination of the HDPF, after the initial round of Hearing sessions, for a 6 month period to allow time for the Council to show how the annual housing provision can be increased to provide for a minimum of 750 dwellings per annum (15,000 over the plan period). The representation period for the HDPF Main Modifications ran from 23rd March 2015 until 5th May 2015. Following the receipt of representations, the Inspector has decided to resume Hearings to discuss the issues raised. The Hearings will re-open on 3rd July 2015 to consider only the issues outlined in the Initial Findings. Given the Inspector’s Initial Findings, the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy.

2.4 PLANNING HISTORY

SF/58/57

Improvements to dwellinghouse, cesspool and drainage (From old Planning History)

PER

ITEM A4 - 4

SF/24/61 Proposed lean-to greenhouse (From old Planning History)

PER

SF/3/73 Proposed erection of private dwelling

(From old Planning History) REF

SF/34/81 Extension to provide dining room, lobby, utility room, sun

lounge and larger garage (From old Planning History)

PER

SF/66/85 2 storey extension to dwelling

(From old Planning History) REF

SF/9/86 2 storey extension

(From old Planning History) PER

SF/50/90 Change of use of dwelling to offices and erection of

building for b1 use (outline) Site: Slinfold Lodge Gatehouse Slinfold

REF

SF/2/92 Change of use of dwelling to offices & erection of building

for b1 use (outline) Site: Slinfold Lodge Gatehouse Stane St Slinfold

REF

3. OUTCOME OF CONSULTATIONS 3.1 Where consultation responses have been summarised, it should be noted that Officers

have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk.

3.1 INTERNAL CONSULTATIONS 3.1.1 Public Health and Licensing

Recommends a condition relating to land contamination and requiring a scheme to deal with the risks associated with contamination of the site, including the identification and removal of asbestos containing materials, to be submitted to and agreed in writing by the Local Planning Authority.

3.2 OUTSIDE AGENCIES 3.2.1 WSCC Highways

The site does have an existing vehicular access no modifications are to be implemented to the access. There are no known issues with the use of this access. As no intensification of use is anticipated, there would be no expectation for this proposal to give rise to any highway safety concerns. The LHA have reviewed data supplied to WSCC by Sussex Police over a period of the last 3 years. There have been no recorded injury accidents at either the junction with the public highway, nor in the vicinity of the site access onto the A29 Stane Street. The site is recognised as having a permitted commercial use in the past. In considering the change of use the potential vehicle movements from the permitted use is a material consideration. In light of the scale of the permitted and proposed development, it is not considered that traffic generation would significantly vary between the two. It is not considered that this proposal could be resisted on the basis of traffic generation. If the LPA are minded to approve this application a condition securing car parking should be included.

ITEM A4 - 5 3.2.2 Southern Water

The planning application form makes reference to drainage using Sustainable Urban Drainage Systems (SUDS). Under current legislation and guidance SUDS rely upon facilities which are not adoptable by sewerage undertakers. Therefore, the applicant will need to ensure that arrangements exist for the long term maintenance of the SUDS facilities. It is critical that the effectiveness of these systems is maintained in perpetuity. Good management will avoid flooding from the proposed surface water system, which may result in the inundation of the foul sewerage system. Thus, where a SUDS scheme is to be implemented, the drainage details submitted to the Local Planning Authority would: i) specify the responsibilities of each party for the implementation of the SUDS scheme; ii) specify a timetable for implementation, and; iii) provide a management and maintenance plan for the lifetime of the development.

3.3 PARISH COUNCIL 3.3.1 No objection 3.4 PUBLIC CONSULTATIONS 3.4.1 12 letters/emails of support have been received which can be summarised as follows:

• The site is in a sustainable location • The facilities of Slinfold are close by and easily assessable by foot, bike or public

transport Hail & Stop buses • It removes the commercial use and therefore reduces commercial traffic • It will assist meeting the local housing demand for 2 and 3 bedroom properties • The design is acceptable and the site will not be overdeveloped • The bungalows will sit sympathetically within their environment • Care and attention to detail has been taken to incorporate the natural surrounding

environment using trees, hedges and plants • Careful thought has gone into providing bat and bird boxes to each property • The bungalows fit well into this plot with enough surrounding space for comfortable

rural living for the residents • The proposal will not overwhelm the village like some developments on the outskirts

of Horsham • The site lines out of the property is long and more than adequate • The applicant proposes to move into one of the new dwellings therefore freeing up

Gate Lodge which is 6 bedroom property 3.4.1 1 letter/email of objection has been received which can be summarised as follows:

• The proposal would create an isolated hamlet well away from the village centre with its village hall, school, church, shop, pub/restaurant, and sporting facilities

• Anyone attempting to walk to the village would have to walk along the busy A29 at its narrowest point with poor sight lines and no footpath and a very limited verge

• The proposal will almost certainly contradict the Slinfold Neighbourhood Plan that is in an advanced state of completion just before its referendum

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER

ITEM A4 - 6 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS 6.1 The main considerations for this application are the principle of the proposed residential

development in this location, the design and impact on the character of the area and the impact on the trees within the site. Principle of development

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking. In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise.

6.3 Paragraph 55 of the NPPF which deals with residential development in the open

countryside states “To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as: • the essential need for a rural worker to live permanently at or near their place of work in

the countryside; or • where such development would represent the optimal viable use of a heritage asset or

would be appropriate enabling development to secure the future of heritage assets; or • where the development would re-use redundant or disused buildings and lead to an

enhancement to the immediate setting; or • the exceptional quality or innovative nature of the design of the dwelling. Such a design

should: • be truly outstanding or innovative, helping to raise standards of design more

generally in rural areas; • reflect the highest standards in architecture; • significantly enhance its immediate setting; and • be sensitive to the defining characteristics of the local area.”

6.4 The application site lies in the countryside outside of, and some distance from, the

identified built-up area of any settlement. The proposed development does not, therefore, constitute the provision of residential development within or immediately adjacent to either a Category 1 or Category 2 settlement, as identified within policy CP5 of the Core Strategy. Given this location, the initial principle of the proposal moves to be considered in the context of paragraph 55 of the NPPF, policy CP15 of the Horsham District Local Development Framework Core Strategy (2007) and policy DC1 of the Horsham District Local Development Framework General Development Control Policies (2007).

6.5 Whilst it is acknowledged that the District currently does not have a 5 year supply of

housing land, the proposed Horsham District Planning Framework (HDPF) looks to allocate and identify suitable and sufficient land to meet the objectively assessed housing needs of the District over the plan period to 2031. Although not yet adopted, the HDPF Proposed Submission was submitted to the Planning Inspectorate in August 2014 and subject to Examination by the appointed Inspector during November 2014. The Inspector then subsequently published his Initial Findings in December 2014. The Inspector’s Initial

ITEM A4 - 7

Findings show that he considers the overall development strategy of the HDPF Proposed Submission to be sound. This strategy uses an approach of concentrating growth in the main settlements of the District (as identified by the settlement hierarchy), rather than the alternative of a greater dispersal of development around the District, which he considered would be less sustainable. The site lies outside of the built-up area boundary of Slinfold which is defined as a ‘Medium Village’ in the HDPF; a settlement that has a moderate level of services and facilities and community networks, together with some access to public transport. As the site is outside of the built-up area boundary of a town or village it would not meet the requirements of Policy 3 of the HDPF.

6.6 Paragraph 55 of the NPPF states that new isolated homes in the countryside should be

avoided unless there are special circumstances. Consistent with this, Policy CP15 states that any development should be appropriate to the countryside location and should contribute to sustainable farming enterprises; other countryside based enterprises, the wider rural economy and/or promote recreation or the enjoyment of the countryside. This policy also requires development to be contained within existing buildings, within an existing rural industrial estate, or result in substantial environmental improvements. Policy DC1 states that ‘outside built-up area boundaries, development will not be permitted unless it is considered essential to its countryside location and in addition meets one of the following criteria: a) supports the needs of agriculture or forestry; b) enables the extraction of minerals or the disposal of waste; c) provides for quiet informal recreational use; or, d) ensures the sustainable development of rural areas.’

6.7 The proposed development of the site for residential purposes would not constitute a

development which is essential to this countryside location, neither is it considered that the proposal would contribute to existing rural enterprises, activities or recreational opportunities. The proposal does not involve the conversion of existing rural buildings, but rather would result in the loss of these existing commercial facilities. The proposal therefore fails to accord with the NPPF and with policies CP15 and DC1.

6.8 In addition to policies CP15, DC1 and DC24, the Council has adopted the Facilitating

Appropriate Development (FAD) SPD; the aim of which is to provide the flexibility to ensure that there is sufficient housing supply during the life of the existing adopted Core Strategy. The FAD SPD sets out the requirements against which planning applications for development on greenfield and brownfield sites which adjoin defined settlement boundaries will be considered. It is limited to such areas as the proximity to existing Category 1 and Category 2 settlements is used as an indication that sites in these areas are more likely to have attributes of sustainability, such as access to community facilities, employment opportunities and means of public transport.

6.9 As the application site does not adjoin an existing settlement boundary, but rather is

located in an area classified as open countryside, where the application of the FAD SPD is not applicable, neither would it constitute a sustainable location in accordance with the aims of policy DC24 or the advice of paragraph 55 of the NPPF.

Loss of commercial site 6.10 The lawful use of the site is being claimed as a builders yard for the storage of plant,

machinery and building materials, and for the applicant to undertake therapy sessions. The existing buildings could be suitable for other rural enterprise purposes. Paragraph 28 of the NPPF, along with Policy CP15 of the Horsham District Local Development Framework Core Strategy (2007), seeks to support sustainable economic development in rural areas. In addition, Policy DC24 of the Horsham District Local Development Framework General Development Control Policies (2007) states that the ‘loss of existing commercial or agricultural uses to residential is dependent on an examination of the sustainability and suitability of the location’. Whilst this policy primarily relates to the conversion of existing

ITEM A4 - 8

rural buildings rather than their replacement, the issue of the loss of these types of buildings remains relevant to the consideration of this proposal.

6.11 The proposed development would result in the loss of existing commercial premises within

a rural location that is not well suited to residential development due to its isolated position and lack of access to facilities. As discussed above, the loss of such sites would be contrary to the advice of the NPPF and to Policy CP15.

6.12 It is not considered that the proposed removal of the existing structures across the site and

their replacement with three residential properties would lead to any significant benefit in terms of visual improvement to the surrounding area. The existing buildings, whilst one of which is sizeable, are not unduly prominent within their surroundings as the site is well screened from public views.

Highway safety 6.12 The applicant has promoted the site on the basis that the loss of the existing commercial

uses would reduce the numbers of vehicular movements coming to and going from the site would be significantly reduced. Whilst it is accepted that a reduction in traffic movements, would be likely following the cessation of the existing commercial uses, the introduction of a residential use in this location would inevitably lead to additional domestic journeys in the vicinity. Whilst the implementation of the proposed scheme would be likely to have some overall benefit in terms of highway usage, the County Highways Authority have advised that the site does not have a poor highway safety record and therefore this perceived benefit should only be afforded limited weight.

Design, scale and layout 6.13 Notwithstanding the objections to the principle of the development in this location, the

design, scale and layout of the proposed dwellings is considered to be acceptable. The dwellings are to be modest in their size, constructed in appropriate materials and generally hidden from public view as the site is well contained. Adequate car parking provision is proposed and each property will have an adequate level of private amenity space.

Contamination 6.14 The site, due to its past uses, is likely to be subject to contamination. The Council’s Public

Health and Licensing department have however advised that this element can be dealt with by the imposition of a condition requiring a scheme to deal with the risks associated with contamination of the site, including the identification and removal of asbestos containing materials, to be submitted to and agreed in writing by the Local Planning Authority.

Trees 6.15 The proposal has been designed to take account of the root protection zones of the

existing trees on the site and to use a “no-dig” construction method for the new internal road where it encroaches on the root protection areas of the trees along the northern boundary of the site. None of the trees within the site are subject of a tree preservation order.

Ecology 6.16 An ecology survey submitted with the application details that in terms of ecological value,

the existing site is considered likely to be of low value to the surrounding area. It advises that the majority of the site’s ecological value is owed to the site boundary features including the hedgerow / tree lines along the northern and western boundaries, and the

ITEM A4 - 9

piles of logs and building materials within the site. The report provides recommendations that the applicant’s ecologist advises be followed and provides appropriate measures to mitigate and compensate for the impacts of development. They recommend that these implemented to ensure that the proposed development has no significant long term, adverse impacts on local wildlife and nature conservation interests

Conclusion 6.17 In summary, the proposed development of the site for residential purposes would not

constitute a development which is essential to this countryside location, neither is it considered that the proposal would contribute to existing rural enterprises, activities or recreational opportunities. The proposal does not involve the conversion of existing rural buildings, but rather would result in the loss of these existing commercial facilities. The proposed removal of the existing structures across the site and their replacement with three residential properties would not lead to any significant benefit in terms of visual improvement to the surrounding area as the site is well screened from public views.

7. RECOMMENDATIONS 7.1 It is recommended that the application is refused for the following reasons:

1. The site lies within an unsustainable rural location outside the limits of any existing settlement and with poor access to services and facilities without the use of a private motor vehicle. In addition, the proposed development would result in the loss of a commercial site and does not constitute a use considered essential to such a countryside location. The proposal would therefore conflict with the aims of the National Planning Policy Framework, and in particular with paragraph 55, and with policies CP1, CP5 and CP15 of the Horsham District Local Development Framework Core Strategy (2007) and policy DC1 of the Horsham District Local Development Framework General Development Control Policies (2007) and Policy 3 of the Horsham Development Policy Framework (Preferred Strategy).

Background Papers: DC/15/0911

Farm

The Rookery

Mead

Pond

48.1m

46.5m

Drain

Track

Cottage

MAYDWELL AVENUE

Drain

Pond

Drain

Dr ain

LB

Gate Lodge

Mead

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/15/0911

Gate Lodge

1:2,045

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public

ITEM A5 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT: Construction of 2 semi-detached properties

SITE: 1 Railway Cottages Spring Lane Slinfold Horsham

WARD: Itchingfield, Slinfold and Warnham

APPLICATION: DC/15/0882

APPLICANT: Ms Fiona Jobling

REASON FOR INCLUSION ON THE AGENDA: Over five letters/email of objection and support

have been received RECOMMENDATION: To refuse planning permission 1. THE PURPOSE OF THIS REPORT

To consider the planning application.

1.1 DESCRIPTION OF THE APPLICATION 1.1.1 The application seeks full planning permission for the construction of a pair of semi-

detached, two storey properties on a plot formed by the sub-division of the garden of 1 Railway Cottages. The properties would provide approximately 90m² of floorspace.

1.1.2 The dwellings would comprise a kitchen, dining room, lounge and WC at ground floor level

and two bedrooms, one with an ensuite and a separate bathroom at first floor level. The new houses would be of a relatively traditional design, with white painted rendered walls and a black/blue slate roof. A number of young self-seeded trees and shrubs would be removed to accommodate the development.

1.1.3 The new plot in which the two dwellings would be sited would be approximately 14 metres

wide, with the distance from the side walls of the dwellings to the side boundaries of the plots being about 1.5 metres. The new dwellings would be set back from the front wall of 1 Railway Cottages by between 6 metres and 8 metres and would extend just under 10 metres beyond its rear way. There would be six car parking spaces provided for the three properties; two each for the proposed properties and two retained for 1 Railway Cottages.

Contact Officer: Aimee Richardson Tel: 01403 215175

ITEM A5 - 2 1.2 DESCRIPTION OF THE SITE 1.2.1 The application site is located in the village of Slinfold, some 500 metres from the built-up

area boundary. The site is accessed from Spring Lane; a mostly un-made, unlit road with no pavements. 1 Railway Cottages is one of a pair of semi-detached cottages at the end of Spring Lane, which benefits from a large garden to the rear and side. The Downs Link footpath, which follows the routes of disused railways, runs past the front of the site, and a public footpath alongside it to the east. There is a caravan and camping site to the north west of the site, accessed from Spring Lane and a business park to the south east accessed from the A29.

1.2.2 Planning permission was granted in 2013 under reference DC/12/1738 for alteration and

extension of 1 Railway Cottages including the construction of a first floor extension above the existing single storey flat roofed extension on the rear of the property.

2. INTRODUCTION 2.1 STATUTORY BACKGROUND 2.1.1 The Town and Country Planning Act 1990. 2.2 RELEVANT GOVERNMENT POLICY 2.2.1 The following sections of the National Planning Policy Framework (2012), hereinafter

referred to as the ‘Framework’, are relevant to the consideration of this application (Note: This list is not exhaustive and other paragraphs of the Framework are referred to where necessary within the contents of the report): “Achieving Sustainable Development” NPPF 6 – Delivering a wide choice of high quality homes NPPF 7 – Requiring good design

2.3 RELEVANT COUNCIL POLICY 2.3.1 Local Development Framework (Core Strategy 2007):

CP1 – Landscape and Townscape Character CP3 – Improving the Quality of New Development CP4 – Housing Provision CP5 – Built-up Areas and Previously Developed Land CP15 – Rural Strategy

2.3.2 Local Development Framework (General Development Control Policies 2007):

DC1 – Countryside Protection and Enhancement DC2 – Landscape Character DC9 – Development Principles DC40 – Transport and Access

2.3.4 Local Development Framework: Supplementary Planning Documents SPD – Facilitating Appropriate Development (2009) (FAD) 2.3.5 The emerging Horsham District Planning Framework (HDPF) was approved by Council on

30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the

ITEM A5 - 3

Government on 8th August 2014 for independent Examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The Examination of the HDPF was undertaken by an independent Planning Inspector in November 2014, and the Inspector published his Initial Findings on 19th December 2014. The Inspector considers the overall strategy of the plan to be sound as is made clear in paragraph 4 of his Initial Findings: ‘On balance, I consider the overall strategy to concentrate growth in the main settlements in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP), is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services..’

2.3.6 The Inspector suspended the Examination of the HDPF, after the initial round of Hearing sessions, for a 6 month period to allow time for the Council to show how the annual housing provision can be increased to provide for a minimum of 750 dwellings per annum (15,000 over the plan period). The representation period for the HDPF Main Modifications ran from 23rd March 2015 until 5th May 2015. Following the receipt of representations, the Inspector has decided to resume Hearings to discuss the issues raised. The Hearings will re-open on 3rd July 2015 to consider only the issues outlined in the Initial Findings. Given the Inspector’s Initial Findings, the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy.

2.4 PLANNING HISTORY

SF/14/75 Addition of lounge to rear of house.

(From old Planning History) PER

SF/31/54 Hv &lv extension

(From old Planning History) PER

SF/73/92 3 bedroomed chalet bungalow & garage

Site: 1 Spring La Slinfold REF

DC/08/0946 Demolition of existing outside wc, lean to and corridor and

erection of single storey rear extension with conservatory, single storey extension to front and first floor extension

REF

DC/12/0529 Ground floor and first floor additions and associated

internal works WDN

DC/12/1738 Ground and first floor additions and associated internal

works PER

DC/13/0269 Application to modify Section 106 Agreement number

S106/0954 to include the release of residential owners of 1 and 2 Railway Cottages from liability, miscellaneous corrections to the 2007 drafting and amendment to the car parking clause imposed in 2007 to reflect planning permission DC/10/2551

PER

DC/13/0271 Application to modify Section 106 Agreement number PER

ITEM A5 - 4

S106/0954 to include the release of residential owners of 1 and 2 Railway Cottages from liability, miscellaneous minor corrections to the 2007 drafting and amendment to the car parking clause imposed in 2007 to reflect the change in ownership and division of the location site

DC/14/1092 Proposed pair of 2-bedroom semi-detached cottages to the

east of 1 Railway Cottages WDN

DC/14/2621 New detached 2 bedroom dwelling to East of 1 Railway

Cottage REF

3. OUTCOME OF CONSULTATIONS 3.1 Where consultation responses have been summarised, it should be noted that Officers

have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk.

3.2 INTERNAL CONSULTATIONS 3.2.1 Technical Services – Drainage

Although this department has no known record of any flooding issues in this area, the submitted ‘Addendum to Design & Access Statement’ makes reference to culverting existing watercourse and rainwater harvesting systems. Therefore you might want to consider imposing foul & surface water drainage conditions on this application if permitted. It should also be noted that any ‘culverting’ of an existing watercourse will require ‘Ordinary Watercourse Consent’.

3.3 OUTSIDE AGENCIES 3.3.1 Health and Safety Executive HSE does not advise, on safety grounds, against the granting of planning permission in this

case 3.3.2 WSCC – Highways

The application seeks approval for the construction of 2 x 3 bedroom semi-detached dwellings on land to the east of two existing semi-detached properties. The site is situated to the southern point of Spring Lane, a class ‘D’ rural no-through road. This area of Spring Lane serves just two existing dwellings and therefore traffic movement in the area will be minimal. It is considered the additional 2 dwellings will not severely impact or significantly increase vehicular activity on Spring Lane compared to what currently exists. The site offers a frontage for a parking area, showing space for 5 vehicles, combined with no.1 Railway Cottages. Having checked WSCC’s car parking demand calculator, a provision of 2 spaces per dwelling is recommended (4 spaces overall) for the new dwellings. Therefore the sites parking provision falls slightly short for the expected number of vehicles for 2 x 3 bedroom dwellings in this area. However, this would not amount to a highway safety issue. It is therefore considered no concerns wished to be raised to this application from a highway perspective.

3.3.3 WSCC – Countryside Ranger

West Sussex County Council owns and manages The Downs Link Bridleway across which residents would have to gain access to the proposed properties. Downs link is a promoted

ITEM A5 - 5

route and is very well used by horse riders cyclists and pedestrians often with children or dogs. The County Council also owns and manages a small carpark in this area which has room for approximately 6 cars this is provided for users of Downs link and can at times be very busy. There will be an increase of cars crossing the bridleway to gain access to the new properties, in addition to the residents, visitors delivery drivers etc. This must be considered which could be a significant increase, perhaps doubling the current amount of crossings therefore doubling the risk to users of the route. They are also concerned that the car parking spaces currently available for users of Downs link will become overflow parking for the new properties, particularly at weekends when it is most likely all residents will be at home, this is also the time when the car park is most used by others. The land owned by WSCC must not be considered suitable additional parking for these properties.

3.3.4 Southern Water

Recommends a condition requiring the applicant to contact Southern Water as a formal application for connection to the public sewerage system is required. No surface water sewers in the area to service the development therefore an alternative means of draining surface water from the site is required. This should not involve disposal to a public foul sewer.

3.4 PARISH COUNCIL

At the Parish Council meeting on 21st May, members resolved to object to DC/15/0882 for the following reasons:

1) the proximity of an oak tree; 2) additional traffic crossing the Downs Link (a pedestrian and cycle route); 3) urbanisation of a rural area, an area of special character; and 4) the potential for lack of parking.

3.5 PUBLIC CONSULTATIONS 11 letters/emails of objection have been received which can be summarised as:

• Very close to the bridleway on the Downs Link • Concerns about the increase in traffic crossing the bridleway • Dangerous to humans and animals • Inadequate amount of car parking – four spaces per property should be available • Loss of trees • Overbearing impact on the permissive path to the eastern boundary of the site • Increased feeling of urbanisation • Over-development of the area • Further light pollution in the area • Will create the appearance of a barrier from the west when viewed form the

attached property • Existing flooding/drainage issues will be exacerbated • The need for dwellings in the village has already been met by the approved of 23

dwellings at Hayes Lane

7 letters/emails of support have been received which can be summarised as: • The site has good access • Two small properties are required for local open market purchasers • no impact on the nearby Downs Link green corridor • not overlook other windows or gardens • minimal impact given their tranquil setting • The design matches the existing Victorian cottages

ITEM A5 - 6

• nicely staggered back from the existing cottages • Easy access to the village

4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS

Principle of development 6.1 The main considerations for this application are the principle of the proposed residential

development in this location, the design and impact on the character of the area, the impact on the privacy and amenity of the occupiers of the adjoining property and the impact on the trees within the site.

6.2 The National Planning Policy Framework (NPPF) sets out that there is a presumption in favour of sustainable development and that this should run through both plan-making and decision-taking. In terms of the determination of planning applications this should mean the approval of developments that accord with the development plan without delay, and that where the development plan is silent or relevant policies are out of date, that permission be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or policies of the NPPF indicate otherwise.

6.3 Paragraph 55 of the NPPF states “Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as the essential need for a rural worker to live permanently at or near their place of work in the countryside.”

6.4 Policy DC1 of the General Development Control Policies 2007 seeks to protect the open countryside from inappropriate development. Its states that “outside built-up area boundaries, development will not be permitted unless it is considered essential to its countryside location and in addition meets one of the following criteria: a) supports the needs of agriculture or forestry; b) enables the extraction of minerals or the disposal of waste; c) provides for quiet informal recreational use; or, d) ensures the sustainable development of rural areas.”

6.5 The application site is located some distance away from the defined built-up area boundary

of Slinfold; a category two settlement as defined in the Core Strategy. Policy DC1 of the General Development Control Policies document is quite clear in its resistance to such development and the proposal does not meet any of the policy’s exceptional criteria. Paragraph 55 of the NPPF is also clear in its resistance to residential development in the countryside and again, the proposal does not meet any of the exceptional circumstances set out in paragraph 55.

6.6 Whilst it is acknowledged that the District currently does not have a 5 year supply of housing land, the proposed Horsham District Planning Framework (HDPF) looks to allocate and identify suitable and sufficient land to meet the objectively assessed housing needs of the District over the plan period to 2031. Although not yet adopted, the HDPF Proposed

ITEM A5 - 7

Submission was submitted to the Planning Inspectorate in August 2014 and subject to Examination by the appointed Inspector during November 2014. The Inspector then subsequently published his Initial Findings in December 2014. The Inspector’s Initial Findings show that he considers the overall development strategy of the HDPF Proposed Submission to be sound. This strategy uses an approach of concentrating growth in the main settlements of the District (as identified by the settlement hierarchy), rather than the alternative of a greater dispersal of development around the District, which he considered would be less sustainable. The site lies outside of the built-up area boundary of Slinfold which is defined as a ‘Medium Village’ in the HDPF; a settlement that has a moderate level of services and facilities and community networks, together with some access to public transport. As the site is outside of the built-up area boundary of a town or village it would not meet the requirements of Policy 3 of the HDPF.

6.6 The Facilitating Appropriate Development (FAD) SPD was adopted in May 2009 as a means of ensuring that sufficient housing supply was provided during the period of the Core Strategy through enabling a more flexible approach to the consideration of proposal on sites which adjoin defined settlement boundaries. The development of 23 dwellings referred to by an objector (DC/13/2042) was approved as that site adjoins the built-up area boundary and the ‘more flexible approach’ to residential development in such circumstance was applied. As the application site does not physically adjoin the built-up area boundary, the flexibility offered by the FAD SPD cannot be applied here.

Design of proposal and impact on privacy and amenity of neighbours

6.7 In terms of the detailed design, scale, height and bulk, the proposed new houses would be

similar to the adjoining pair of cottage. However, due to the way the plot has been formed, the new houses would be set at an angle to and back from the existing cottage, creating an awkward and uncomfortable relationship with them. Furthermore, being so close to the boundaries, the new houses would appear cramped and restricted, out of character and detrimental to the visual amenity of the area. This would be heightened by the fact that the site and the adjoining dwellings form a visual stop at the end of Spring Lane. Whilst the Council’s document ‘Design Guidance Advice Leaflet No.1: House Extension’ relates to house extension, it sets out the 45 degree code which is used to assess whether a proposal will have an overbearing impact on adjoin occupiers. It is not considered that the proposal for the two dwellings to the side of 1 Railway Cottages will comply with the 45 degree code and would have an adverse and overbearing impact on the occupiers of 1 Railway Cottages. In addition, extant planning permission exists for the construction a first floor extension to the rear of the property. If this is built, it is considered that the proposal could have an overbearing impact on the occupiers of the proposed dwellings.

6.8 There would be no direct overlooking from the new dwellings as there are no windows in the first floor west elevation. Whilst there are first floor windows within the rear elevation of the properties, these windows would face the rear gardens of the proposed houses and any overlooking of the adjoining gardens would be no worse than currently experienced between 1 and 2 Railway Cottages. It is not therefore considered that a reason for refusal on this ground could be justified. However, the close proximity of the new dwellings to the boundary with 1 Railway Cottages and the fact that they are sited beyond its rear wall would lead to an unacceptable sense of enclosure and result in an overbearing impact.

Other considerations

6.9 None of the trees within the application site are propertied and those that would be required

to be removed are considered to be of little amenity value. Any trees to be retained on the site and that could be affected by the development are to be protected from damage by the applicant. The comments about traffic generation and car parking provision are noted, as are the comments of WSCC’s Countryside Ranger. No objection has been raised by the

ITEM A5 - 8

Local Highway Authority and the proposed car parking provision of two spaces per property is considered to the satisfactory. No objections have been raised to the application by Southern Water or the Council’s Technical Services department in respect of the drainage of the site.

7. RECOMMENDATIONS 7.1.1 The application is recommended for refusal for the following reasons:

1) The application site is located outside of the established built-up boundary of Slinfold. In the absence of any exceptional circumstances that would justify new residential development in such a location, the proposed development is within an unsustainable location and thus contrary in particular to policy DC1 of the Horsham District Council Local Development Framework: General Development Control Policies (2007), Policy 3 of the Horsham District Planning Framework (Preferred Strategy) and paragraph 55 of the National Planning Policy Framework.

2) Having regard to the siting of the dwellings and their relationship with site boundaries. it is considered that the proposal represents a contrived, cramped overdevelopment of the site which would be detrimental to the amenities of the occupiers of the neighbouring dwellings to the west by way of sense of enclosure and overbearing impact, contrary in particular with policies CP3 of the Horsham District Local Development Framework Core Strategy (2007), DC9 of the Horsham District Council Local Development Framework: General Development Control Policies (2007) and design principles of section 7 of the National Planning Policy Framework.

Background Papers: DC/15/0882

El

2 1

The Business Park

Drain

Mast

Path (um)

Caravan Site

Rosewarne

Suncote House

Railway Cottages

MAYDWELL AVENUE

Park

Drain

Sub Sta

The Business

Track

Track

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Path (u

m)

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/15/0882

1 Railway Cottages

1:2,045

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public

ITEM A6 - 1

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 21st July 2015

DEVELOPMENT: Demolition of existing stables and construction of two detached residential dwellings with associated access, landscaping and garages

SITE: Ghyll House Farm Broadwater Lane Copsale West Sussex

WARD: Nuthurst

APPLICATION: DC/14/2234

APPLICANT: Mr Alan Burgess

REASON FOR INCLUSION ON THE AGENDA: To update Members following changes to

legislation since the resolution of the Committee at its meeting on 6 January 2015

RECOMMENDATION: It is recommended that planning permission be delegated for approval to

the Development Manager subject to securing a S106 legal agreement and appropriate conditions

1. INTRODUCTION

1.1 On 22 November 2012, the Development Management Committee resolved to grant

planning permission under references DC/12/0778 and DC/12/1516 for the demolition of former agricultural buildings and the erection of 4 x 5 bedroom houses with associated access and parking and the conversion of the redundant stable buildings to residential use for 3 dwellings. Since the approval of these applications, there have been a number of amendments to the design of the new build dwellings and their associated garages.

1.2 At its meeting on 6 January 2015, Members of the Development Control (North) Committee

considered application DC/14/2234. Officers advised that considering the history of the site and that given the previous decisions of the Council to approve residential development on the wider site, the proposed demolition of the stable buildings and the construction of two detached dwellings can on balance be supported.

1.3 Members at this meeting concluded that the proposal to demolish the stables buildings on

the site and their replacement with two new dwellings was acceptable in principle. They resolved (i) that a Deed of Variation of the original legal agreement, required under DC/12/0778 and DC/12/1516 be secured, and (ii) that on completion of (i) application DC/14/2234 be determined by the Development Manager. The Deed of Variation would seek to secure appropriate infrastructure contributions from the development.

Contact Officer: Aimee Richardson Tel: 01403 215175

ITEM A6 - 2 1.4 Since this meeting, discussions have been undertaken with the Council’s legal department

as to the requirements of a Deed of Variation. On 28 November 2014 a written statement was made by The Minister of State for Housing and Planning (Brandon Lewis) on support for small scale developers, custom and self-builders. This statement made changes to national policy with regard to Section 106 planning obligations including seeking developer contributions on small scale developers for sites of 10-units or mess, and which have a maximum combined gross floor space of 1,000 square metres.

1.5 Given this change in National policy, contributions cannot be sought from the applicant for

the two dwellings the subject of this application. Contributions can still be sought from the dwellings proposed on the adjacent site and from this site if the developer decides to implement the permission that they have for the conversion of the stable buildings to three dwellings. The Deed of Variation would therefore seek to ensure that the Council can collect contributions from the adjacent site which was granted permission prior to the changes to national policy being implemented and restricting the applicant to carrying out either the scheme previously approved for this site (for which the Council could collect contributions) or the one the subject of this application (which the Council couldn’t collect contributions from as it post-dates the changes to national policy).

2. CONCLUSION

It is recommended that planning permission is delegated for approval to the Development Manager subject to securing a Deed of Variation of the original legal agreement required under DC/12/0778 and DC/12/1516 to take account of amendments made to the scheme since its approval and to relieve the applicant of their obligation to pay contributions on this site (in accordance with national policy) and subject to conditions as outlined in the Officer report considered by Members at their meeting on 6 January 2015.

Background Papers: Officer report for DC/14/2234 considered by Members at their meeting on 6 January 2015

ITEM A6 - 3

DEVELOPMENT MANAGEMENT REPORT

TO: Development Management Committee

BY: Development Manager

DATE: 6 January 2015

DEVELOPMENT: Demolition of existing stables and construction of two detached residential dwellings with associated access, landscaping and garages

SITE: Ghyll House Farm Broadwater Lane Copsale West Sussex

WARD: Nuthurst

APPLICATION: DC/14/2234

APPLICANT: Mr Alan Burgess

REASON FOR INCLUSION ON THE AGENDA: The application is a departure from the

Development Plan RECOMMENDATION: It is recommended that planning permission be delegated for approval to

the Development Manager subject to securing a S106 legal agreement and appropriate conditions

1. THE PURPOSE OF THIS REPORT

To consider the planning application.

1.1 DESCRIPTION OF THE APPLICATION 1.1.1 The application seeks full planning permission for the demolition of the two existing stable

buildings on the site and the construction of two detached dwellings and detached double garages.

1.1.2 The two new build dwellings will measure 15.2 metres in width by 11.2 metres in depth (at

their widest and longest points) and will be 9.2 metres to ridge height. They will be constructed from facing brick and render and will have a clay tile roof. The two properties proposed are almost identical; albeit handed, with the exception of having different porch/entrance features.

1.1.3 The garages will measure 10.6 metres in width by 6.9 metres and will be 5 metres to ridge

height. They will be constructed from a timber frame, infilled with timber boarding on a brick plinth, and will have a clay tile roof. Within the garage will be secure covered cycle storage.

1.1.4 An extension to the private access granted consent associated with the four dwellings

approved under application DC/14/0778 is proposed. A new native hedgerow made up of

ITEM A6 - 4

Hazel, Dogwood, Hawthorn, Holly and Blackthorn is proposed along the southern and eastern boundaries of the site, along with a low maintenance wild flower meadow along the southern, eastern and western boundaries of the site.

1.2 DESCRIPTION OF THE SITE 1.2.1 The land lies outside any defined built-up area and vehicular access is obtained from

Broadwater Lane, a 'C' classified road, having the characteristics of a country lane. The buildings within the "farmyard" area have all previously been in use (prior to the current applicant's ownership of the site) for non-agricultural commercial purposes including such uses as car repairs etc. without the benefit of planning permission or a Certificate of Lawful Development.

1.2.2 The former stable buildings (previously used as offices etc.) are single storey brick built

structures under tiled roofs. The remaining former agricultural buildings on the site are mainly portal framed structures clad in various forms of corrugated sheeting.

1.2.3 Immediately to the west and south of the farmyard area lie three existing residential

dwellings, the substantial Ghyll Farm House and the smaller dwellings 1 and 2 The Paddocks. It is understood these properties were formerly in the same ownership as Ghyll House Farm and surrounding land, but the current application site and surrounding land were sold away when the current applicant purchased much of the remaining land and farmyard buildings associated with Ghyll House Farm.

1.2.4 The immediate vicinity of the site consists of agricultural land and woodland. A public

footpath runs east-west to the south of the former "farmyard". Land to the north of the farmyard falls within the area of the Garden of Historic Interest associated with Sedgwick Park. The wider area is characterised by undulating agricultural land interspersed with field boundaries and woodland, containing sporadic residential development served by the lanes which provide vehicular access in the immediate vicinity of the site.

2. INTRODUCTION 2.1 STATUTORY BACKGROUND 2.1.1 The Town and Country Planning Act 1990. 2.2 RELEVANT GOVERNMENT POLICY 2.2.1 The following sections of the National Planning Policy Framework (2012), hereinafter

referred to as the ‘Framework’, are relevant to the consideration of this application (Note: This list is not exhaustive and other paragraphs of the Framework are referred to where necessary within the contents of the report): “Achieving Sustainable Development” NPPF 6 – Delivering a wide choice of high quality homes NPPF 4 - Promoting sustainable transport NPPF 7 - Requiring good design

2.2.2 Planning Practice Guidance (2014).

The sections of the PPG on Design are considered to be particularly pertinent to the consideration of this application.

2.3 RELEVANT COUNCIL POLICY

ITEM A6 - 5 2.3.1 Local Development Framework (Core Strategy 2007):

CP1 - Landscape and Townscape Character CP2 – Environmental Quality CP3 - Improving the Quality of New Development CP8 – Small Scale ‘Greenfield’ Sites CP12 – Meeting Housing Needs CP13 – Infrastructure Requirements CP15 – Rural Strategy CP19 – Management Travel Demand and Widening Choice of Transport

2.3.2 Local Development Framework (General Development Control Policies 2007):

DC1 – Countryside Protection and Enhancement DC2 – Landscape Character DC8 – Renewable Energy and Climate Change DC9 - Development Principles DC18 – Smaller Homes/Housing Mix DC40 - Transport and Access

2.3.3 The emerging Horsham District Planning Framework (HDPF) was approved by Council on

30th April 2014 as the Council’s policy for planning the future of the District for the period 2011-2031. Following a six week period of representations, the plan was submitted to the Government on 8th August 2014 for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012. The examination of the HDPF was undertaken by an independent Planning Inspector in November 2014. The Inspector published his preliminary findings in a letter dated 19 December 2014. The basic strategy is accepted as is made clear in para 4:

‘On balance, I consider the overall strategy to concentrate growth in the main settlements

in the hierarchy, starting with Horsham as a first order centre, followed by Southwater and Billingshurst, to be sound. The proposal for some development in villages, in accordance with Neighbourhood Plans (NP)s, is also justified and accords with government policy in the National Planning Policy Framework (NPPF). As will be explained in some more depth in my final report, the alternative strategy of greater dispersal to smaller settlements would be likely to lead to a less sustainable pattern of development with regard to transport patterns related to provision of employment opportunities, retail facilities and social and community services.’

There is a requirement to revisit the housing figures and the Inquiry will re-open in 6

months’ time to allow time for the Council to show how the annual housing provision can be increased to provide for a minimum of 750 dwellings per annum. It is important to note that the inquiry will re-open to consider this one issue only. Given the Inspector’s findings the emerging plan is therefore a material consideration of considerable weight in terms of the overall strategy.

2.4 PLANNING HISTORY

2.4.1 On 22 November 2012, the Development Management Committee resolved to grant

planning permission under references DC/12/0778 and DC/12/1516 for the demolition of former agricultural buildings and the erection of 4 x 5 bedroom houses with associated access and parking and the conversion of the redundant stable buildings to residential use for 3 dwellings.

ITEM A6 - 6 2.4.2 Since the approval of these applications, there have been a number of amendments to the

design of the new build dwellings and their associated garages.

3. OUTCOME OF CONSULTATIONS 3.1 Where consultation responses have been summarised, it should be noted that Officers

have had consideration of the full comments received, which are available to view on the public file at www.horsham.gov.uk.

3.2 INTERNAL CONSULTATIONS Drainage No comments

Environmental Health Although there are no objections in principle to this application, there are concerns with regard to risks from contamination to future occupiers and therefore conditions are recommended to be imposed. It is also recommended that conditions relating to the times that construction work can take place, the requirement for waste to be removed by a licensed contractor and restricting the open burning of waste or other materials on the site are imposed.

3.3 OUTSIDE AGENCIES 3.3.1 West Sussex County Council - Ecologist

No ecological objections, subject to a condition requiring the development to be carried out in full accordance with the recommended measures set out in the protected species survey report. Whilst the proposal will involve a small loss of Great Crested Newt terrestrial habitat, subject to the implementation of the proposed mitigation measures and a further European Protected Species licence application to Natural England, as recommended in the above report, the three tests of The Conservation of Habitats and Species Regulations 2010 will be met.

3.3.2 West Sussex County Council - Highways

In principle there has already been the precedent set for residential development at the site. The latest application of 2 x 4 bed dwellings would be considered less intensive in highway terms than the existing extant consent on the site for 3 dwellings. Therefore there would not be any grounds to object to the principle of this development on highway safety or capacity. Whilst the internal access arrangements between this application and DC/12/1516 differ, the access onto the maintained highway network remains consistent. The proposed dwellings under this application will be accessed through the extant scheme DC/14/1176. From inspection of the proposed site plan each dwelling is provided with an appropriate vehicle parking and turning facility.

ITEM A6 - 7

Taking into consideration the previous history of this site no anticipated highway safety or capacity concerns would be raised to this development. If the LPA are minded to grant planning consent, conditions relating to providing cycle parking and having acceptable vehicle parking and turning available prior to occupation of the dwellings should be attached.

3.3.3 Environment Agency No comments to make. 3.3.4 Southern Water

The Environment Agency should be consulted directly regarding the use of a packaged treatment works which disposes of effluent to sub-soil irrigation. The owner of the premises will need to empty and maintain the works to ensure its long term effectiveness. The application details for this development indicate that the proposed means of surface water drainage for the site is via a watercourse. The Council’s technical staff and the relevant authority for land drainage consent should comment on the adequacy of the proposals to discharge surface water to the local watercourse.

3.3.5 Nuthurst Parish Council

No objection to this application with the condition that there is no further development on the site.

3.4 PUBLIC CONSULTATIONS 3.4.1 No letters or emails of comment have been received. 4. HOW THE PROPOSED COURSE OF ACTION WILL PROMOTE HUMAN RIGHTS 4.1 Article 8 (Right to respect of a Private and Family Life) and Article 1 of the First Protocol

(Protection of Property) of the Human Rights Act 1998 are relevant to this application, Consideration of Human rights forms part of the planning assessment below.

5. HOW THE PROPOSAL WILL HELP TO REDUCE CRIME AND DISORDER 5.1 It is not considered that the development would be likely to have any significant impact on

crime and disorder. 6. PLANNING ASSESSMENTS 6.1 The site lies outside any defined built-up area and is therefore subject to the countryside

protection policies of the Local Development Framework. Policy DC1 of the General Development Control Policies Document states that in the countryside, development will normally be restricted to that which is essential to the needs of agriculture, forestry, the extraction of minerals, the disposal of waste or quiet informal recreational use. It is therefore considered that the proposal for new residential development in the countryside, and in particular the demolition of existing buildings and the erection of two new detached dwellings, unrelated to the essential needs of agriculture or the countryside, would be

ITEM A6 - 8

contrary to these policies unless there is an exceptional material justification which would support a decision otherwise than in accordance with the Development Plan.

6.2 On 22 November 2012, the Council granted consent under reference DC/12/0778 for the

demolition of a number of agricultural buildings on the site and the construction of four 5 bedroomed houses and under reference DC/12/1516 the conversion of the stable buildings on the site to three dwellings. Whilst this decision was contrary to the general thrust of Government guidance and Council policies aimed at protecting the open countryside from inappropriate development, the history of the site demonstrated that there was considerable concern regarding potential commercial use of the buildings in light of possible increases in traffic generation associated with such commercial uses and in particular having regard to the nature of the surrounding road network. The Council considered that in light of uses to which the site could be put, the approval of residential development on the site would be less harmful than that generated either by an intensive agricultural use of the site and buildings or the intensive commercial use of the site. The applicant also acquired additional land adjacent to the access and junction with Broadwater Lane, permitting improvements at the junction and sight lines at the junction. It was considered the previous proposal would generate less and different types of vehicle movements than those associated with either intensive agricultural or commercial uses of the site.

6.3 Information has been submitted by the Applicant’s Agent providing justification as to why

the conversion of the stable buildings is no longer proposed. They have provided a number of reasons which are detailed below: • Two new build dwellings would sit better in design terms with the remainder of the

development approved for the wider site following the plot pattern of the earlier approved development;

• The existing buildings are of no architectural merit and the configuration of the buildings would not lend themselves well to conversion for residential development;

• New-build residential dwellings would provide a better quality of living for future residents than the converted stable buildings. They would be built to more modern standards using up-to-date building techniques allowing for a more sustainable development and the ability to provide Lifetime Homes compliant dwellings;

• Each dwelling would be set on a separate landscaped plot set away from the public right of way to the south, and away from the access;

• The bespoke designs of the new build units make the most of the views out and across the surrounding area;

• The spaces between buildings have been opened up and overlooking between plots reduced;

• The two new dwellings are located off an extension of the wider approved access serving the 4 original plots, which means a reduction in hard landscaping and impact on the environment;

• Each dwelling is designed in an appropriate local traditional vernacular with bricks, render, clay tile hanging and roof tiles;

• The drainage is to be shared between all houses on the 6 plots. The extension of the existing access allows for a reduction in impact of the system; and

• The existing buildings are in a state of disrepair and their refurbishment would be costly and reduce the viability of the scheme. Information submitted estimates that the renovation/conversion costs will be in the region of £2,570m² versus new build costs of £1,900m². The renovation costs exclude any contingency for unknown risks that may be present as works proceed. The applicant has therefore been advised that it would not be financially viable to retain the stable block for conversion to residential use.

6.4 The demolition of existing, attractive buildings in the open countryside and their

replacement with new build houses would not normally be permitted and financial viability

ITEM A6 - 9

is not a material planning consideration. However given the history of the site and the previous permissions that exist for the demolition of the other buildings and their replacement with housing and the case put forward on behalf of the applicant to justify the demolition of the stable buildings, it is not considered that the current proposal is unacceptable. The buildings, although attractive and reflective of the rural character of the area, they are unlisted and the site is not within a Conservation Area or an Area of Outstanding Natural Beauty.

6.5 Whilst the proposed dwellings are substantially larger in scale than the existing stable buildings on the site, they are a similar scale to the four dwellings granted consent on the site to the immediate north. With regard to the design of the proposed dwellings, it is considered that in itself they would be appropriate for their proposed location in terms of design and material etc given the dwellings already approved on the wider site. Due to the site's rural location and distance to neighbouring properties it is considered that the proposed dwellings would not have an adverse impact on surrounding properties with regard to overlooking or loss of privacy. It would be necessary to give further detailed consideration to matters such as surface water drainage, potential contamination investigation and remediation by way of condition. Appropriate infrastructure contributions could be obtained through a legal agreement.

6.6 In light of the proposal's residential nature in an area subject to restrictive countryside and

sustainability policies it is considered appropriate to treat the proposal as a departure from the Development Plan should Members agree the recommendation.

6.7 In conclusion, it is considered that given the previous decisions of the Council to approve

residential development on the wider site, the proposed demolition of these buildings and the construction of two detached dwellings can on balance be supported in this instance.

7. RECOMMENDATIONS

It is recommended that planning permission is delegated for approval to the Development Manager subject to securing a S106 legal agreement securing appropriate contributions advertisement of the proposal as a departure from the Development Plan and the following conditions: 1. The development hereby permitted shall be begun 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. Before development commences a landscape management plan, including long term

design objectives, management responsibility and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved. Reason: To ensure a satisfactory development and in the interests of amenity and nature conservation in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

3. The cycle parking facilities to be provided in the garages shall be retained solely for

that purpose.

ITEM A6 - 10

Reason: To ensure that there is adequate provision for the parking of cycles in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

4. No external lighting or floodlighting shall be installed without the prior written approval

of the Local Planning Authority. Any that is installed with the permission of the Local Planning Authority shall be maintained in accordance with the approved details. Reason: In the interests of the amenities of the locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 1995 or Orders amending or revoking and re-enacting the same, no gate, fence, wall or other means of enclosure shall be erected or constructed adjacent to a vehicular access unless prior written permission has been granted by the Local Planning Authority (pursuant to an application for the purpose). Reason: In order to safeguard the character and visual amenities of the locality and/or highway safety and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

6. No development shall take place until details of screen walls and/or fences have been

submitted to and approved in writing by the Local Planning Authority and no dwellings/buildings shall be occupied until such screen walls and/or fences associated with them have been erected. Thereafter the screen walls and/or fences shall be retained as approved and maintained in accordance with the approved details. Reason: In the interests of amenity in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

7. The buildings hereby approved shall not be occupied until the parking turning and access facilities have been provided in accordance with the plans hereby approved (or in accordance with plans submitted to and approved in writing by the Local Planning Authority) and the parking turning and access facilities shall thereafter be retained solely for that purpose [and solely in connection with the development].

Reason: To ensure adequate parking, turning and access facilities are available to serve the development in accordance with policy DC40 of the Horsham District Local Development Framework: General Development Control Policies (2007).

8. The dwellings hereby permitted shall not be occupied unless and until provision for the

storage of refuse/recycling bins has been made within the site, including adjacent to the access junction with Broadwater Lane, in accordance with details to be submitted to and approved in writing by the local planning authority.

Reason: To ensure the adequate provision of recycling facilities in accordance with policy CP2 of the Horsham District Local Development Framework: Core Strategy (2007).

9. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General

Permitted Development) (Amendment) (No2) (England) Order 2008 (or any order amending or revoking and re-enacting that Order with or without modification) no development falling within Classes A, B, C and E of Part 1 of Schedule 2 to the order shall be erected constructed or placed within the curtilage(s) of the dwelling(s) hereby permitted so as to enlarge improve or otherwise alter the appearance or setting of the

ITEM A6 - 11

dwelling(s) unless permission is granted by the Local Planning Authority pursuant to an application for the purpose. Reason: In the interest of visual amenity and in accordance with Policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

10. No development shall be commenced unless and until a schedule of materials and

samples of such materials and finishes and colours to be used for external walls and roofs of the proposed building(s) have been submitted to and approved by the Local Planning Authority in writing and all materials used shall conform to those approved.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity by endeavouring to achieve a building of visual quality in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

11. No work for the implementation of the development hereby permitted shall be

undertaken on the site except between 08.00 hours and 18.00 hours on Mondays to Fridays inclusive and 08.00 hours and 13.00 hours on Saturdays, and no work shall be undertaken on Sundays, Bank and Public Holidays unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

12. No burning of materials shall take place on the site.

Reason: In the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

13. All existing buildings on the application site at the date of this permission shall be

demolished. The site shall be cleared; debris removed from the site unless otherwise agreed in writing with the Local Planning Authority, before any other works any other works for the implementation of the development hereby permitted commence.

Reason: In the interests of the amenities of the locality and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

14. Before development commences precise details of the finished floor levels of the

development in relation to a nearby datum point shall be submitted to and approved by the Local Planning Authority in writing. The development shall be completed in accordance with the approved details.

Reason: To control the development in detail in the interests of amenity and in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

16. The development shall be carried out in full accordance with the recommended

measures set out in the Protected Species Survey Report by SLR, ref 406.04999.00001, dated October 2014.

Reason: to conserve and enhance local biodiversity, in accordance with the para 118 of the NPPF.

ITEM A6 - 12

17. Prior to the commencement of development approved by this planning permission (or

such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination, including asbestos contamination, of the site shall each be submitted to and approved, in writing, by the local planning authority:

a) A preliminary risk assessment which has identified:

• all previous uses • potential contaminants associated with those uses • a conceptual model of the site indicating sources, pathways and receptors • potentially unacceptable risks arising from contamination at the site.

b) A site investigation scheme, based on (a) to provide information for a detailed

assessment of the risk to all receptors that may be affected, including those off site. c) The site investigation results and the detailed risk assessment (c) and, based on

these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d) A verification plan providing details of the data that will be collected in order to

demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. Reason: To ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works.

18. If, during development, contamination not previously identified is found to be present at

the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To ensure that no unacceptable risks are caused to humans, controlled waters or the wider environment during and following the development works.

19. Development shall not begin until a surface water drainage scheme for the site, based

on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority (LPA) The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these in accordance with the principles of Planning Policy Statement 25 – “Development and Flood Risk” (PPS25), PPS9 -“Biodiversity and Geological Conservation”, Policies NRM2 – “Water Quality” and NRM4 – “Sustainable Flood Risk Management” of the South East Plan

ITEM A6 - 13

and DC7 of Horsham District Local Development Framework: General Development Control Policies (2007).

20. Prior to the commencement of development details of all underground trenching

requirements for services, including the positions of soakaways, service ducts, foul, grey and storm water systems and all other underground service facilities, and required ground excavations there for, shall be submitted to and approved by the Local Planning Authority in writing. These details shall demonstrate effective coordination with the landscape scheme submitted pursuant to condition 2, and with existing planting/trees on the site. All such underground services shall be installed in accordance with the approved details.

Reason: To protect roots of important trees and hedgerows on the site in accordance with policy DC9 of the Horsham District Local Development Framework: General Development Control Policies (2007).

A. The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule below.

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

Note to Applicant The applicant is strongly recommended to use a qualified landscape architect to prepare the detailed hard and soft landscape design details. Note to Applicant Substantial woodland/woodland edge structure planting, informal tree groups and wildflower seeding will be expected as part of the submitted detailed landscape scheme.

Background Papers: DC/14/2180 DC/14/1384

Contact Officer: Aimee Richardson

FB

Ghyll House Farm

Pond

Tra

ck

The G

ill

The Paddocks

Path (um)

Pond

Pond

Pond

Drain

Path (um)

Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2012.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

Scale:

DC/14/2234

Ghyll House Farm

1:2,045

Organisation

Department

Comments

Date

MSA Number

Not Set

Horsham District Council

08/07/2015

100023865

For Business use only - not for distribution to the general public