ITEM REFERENCE LOCATION PAGE. 1 DM/16/3651 Phoenix House, Lingfield Road, East Grinstead, West Sussex, RH19 2EU

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1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 2 FEB 2017 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 1 DM/16/3651 Phoenix House, Lingfield Road, East Grinstead, West Sussex, RH19 2EU 2 2 DM/16/4516 Kings Head Stud, London Road, Albourne, West Sussex, BN6 9BW 40 3 DM/16/4861 Filberts, Albourne Road, Hurstpierpoint, Hassocks, West Sussex, BN6 9ES 68 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE None N/A PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE None N/A 1

2 MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 2 FEB 2017 PART I RECOMMENDED FOR APPROVAL East Grinstead 1. DM/16/3651 Crown Copyright and database rights 2015 Ordnance Survey PHOENIX HOUSE LINGFIELD ROAD EAST GRINSTEAD WEST SUSSEX OUTLINE APPLICATION WITH ALL MATTERS RESERVED FOR THE PROPOSED RE-DEVELOPMENT OF THE PREMISES TO PROVIDE; 6NO TWO BEDROOM DWELLINGS; 2NO THREE BEDROOM DWELLINGS AND 3NO TWO BEDROOM FLATS OVER THE RETAINED SHOP UNIT WITH ASSOCIATED WORKS. MR BARRY DYER GRID REF: EAST NORTH

3 POLICY: Ashdown Forest SPA/SAC / Built Up Areas / Classified Roads - 20m buffer / Aerodrome Safeguarding (CAA) / Aerodrome Safeguarding (CAA) / Sewer Line (Southern Water) / ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 11th January 2017 WARD MEMBERS: Cllr Margaret Belsey / Cllr Norman Webster / CASE OFFICER: Mr Stuart Malcolm PURPOSE OF REPORT To consider the recommendation of the Head of Economic Promotion and Planning on the application for planning permission as detailed above. EXECUTIVE SUMMARY This application seeks outline consent with all matters reserved for the proposed redevelopment of the premises to provide; 6no two bedroom dwellings; 2no three bedroom dwellings and 3no two bedroom flats over the retained shop unit with associated works at Phoenix House, Lingfield Road, East Grinstead. Planning legislation requires the application to be determined in accordance with the Development Plan unless material circumstances indicate otherwise. As the proposed scheme does not comply with certain aspects of the Development Plan, other material considerations need to be considered in determining the application, including the NPPF. As the Council is unable to currently demonstrate a five year supply of deliverable housing land, it follows that the relevant policies for the supply of housing are not upto-date (paragraph 49 National Planning Policy Framework (NPPF). In these circumstances paragraph 14 of the NPPF provides for a presumption in favour of sustainable development which means that planning permission should be granted unless any adverse effects of doing so would significantly and demonstrably outweigh the benefits, or specific polices in the NPPF indicate that development should be restricted. This is therefore the balancing exercise that must be undertaken by the decision maker. Weighing in favour of the scheme is that the development will provide 11 residential units at a time where there is a shortfall in housing supply and this should be given substantial weight. It should also be considered that this proposal provides additional residential units on a sustainably located brownfield site. 3

4 Weighing against the scheme is that the overall amount of business floorspace will be reduced although the impact of this is lessened by the location in a residential area. There will be a neutral impact in respect of a number of issues such as design, highways, residential amenity, sustainability, drainage and nature conservation. Given that the retail element on the site is being retained and the development will see the provision of 11 residential units when there is an urgent need and this factor must be given substantial weight, the adverse effects of granting consent do not significantly and demonstrably outweigh the benefits. The proposal is deemed to comply with the requirements of Policies B1, B3, H2, H3, T4, T5 and CS13 of the Mid Sussex local Plan, Policies DP1, DP15, DP19, DP24, DP24A, DP25, DP28 and DP41 of the submission District Plan and Policies EG3, EG5, EG7, EG11, EG12 and EG16 of the East Grinstead Neighbourhood Plan. This means that, in accordance with Paragraph 14 of the NPPF, planning permission should be granted. Recommendation A It is recommended that permission be granted, subject to the applicants first entering into a satisfactory Section 106 Obligation securing the necessary mitigation and to the conditions listed at Appendix A. Recommendation B If by 3rd March 2017 (unless agreed in writing with the local planning authority) the applicant has not submitted a satisfactory signed planning obligation securing the necessary mitigation, then it is recommended that planning permission be refused for the following reason: The proposal does not satisfy the requirements of policies G3 and R4 of the Mid Sussex Local Plan, DP18 of the submission District Plan and Policy EG5 of the East Grinstead Neighbourhood Plan in respect of infrastructure requirements to service the development as supplemented by the Council's Supplementary Planning Document 'Development and Infrastructure' dated February 2006, nor does it adequately mitigate the potential impact on the Ashdown Forest SPA and SAC and would therefore be contrary to the Conservation and Habitats and Species Regulations 2010, Policy C5 of the Mid Sussex Local Plan, Policy DP15 of the submission District Plan, Policy EG16 of the East Grinstead Neighbourhood Plan and Paragraph 118 of the NPPF. SUMMARY OF REPRESENTATIONS 6 letters from neighbours: Increase in traffic in congested area; limited on street parking for existing residents at present this will make it worse; not enough parking spaces; access and deliveries for retail premises unclear; overlooking into residential 4

5 properties; construction disruption in terms of noise and traffic; safe removal of asbestos; positive to see demolition of existing buildings but concerns about proposal; is description accurate; 1 letter from existing occupier of retail outlet: decrease in floor area would mean need to relocate to alternative premises; moving or closing business could impact upon employment of 20 people; customers would have to park on road and increase in parking problems; removal of asbestos; noise and disturbance during construction difficult access. East Grinstead Society: No objection providing this is consistent with the Neighbourhood Plan SUMMARY OF CONSULTEES MSDC Drainage No objection subjection to condition MSDC Environmental Protection No objection subjection to condition MSDC Contaminated Land No objection subjection to condition MSDC Leisure See infrastructure requirements MSDC Finance see financial impact MSDC Street Naming Add Informative West Sussex Highways No objections subject to conditions and various issues being clarified at reserved matters stage West Sussex Infrastructure See infrastructure requirements West Sussex Drainage No objections subject to conditions East Grinstead Town Council As per EGTC Planning Committee meeting held on 14th November 2016: EGNP 7 - would support these sizes of properties. EGTC would require the pavement/public footpath that is removed due to the new car lay by on Welling Town Road, be a condition of this application. INTRODUCTION This application seeks planning outline consent with all matters reserved for the proposed re-development of the premises to provide; 6no two bedroom dwellings; 2no three bedroom dwellings and 3no two bedroom flats over the retained shop unit with associated works. 5

6 RELEVANT PLANNING HISTORY There is no relevant planning history on the site. SITE AND SURROUNDINGS The application site consists of two parcels of land separated by Wellington Town Road. The western parcel contains an existing commercial building that fronts onto Lingfield Road and contains a retail premises (A1 use) with offices (B1 use) above. Connected to the rear of this and fronting onto Wellington Town Road is a single storey warehouse type element that contains a B8 (storage and distribution) use. Across the road to the east of Wellington Town Road is the second parcel of land that is currently used as a car park associated with the commercial uses. The surroundings are largely residential with dwellinghouses located immediately to the north and south of both parcels of land. The eastern parcel of land, currently used as a car park, does however back directly onto the Charlwoods Road Industrial Estate. In planning policy terms, the site falls within the built up area boundary of East Grinstead. APPLICATION DETAILS The application is in outline form with all matters reserved. This means that it is just the principle of the development that is being assessed at this stage although the applicant has to demonstrate that such a proposal is achievable on the site. The submitted plans are therefore illustrative at this stage. The proposal seeks consent for the redevelopment of the site to provide 11 residential units and the retention of a retail unit. This includes: Demolition of the existing buildings 6 x 2 bed dwellings 2 x 3 bed dwellings 3 x 2 bed flats Retail space below the flats The illustrative plans indicate that the retail unit will be retained fronting west onto Lingfield Road and there will be 3 x 2 bedroom flats directly above. To the rear there will be car parking and this extends along the northern boundary of the site. There will also be two terraces of 3 x 2 bed dwellings that are to front east onto Wellington Town Road. Across the road on the other parcel of land there are to be a pair of 2 x 3 bed semi-detached houses that front west onto Wellington Town Road. 6

7 LIST OF POLICIES Mid Sussex Local Plan B1 (design) B3 (residential amenities) B4 (energy and water conservation) C5 (nature conservation) H2 (density and dwelling mix) H3 (dwellings in bua) T4 (transport requirements in new developments) T5 (parking) E2 (retention of business land) CS13 (land drainage) Mid Sussex District Plan The Submission District Plan was submitted for Examination on the 17 August The first of the Examination hearings have taken place. The Plan is a material planning consideration. Weight will be given to relevant policies in accordance with paragraph 216 of the NPPF Relevant policies include: DP1 - Sustainable Development DP2 - Sustainable Economic Development DP15 - Ashdown Forest SPA and SAC DP18 - Securing Infrastructure DP19 - Transport DP24 - Character and Design DP24A - Housing Density DP25 - Dwelling Space Standards DP28 - Housing Mix DP41 - Flood Risk and Drainage East Grinstead Neighbourhood Plan The East Grinstead Neighbourhood Plan was made by the Council on the 2nd November following a Referendum being passed. The EGNP therefore forms part of the Development Plan and attracts full weight. The following policies are relevant: EG3 - Promoting Good Design EG5 - Housing Proposals EG7 - Housing Mix and Density EG11 - Mitigating Highway Impacts EG12 - Car Parking EG16 - Ashdown Forest Protection 7

8 National Policy and Legislation National Planning Policy Framework (NPPF) (March 2012) The National Planning Policy Framework sets out the government's policy in order to ensure that the planning system contributes to the achievement of sustainable development. Paragraph 7 sets out the three dimensions to sustainable development, such that the planning system needs to perform an economic role, a social role and an environmental role. This means ensuring sufficient land of the right type to support growth; providing a supply of housing and creating a high quality environment with accessible local services; and using natural resources prudently. With specific reference to decision-taking the document provides the following advice: Para 187 states that local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area. Para 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development. National Planning Policy Guidance Technical Housing Standards ASSESSMENT It is considered that the main issues that need to be considered in the determination of this application are as follows; The principle of development; Design and visual impact; Highways, access and car parking; Business floorspace; Future amenity and Residential amenity; Ashdown Forest; Infrastructure Requirements; Other issues; Whether the proposal would be sustainable development; and Planning Balance and Conclusion 8

9 Principle of Development Planning legislation holds that the determination of a planning application shall be made in accordance with the Development Plan unless material considerations indicate otherwise. Specifically Section 70 (2) of the Town and Country Planning Act 1990 states: "In dealing with such an application the authority shall have regard to: a) The provisions of the development plan, so far as material to application, b) And local finance considerations, so far as material to the application, and c) Any other material considerations." Section 38(6) Planning and Compulsory Purchase Act 2004 provides: "If regard is to be had to the development plan for the purposes of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise." Using this as the starting point the development plan in Mid Sussex consists of the Small Scale Housing Allocations Document (2008) and the Mid Sussex Local Plan (MSLP) (2004). In the event of conflicts between policies in these plans or with Government policy, it is the most recent policy which takes precedence. With this is in mind the NPPF, which was issued in March 2012, is materially relevant and shall be afforded significant weight. Para 14 of the NPPF States: "At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means: approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: o any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or o specific policies in this Framework indicate development should be restricted." As such if a planning application accords with the policies in the development plan then it should be approved provided there are no other material considerations that would indicate otherwise. 9

10 In more local policy terms, the site falls within the built up area of East Grinstead as defined in the Mid Sussex Local Plan so the principle of the development accords with Policy H3. This Council cannot currently demonstrate a five-year housing land supply for the District. Paragraph 49 of the NPPF states "Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the Local Planning Authority cannot demonstrate a five-year supply of deliverable housing sites.". It could be argued that as policy H3 is a criteria based policy that is concerned with housing provision (namely permitting housing subject to various criteria being met) that policy H3 is not up to date because of the absence of a 5 year housing land supply as required by the NPPF. However it is considered that the various criteria that are set out in policy H3 are reflective of the aims of the NPPF. As such it is still relevant to assess the application against policy H3. Policy H3 states: Within defined built-up areas permission will be given to proposals for residential development where the following criteria are met: a) the development does not involve the significant loss of an area of nature conservation or an open or wooded area of land which in its own right makes an important contribution to the urban environment and cannot be satisfactorily replaced or compensated for; b) the land or building is not within an established business area and is not allocated for any other use in this Local Plan; c) efficient use is made of the land in terms of density and as general guidance residential development should be provided at average net densities of at least 30 dwellings per hectare; d) the character and form, respects that of the locality (a detailed site and landscape appraisal together with a design statement will be required); e) includes a high quality environment for prospective occupiers including appropriate landscaping and open space; f) the provision for car parking and vehicle manoeuvring does not significantly reduce garden areas, including front gardens, or adversely affect adjoining property; and g) the requirements of design policies B1 and B2. In Conservation Areas and Areas of Townscape Character infill and redevelopment proposals will be carefully controlled to ensure that the specific character of the area is preserved. Similarly to H3, Policy EG5 of the East Grinstead Neighbourhood Plan is also a criteria based policy so this is also relevant. This policy states: "The East Grinstead Neighbourhood Plan area is subject to significant environmental and infrastructure constraints and as a result new housing development on land defined as 'previously developed,' where the site is predominantly previously developed or is green infrastructure that can be demonstrated to be surplus to 10

11 requirements will be supported subject to the criteria below and compliance with other policies within the plan. Other proposals for new housing development will only be supported if: a) The proposed development contributes to sustainable development; b) An application is supported by robust assessment of the environmental and visual impact of the proposal and include as necessary appropriate mitigation measures. c) An application is supported by a robust assessment of the impact of the proposal upon the local highway network and it can be demonstrated that the proposal will not cause a severe cumulative impact in terms of road safety and increased congestion after proposed mitigation is taken into account; d) The proposal complies with design guidance contained in policy EG3 or a relevant Development Brief; e) The proposal provides a mix of tenure types including private, social rented and shared equity (intermediate); f) Contributions are made towards SANG and Strategic Access Management and Monitoring (SAMM); and g) The proposal meets its own infrastructure needs." It is also important to highlight in this case that one of the core planning principles of the NPPF, as set out at para 17, is to "encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided that it is not of high environmental value." Design and Visual Impact At local policy level Policy B1 of the Mid Sussex Local Plan requires a high standard of design, construction and layout in new buildings whilst Policy H3 states that the character and form of new housing proposals must respect that of the locality. Policy EG3 refers specifically to design within the Neighbourhood Plan area and sets out a number of criteria: "Planning permission will normally be granted where development proposals meet the following criteria: a) The form of the proposed development is proportionate and in keeping with the scale, height, materials and site coverage of the surrounding area; b) The layout of the proposed development respects the topography and character of the site, protects important landscape features and does not harm adjoining amenity; c) The proposal does not result in the loss of buildings or spaces that would have an unacceptable impact on the character of the area; d) The proposal ensures satisfactory means of access for vehicles and pedestrians and provides adequate parking, cycle storage and refuse facilities on site; e) The design of new buildings and the layout of spaces, including footways, car and cycle parking areas, should be permeable and provide connectivity with neighbouring areas; 11

12 f) New development must be inclusive and where appropriate make satisfactory provision for the safe and easy access for those with mobility impairment; and g) The design of new developments must result in the creation of a safe and secure environment and incorporate adequate security measures and features to deter crime, fear of crime, disorder and anti-social behaviour; and h) Proposals make provision for green infrastructure and biodiversity enhancement. Due to infrastructure constraints within the town, all new development proposals, which generate a net increase in traffic (excluding householder applications), will be required to contribute towards improving the walking and cycle network related to the development and be of a recognised acceptable standard." As indicated earlier in this report, the proposal before Members is for outline consent with all matters reserved. This means that the illustrative layout is submitted for information purposes only to demonstrate that the proposal can be achieved on site. The submitted layout plan indicates that the proposed buildings sit comfortably within the site with sufficient gaps to boundaries to be in keeping with the general character of the immediately surrounding area. It should be noted that the B8 element that fronts onto Wellington Town Road occupies a significant part of the site and the replacement buildings in this location help open the site up and provide more space around the buildings. The development also appears to respond to each of the three separate street frontages that the new buildings will be facing. A more detailed assessment will of course follow at reserved matters stage but at this juncture it can be concluded that the proposal appears achievable on the site without being detrimental to the character and appearance of the area. At this outline stage therefore the proposal is deemed to comply with the Council's design policies. These include the relevant parts of Policies B1 and H3 of the Mid Sussex Local Plan, Policy DP24 of the submission District Plan, the design requirements of Policies EG3 and EG5 of the Neighbourhood Plan and the provisions of the NPPF. Highways, Access and Car Parking Paragraph 32 of the NPPF is relevant in respect of transport matters and states that: "Plans and decisions should take account of whether: The opportunities for sustainable transport modes have been taken up depending on the nature of the site, to reduce the need for major transport infrastructure; Safe and suitable to the site can be achieved for all people; and Improvements can be undertaken within the transport network that cost effectively limits the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe." This is reflected within Policy T4 of the MSLP where new development proposals should not cause an unacceptable impact on the local environment in terms of road 12

13 safety and increased traffic. Amongst other things, new development should provide convenient and safe pedestrian access which should link to the wider footway network. It should be noted that the NPPF test of a 'severe' impact is of a higher order than the policy T4 test of 'unacceptable'. Given that the NPPF post-dates the Local Plan it is considered that the relevant test in this case is of 'severe' impact, and in these circumstances the Local Plan Policy has diminished weight in this respect. As indicated, access is a matter not for consideration at this stage but nevertheless the Council still needs to be satisfied from a highways perspective so West Sussex has been consulted. The highways authority, whose full comments are set out within Appendix B, has concluded the following: "In principal the LHA would have no objections to the above residential proposal, subject to the proposals being Safety Audited and the following conditions applied." Conditions are then suggested by West Sussex relating to access details, visibility splays, vehicle parking and turning and cycle parking provision. There is therefore no technical objection from the highways authority on this specific issue and Members will be aware in the absence of any technical objections then such issues should be deemed acceptable. The comments of the third parties concerning the highways impact and parking are noted but it must also be taken into account that the existing use will generate a number of vehicle visits to and from the site on a daily basis. Parking will be given full consideration when the layout is assessed at reserved matters stage. Taking into account the above points it can be reasonably concluded that there are no sustainable reasons to refuse the scheme at this outline stage on highways, access or parking grounds as the proposal complies with Policy T4 of the Mid Sussex Local Plan, Policy DP19 of the submission District Plan and the relevant parts of Policies EG11 and EG12 of the Neighbourhood Plan. Business floorspace The applicant indicates that the existing premises provides 217 m2 of A1 retail space, 187 m2 of B1 office space and 830 m2 of B8 storage and distribution. The applicant has confirmed their intention to replace the retail element only within the new development. Policy E2 of the Mid Sussex Local Plan states that "other than in exceptional circumstances, such as where an existing business use is inappropriately located, or where new development will bring about wider community benefit, proposals for redevelopment or changes of use which would result in the loss of existing business floorspace will not be permitted." Policy DP2 of the submission District Plan states in part that: "Effective use of employment land and premises will be made by: 13

14 Protecting allocated and existing employment land and premises (including tourism) unless it can be demonstrated that there is no reasonable prospect of its use or continued use for employment or it can be demonstrated that the loss of employment provision is outweighed by the benefits or relative need for the proposed alternative use;" Whilst the existing operations on the site appear to be compatible with the surrounding neighbouring residential properties, it is not ideal to have a B8 use such as this directly next to and surrounded by residential properties. Therefore, given the location, the retention of the retail space and the urgent need for housing that needs to be given substantial weight in the decision making process, the loss of the business floorspace should not be resisted on principle. Members will have noted in the earlier section of the report that concerns have been expressed by the current occupier of the commercial space and the effects that the proposal may have on their business. Whilst the current tenant s situation is noted, it is the site owner/landlord that controls who occupies their own premises. The Council's finance team has stated that the total current business rates, as direct income to the Council, will be approximately 10,000. As the A1 use is remaining the rates from this element will be 5,500 meaning therefore a loss is approximately 4,500. However construction of 11 new dwellings will bring in approximately 66,000 due to the New Homes Bonus plus the regular council tax at approximately 1,650pa. Another factor to consider in the planning balance is the economic benefit provided during the construction period of the development. Although a material consideration, it should be noted that only modest weight should be given to such financial considerations. Future and Residential Amenity Policy H3 of the Mid Sussex Local Plan states in part that within defined built-up areas permission will be given to proposals for residential development where, amongst meeting other criteria, proposal include a high quality environment for prospective occupiers including appropriate landscaping and open space. In terms of size, the 'Technical Housing Standards - nationally described space standard' applies. The applicant's submissions appear to indicate that all dwellinghouses will have access to a suitably sized garden although the minimum space standards will only be able to be formally tested at a reserved matters stage when the detail of the homes are submitted. At this stage planning officers have no reason to believe that the proposal will not be able provide a high quality environment for future occupiers. In respect of neighbouring residential amenity Members will be aware that Policy B3 of the Mid Sussex Local Plan applies. This policy states that "proposals for new development, including extensions to existing buildings and changes of use, will not 14

15 be permitted if significant harm to the amenities of nearby residents is likely to be created due to noise and disturbance; loss of privacy; overlooking; reduction in sunlight and daylight; and reduction in outlook." The test therefore is whether 'significant harm' would occur or not. Similar levels of amenity protection are found within Policy DP24 of the District Plan and within Policy EG3 of the Neighbourhood Plan which states in part that: "b) The layout of the proposed development respects the topography and character of the site, protects important landscape features and does not harm adjoining amenity." There are a number of residential properties potentially affected by the proposals as a number of properties share a boundary with the two parcels of land that constitute the application site. In respect of the western parcel of land, a key consideration here is that the existing large B8 warehouse type building is being demolished. This existing building occupies a significant part of the site and comes in close proximity to all of the site boundaries. The illustrative plan shows that the amount of built form on the site boundaries will be considerably less than currently is the case, other than the replacement retail unit with flats above that fronts the southern boundary. Where the site adjoins 7 Carlton Cottages the houses should be of a much reduced depth than the existing building.where the site adjoins the back of the Lingfield Road the houses will be further away from the mutual boundary than the existing building. Where the site adjoins 23 Wellington Town Road, the illustrative plans show a car parking area and the nearest dwelling set well back from the side of this neighbouring house. The loss of the existing building and increased separation should therefore improve the relationship between the application site and the neighbouring properties in terms of light and outlook and the change in this respect will be neutral to the sides of 51 and 61 Lingfield Road. The detailed design and layout of the proposal, that will be submitted at reserved matters stage, will address issues such as overlooking and privacy. At this stage there is no reason for planning officers to believe that such matters cannot be designed to ensure such issues are acceptable. There are potentially more issues with construction on the eastern parcel of the site as this is undeveloped (in terms of built form) and the neighbours (24 and 46 Wellington Town Road) have facing windows. Careful consideration will need to be given therefore to the detailed design of the proposal for this part of the site but there is at this outline stage no reason to specifically object to the proposal. Concerns about noise and disturbance are noted but a development would very rarely be rejected on such grounds. A condition can be used to restrict construction to normal working hours. 15

16 Officers consider therefore that this outline application, given that all matters are reserved, accords with Policies H3, B3 and EG13 of the Mid Sussex Local Plan and the relevant criteria of Policy DP24 of the submission District Plan and Policy EG3 of the Neighbourhood Plan. Ashdown Forest The Ashdown Forest Special Protection Area (SPA) and Special Area of Conservation (SAC) is a European Site of Nature Conservation Importance, which lies adjacent to the north east boundary of Mid Sussex and within the District of Wealden. The area is protected by the European Habitats Directive and by Government Planning Policy. Under the Conservation of Habitats and Species Regulations 2010 (the 'Habitats Regulations'), the competent authority, in this case Mid Sussex District Council, has a duty to ensure that any plans or projects that they regulate will have no adverse effect on the integrity of Ashdown Forest. Regulation 61 of the Habitats Regulations requires the Council to assess the possible effects of plans or projects, i.e. planning applications on Ashdown Forest. If the proposed development will not have a likely significant effect on the Forest, either alone or in combination with other proposed developments in the area, the Council may proceed to determine the application. However, if a significant effect is likely, either alone or in combination with other plans and projects, an appropriate assessment must be undertaken to establish whether the proposed development will have an adverse effect on the integrity of the European site. If the appropriate assessment concludes that there will not be an adverse effect on the integrity of the European site, the Council may proceed to determine the application. There may be likely significant effects on the Ashdown Forest SPA as a result of increased recreational activity arising from new residential development and related population growth that is likely to disturb the protected bird species. Within 7km of the Ashdown Forest SPA, residential development leading to a net increase in dwellings will need to contribute to an appropriate level of mitigation. There are two parts to the mitigation. By providing an alternative option, Suitable Alternative Natural Greenspace (SANG) is the name given to greenspace that is of a quality and type suitable to be used as mitigation. A SANG site could either be provided on the development site itself or through a financial contribution towards a strategic SANG. The East Court & Ashplats Wood SANG Strategy has been agreed by the District Council. The second part of the mitigation is to provide a financial contribution towards Strategic Access Management and Monitoring (SAMM). The Council has produced an interim SAMM Strategy that sets out measures to protect the Ashdown Forest SPA from new recreational pressures through managing access (visitor) behaviour and monitoring both birds and visitors. The projects that form the mitigation measures have been discussed and agreed in collaboration with the Conservators of Ashdown Forest and Natural England. The interim SAMM Strategy will be 16

17 superseded by a Joint SAMM Strategy which is currently being prepared with the other affected local authorities. This proposed development site lies within 7km of the Ashdown Forest SPA and as such, mitigation is required. The applicants have agreed that they would be prepared to make a financial contribution towards the SAMM and SANG Strategies. Any contributions received will be ring-fenced for expenditure in accordance with the relevant SAMM and SANG Strategies. The financial contribution to SAMM would be secured through a Planning Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 whilst the mitigation in relation to SANG, if the scheme were approved, would be secured through a planning condition and informative. The proposed condition provides for a scheme for mitigation of the effects on the SPA to be submitted which can include provision for a bespoke SANG or the payment of a financial sum towards a SANG operated by the LPA. Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects (Paragraph 206 of the NPPF). All planning conditions must meet these '6 tests' which are applicable to the imposition of conditions as set out in National Planning Policy Guidance (NPPG). In the circumstances of this particular case it is considered that these tests are met by the proposed 'Ashdown Forest SPA' condition. Furthermore, the mitigation is required in order to ensure compliance under the Habitats Regulations. The NPPG (Paragraph 005 Ref ID 21a ) allows for the use of a negatively worded condition to: "prohibit development authorised by the planning permission until a specified action has been taken (for example, the entering into a planning obligation requiring the payment of a financial contribution towards the provision of supporting infrastructure)". It is considered therefore, in the circumstances of this case and in the light of the guidance on the use of planning conditions set out in the NPPG, that the use of a negatively worded condition would be an appropriate approach to securing the necessary mitigation in relation to SANG in order to mitigate any likely significant effect on the Ashdown Forest required by the Habitats Regulations and enable the local planning authority to grant permission for the development. The applicants have indicated that they would be prepared to make a financial contribution towards this interim SAMM and SANG strategy and a suitable legal agreement is being negotiated. For reference, the SAMM contribution is 24,570 whilst the SANG contribution (to be secured via condition) is 14,857. With the legal agreement in place the impact on the Ashdown Forest would be mitigated and there would be no conflict with Policy C5 of the Mid Sussex Local Plan, Policy DP15 of the submission District Plan, Policy EG16 of the 17

18 Neighbourhood Plan and the Habitats Regulations. It is recommended that planning permission should not be granted until such time as a legal agreement is secured. Infrastructure requirements Contributions are requested in accordance with the councils adopted Supplementary Planning Document "Development and Infrastructure" and are requested in accordance with policies G3, R3 and R4 of the Mid Sussex Local Plan, Policy DP18 of the submission District Plan and the NPPF. Policy EG5 of the Neighbourhood Plan at clause (g) states that a proposal must meet its own infrastructure needs. The contributions also accord with Regulation 122 of the Community Infrastructure Levy Regulations The applicant has indicated a willingness to make these contributions. The payments that will be required are set out as follows: Playspace: 10,093 (De La Warr Rec Ground) Kickabout: 2,860 (De La Warr Rec Ground) Formal Sport: 12,155 (junior pitch drainage at East Court) Community Buildings: 5,280 (improvements to Age UK day centre in East Grinstead) Local Community: 6,200 (installation of cctv camera at King Georges Field) The West Sussex County Council requirements for education (primary, secondary and sixth form). TAD and libraries will be generated via a formula to be inserted into the legal agreement so that the precise figures can be established at the reserved matters stage when the exact housing mix is confirmed. The education contributions are to spent on additional equipment at St Marys C of E Primary School, additional facilities at Imberhorne School and additional equipment at Imberhorne sixth form respectively. In respect of the library requirement, the contributions generated by this proposal shall be spent on providing additional stock at East Grinstead Library. The TAD shall be allocated towards traffic management and road infrastructure changes on A22 and A264 to improve pedestrian and cyclist safety, smooth traffic flow, reduce vehicle delays and improve bus reliability. Other Issues All the other issues raised during the consultation period have been taken into account and these other issues are either considered not to warrant a refusal of permission, are items that could be dealt with effectively by planning conditions or other legislation or are not even material planning considerations. For example, the Council's drainage officer has commented that the proposal is suitable to be dealt with by condition as per their full comments set out within Appendix B. 18

19 Sustainability measures could be secured for the development through the use of an appropriately worded condition. The proposal for 11 units on a 0.25 hectare site area provides a density of 44 dph in addition to the retail provision. Given the retail provision in addition to the dwellings, the proposal accords with the density policy of the District plan (DP24A). The safe removal of asbestos is not a planning consideration but is covered by other environmental legislation. Whether the proposal would be Sustainable Development As outlined above, the NPPF describes sustainable development as the golden thread running through both plan making and decision taking. It sets out the three dimensions to sustainable development: economic, social and environmental. Paragraph 6 states that the policies in paragraphs , taken as a whole, constitute the government's view as to what sustainable development means for the planning system. In this part of the report the main factors that inform the judgement as to whether the proposal would be a sustainable form of development are summarised. In reaching that view all matters referred to in the report have been taken into account. The Economic Role Part 6 of the Localism Act was enacted on 16th January This requires the LPA to have regard to local finance considerations (so far as material to the application) as well as the provisions of the Development Plan and any other material considerations. The New Homes Bonus commenced in April 2011, and will match fund the additional council tax raised for new homes and empty properties brought back into use, with an additional amount for affordable homes, for the following six years. The New Homes Bonus is now a material planning consideration and if permitted the LPA would receive a New Homes Bonus for each the units proposed. The economic dimension is met by this proposal owing to the New Homes Bonus, the provision of construction jobs and an increased population likely to spend in the community. The Social Role The NPPF seeks to promote a "strong, vibrant and healthy community by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community's needs and supports it health, social and cultural well-being". The provision of 11 dwellings on the site will make a positive contribution to the district's housing supply. Due to the location of the site close to the town centre a range of services and facilities are within easy walking and cycling distances. It is therefore considered that the development meets the social role of sustainable development. 19

20 The Environmental Role The proposal will result in a neutral impact on a number of environmental factors including design, highways, residential amenity, sustainability, drainage and nature conservation. It is therefore considered that the development meets the environmental role of sustainable development. The proposal therefore constitutes sustainable development. PLANNING BALANCE AND CONCLUSION Planning legislation requires the application to be determined in accordance with the Development Plan unless material circumstances indicate otherwise. As the proposed scheme does not comply with certain aspects of the Development Plan, other material considerations need to be considered in determining the application, including the NPPF. As the Council is unable to currently demonstrate a five year supply of deliverable housing land, it follows that the relevant policies for the supply of housing are not upto-date (paragraph 49 National Planning Policy Framework (NPPF). In these circumstances paragraph 14 of the NPPF provides for a presumption in favour of sustainable development which means that planning permission should be granted unless any adverse effects of doing so would significantly and demonstrably outweigh the benefits, or specific polices in the NPPF indicate that development should be restricted. This is therefore the balancing exercise that must be undertaken by the decision maker. Weighing in favour of the scheme is that the development will provide 11 residential units at a time where there is a shortfall in housing supply and this should be given substantial weight. It should also be considered that this proposal provides additional residential units on a sustainably located brownfield site. Weighing against the scheme is that the overall amount of business floorspace will be reduced although the impact of this is lessened by the location in a residential area. There will be a neutral impact in respect of a number of issues such as design, highways, residential amenity, sustainability, drainage and nature conservation. Given that the retail element on the site is being retained and the development will see the provision of 11 residential units when there is an urgent need and this factor must be given substantial weight, the adverse effects of granting consent do not significantly and demonstrably outweigh the benefits. 20

21 The proposal is deemed to comply with the requirements of Policies B1, B3, H2, H3, T4, T5 and CS13 of the Mid Sussex local Plan, Policies DP1, DP15, DP19, DP24, DP24A, DP25, DP28 and DP41 of the submission District Plan and Policies EG3, EG5, EG7, EG11, EG12 and EG16 of the East Grinstead Neighbourhood Plan. This means that, in accordance with Paragraph 14 of the NPPF, planning permission should be granted. Time Limit APPENDIX A RECOMMENDED CONDITIONS 1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved. 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 Pre-development 2. No development shall be carried out unless and until samples of materials and finishes to be used for the external walls, roof and windows of the proposed building have been submitted to and approved by the Local Planning Authority. The works shall be carried out in accordance with the approved details. 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 and to accord with Policy B1 of the Mid Sussex Local Plan, Policy DP24 of the Submission District Plan and Policy EG5 of the Neighbourhood Plan. 3. The development hereby permitted shall not proceed until details of the proposed surface water drainage and means of disposal have been submitted to and approved in writing by the Local Planning Authority and no building shall be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. The details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include arrangements for adoption by any public authority or 21

22 statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Maintenance and management during the lifetime of the development should be in accordance with the approved details. Reason: To ensure that the proposal is satisfactorily drained and to accord with the NPPF requirements, Policy CS13 of the Mid Sussex Local Plan and Policy DP41 of the Submission District Plan. 4. No development shall take place unless and until there has been submitted to and approved in writing by the Local Planning Authority full details of both hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained, together with measures for their protection in the course of development and these works shall be carried out as approved. Reason: In the interests of visual amenity and of the environment of the development and to accord with Policy B1 of the Mid Sussex Local Plan, Policy DP24 of the submission District Plan and Policy EG5 of the Neighbourhood Plan. 5. No development shall take place until a scheme for the mitigation of the effects of the development on the Ashdown Forest Special Protection Area (SPA) has been submitted to and approved in writing by the Local Planning Authority. The scheme shall either make provision for the delivery of a bespoke Suitable Alternative Natural Greenspace (SANG) or make provision for the payment of an appropriate financial sum towards the maintenance and operation of a SANG leased and operated by the Local Planning Authority. In the event that the scheme approved by the Local Planning Authority is for the physical provision of a SANG, no dwelling shall be occupied before written confirmation has been obtained from the Local Planning Authority that the SANG has been provided in accordance with the approved scheme. In the event that the scheme approved by the Local Planning Authority does not relate to the physical provision of a SANG, no development shall take place before written confirmation has been obtained from the Local Planning Authority that the financial sum has been provided in accordance with the approved scheme. Reason: To ensure that the development, either on its own or in combination with other plans or projects, does not have a likely significant effect on a European site within the Conservation of Habitats and Species Regulations Prior to the commencement of the development a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include amongst other matters details of: measures to control noise affecting nearby residents; wheel cleaning/chassis cleaning facilities; dust control measures; pollution incident control and site contact details in case of complaints. The construction 22

23 works shall thereafter be carried out at all times in accordance with the approved Construction Environmental Management Plan, unless any variations are otherwise first submitted to and approved in writing by the Local Planning Authority. Reason: To safeguard the amenities of nearby residents and to accord with Policy B3 of the Mid Sussex Local Plan and Policy DP24 of the Submission District Plan Site Characterisation No development shall take place until an investigation and risk assessment has been completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 23

24 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3. Construction 8. No work for the implementation of the development hereby permitted shall be undertaken on the site on Bank or Public Holidays or at any time other than between the hours 8 a m and 6 pm on Mondays to Fridays and between 9 am and 1 pm Saturdays. Reason: To safeguard the amenities of nearby residents and to accord with Policy B3 of the Mid Sussex Local Plan and Policy DP24 of the Submission District Plan. 9. Hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: In the interests of visual amenity and of the environment of the development and to accord with Policy B1 of the Mid Sussex Local Plan, 24

25 Policy DP24 of the submission District Plan and Policy EG5 of the Neighbourhood Plan. Pre-occupation conditions 10. No part of the development shall be first occupied until such time as the vehicular access has been constructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan and Policy DP19 of the Submission District Plan and Policy EG12 of the Neighbourhood Plan. 11. No part of the development shall be first occupied until visibility splays of 2.4 metres by 43 metres have been provided at the proposed site vehicular access onto Wellington Town Road in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metre above adjoining carriageway level or as otherwise agreed. Reason: In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan and Policy DP19 of the Submission District Plan and Policy EG12 of the Neighbourhood Plan. 12. No part of the development shall be first occupied until the vehicle parking and turning spaces have been constructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. These spaces shall thereafter be retained for their designated use. Reason: To provide adequate on-site car parking and turning space for the development and to accord with Policy T5 of the Mid Sussex Local Plan and Policy DP19 of the Submission District Plan and Policy EG12 of the Neighbourhood Plan. 13. No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved by the Local Planning Authority. Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies and to accord with Policy T5 of the Mid Sussex Local Plan and Policy DP19 of the Submission District Plan and Policy EG12 of the Neighbourhood Plan. 14. The residential units hereby permitted shall not be occupied until provision for bin and recycling storage has been made within the site in accordance with the location shown on the approved plans subject to the elevational details being first agreed in writing with the local planning authority. Such provision shall thereafter be retained permanently. 25

26 Reason: In the interests of sustainability and visual amenity and to accord with Policy B1 of the Mid Sussex Local Plan and Policy DP24 of the Submission District Plan. 15. The proposal shall not be occupied until such time as the developer has incorporated sustainable measures into the development in accordance with details to first be submitted to and approved in writing by the local planning authority. Reason: In the interests of sustainability and to accord with Policy B4 of the Mid Sussex Local Plan and Policy DP39 of the Submission District Plan. INFORMATIVES 1. You are advised that this planning permission requires compliance with a planning condition(s) before development commences. You are therefore advised to contact the case officer as soon as possible, or you can obtain further information from: (Fee of 97 will be payable). If you carry out works prior to a pre-development condition being discharged then a lawful start will not have been made and you will be liable to enforcement action. 2. The proposed development will require formal address allocation. You are advised to contact the Council's Street Naming and Numbering Officer before work starts on site. Details of fees and developers advice can be found at or by phone on In accordance with Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 4. The applicant is advised that to satisfy condition 6 above there are likely to be two options. The first is to provide, lay out and ensure the maintenance of, in perpetuity, of a Suitable Alternative Natural Greenspace (SANG). Any potential sites for SANG will need to meet Natural England's guidelines for SANGs and the suitability of a potential site for SANG will be considered on a site specific basis. The achievement of a SANG is likely to be through the mechanism of a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 as amended. 26

27 The second is to enter a form of agreement with the Local Planning Authority pursuant to Section 1 of the Localism Act 2011 and such other enabling powers in relation to the payment of an appropriate financial sum towards the Council's existing SANG by way of mitigation. The appropriate sum will be calculated in accordance with the latest policy - currently the East Court & Ashplats Wood Suitable Alternative Natural Greenspace Strategy October Your attention is drawn to the requirements of the Environmental Protection Act 1990 with regard to your duty of care not to cause the neighbours of the site a nuisance. Accordingly, you are requested that: No burning of materials shall take place on site at any time. If you require any further information on these issues, please contact Environmental Protection on Plans Referred to in Consideration of this Application The following plans and documents were considered when making the above decision: Plan Type Reference Version Submitted Date Site Plan A East Grinstead Town Council APPENDIX B CONSULTATIONS As per EGTC Planning Committee meeting held on 14th November 2016: EGNP 7 - would support these sizes of properties. EGTC would require the pavement/public footpath that is removed due to the new car lay by on Welling Town Road, be a condition of this application. MSDC Drainage We do not have flood risk concerns for the principle of this proposed development, and we are happy to allow all drainage matters to be dealt with by condition. We understand the existing flood risks associated with this proposed development to be: 1. No known records of flooding at this location. 2. Site is situated within Flood Zone 1, deemed 'Low Risk' fluvial flooding. 3. Site is deemed 'Low Risk' pluvial flooding as per the UFMFSW. We would expect the flood risk to change post development in the following way: 27

28 1. Increased impermeable area creating and or exacerbating local flood risk. The proposed development has shown the following in mitigation of the flood risk: 1. No submitted details. Hierarchy of Surface Water Disposal and Southern Water (2016). It is exceptionally important that, at an early stage of design, the proposed development identifies how it intends to dispose of surface water. To do this, the developer will need to consider the requirements set out in Building Regulations H3 where a hierarchy for surface water disposal is established. This is: 1. Infiltration to the ground. Where this has been explored and is shown to be not reasonably practicable: 2. Discharge to watercourse. Where this has been explored and is shown to be not reasonably practicable: 3. Discharge to surface sewer. In our recent experience, Southern Water has provided developers with agreements to connect surface water to the existing public sewers. However, some of these agreements are for connection only and they do not confirm the discharge of water and any appropriate downstream capacity. In this scenario, MSDC Drainage Engineers cannot accept 'connection only' letters as evidence for the safe and suitable disposal of surface water and thereby meeting any outstanding drainage conditions. We therefore strongly recommend that the hierarchy of surface water disposal is followed fully early in the design stage of the development. If discharge to sewers is the only available option, we strongly advise communication is made with Southern Water as soon as possible to discuss the connection to, and available capacity within, the available sewers. Suitable conditions for this proposed development: 1. The development hereby permitted shall not proceed until details of the proposed surface water drainage and means of disposal have been submitted to and approved in writing by the Local Planning Authority and no building shall be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. The details shall include a timetable for its implementation and a management and maintenance plan for the lifetime of the development which shall include arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Maintenance and management during the lifetime of the development should be in accordance with the approved details. 28

29 MSDC Environmental Protection Based on the outline application it is likely that Environmental protection would ask for the following conditions to be attached. I would ask for a CEMP because of the close proximity of neighbouring properties. Conditions: Prior to the commencement of the development a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include amongst other matters details of: measures to control noise affecting nearby residents; wheel cleaning/chassis cleaning facilities; dust control measures; pollution incident control and site contact details in case of complaints. The construction works shall thereafter be carried out at all times in accordance with the approved Construction Environmental Management Plan, unless any variations are otherwise first submitted to and approved in writing by the Local Planning Authority. Construction hours: Works of construction or demolition, including the use of plant and machinery, necessary for implementation of this consent shall be limited to the following times: Monday - Friday 08:00-18:00 Hours Saturday 09:00-13:00 Hours Sundays and Bank/Public Holidays no work permitted. Reason: To protect the amenity of local residents. No burning materials: No burning of demolition/construction waste materials shall take place on site. Reason: To protect the amenity of local residents from smoke, ash, odour and fume. MSDC Contaminated Land Regarding this application for residential units including private gardens, it should be noted that Phoenix House is identified as having previously been used as a laundry and as an unspecified works. Land bordering to the East has historical uses including brick works, depot and council yard. In light of these possible contaminative uses on and close to the site and the sensitive end use of the proposed development, I recommend the following 4 part condition in order to safeguard public health: CONDITION 1. Site Characterisation No development shall take place until an investigation and risk assessment has been completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the 29

30 scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwaters and surface waters, ecological systems, archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment 30

31 must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3. MSDC Leisure Thank you for the opportunity to comment on the plans for the development of 11 residential dwellings at Phoenix House, Lingfield Road, East Grinstead on behalf of the Head of Corporate Resources. The following leisure contributions are required to enhance capacity and provision due to increased demand for facilities in accordance with the Local Plan policy and SPD which require contributions for developments of over 5 units. CHILDRENS PLAYING SPACE De La Warr Recreation Ground, owned and managed by the Council, is the nearest locally equipped play area approximately 150m from the development site. This facility will face increased demand from the new development and a contribution of 12,953 is required to make improvements to play equipment ( 10,093) and kickabout provision ( 2,860). These facilities are within the distance thresholds for children's play outlined in the Development and Infrastructure SPD FORMAL SPORT In the case of this development, a financial contribution of 12,155 is required toward junior pitch drainage at East Court. COMMUNITY BUILDINGS The provision of community facilities is an essential part of the infrastructure required to service new developments to ensure that sustainable communities are created. In the case of this development, a financial contribution of 5,280 is required to make improvements to the Age UK day centre in East Grinstead. In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the total number of units proposed and an average occupancy of 2.5 persons per unit (as laid out in the Council's Development and Infrastructure SPD) and therefore is commensurate in scale to the development. The Council maintains that the contributions sought as set out are in full accordance with the requirements set out in Circular 05/2005 and in Regulation 122 of the Community Infrastructure Levy Regulations MSDC Finance The total current business rates, as direct income to the Council, will be approximately 10,000. As the A1 use is remaining the rates from this element will be 5,500 meaning therefore a loss is approximately 4,500. However construction 31

32 of 11 new dwellings will bring in approximately 66,000 due to the New Homes Bonus plus the regular council tax at approximately 1,650pa. MSDC Street Naming The proposed development will require formal address allocation. You are advised to contact the Council's Street Naming & Numbering Officer before work starts on site. Details of fees and advice for developers can be found at or by phone on West Sussex Highways The Local Highway Authority (LHA) has been consulted to provide comments relating to any highway safety and capacity aspects of the above application. In line with the relevant policy, paragraph 32 of the National Planning Policy Framework (NPPF). Summary It's noted that outline planning permission is sought, with all matters reserved. The LHA have reviewed the submitted draft layout design plan and the Design & Access Statement. The LHA would offer the following observations and advice. Access/Visibility The proposed development intends to use an existing access onto Wellington Town Road; from the plan this appears to take the form of a cross over style access from the highway. This proposal will need to form part of a Stage 1 Road Safety Audit (RSA) to assess if the proposed access arrangements are safe. The access should be at least 4.8m wide to allow two vehicles to pass. There appears to be adequate room to accommodate this. Refuse vehicle/car tracking will also need to be provided for the site access, to demonstrate sufficient widths are provided fit for the proposed development. Wellington Town Road is subject to a 30mph speed limit. On this basis Manual for Streets (MfS) sight distance requirements should be applied (43m in each direction from a 2.4m setback from the edge of the carriageway. Trip Generation/ Distribution It is not expected given the sites existing permitted B8 use, that the development would give rise to a significant level of traffic, which could be considered severe or have any material impact on the local road network. Draft Layout The draft layout is demonstrated in drawing number Details of parking for the residential properties are shown. However this would need to be considered again at the reserved matters stage. Parking provision should accord with standards set out in the WSCC Parking Demand Calculator, which calculates demand based on area. Cycle parking is also to be provided in accordance with local standards and will include on-plot storage in a secure and undercover area (i.e. either a shed or garage where space permits). 32

33 It is noted that the draft layout plan shows a layby to the front of plots 1-6. This is on adopted highway land and obstructs the footway, there also doesn't appear to be any alternative footway provided. This would not be acceptable to the LHA. The applicant needs to confirm the site/highway boundary line and reconsider parking provision for these dwellings. Refuse vehicle tracking and turning will need to be demonstrated for the internal site road. Conclusion In principal the LHA would have no objections to the above residential proposal, subject to the proposals being Safety Audited and the following conditions applied. Conditions: Access No part of the development shall be first occupied until such time as the vehicular access has been constructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of road safety Visibility No part of the development shall be first occupied until visibility splays of 2.4 metres by 43 metres have been provided at the proposed site vehicular access onto Wellington Town Road in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 0.6 metre above adjoining carriageway level or as otherwise agreed. Reason: In the interests of road safety. Vehicle parking and turning No part of the development shall be first occupied until the vehicle parking and turning spaces have been constructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. These spaces shall thereafter be retained for their designated use. Reason: To provide adequate on-site car parking and turning space for the development. Cycle parking No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved by the Local Planning Authority. Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies. 33

34 West Sussex Infrastructure Without prejudice to the informal representations of the County Council in respect of the above planning proposal, I am writing to advise you as to the likely requirements for contributions towards the provision of additional County Council service infrastructure, other than highways and public transport that would arise in relation to the proposed development. The proposal falls within the Mid Sussex District and the contributions comply with the provisions of Mid Sussex District Local Development Framework Supplementary Planning Document- Development and Infrastructure February The planning obligation formulae below are understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, The advice is as follows: 1. School Infrastructure Contribution 1.1 The Director for Children and Young People's Services advises that it appears that at present primary/secondary/further secondary schools within the catchment area of the proposal currently would not have spare capacity and would not be able to accommodate the children generated by the assumed potential residential development from this proposal. Accordingly, contributions would need to be requested. However, the situation will be monitored and further advice on all of the main education sectors, (i.e. Primary/Secondary/Further Secondary) should be sought if this planning application is to be progressed. 1.2 Financial Contribution The financial contribution sought by the County Council would be based on: the estimated additional population that would be generated by the proposed development, reduced to reflect any affordable dwellings, with a 33% discount, for occupation by persons already residing in the education catchment area; the County Council's adopted floorspace standard for education provision; and the estimated costs of providing additional education floorspace. As the housing mix is not known at this stage, I propose the insertion of a formula into any legal Agreement in order that the school infrastructure contribution may be calculated at a later date. The formula should read as follows: The Owner and the Developer covenant with the County Council that upon Commencement of Development the Owner and/or the Developer shall pay to the County Council the School Infrastructure Contribution as calculated by the County Council in accordance with the following formula: DfE Figure x ACP = School Infrastructure Contribution where: Note: x = multiplied by. 34

35 ACP (Additional Child Product) = The estimated additional number of school age children likely to be generated by the development calculated by reference to the total number of dwellings, less any allowance for affordable dwellings, as approved by a subsequent reserve matters planning application. The following criteria are used to generate a child product: Dwelling Size Occupancy House Flat 1 bed = bed = bed = bed = Using the above occupancy rates to determine an overall population increase the following factors are applied. According to 2001 census data, there are 14 persons per 1000 population in each school year group for houses and 5 persons per 1000 population in each school year group for flats. There are 7 year groups for primary (years R to 6) and 5 for secondary (years 7 to 11). For Sixth Form, a factor of 0.54 is applied to the Child Product figure as this is the average percentage of year 11 school leavers who continue into Sixth Form colleges in West Sussex. DfE Figure = Department for Education (DfE) school building costs per pupil place (for pupils aged 4 to 16) as adjusted for the West Sussex area applicable at the date when the School Infrastructure Contribution is paid (which currently for the financial year 2014/2015 are - Primary 15,558, Secondary 23,442, Further Secondary 25,424), updated as necessary by the Royal Institute of Chartered Surveyors Building Cost Information Service All-In Tender Price Index. 1.3 The contributions generated by this proposal shall be spent on additional equipment at St Marys C of E Primary School. The contributions generated by this proposal shall be spent on additional facilities at Imberhorne School. The contributions generated by this proposal shall be spent on additional equipment at Imberhorne sixth form. 2. Library Infrastructure Contribution 2.1 The County Librarian advises that the proposed development would be within the area served by East Grinstead Library and that the library would not currently be able to adequately serve the additional needs that the development would generate. However, a scheme is approved to provide additional floorspace at the library. In the circumstances, a financial contribution towards the approved scheme would be required in respect of the extra demands for library services that would be generated by the proposed development. 35

36 2.2 Financial Contribution The financial contribution sought by the County Council would be based on: the estimated additional population that would be generated by the proposed development, reduced to reflect any affordable dwellings (by which we mean Social Rented dwellings, but NOT Shared Equity, Intermediate or Key Worker status dwellings) for occupation by persons already residing in the library's catchment area; the County Council's adopted floorspace standard for library provision; and the estimated costs of providing additional library floorspace. As the housing mix is not known at this stage, I propose the insertion of a formula into any legal Agreement in order that the library contribution may be calculated at a later date. The formula should read as follows: The Owner and the Developer covenant with the County Council that upon Commencement of Development the Owner and/or the Developer shall pay to the County Council the Libraries Infrastructure Contribution as calculated by the County Council in accordance with the following formula:- L/1000 x AP = Libraries Infrastructure Contribution where: Note: x = multiplied by. AP (Additional Persons) = The estimated number of additional persons generated by the development calculated by reference to the total number of dwellings, less any allowance for affordable dwellings, as approved by a subsequent reserve matters planning application. The following figures are given as a guideline: Dwelling Size Occupancy House Flat 1 bed = bed = bed = bed = L/1000 = Extra library space in sqm. per 1,000 population x the library cost multiplier (which currently for the financial year 2016/2017 are 30sq.m and 4,560 per sqm respectively). 2.3 The contributions generated by this proposal shall be spent on providing additional stock at East Grinstead Library. 3. Transport (TAD) Contribution 3.1 The Total Access Demand Contribution will be calculated by the County Council in accordance with the following formula: Total Access Demand Contribution = Sustainable Access Contribution + Infrastructure Contribution, where: Sustainable Access Contribution = (C - D) x E, where: 36

37 C (Total Access) = (A (number of dwellings) x B (Occupancy per dwelling)) using the following figures as a guideline: Dwelling Size Occupancy House Flat 1 bed = bed = bed = bed = D = Parking Spaces provided by the residential development element of the Proposed Development E = Standard multiplier of 600 Infrastructure Contribution = D x F, where: D = Parking Spaces provided by the residential development element of the Proposed Development F = Standard multiplier of 1200 Where affordable dwellings are involved, the appropriate discount is applied to the population increase (A x B) before the TAD is formulated. The Transport contributions generated by this proposal shall be allocated towards traffic management and road infrastructure changes on A22 and A264 to improve pedestrian and cyclist safety, smooth traffic flow, reduce vehicle delays and improve bus reliability. General points Please ensure that the applicants and their agents are advised that any alteration to the housing mix, either size, nature or tenure, may generate a different population and require re-assessment of contributions. Such re-assessment should be sought as soon as the housing mix is known and not be left until signing of the section 106 Agreement is imminent. It should be noted that the figures quoted in this letter are based on current information and will be adhered to for 3 months. Thereafter, if they are not consolidated in a signed S106 agreement they will be subject to revision as necessary to reflect the latest information as to cost and need. Review of the contribution towards the provision of additional County Council services should be by reference to an appropriate index, preferably RICS BCIS All-In TPI. This figure is subject to annual review. Should you require further general information or assistance in relation to the requirements for contributions towards the provision of County Council service 37

38 infrastructure please contact, in the first instance, the Planning Applications Team officer, named above. Where the developer intends to keep some of the estate roads private we will require provisions in any s106 agreement to ensure that they are properly built, never offered for adoption and that a certificate from a suitably qualified professional is provided confirming their construction standard. Where land is to be transferred to the County Council as part of the development (e.g. a school site) that we will require the developer to provide CAD drawings of the site to aid design/layout and to ensure that there is no accidental encroachment by either the developer or WSCC. West Sussex Drainage West Sussex County Council (WSCC), in its capacity as the Lead Local Flood Authority (LLFA), has been consulted on the above proposed development in respect of surface water drainage. The following is the comments of the LLFA relating to surface water drainage and flood risk for the proposed development and any associated observations, advice and conditions. Flood Risk Summary Modelled surface water flood risk: Low risk Comments: Current ufmfsw mapping shows that the proposed site is at 'low' risk from surface water flooding. This risk is based on modelled data only and should not be taken as meaning that the site will/will not definitely flood in these events. Any existing surface water flow paths across the site should be maintained or appropriate mitigation strategies proposed. Modelled ground water flood risk susceptibility: Negligible risk Comments: The majority of the proposed development is shown to be at 'negligible' risk from ground water flooding based on the current mapping. Where the intention is to dispose of surface water via infiltration/soakaway, these should be shown to be suitable through an appropriate assessment carried out under the methodology set out in BRE Digest 365 or equivalent. Ground water contamination and Source Protection Zones: The potential for ground water contamination within a source protection zone has not been considered by the LLFA. The LPA should consult with the EA if this is considered as risk. Records of any historic local flooding? No 38

39 Comments: We have no records of historic surface water flooding either within the boundary of the proposed development or the immediate vicinity of site.. This should not be taken that this site itself has never suffered from flooding, only that it has never been reported to the LLFA. Ordinary watercourses nearby? No Comments: Current Ordnance Survey mapping shows no watercourses running within the boundary the site. Local or field boundary ditches, not shown on Ordnance Survey mapping, may exists around the site. If present, these should be maintained and highlighted on future plans. Future development - Sustainable Drainage Systems (SuDs) No Flood Risk Assessment/Drainage Strategy has been provided so there is insufficient information to comment with regards to the proposed drainage strategy for this development. The only drainage information provided is the application form which has 'main sewer' ticked. This alone would not meet the requirements of the NPPF, PPG and associated guidance documents. Government policy set out in paragraph 103 of the NPPF expects LPAs to give priority to the use of SuDs in determining planning applications. Further support for SuDs is set out in chapter 5 of the Flood Risk Practice Guide. Approved Document Part H of the Building Regulations 2000 establishes a hierarchy for surface water disposal, which encourages a SuDs approach beginning with infiltration where possible e.g. soakaways or infiltration trenches. The range of SuDs techniques available means that a SuDs approach in some form will be applicable to almost any development. The LPA's Drainage Engineer is happy to allow all drainage matters to be dealt with by condition. Development shall not commence until full details of the maintenance and management of the SUDs system is set out in a site-specific maintenance manual and submitted to, and approved in writing, by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved designs. Please note that Schedule 3 of the Flood and Water Management Act 2010 has not yet been implemented and WSCC does not currently expect to act as the SuDS Approval Body (SAB) in this matter. 39

40 Albourne 2. DM/16/4516 Crown Copyright and database rights 2015 Ordnance Survey KINGS HEAD STUD LONDON ROAD ALBOURNE WEST SUSSEX OUTLINE PLANNING APPLICATION TO CONSIDER THE ERECTION OF 4 NO. DETACHED DWELLING WITH ACCESS FROM LONDON ROAD. MR AND MRS S ORR GRID REF: EAST NORTH POLICY: Areas of Special Control for Adverts / Countryside Area of Dev. Restraint / Countryside Gap / Classified Roads - 20m buffer / Aerodrome Safeguarding (CAA) / Highways Agreement (WSCC) / ODPM CODE: Minor Dwellings 8 WEEK DATE: 21st December 2016 WARD MEMBERS: Cllr John Allen / CASE OFFICER: Mr Stuart Malcolm 40

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