ITEM REFERENCE LOCATION PAGE /04324/FUL Land To The Rear Of, 22 Gower Road, Haywards Heath, West Sussex,RH16 4PJ

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1 DOCUMENT B MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 17 APR 2014 INDEX TO ITEMS REPORTED PART I - RECOMMENDED FOR APPROVAL ITEM REFERENCE LOCATION PAGE 01 13/04324/FUL Land To The Rear Of, 22 Gower Road, Haywards Heath, West Sussex,RH16 4PJ /04332/FUL Garland Court, Garland Road, East Grinstead, West Sussex,RH19 1DN /00398/FUL The Education Centre, 17 Boltro Road, Haywards Heath, West Sussex,RH16 1BP /00657/FUL Council Depot, 19 Bridge Road, Haywards Heath, West Sussex,RH16 1UA /00807/FUL Farthings, Keymer Road, Burgess Hill, West Sussex,RH15 0AN /00828/FUL Burgess Hill BMX Track, Maple Drive, Burgess Hill, West Sussex,RH15 8DL /00831/FUL Mid Sussex District Council, Planning And Environmental Services, Oaklands, Oaklands Road,Haywards Heath RH16 1SS /00840/FUL Marks And Spencer, Unit LSU1, The Orchards, Haywards Heath,West Sussex RH16 3TH /00909/OUT Star Place, Cottage Place, Copthorne Common Road, Copthorne,Crawley RH10 3LF 132 PART II - RECOMMENDED FOR REFUSAL ITEM REFERENCE LOCATION PAGE None PART III OTHER MATTERS ITEM REFERENCE LOCATION PAGE 1 TPO/14/0001 Tree Tops, Copthorne Road, Copthorne 144 1

2 MID SUSSEX DISTRICT COUNCIL PLANNING COMMITTEE B 17 APR 2014 PART I RECOMMENDED FOR APPROVAL Haywards Heath 1. Copyright and database rights 2012 Ordnance Survey LAND TO THE REAR OF 22 GOWER ROAD HAYWARDS HEATH WEST SUSSEX RH16 4PJ DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF SEVEN DWELLINGS. (PLEASE NOTE CORRECTED ADDRESS - 23/12/2013) TRENDLEBERE INVESTMENTS GRID REF: EAST NORTH POLICY: Areas of Townscape Character / Built Up Areas / / 2

3 ODPM CODE: Minor Dwellings 8 WEEK DATE: 18th April 2014 CASE OFFICER: Mrs Sarah Sheath 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 Planning permission is sought for the demolition of the existing buildings and the erection of seven new dwellings on land to the rear of 22 Gower Road, Haywards Heath. The Council is currently unable to demonstrate a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF clearly indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. The application site, lies close to town centre of Haywards Heath and therefore falls within the built up area as defined by the Mid Sussex Local Plan. The site is therefore deemed to be in a sustainable location. Whilst the loss of the existing commercial use of the site is regrettable, this is not considered to be a prime retail location and being surrounded by residential property, the redevelopment of this site with housing is considered appropriate and in accordance with the presumption in favour of such development set by the NPPF. The isolated nature of the site allows, in officer's opinion, an individual contemporary development to come forward without harming the character of the surrounding Area of Townscape Character. Whilst there will inevitably be some impact on the amenity of the surrounding occupiers, being a town centre, built up area it is not considered that the impact will be sufficiently detrimental to warrant refusal of permission. Furthermore access and parking arrangements are deemed acceptable. In conclusion the application proposals are deemed to comply with the objectives of the NPPF and Policies H3, B1, B3, B7, B16, T4 and T5 of the Mid Sussex Local Plan and can therefore be supported. Careful attention has been paid to all the objection letters and issues they raise, but for the reasons set out above, it is considered that the proposal is acceptable and should be approved. RECOMMENDATIONS Recommendation A: It is recommended that, subject to the completion of a satisfactory S106 planning to secure the necessary financial contributions towards infrastructure, planning permission be granted subject to conditions set out in Appendix A. 3

4 Recommendation B: If by the 18th April 2014 the applicants have not submitted a satisfactory signed planning obligation, then it is recommended that at the Head of Economic Promotion and Planning's discretion 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 in respect of infrastructure requirements to service development and as supplemented by the Council's Supplementary Planning Document "Development and Infrastructure" dated February 2006." SUMMARY OF REPRESENTATIONS Haywards Heath Society: We would query use of flat roofs and have some concerns regarding access onto Gower Road at a problem junction and car park. Otherwise no objection. 13 letters of objection raising the following concerns: - Oak tree in garden on 45 Haywards Road that will be affected by proposals. Request TPO is placed on it. - Loss of privacy/overlooking to my property/garden. - Loss of light. - Parking already an issue in this area. - Vehicles using the existing access already makes my house shake. - Surface water drains off the site into surrounding gardens. - Proposed houses are ugly and out of keeping. - Gower Road is a very busy road, due to narrow access could result in cars backing into this road, will result in danger to other vehicles and pedestrians. - Current traffic flow to/from the site is gentle - residential development will create rush hours. - Will increase congestion in locality. - Where will rubbish be collected from? - Can emergency vehicles access the site? - Loss of existing commercial trade at site. - Current use is extremely quiet - development will increase noise levels. - Will decrease the value of my property. - Subsidence will be an issue. - Loss of vegetation. - Development already taking place on Gower Road, no more needed. - No pavement for pedestrians exiting the site. - Water pressure poor in the area. - Will the future occupiers be allowed to erect sheds etc. - Dwellings will be overbearing. - Concerned re: use of access during construction. - A smaller development of the site would be more appropriate. - Sewerage system unable to cope with additional loading. - Existing buildings contain asbestos. - Will affect safety and habitat of domestic pets and wildlife. 4

5 SUMMARY OF CONSULTATIONS (Full responses from Consultees are included at the end of this report as Appendix B) MSDC Drainage Engineer No objections subject to conditions. MSDC Environmental Protection No objection subject to conditions. WSCC Infrastructure Financial contributions sought. MSDC Urban Designer This is a back-land site that is screened by surrounding on-street buildings from the existing public realm, so the proposed built form will only have a significant impact at the rear of these on-street houses. While the overall layout and architectural approach is acceptable in principle, I have two concerns: firstly, the small scale/sketchy quality of the submitted drawings, which do not clearly show the proposal, and secondly, the threshold area is unduly dominated by hard-standing and parking resulting in a poor approach to the main terraced frontage. I therefore have no objections subject to these points being addressed by condition. WSCC Highways No objections subject to conditions. MSDC Leisure Financial contributions sought. MSDC Contaminated Land Officer The property has been used as a builders yard. An assessment of risk regarding potential land contamination should be carried out in relation to the proposal and should be secured by way of a suitably worded planning condition. MSDC Tree Officer If the existing scheme is to be approved there should be a condition attached requiring the submission/approval of a detailed Arboricultural Method Statement prior to any works (including demolition) being carried out on site. HAYWARDS HEATH TOWN COUNCIL OBSERVATIONS No Objection - however, it was felt that 7 houses was a high density for the site and felt that 6 would be more acceptable. There were also concerns about the trees located on the site and how the drainage would affect the surrounding properties. Access was also a concern for emergency services and waste collection. Introduction Planning permission is sought for the demolition of the existing buildings and the erection of seven new dwellings on land to the rear of 22 Gower Road, Haywards Heath. Relevant Planning History There is no planning history relevant to the consideration of this application. 5

6 Site and Surroundings The application site lies to the rear of 22 Gower Road, close to the town centre of Haywards Heath. The site is currently occupied by a single large commercial building occupied by a Dulux Decorator Centre and a Glass shop. Access to the site is gained off Gower Road via a narrow single width driveway between 22 and 24 Gower Road. The frontage of the site is currently dominated by hard surface/car parking. The existing building is located in the south west corner of the site. The site is surrounded on all sides by residential development. These are generally pairs of semi-detached two storey Victorian dwellings with relatively generous rear gardens. In terms of planning policy the site falls within the built up area of Haywards Heath, as defined by the Mid Sussex Local Plan. It also falls within an Area of Townscape Character (also defined by the Mid Sussex Local Plan). Application Details Permission is sought for the redevelopment of the site with seven new residential dwellings. This is comprised of a terrace of six two-storey two-bedroom dwellings and a single detached two bedroom dwelling. The terrace of six dwellings is arranged on an east-west axis roughly central to the rear section of the site. Siting of the dwellings as such allows each of the dwellings a modest garden some 7 metres in length and allows the provision of a parking forecourt, giving a total of 12 parking spaces. The proposed detached dwelling would be located at the entrance of the site to the rear of 24 Gower Road. This dwelling would be part single, part two storey to take into account the relationship with the neighbouring dwellings. A contemporary aesthetic has been adopted, with the proposed dwellings all being rendered finish with flat roofs and cedar cladding added for interest. All of the proposed dwellings meet the Council's adopted space standards and will be built to a minimum code level 3 of the Code for Sustainable Homes. List of Policies National Policy National Planning Policy Framework (NPPF) 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. 6

7 With specific reference to decision-taking the document provides the following advice: "187. Local planning authorities should look for solutions rather than problems, and decisiontakers 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." Paragraph 197 states that "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. Mid Sussex Local Plan Policy B1 - Design Policy B3 - Neighbour Amenity Policy B4 - Energy and Water Conservation Policy B7 - Trees and Development Policy B16 - Areas of Townscape Character Policy H3 - Housing Policy Policy E2 - Retention of land for Business Purposes Policy T4 - Transport and New Development Policy T5 - Parking Standards Assessment (Consideration of Key Issues) Principal 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. 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 National Planning Policy Framework (NPPF), which was issued in March 2012, is materially relevant and shall be afforded significant weight. Para 14 of the NPPF sets out the presumption in favour of sustainable development, and states that, where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless: 7

8 - "any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework as a whole; or - Specific policies in this Framework indicate development should be restricted". Para 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." This Council cannot currently demonstrate a five-year housing land supply for the District. Paragraph 17 confirms that the NPPF seeks to encourage the effective re-use of previously developed sites. As the site falls within the built up area of Haywards Heath and is in very close proximity to the town centre, the site is considered suitably sustainable in location and therefore the principle of infill development is considered to be in accordance with the NPPF and Policy H3 of the Mid Sussex Local Plan. Paragraph 47 of the NPPF confirms that local planning authorities should be seeking to boost significantly the supply of housing. The proposal therefore has to be considered in light of the core planning principles set out in the NPPF, any other relevant planning policies and any other material planning considerations i.e. previous planning history and appeal decisions. In this case the main issues to consider are: a) Loss of the existing use b) Design and impact on the character of the area c) The impact on neighbouring amenities d) Access and parking LOSS OF THE EXISTING USE It is understood that the current lawful use of the site would fall within Use Class A1 of the Town and Country Use Classes Order, 1987, as amended. Whilst the site does not fall within the main high street frontage and is not therefore defined as either primary or secondary shopping frontage by the Mid Sussex Local Plan the site is extremely close to the main shopping centre of the town and therefore the potential impact of the loss of an existing A1 shop use on the vitality and viability of the town centre is deemed to be a material consideration of the application proposals. To this effect Policy S7 of the Local Plan is considered to be of relevance to the determination of this application. This policy states: "In order to maintain the range and availability of local shopping facilities changes of use from Class A1 shop use to other uses will be resisted in the villages and in neighbourhood centres. In exceptional circumstances, where the retail use is shown to be no longer viable, a change of use to Class A2 financial and professional services, A3 food and drink use, B1a office use, medical use or residential use will be permitted providing that: (a) (b) (c) it can be shown that the existing use is no longer viable; adequate parking facilities are available; the proposal would not have an unacceptable impact on the amenity of the area." 8

9 Whilst it is accepted that this site is not necessarily a "neighbourhood centre" per se, the spirit of the policy requirements are deemed relevant and consistent with the aims of the NPPF that states at paragraph 23: " local planning authorities should: - Recognise town centres as the heart of their communities and pursue policies to support their viability and vitality;.." The applicants agent was asked to provide some background information is to the intentions of the existing site occupiers i.e. had they given an indication that they were considering vacating/relocating. However on the basis that he did not consider the protection of the existing retail use to be a policy requirement he deemed there to be no requirement for the applicant to show that the existing site was inappropriate or unviable or that the proposal would bring about a wider community benefit. He did however note that: "given the housing land supply situation in the district, providing additional dwellings of a type for which there is particular need, in a highly sustainable location, would be a benefit to the community. The existing use is a non-conforming one as the site is surrounded entirely by residential properties with, at least, potential for conflict between uses." It is accepted that the site does not fall within a prime retail location and in light of the Council's current housing land supply shortfall and the advice given at paragraphs 14 and 49 of the NPPF, it is considered that provided the application proposals are deemed "sustainable" in accordance with the three dimensions of sustainable development as set out in the NPPF, re-development of the site with a residential development would be acceptable. As set out above, paragraph 7 of the NPPF 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. ECONOMIC ROLE As set out above, the redevelopment of this site will result in the loss of two existing commercial units. However the construction of seven new dwellings will make a positive contribution to the building industry in the area. At a recent appeal decision (28 Gatehouse Lane) where the Inspector was considering just a single dwelling just outside of the defined built up area of Bolney, it was determined that this would satisfy the economic dimension of sustainable development as set out in the NPPF. On this basis it can equally be argued that the development of seven new houses would satisfy the economic dimension of sustainable development. SOCIAL ROLE The NPPF seeks to promote a strong vibrant and health community by providing the supply of housing required to meet the needs of present and future generation 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 Council's lack of five year housing supply has already been outlined above, and the erection of seven new dwellings will clearly add to Council's housing stock. 9

10 ENVIRONMENTAL ROLE As noted above the application site falls within an Area of Townscape Character as defined by the Mid Sussex Local Plan. Within such areas Policy B16 of the Local Plan is applicable. This policy states: "When determining applications for development in an Area of Townscape Character, particular regard will be had to the impact on the character and appearance of the area. Development in an Area of Townscape Character should retain features important to the character of the area. In particular, proposals should: (a) (b) (c) retain trees, frontage hedgerows and walls which contribute to the character and appearance of the area; retain areas of open space, (including private gardens) which are open to public view and contribute to the character and appearance of the area; and avoid the demolition of existing buildings which contribute to the character and appearance of the area." Notwithstanding this, paragraph 60 of the NPPF states that "planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles." The existing site and its buildings cannot be said to be typical of the existing character of the area and in fact could arguably be said to detract from the prevailing character of semidetached Victorian dwellings. Furthermore there are no trees, hedgerow or walls that would be lost as a result of these proposals. As a result a well designed residential development could enhance the visual qualities of the area. The Council's Urban Designer was asked to comment on the application proposals and his full comments are available at Appendix B of this report. As can be seen he is of the opinion that the general layout of the proposed dwellings is appropriate and will give a well overlooked/defined public threshold at the front of the site with secure/private south facing gardens at the rear. However he has raised some concerns in relation to the frontage being too hard edged and as a result he has suggested that some of the car parking be removed to allow more soft landscaping to be introduced. Whilst these comments are indeed noted, and they would no doubt provide an improved appearance to the site frontage, the existing very hard nature of the site has to be taken into consideration. At present the site is totally dominated by the existing building and hard surfacing which will be broken down by these development proposals. Whilst the Urban Designers comments are therefore noted it is not considered that this would be sufficient reason to resist the development proposals (further comments in relation to the level of car parking are set out below). In terms of the contemporary architectural approach, it is the Urban Designers view that this is acceptable, particularly given the sites isolation from the surrounding streets. He comments: "The strong repeated rhythm of the vertically proportioned terrace of houses 1-6 appears to work well, with the saw-tooth/staggered frontage configuration providing good articulation /definition of the individual houses. The horizontally proportioned detached house 7 has a contrasting free-form aesthetic; this seems to also work as its modern aesthetic and facing materials relate to the terrace." 10

11 Whilst he comments that the 6 metre height of the dwellings seems to be high, the street sections indicate that the proposed terraced dwellings would sit lower than the ridge height of the surrounding dwellings and on this basis, again the height of the dwellings is not deemed to be a particular concern. For these reasons the application proposals are considered to be acceptable in terms of their design, layout and impact on the character of the area and comply with the relevant criteria of Policy B1, B16, H3 and H2 of the Local Plan. One of the letters of objection received raised concerns in relation to the close proximity of the proposed development to an Oak Tree in the rear garden of no. 45 Haywards Road. As a result the applicants were asked to provide an Arboricultural Report which has been considered by the Council's Tree Officer. Whilst this report confirms that the dwellings can be constructed without having a significant adverse effect on the Oak tree it is the Tree Officer's opinion that the development proposals do not adequately take into account the fact that the proposed development is for residential use and therefore, the impact of living immediately adjacent to this mature tree will be of greater significance than the current situation. As a result it is likely that any new owner of the property (plot 1) is likely to put pressure on the tree owner to remove or carry out significant pruning works to the tree. Notwithstanding these points it is his opinion that it would be difficult to justify a refusal of permission on this basis subject to an appropriately worded planning condition requiring the submission/approval of a detailed Arboricultural Method Statement prior to any works (including demolition) being carried out on site. On this basis the application is deemed to comply with Policy B7 of the Mid Sussex Local Plan and in general the impact on the character of the locality is not considered significantly harmful. OTHER MATERIAL CONSIDERATIONS: LOCALISM, GROWTH AND ECONOMIC IMPACT Part 6 of the Localism Act was enacted on 16th January This requires the Local Planning Authority 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 the new dwellings proposed. ACCESS/PARKING: A number of the letters of objection have raised concerns in relation to the use of the existing access to serve a residential development and the lack of parking proposed on site. The access to the site is indeed relatively narrow but does currently serve two existing commercial premises. Whilst it is understood that these commercial uses only currently operate during the day and not on Sundays or Bank Holidays they are not restricted to such times by any planning conditions and therefore could operate 24 hours a day, seven days a week. 11

12 In terms of comparable trip rates a residential development of the scale proposed could result in significantly less traffic movements than the existing lawful use of the site. Interrogation of the road traffic accident database for the junction of Gower Road and the application site reveals that there have not been any casualties at this location in the last three years and on this basis West Sussex Country Council (WSCC) Highways Authority has not raised any objections to the application proposals. In terms of parking provision at the site, the applicants have indicated that 12 parking spaces would be provided. This level of parking accords with WSCCs parking demand calculator which actually indicated that only 11 parking spaces are required. On the basis that the LPA operates maximum parking standards and with the site being so close to the town centres it is quite possible that were the parking provision to be reduced on site (as requested by the Urban Designer) no objection would be raised. However, as a large number of the objections to this proposal are in relation to lack of parking and possible overspill into the neighbouring streets, it is considered appropriate to maintain the level of parking that has been indicated. Consequently the application is deemed to comply with Policies T4 and T5 of the Mid Sussex Local Plan. NEIGHBOUR AMENITY The majority of the letters of objection that have been received in relation to this application have raised concerns in relation to loss of privacy, outlook and light to the surrounding dwellings. Concerns have also been raised in relation to the proximity of the proposed dwellings creating an overbearing presence. When looking at the proposed terrace of dwellings it is noted that they have been arranged on the site to allow a gap of between 0.5 metres and 1.5 metres to the western boundary of the site and a similar distance to the eastern boundary. The neighbouring properties to the east and west have relatively good sized rear gardens measuring some metres in length. Whilst the proposed dwellings, at a height of some 6 metres will therefore be visible above the boundary fence lines, especially to 43 and 45 Haywards Road and 30 and 32 Gower Road it is not considered, within a built up area such as this, that these relationships will be significantly harmful to the amenities of the surrounding occupiers in breach of the requirements of Policy B3 of the Mid Sussex Local Plan. Furthermore, internally the dwellings have been arranged so that only one first floor window is proposed in each end elevation. These windows are to serve a landing and bathroom only and are shown to be obscure glazed. A suitably worded planning condition could be used to ensure that this remains so and that they are top vent opening only. In terms of the rear facing first floor windows, these would be set some 6-7 metres from the rear boundary of the site and would overlook the very far end of the rear garden serving 36 Gower Road. With any application proposal such as this there is inevitably some impact on neighbour amenity, however the policy test is that of significance. This neighbouring dwelling has a rear garden some 24 metres in length and on the basis that the sites fall within a built up area, close to the town centre where one would expect some overlooking between properties, whilst some loss of privacy is likely to result, it is officers opinion that the impact is not so significant to warrant the refusal of permission. In considering the relationship of the detached dwelling with its neighbouring properties, it is clear that the design of the dwelling has been influenced by these relationships. 12

13 As noted above the dwelling is part single/part two-storey meaning that the two storey element is set at least some 16 metres from the first floor rear elevation of 24 and 26 Gower Road. This first floor elevation is proposed to be blank. At first floor in the north and south elevations again only bathroom and landing windows are proposed that can be conditioned to remain obscure glazed. The main first floor aspect from this dwelling is proposed to face west, across the application site itself. As such, the relationship between the surrounding dwellings and the detached dwelling is also considered acceptable. INFRASTRUCTURE Contributions are required in accordance with the Council's adopted Supplementary Planning Document "Development and Infrastructure" and are requested in accordance with policies G3, R3 and R4 of the Mid Sussex Local Plan. The payments that would be required are set out as follows: Education - Primary 16,566 Education - Secondary - 17,830 Libraries - 1,486 TAD Community Buildings - 2,957 Local Community - 3,850 Play/Kickabout: 7,253 Formal: 6,807 (for use towards formal sports facilities in Haywards Heath) It is considered that all of these contributions would meet the tests of the Community Infrastructure Levy (CIL) Regulations. The applicants have been made aware of these requirements and a Section 106 Legal Agreement will be required to secure the payments. The applicants are currently in discussion with the Council in regards to reaching an agreement. A satisfactorily completed and signed Legal Obligation must be received within the 8-week timescale of the application (18th April 2014), and as such if an agreement has not been received by this date, or the applicants are unwilling to make the requested payments, the application should be refused based upon the lack of infrastructure payments. A dual recommendation is therefore suggested. OTHER MATTERS DRAINAGE A number of concerns have been raised in relation to surface water drainage being poor in the area, and possible flooding as a result of this proposal. Whilst these concerns are noted, the redevelopment of this site will allow the implementation of a formal drainage proposal, details of which can be secured by way of a suitably worded planning condition. This should ensure that the site it adequately drained without worsening any existing problems. SUBSIDENCE Additionally a number of comments have been made in relation to the shallow nature of the foundations of the surrounding dwelling, and the possibility of subsidence as a result of the development of this site. This is not however a planning matter and it would be the responsibility of the applicant to ensure that any approved development is carried out in such a manner to prevent damage to the surrounding properties. 13

14 Conclusions The Council is currently unable to demonstrate a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF clearly indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. The application site, lies close to town centre of Haywards Heath and therefore falls within the built up area as defined by the Mid Sussex Local Plan. The site is therefore deemed to be in a sustainable location. Whilst the loss of the existing commercial use of the site is regrettable, this is not considered to be a prime retail location and being surrounded by residential property, the redevelopment of this site with housing is considered appropriate and in accordance with the presumption in favour of such development set by the NPPF. The isolated nature of the site allows, in officer's opinion, an individual contemporary development to come forward without harming the character of the surrounding Area of Townscape Character. Whilst there will inevitably be some impact on the amenity of the surrounding occupiers, being a town centre, built up area it is not considered that the impact will be significantly detrimental to warrant refusal of permission. Furthermore access and parking arrangements are deemed acceptable. In conclusion the application proposals are deemed to comply with Policies H3, B1, B3, B7, B16, T4 and T5 of the Mid Sussex Local Plan and can therefore be supported. Careful attention has been paid to all the objection letters and issues they raise, but for the reasons set out above, it is considered that the proposal is acceptable and should be approved. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act Pre-commencement conditions 2. No development shall take place, 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, 14

15 - 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), - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area and to accord with Policy B3 of the Mid Sussex Local Plan. 3. No development shall take place unless and until there has been submitted to and approved in writing by the Local Planning Authority a detailed Arboricultural Method Statement and 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 and B7 of the Mid Sussex Local Plan. 4. No development shall be carried out unless and until samples and/or a schedule of materials and finishes to be used for external walls and roofs of the proposed dwellings have been submitted to and approved by the Local Planning Authority. 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. 5. No development shall commence unless and until the following matters have been addressed/provided: 1. Site Characterisation An investigation and risk assessment must be 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 to be 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, 15

16 - groundwaters and surface waters, - ecological systems, - archeological 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 must be undertaken in accordance with the requirements of part 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of part 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 part 3. 16

17 Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to comply with Policy CS20 of the Mid Sussex Local Plan. 6. Prior to the commencement of development 1:20 section details of: - plot 1 through the front sitting room and bedroom window of house 1 showing the projecting entrance bay in elevation; and - plot 7 through the front door and cantilevered 1st floor cedar clad bay showing the bedroom window from the inside, shall be submitted to and approved by the Local Planning Authority. The development shall not be carried out otherwise than in accordance with such details. Reason: To ensure these aspects of the development are compatible with the design of the building and the character of the area and to accord with Policy B1 of the Mid Sussex Local Plan. 7. No development shall commence until details of the proposed surface water drainage and means of disposal have been submitted to and approved 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. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan Construction phase 8. 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. 9. No work for the implementation of the development hereby permitted shall be undertaken on the site on public holidays or at any other times except between the hours of 8am and 6pm on Mondays to Fridays and between 9am and 1pm Saturdays. 17

18 Reason: To safeguard the amenities of nearby residents and to accord with Policy B3 of the Mid Sussex Local Plan. Pre-occupation conditions 10. The dwellings hereby approved shall not be occupied until the parking spaces and turning facilities shown on the submitted plans have been provided and constructed. The areas of land so provided shall not thereafter be used for any purpose other than the parking/turning/and garaging of vehicles. Reason: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways and to accord with Policy T6 of the Mid Sussex Local Plan. 11. 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 T4 of the Mid Sussex Local Plan. 12. No part of the development shall be first occupied until provision has been made within the site in accordance with plans and details to be submitted to and approved by the Local Planning Authority to prevent surface water draining onto the public highway. Reason: In the interests of road safety and to comply with Policy T4 of the Mid Sussex Local Plan. Post-occupation monitoring/management conditions 13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 or as amended in the future, no enlargement, improvement or other alteration of the dwelling house, whether or not consisting of an addition or alteration to its roof, nor any other alteration to its roof, shall be carried out, without the specific grant of planning permission from the Local Planning Authority. Reason: To prevent the overdevelopment of the site and to accord with Policy B1 of the Mid Sussex Local Plan. 14. The first floor windows on the north and south elevation of plot 7; and the first floor windows in the east and west elevations of plots 1 and 6 shall at all times be glazed with obscured glass fixed to be top vent-opening only. Reason: To protect the amenities and privacy of the adjoining property and to accord with Policy B3/B2/B1/H3 of the Mid Sussex Local Plan. 18

19 INFORMATIVES 1. In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 2. The applicant is advised that as the estate roads are to remain private/unadopted, the Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard. 3. The applicant is advised of the requirement to enter into early discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. 4. 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 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: - Measures shall be implemented to prevent dust generated on site from crossing the site boundary during the demolition/construction phase of the development. - 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

20 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 Location and Block Plan D Proposed Site Plan Proposed Floor and Elevations Plan Proposed Floor and Elevations Plan Other PLANNING STATEMENT Other S106 AGREEMENT APPENDIX B CONSULTATIONS MSDC Drainage Engineer Please can a standard drainage condition be placed on this application, to ensure that details are provided. I will expect the drainage for this development to be able to cater for the 1 in 100 year storm event plus 30% capacity for climate change. The use of Sustainable Drainage Systems (SuDS) can offer solutions to meeting these requirements. MSDC Environmental Protection This application site is in close proximity to neighbouring properties. I would therefore recommend the following conditions: Conditions: - 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. 20

21 - Minimise dust emissions: Demolition/Construction work shall not commence until a scheme for the protection of neighbouring properties from dust during the construction phase has been submitted to and approved by the local planning authority. Reference should be made to the Institute of Air Quality Management's "Guide to the Assessment of the Impacts of Construction on Air Quality and the Determination of their Significance". The scheme as approved shall be operated at all times during the construction phases of the development. Reason: to protect the amenity of local residents from dust emissions during construction. - 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. 21

22 WSCC Infrastructure Summary of Density per Infrastructure Demands Education Library Locality Haywards Heath Population Adjustment 12.6 Primary Secondary 6th Form Child Product Total Places Required Contribution towards Hassocks/ Hurstpierpoint/Steyning Contribution towards Burgess Hill Contribution towards East Grinstead/Haywards Heath Population Adjustment Sqm per population Waste Adjusted Net. Households Fire No. Hydrants Population Adjustment /head of additional population TAD- Transport Net Population Increase Net Parking Spaces Net Commercial Floor Space sqm Total Access (commercial only) Summary of Contributions S106 type Education - Primary Secondary Education - 6 th Form Libraries Waste Fire & Rescue No. of Hydrants TAD Locality Haywards Heath Note: The above summary does not include the installation costs of fire hydrants. Where these are required on developments, (quantity as identified above) as required under the Fire Services Act 2004 they will be installed as a planning obligation and at direct cost to the developer. (Section 106 of the Town and Country Planning Act) , / N/A N/A Monies Due 16,566 17,830 No contribution required 1,486 No contribution required No contribution required No hydrants required

23 Hydrants should be attached to a mains capable of delivering sufficient flow and pressure for fire fighting as required in the National Guidance Document on the Provision of Water for Fire Fighting 3rd Edition ( Appendix 5) The above contributions are required pursuant to s106 of the Town and Country planning Act 1990 to mitigate the impacts of the subject proposal with the provision of additional County Council service infrastructure, highways and public transport that would arise in relation to the proposed development. Planning obligations requiring the above money is understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, 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 All TAD contributions have been calculated in accordance with the stipulated local threshold and the methodology adopted as Supplementary Planning Guidance (SPG) in November The calculations have been done on the basis of an increase in 7 Net dwellings. And A decrease of 11 car parking spaces. Further to the monetary contributions The County Fire Officer advises that the proposed development will not need to include the provision of a fire hydrant connected to adequate supplies of water for fire fighting (Contact: David Boarer - Fire Services ). It should also include suitable access for fire brigade vehicles and equipment. Please see below for a Breakdown and explanation of the WSCC Contribution Calculators. Also see the attached spreadsheet for the breakdown of the calculation figures. For further explanation please see the Sussex County Council website ( 5. Deed of Planning Obligations a) As a deed of planning obligations would be required to ensure payment of the necessary financial contribution, the County Council would require the proposed development to reimburse its reasonable legal fees incurred in the preparation of the deed. b) The deed would provide for payment of the financial contribution upon commencement of the development. c) In order to reflect the changing costs, the deed would include arrangements for review of the financial contributions at the date the payment is made if the relevant date falls after 31st March

24 d) Review of the contributions towards school building costs should be by reference to the DfE adopted Primary/Secondary school building costs applicable at the date of payment of the contribution and where this has not been published in the financial year in which the contribution has been made then the contribution should be index linked to the DfE cost multiplier and relevant increase in the RICS BCIS All-In TPI. This figure is subject to annual review. e) Review of the contribution towards the provision of additional library floorspace should be by reference to an appropriate index, preferably RICS BCIS All-In TPI. This figure is subject to annual review. Recent experience suggests that where a change in contributions required in relation to a development or the necessity for indexation of financial contributions from the proposed development towards the costs of providing service infrastructure such as libraries is not specifically set out within recommendations approved by committee, applicants are unlikely to agree to such provisions being included in the deed itself. Therefore, it is important that your report and recommendations should cover a possible change in requirements and the need for appropriate indexation arrangements in relation to financial contributions. Please ensure that applicants and their agents are advised that any alteration to the housing mix, size, nature or tenure, may generate a different population and thus require reassessment 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. Where the developer intends to keep some of the estate roads private we will require provisions in any s106 agreement to ensure that hey are properly built, never offered for adoption and that a certificate from a suitably qualified professional is provided confirming their construction standard. 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. Please see below for a Breakdown of the Contribution Calculators for clarification of West Sussex County Council's methodology in calculating Contributions. For further explanation please see the Sussex County Council website ( Breakdown of Contribution Calculation Formulas: 1. School Infrastructure Contributions The financial contributions for school infrastructure are broken up into three categories (primary, secondary, sixth form). Depending on the existing local infrastructure only some or none of these categories of education will be required. Where the contributions are required the calculations are based on the additional amount of children and thus school places that the development would generate (shown as TPR- Total Places Required). The TPR is then multiplied by the Department for Children, Schools and Families school building costs per pupil place (cost multiplier). 24

25 School Contributions = TPR x cost multiplier a) TPR- Total Places Required: TPR is determined by the number of year groups in each school category multiplied by the child product. TPR = (No of year groups) x (child product) Year groups are as below: - Primary school- 7 year groups (aged 4 to 11) - Secondary School- 5 year groups (aged 11 to 16) - Sixth Form School Places- 2 year groups (aged 16 to 18) Child Product is the adjusted education population multiplied by average amount of children, taken to be 14 children per year of age per 1000 persons (average figure taken from 2001 Census). Child Product = Adjusted Population x 14 / 1000 Note: The adjusted education population for the child product excludes population generated from 1 bed units, Sheltered and 55+ Age Restricted Housing and Social Rented Housing as a nil child product is assumed for these dwellings. b) Cost multiplier- Education Services The cost multiplier is a figure released by the Department for Education. It is a school building costs per pupil place as at 2013/2014, updated by Royal Institute of Chartered Surveyors Building Cost Information Service All-In Tender Price Index. Each Cost multiplier is as below: - Primary Schools- 13,416 per child - Secondary Schools- 20,215 per child - Sixth Form Schools- 21,924 per child 2. Library Infrastructure There are two methodologies used for calculating library infrastructure Contributions. These have been locally tailored on the basis of required contributions and the nature of the library in the locality, as below: Library infrastructure contributions are determined by the population adjustment resulting in a square metre demand for library services. The square metre demand is multiplied by a cost multiplier which determines the total contributions as below: Contributions = SQ M Demand x Cost Multiplier a) Square Metre Demand The square metre demand for library floor space varies across the relevant districts and parishes on the basis of library infrastructure available and the settlement population in each particular locality. The local floorspace demand (LFD) figure varies between 30 and 35 square metres per 1000 people and is provided with each individual calculation. Square Metre Demand = (Adjusted Population x LFD) /

26 b) Cost Multiplier- Library Infrastructure WSCC estimated cost of providing relatively small additions to the floorspace of existing library buildings is 3,930 per square metre. This figure was updated by WSCC's Quantity surveyor for the 2013/2014 period. 3. Fire & Rescue Service Infrastructure The Fire and Rescue Services infrastructure contribution is determined by the population adjustment multiplied by the relevant cost multiplier for the provision of services. Fire and Rescue Contributions = Adjusted Population x Cost Multiplier a) Adjusted Population This is the sum of the occupancy rates for the net dwelling increase with the exclusion of social housing increase. b) Cost Multiplier- Fire Rescue There are two cost multipliers for WSCC which relate to the Southern Division and the Northern Division. The cost multiplier is calculated by dividing the total cost of necessary fire and rescue infrastructure within the division by the projected population for The cost multipliers are as below: Southern Division (Chichester, Arun, Worthing and Adur): 13 per person Northern Division (Horsham, Crawley, Mid Sussex): 50 per person in Horsham, 92 per person in Crawley Note: The installation costs of fire hydrants are excluded from the above and will continue to be required on developments as a direct cost to the developer as required under the Fire Services Act TAD- Total Access Demand The methodology is based on total access to and from a development. An Infrastructure Contribution is required in respect of each occupant or employee provided with a parking space, as they would be more likely to use the road infrastructure. The Sustainable Transport Contribution is required in respect of each occupant or employee not provided with a parking space which would be likely to rely on sustainable transport. TAD = Infrastructure contribution + Sustainable Transport contribution a) Infrastructure Contribution Contributions for Infrastructure are determined by the net increase in car parking spaces, multiplied by WSCC's estimated cost of providing transport infrastructure per vehicle- Infrastructure cost multiplier. The Infrastructure cost multiplier as at 2012/2013 is 1,000 per parking space. Infrastructure contributions = Car parking spaces x Cost multiplier. b) Sustainable Transport Contribution This is derived from the net car parking increase subtracted from the projected increase in occupancy of the development. The sustainable transport contribution increases where the population is greater than the parking provided. The sustainable transport figure is then multiplied by County Council's estimated costs of providing sustainable transport infrastructure cost multiplier ( 500). Sustainable transport contr. = (net car parking - occupancy) x 500 Note: occupancy is determined by projected rates per dwelling and projected people per commercial floorspace as determined by WSCC. 26

27 MSDC Urban Designer Summary and Overall Assessment This is a back-land site that is screened by surrounding on-street buildings from the existing public realm, so the proposed built form will only have a significant impact at the rear of these on-street houses. While the overall layout and architectural approach is acceptable in principle, I have two concerns: firstly, the small scale/sketchy quality of the submitted drawings, which do not clearly show the proposal, and secondly, the threshold area is unduly dominated by hard-standing and parking resulting in a poor approach to the main terraced frontage. I therefore have no objections subject to these points being addressed by condition. Detailed Assessment of the Layout The terrace of houses (1-6) has been sensibly positioned providing a well overlooked / defined public threshold on the north / entrance side and secure / private south facing gardens at the rear. House 7 also provides passive surveillance closer to the site entrance, although it suffers from being squeezed in to its modest plot. While the proposed terraced houses benefits from reasonably deep front gardens, in other respects the rest of the front threshold area is hard-edged. The "amenity" area is isolated from the main part of the site and does little to soften the threshold. Given the proximity of the site to the town centre, I feel the car parking could be reduced by 2 or 3 spaces. This would allow much more of the area in front of the houses to be soft landscaped / grassed, and thereby provide a significant improvement to the setting and the approach to the terraced houses. The rear access alleys would benefit from being secured with a lockable gate at the front/side of houses 1 and 6. Detailed Assessment of the Elevations The contemporary architectural approach is acceptable particularly given the sites isolation from the surrounding streets. The strong repeated rhythm of the vertically proportioned terrace of houses 1-6 appears to work well, with the saw-tooth / staggered frontage configuration providing good articulation / definition of the individual houses. The horizontally proportioned detached house 7 has a contrasting free-form aesthetic; this seems to also work as its modern aesthetic and facing materials relate to the terrace. Unfortunately the small scaled drawings do not provide a sufficient level of detail (NB: the scale stipulated on the drawings relates to A1 rather than the submitted A3 drawings). For instance, the window pattern is difficult to discern and the cedar cladding strip on the west elevation of 1-6 appears to be inconsistent with the west elevation. The junction of the cedar cladding (*local sweet chestnut would also be a more sustainable choice) and the render needs to be properly illustrated on both the terrace and the detached house. Care also needs to be taken to avoid irregular weathering of the timber cladding that can look unsightly. I feel we need: - 1:50 elevations (with a level of detail consistent with the larger scale) of plots 1 and :20 section details of plot 1 through the front sitting room and bedroom window of house 1 showing the projecting entrance bay in elevation - 1:20 section details of plot 7 through the front door and cantilevered 1st floor cedar clad bay showing the bedroom window from the inside. 27

28 Rising to 6m high, the terraced houses also seems to be higher than they need to be; I would like to see them more in line with the 5.4m height of house 7. WSCC Highways WSCC provided pre-application advice to the applicant on 3rd September The advice has been incorporated into this planning application (HH)13/04324/FUL and the additional information requested by WSCC has been considered. The layout of the parking area has been re-arranged and car parking spaces have been separated into blocks to avoid concentration of parked cars. 11 spaces have been created as per WSCC maximum car parking standards. This number of spaces is considered appropriate for the number and type of dwellings and as such parking should be managed effectively within the confines of the development. WSCC raised concerns over two parallel parking spaces which have been relocated to the right hand side of the access road. This provides better visibility and a suitable turning space for refuse/fire appliances has been created with good forward visibility to enter, turn and exit in forward gear. One disabled parking space is also included as per MFS recommendation to have at least 5% of parking for disabled users. No dimensions are indicated on the drawings provided however using the scale bar provided there is 3.1m between vertical upstandings, that is between the walls of house no 22 and 24, and this meets the minimum width set by the Fire and Rescue Services Act An Interrogation of the road traffic accident database for the junction of Gower Road and the Dulux Decorator centre reveals there have not been any casualties at this location in the last three years. As the development will re-use the existing access point WSCC raise no concerns over its proposed use given that the anticipated trips generated from 7 dwellings will be significantly lower than those currently experienced by the decorator centre. Your proposals also include cycle storage which is accessible, covered and secure for up to three bicycles per dwellings, and is in-line with current standards. As the town of Haywards Heath offers plenty of safe cycle routes, a mainline railway station and good local bus services the development site is considered to be in a sustainable location. The site is also close to local shops, schools and amenities and residents will have the potential to travel in sustainable modes for their every day needs. In summary WSCC raise no objection subject to any conditions attached. Prevention of Surface Water Draining onto Public Highway No part of the development shall be first occupied until provision has been made within the site in accordance with plans and details to be submitted to and approved by the Local Planning Authority to prevent surface water draining onto the public highway. Reason: In the interests of road safety. 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. 28

29 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 the approved plan. These spaces shall thereafter be retained for their designated use. Reason: To provide adequate on-site car parking and turning space for the development. CONSTRUCTION Construction Management Plan No development shall take place, 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), details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area. Private Roads The applicant is advised that as the estate roads are to remain private/unadopted, the Highway Authority would require provisions in any s106 agreement to confirm that the estate roads would not be offered for adoption at a later date and wording included to ensure that the carriageways, footways and casual parking are properly constructed, surfaced and drained, and that the works are appropriately certified from a suitably qualified professional confirming the construction standard. Temporary Works Required During Construction The applicant is advised of the requirement to enter into early discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. MSDC Leisure Thank you for the opportunity to comment on the plans for the development of 7 residential dwellings on land rear of 22 Gower Road, Haywards Heath on behalf of the Head of Leisure and Sustainability. 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. 29

30 CHILDRENS PLAYING SPACE Victoria Park, owned and managed by the Council, is the nearest locally equipped play area approximately 250m from the development site. This facility will face increased demand from the new development and a contribution of 7,253 is required to make improvements to play equipment ( 5,652) and kickabout provision ( 1,602) for older children. 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 6,807 is required toward formal sport facilities in Haywards Heath. PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. 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 2,957 is required to make improvements to community buildings in Haywards Heath. In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the number of units proposed and average occupancy (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 Contaminated Land Officer The property has been used as a builders yard. An assessment of risk regarding potential land contamination should be carried out in relation to the proposal. The following condition is appropriate: 1. Site Characterisation An investigation and risk assessment must be 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: 30

31 - 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, - archeological 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 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. 31

32 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. Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. MSDC Tree Officer Although the arboricultural report indicates that the building can be constructed without having a significant adverse effect on the offsite mature Oak tree it does not adequately take into account the fact that the proposed development is for residential use and, therefore, the impact of living immediately adjacent to this mature tree will be of greater significance than the current situation. In addition to this it should be noted that any new owner of the property is likely to put pressure on the tree owner to remove or carry out significant pruning works to the tree. The Council should be seeking to use this redevelopment of the site as an opportunity to reduce conflict between the site and the mature Oak tree by increasing the amount of clearance between it and the building. I don't believe that you could justify a refusal based on the effect/impact on the tree but the deletion of a unit would overcome my concerns regarding the proposed layout. If the existing scheme is to be approved there should be a Condition attached requiring the submission/approval of a detailed Arboricultural Method Statement prior to any works (including demolition) being carried out on site. 32

33 East Grinstead 2. Copyright and database rights 2012 Ordnance Survey GARLAND COURT GARLAND ROAD EAST GRINSTEAD WEST SUSSEX RH19 1DN DEMOLITION OF EXISTING OFFICE BUILDING AND ERECTION OF A SINGLE BUILDING COMPRISING 47 RESIDENTIAL UNITS TOGETHER WITH ASSOCIATED CAR PARKING, VEHICULAR ACCESS AND SERVICING AMENITY SPACE AND CYCLE PARKING. WELLSBOROUGH DEVELOPMENTS LTD. GRID REF: EAST NORTH POLICY: Ashdown Forest SPA/SAC / Areas of Townscape Character / Built Up Areas / Planning Agreement / Planning Obligation / Planning Agreement / Planning Obligation / Aerodrome Safeguarding (CAA) / Aerodrome Safeguarding (CAA) / In Built up Area / ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 2nd May 2014 CASE OFFICER: Mrs Sarah Sheath 33

34 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 Planning permission is sought for the demolition of the existing office building known as Garland Court, Garland Road, East Grinstead and the erection of a single replacement building consisting of 47 residential units together with associated car parking, vehicular access, servicing amenity space and cycle parking. The application site falls within the built up area of East Grinstead, in a sustainable location close to the town centre and train station. Whist the loss of the existing office floor space is regretted the applicants have confirmed that occupancy of the building has been in decline in recent years and part of the building is now vacant, despite consistent efforts by the marketing agents. With this in mind, taking into account the guidance set out in the NPPF, Mid Sussex's current inability to demonstrate a five year housing land supply and bearing in mind the fact that prior approval has also been granted for the change of use of the premises to residential accommodation under permitted development rights, it is not considered that there are any strong economic reasons why the loss of the existing business floor space would be inappropriate. The redevelopment of the site with a number of small, well laid out residential flats will provide a beneficial re-use for the site in line with Development Plan Policies that will also go towards meeting the District's current shortfall in housing supply. The proposed design of the flatted scheme is considered acceptable, and will be in keeping with the character of the locality. A number of existing flatted developments already exist to the north and east however the scheme sits equally as comfortably with the smaller scale residential development to the south and west and ensures no significant harm to the amenity of surrounding occupiers. Subject to confirmation from WSCC Highways Authority that they have no objections to the re-use of the existing access and provision of 42 parking spaces for the proposed dwellings is deemed acceptable in this location, no significant harm is anticipated to the highway network. For these reasons the application is deemed to represent sustainable development for the purposes of the NPPF and also complies with Policies E2, B1, B3, H2, H3, T4 and T5 of the Mid Sussex Local Plan. RECOMMENDATIONS Recommendation A: It is recommended that, subject to the completion of a satisfactory S106 planning to secure the necessary financial contributions towards infrastructure, planning permission be granted subject to conditions set out in Appendix A. Recommendation B: If by the 2nd May 2014 the applicant has not entered into a Section 106 Agreement for infrastructure payments it is recommended that at the Head of Economic Promotion and Planning's discretion planning permission is refused for the following reasons: 34

35 "1. The proposal does not satisfy the requirements of Policies G3 and R4 of the Mid Sussex Local Plan in respect of infrastructure requirements to service development and as supplemented by the Council's Supplementary Planning Document "Development and Infrastructure" dated February The LPA are not satisfied that the proposed development would not have an adverse impact on the Ashdown Forest SPA and SAC. Without suitable mitigation of the impact of this development on the SPA and SAC the application would be contrary to the Conservation of Habitats and Species Regulations 2010, Policy C5 of the Mid Sussex Local Plan and paragraph 118 of the NPPF." SUMMARY OF REPRESENTATIONS East Grinstead Society: No objection. 2 letters of objection raising the following points: - Interested to understand the parking arrangements proposed. On-street parking in the area is already saturated. - Tropical Sky occupy the adjacent office building and are concerned that the proposal will have a negative impact on their environment during the demolition and construction process. Request some form of barrier is erected to muffle the noise and dust. SUMMARY OF CONSULTATIONS (Full responses from Consultees are included at the end of this report as Appendix B) MSDC Drainage Engineer No objection subject to conditions. WSCC Infrastructure Financial contributions requested. MSDC Urban Designer The principle of a 4+1 storey block along Garland Road has been established with existing buildings including the adjacent Taylor Wimpey blocks. The existing monolithic office block on the site has contributed to the scope for a greater volume than would otherwise have been the case along Park Road. The marginally extended height (in relation to the existing building) is nevertheless acceptable on Garland Road. However, the scale of the building is a more sensitive issue on the Park Road elevation, because the site sits deeper within the area of suburban housing, and is the first large building when approached from the west. The architect has addressed these considerations with: (a) a step down to a 3+1 storey frontage along most of the Park Road frontage, (b) a fairly generous separation gap with the adjacent building on Park Road, (c) a building line that is further set back than the existing one aligning with the Taylor Wimpey frontage. Architecturally, the proposed building has a well-mannered crisp contemporary design incorporating vertical articulation that helps to break down the long street frontages, and will be a significant improvement upon the existing monolithic office building. 35

36 The Design Panel and I believe it is also a superior design to the adjacent Taylor Wimpey building. For the above reasons, I raise no objections to the scheme, subject to the inclusion of conditions covering the following details to secure its quality: - 1:20 sections and elevations of typical part(s) of the 3+1 storey Park Road elevation and the 4+1 storey Garland Road elevation. - The design/appearance of the roof structures and the 3rd floor screens to be agreed. - Facing materials - Landscaping / boundary treatment Environment Agency No comments. MSDC Leisure Financial contributions requested. MSDC Landscapes No objections but landscaping condition requested. Sussex Police With the level of crime and anti-social behaviour in this area being below average when compared with the rest of Sussex, I have no concerns with the proposals. Aerodrome Safeguarding Officer The proposed development has been examined from an aerodrome safeguarding perspective and could conflict with safeguarding criteria unless any planning permission granted is subject to condition securing a Bird Hazard Management Plan. MSDC Environmental Protection Officer No objections subject to conditions. MSDC Street Naming and Numbering Officer Standard informative requested. MSDC Contaminated Land Officer Further assessment and characterisation of the site should be carried out in accordance with current guidance and best practice, to confirm the nature and extent of any contamination present and allow refined risk assessment based on the proposed redevelopment and appraisal of remedial options. This should include detailed proposals that ensure the removal of unacceptable risks to make the site suitable for use. This can be secured via a suitably worded condition. WSCC Highways To be reported. MSDC Housing To be reported. EAST GRINSTEAD TOWN COUNCIL OBSERVATIONS Recommend refusal: The Committee believe that the car parking allocations will not be adequate in an area which has CPZ restrictions already in place. The knock on effect of congestion will exacerbate an existing problem and the building design is aesthetically displeasing. 36

37 Introduction Planning permission is sought for the demolition of the existing office building known as Garland Court, Garland Road, East Grinstead and the erection of a single replacement building consisting of 47 residential units together with associated car parking, vehicular access and servicing amenity space and cycle parking. Relevant Planning History 13/04309/PDOFF - Prior approval granted for the conversion of the existing office building into 24 dwellings. No works in this respect have yet commenced and in any case before these permitted development rights can be implemented the applicants are required to make an application under Regulation 75 of the Conservation of Habitats and Species Regulations Site and Surroundings The application site lies on the corner of Garland Road and Park Road and is currently occupied by an L-shaped, three-storey office block constructed sometime in the 1980s. A decked car park lies to the rear of the site accessed off Garland Road, along the northern boundary of the site. The building is largely surrounded by residential development, with the exception of the site to the immediate north of the site which is occupied by Tropical House (formerly Premier House) another three-storey office building that occupies the length of the northern boundary of the site. Opposite the application site to the east, lies the former Rentokil site, now occupied by a five storey block of residential flats, allowed on appeal back in To the south, on the opposite side of Park Road are residential dwellings, comprising a mix of single storey bungalows, two storey blocks of flats and semi-detached dwellings. Adjoining the site to the west is Little Cranfield Court, a small block of 6 residential units arranged in a chalet style building, with parking to the rear. In terms of planning policy the site falls within the built up area of East Grinstead as defined by the Mid Sussex Local Plan. The site also abuts an Area of Townscape Character to the south and west, also as defined by the Mid Sussex Local Plan. Application Details Permission is sought for the redevelopment of the site with a new L-shaped building consisting of 47 flats, made up of 21 one-bedroom flats and 26 two-bedroom flats. The footprint of the proposed building will sit in a similar position to the existing building albeit it will extend further to the west along Park Road, but be set back further from the road frontage to run parallel with the neighbouring buildings. It is proposed that the massing of the building will step up from each 'wing' to the tallest element on the south eastern corner. In addition the top floor will be set back from the edge of the building to reduce its visibility within the street scene. It is also proposed to sink the building into the ground to help reduce the overall building height. A crisp contemporary design is proposed incorporating vertical articulation that helps break down the street frontages. It is proposed that the primary external material will be red brick (two shades) with glass and metal treatment to the roof to give a sleek finish. 37

38 Each of the units will be provided with a small amount of private amenity space either in the form of a balcony or small courtyard/garden. At the rear of the site it is proposed to maintain the existing concept of a decked car parking and 42 parking spaces are proposed, along with 76 cycle spaces and a communal amenity space. All of the proposed units meet the Council's minimum dwelling space standards and the applicants have also provided a sustainability statement that sets out the measures they intend to employ as part of the construction of this proposal to ensure a highly sustainable development. A minimum level 3 of the Code for Sustainable Homes is being sought. List of Policies National Policy National Planning Policy Framework (NPPF) 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: "187. Local planning authorities should look for solutions rather than problems, and decisiontakers 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." Paragraph 197 states that "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. 38

39 Mid Sussex Local Plan Policy B1 - Design Policy B3 - Neighbour Amenity Policy B4 - Energy and Water Conservation Policy H2 - Density and Dwelling Mix Policy H3 - Housing Policy Policy H4 - Provision of Affordable Housing Policy E2 - Retention of land for Business Purposes Policy T4 - Transport and New Development Policy T5 - Parking Standards Policy E2 - Retention of land for Business Purposes Assessment (Consideration of Key Issues) Principal 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. 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 in mind the National Planning Policy Framework (NPPF), which was issued in March 2012, is materially relevant and shall be afforded significant weight. Para 14 of the NPPF sets out the presumption in favour of sustainable development, and states that, where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless: "- any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework as a whole; or - Specific policies in this Framework indicate development should be restricted." Para 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." This Council cannot currently demonstrate a five-year housing land supply for the District. Paragraph 17 confirms that the NPPF seeks to encourage the effective re-use of previously developed sites. As the site falls within the built up area of East Grinstead and is in close proximity to the town centre and nearby train station, the site is considered suitably sustainable in location and therefore the principle of residential development at this site is considered to be in accordance with the NPPF and Policy H3 of the Mid Sussex Local Plan. The proposal therefore has to be considered in light of the core planning principles set out in the NPPF, any other relevant planning policies and any other material planning considerations i.e. previous planning history and appeal decisions. In this case the main issues to consider are: 39

40 a) Loss of the existing use b) Design and impact on the character of the area c) The impact on neighbouring amenities d) Access and parking LOSS OF THE EXISTING USE As noted above the existing building is a three storey office block falling under Use Class B1a of the Town and Country Use Classes Order, 1987, as amended. Policy E2 of the Mid Sussex Local Plan seeks to resist the loss of existing business floor space and states: "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." Notwithstanding this, paragraph 22 of the NPPF states: "Where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities." In addition paragraph 51 states: "Local planning authorities should normally approve planning applications for change to residential use and any associated development from commercial buildings (currently in the B use class) where there is an identified need for additional housing in that area, provided that there are not strong economic reasons why such development would be inappropriate." The applicants have explained that the occupancy of the building has been in decline in recent years and the entire second floor is now vacant, despite consistent efforts by the marketing agents. With this in mind, taking into account the guidance set out in the NPPF, Mid Sussex's current inability to demonstrate a five year housing land supply and bearing in mind the fact that prior approval has also been granted for the change of use of the premises to residential accommodation under permitted development rights, it is not considered that there are any strong economic reasons why the loss of the existing business floor space would be inappropriate. On this basis there would be no objection in principle to the loss of the existing business floor space and provided the application proposals are deemed "sustainable" in accordance with the three dimensions of sustainable development as set out in the NPPF, redevelopment of the site with a residential development would be acceptable. As set out above, paragraph 7 of the NPPF 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. 40

41 ECONOMIC ROLE LOCALISM, GROWTH AND ECONOMIC IMPACT Section 143 of the Localism Act requires the local planning authority to have regard to local finance considerations (so far as material to the application), as well the provisions of the Development Plan and any other material considerations. As a result of the loss of the business floor space the Council will lose business rates, however will gain financial contributions through the New Homes Bonus which commenced in April 2011, and which 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. Officers are currently seeking advice as to whether there would be a net financial loss or gain as a result of these proposals and will provide members with an update on this issue. Notwithstanding this and regardless of the outcome it is considered unlikely that this matter will outweigh the wider planning issues in relation to this application. The construction of 47 new dwellings will make a positive contribution to the building industry in the area and on this basis it is considered that the proposal would satisfy the economic dimension of sustainable development. SOCIAL ROLE The NPPF seeks to promote a strong vibrant and health community by providing the supply of housing required to meet the needs of present and future generation and by creating a high quality built environment, with accessible local services that reflect the community's needs and supports its health, social and cultural well-being. The Council's lack of five year housing supply has already been outlined above, and the erection of 47 new dwellings will clearly add to Council's housing stock. ENVIRONMENTAL ROLE The impact on the character of the area is a significant consideration in relation to this application proposal and as a result the Council's Urban Designer was asked to comment on the application proposals. His full comments are available at Appendix B of this report and come as a result of pre-application discussions and further minor amendments to the scheme during consideration of the formal submissions. In conclusion he states: "The principle of a 4+1 storey block along Garland Road has been established with existing buildings including the adjacent Taylor Wimpey blocks. The existing monolithic office block on the site has contributed to the scope for a greater volume than would otherwise have been the case along Park Road. The marginally extended height (in relation to the existing building) is nevertheless acceptable on Garland Road. However, the scale of the building is a more sensitive issue on the Park Road elevation, because the site sits deeper within the area of suburban housing, and is the first large building when approached from the west. The architect has addressed these considerations with: (a) a step down to a 3+1 storey frontage along most of the Park Road frontage, (b) a fairly generous separation gap with the adjacent building on Park Road, (c) a building line that is further set back than the existing one aligning with the Taylor Wimpey frontage. 41

42 Architecturally, the proposed building has a well-mannered crisp contemporary design incorporating vertical articulation that helps to break down the long street frontages, and will be a significant improvement upon the existing monolithic office building. The Design Panel and I believe it is also a superior design to the adjacent Taylor Wimpey building. For the above reasons, I raise no objections to the scheme." Officers are in agreement with these conclusions and on this basis consider the proposals to be acceptable in terms of their design, layout and impact on the character of the area. Consequently the application is deemed to comply with the relevant criteria of Policy B1 and H3 of the Local Plan in this respect and the general design principles of the NPPF. OTHER MATERIAL CONSIDERATIONS: ACCESS/PARKING: As set out above it is proposed to provide 42 parking spaces at the rear of the building arranged as a split level car park accessed via the existing access to the north of the site off Garland Road. In addition 76 secure cycle spaces are proposed. The application has been submitted with a detailed Transport Statement and Travel Plan which has been forwarded to WSCC Highways Authority for comment. Following a request form WSCC a Stage 1 Road Safety Audit and Designers Response has also been provided. The submitted Transport Statement makes an assessment of the existing and future trip generation from the development and presents an assessment of the transport impacts of the development proposals. In conclusion the report confirms that the development will offer residents and visitors the opportunity to access the site by a variety of different travel modes and that the proposed 47 new dwellings can be accommodated on the local transport network without detriment. The 42 parking spaces proposed will accommodate predicted demand and on-street parking surveys have demonstrated that there is spare on-street capacity during the peak night time period in the unlikely event that additional parking is required. The provision of a residential travel plan will seek to minimise future car parking demand for the proposed development. WSCC's formal comments were awaited at the time of writing this report and Members will be updated on their views at the meeting. However, provided WSCC agree with the findings of the submitted reports it is unlikely that they will object to the application proposals and consequently the application will be deemed to comply with Policies T4 and T5 of the Mid Sussex Local Plan. NEIGHBOUR AMENITY The application has been submitted with a full daylight and sunlight assessment which evaluates the levels of daylight and sunlight reaching the neighbouring dwellings. This report demonstrates that in most instances there would only be a slight difference between the existing levels of daylighting reaching the neighbouring buildings as a result of these development proposals. Furthermore there would be no adverse effect on sunlight reaching the neighbouring buildings as a result of the development proposals. Whilst the proposals will introduce a number of balconies to the southern and eastern elevations, with a distance in excess of 20 metres to the neighbouring dwellings to the south and a distance of just about 20 metres to the neighbouring dwellings to the east (a distance/relationship deemed acceptable by the Inspector considering the Rentokil proposals back in 2008), it is considered that the proposed relationship with these existing properties is acceptable and will not cause significant harm to the amenities of the occupiers. 42

43 To the west, as noted above the scheme has been designed to step up in height from this boundary and the closest facing elevation has been designed with only minimal openings to preserve the amenities of the adjacent occupiers. For these reasons the application is deemed to comply with Policy B3 of the Mid Sussex Local Plan. The occupiers of the adjacent office building, Tropical House, have written in relation to the application proposals raising concerns that the demolition of the building will cause noise and disturbance to the office workers who are required to be on the phone for the majority of the working day. They have requested a "barrier" be erected to muffle the impact of the noise. Whilst these comments and concerns are indeed noted it will be inevitable that some noise disturbance will occur which would be difficult to prevent. Whilst working hours conditions can be stipulated these are likely to restrict development to the hours the office will be occupied in order to protect residential amenity. On the basis that this will be only temporary disturbance, it would be unreasonable to withhold consent for this reason alone. AFFORDABLE HOUSING Policy H4 of the Mid Sussex Local Plan requires development proposals where 15 or more dwellings are proposed to provide a reasonable proportion of affordable housing, generally 30 percent of the total number of dwellings to be provided. In this case this would make the requirement 14 units. The applicants however have presented a case to suggest that such provision would render their proposal unviable. The applicant's case has been considered, on behalf of the Council, by the District Valuer, who has confirmed that it is his view that such a requirement would make the scheme unviable however he does also confirm that it would be appropriate to seek to negotiate Section 106 contributions up to a total of 235,742 (the applicants were also seeking a relaxation of these amounts). In light of the DV's findings it is recommended that this proposal can be accepted without any affordable housing provision however, as set out below financial contributions towards infrastructure are being sought. The Council's Housing Officers have verbally confirmed that in light of the DV's findings they will raise no objections to the lack of affordable housing provision, however their written confirmation was awaited at the time of writing this report. FINANCIAL CONTRIBUTIONS TOWARDS INFRASTRUCTURE The National Planning Policy Framework sets out the government's policy on planning obligations in paragraphs 203 and 204. Respectively, these paragraphs state: "Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." and: "Planning obligations should only be sought where they meet all of the following tests: - 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." 43

44 Policy G3 of the Local Plan requires applicants to provide for the costs of additional infrastructure required to service their developments and mitigate their impact. These are usually secured through the signing of a legal agreement. All requests for infrastructure payments must meet the 3 tests of the Community Infrastructure Levy (CIL) Regulations 2010, which are as set out above. The development hereby proposed would generate the following infrastructure contributions: County Council Contributions: 43,910 (TOTAL) Education - Primary 15,871 Education - Secondary 17,082 Education - 6th Form 4,002 Libraries 6,956 District Council Contributions: 105,351 (TOTAL) Childrens Play Space 26,941 Formal Sport 39,205 Community Buildings 17,030 Local Community 22,175 A draft undertaking is being progressed and, if satisfactorily completed, would meet the above policies and guidance. ASHDOWN FOREST The site is within 7km of the Ashdown Forest Special Protection Area (SPA) and Special Area of Conservation (SAC), this 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 planning permissions, an appropriate assessment must be undertaken to establish whether the proposed development will have an adverse effect on the integrity of the site. If the assessment reveals that it will not have an adverse effect, the Council may proceed to determine the application. 44

45 The LPA has recently produced an interim SAMM (Strategic Access Management and Monitoring) strategy that sets out measures to protect the 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, Natural England and other affected local authorities. It is intended that this interim strategy will mitigate the impact of new residential development proposals coming forward within the 7km zone around the Ashdown Forest prior to the provision of Suitable Alternative Green Spaces (SANGs). The applicants have agreed to make a financial contribution towards this interim SAMM strategy ( 85,280) and on this basis the impact on the Forest is deemed to be successfully mitigated. Therefore it is not considered that there are any likely significant effects on the Forest, alone or in combination with other proposed developments, and the determination of this application can proceed. The contributions will be secured via the Section 106 Legal Obligation. Conclusions The application site falls within the built up area of East Grinstead, in a sustainable location close to the town centre and train station. Whist the loss of the existing office floor space is regretted the applicants have confirmed that occupancy of the building has been in decline in recent years and part of the building is now vacant, despite consistent efforts by the marketing agents. With this in mind, taking into account the guidance set out in the NPPF, Mid Sussex's current inability to demonstrate a five year housing land supply and bearing in mind the fact that prior approval has also been granted for the change of use of the premises to residential accommodation under permitted development rights, it is not considered that there are any strong economic reasons why the loss of the existing business floor space would be inappropriate. The redevelopment of the site with a number of small, well laid out residential flats will provide a beneficial re-use for the site in line with Development Plan Policies that will also go towards meeting the District current shortfall in housing supply. The proposed design of the flatted scheme is considered acceptable, and will be in keeping with the character of the locality. A number of existing flatted developments already exist to the north and east however the scheme sits equally as comfortably with the smaller scale residential development to the south and west and ensure no significant harm to the amenity of surrounding occupiers. Subject to confirmation from WSCC Highways Authority that they have no objections to the re-use of the existing access and provision of 42 parking spaces for the proposed dwellings is deemed acceptable in this location and no significant harm is anticipated to the highway network. For these reasons the application is deemed to represent sustainable development for the purposes of the NPPF and also complies with Policies E2, B1, B3, H2, H3, T4 and T5 of the Mid Sussex Local Plan. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act

46 Pre-commencement conditions 2. No development shall take place, 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), - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area and to accord with Policy B3 of the Mid Sussex Local Plan. 3. No development shall be carried out unless and until samples and/or a schedule of materials and finishes to be used for external walls and roofs of the proposed building have been submitted to and approved by the Local Planning Authority. Development 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 4. The development hereby permitted shall not proceed until details of the proposed foul and surface water drainage and means of disposal have been submitted to and approved 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. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan 5. 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. 46

47 6. Development shall not commence until a Bird Hazard Management Plan has been submitted to and approved in writing by the Local Planning Authority. The submitted plan shall include details of: Management of any flat/shallow pitched roofs on the proposed buildings which may be attractive to nesting birds. The management plan shall comply with Advice Note 8 'Potential Bird Hazards from Building Design' attached. The Bird Hazard Management Plan shall be implemented as approved, upon completion of the roofs and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Local Planning Authority. Reason: It is necessary to manage the roofs in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Gatwick Airport. 7. No development shall commence unless and until the following details have been submitted to and approved by the Local Planning Authority: - 1:20 sections and elevations of typical part(s) of the 3+1 storey Park Road elevation and the 4+1 storey Garland Road elevation. - The design/appearance of the roof structures and the 3rd floor screens to be agreed. The development shall not be carried out otherwise than in accordance with such details. Reason: To ensure these aspects of the development are compatible with the design of the building and the character of the area and to comply with Policy B1 of the Mid Sussex Local Plan. Construction phase 8. No work for the implementation of the development hereby permitted shall be undertaken on the site on public holidays or at any other times except between the hours of 8am and 6pm on Mondays to Fridays and between 9am and 1pm Saturdays. Reason: To safeguard the amenities of nearby residents and to accord with Policy B3 of the Mid Sussex Local Plan. Pre-occupation conditions 9. The development shall not be occupied until parts 1 to 4 of this condition have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination. 47

48 1. Site Characterisation An investigation and risk assessment, in addition to the assessment provided with the planning application, must be 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, - archeological 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. 48

49 Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation 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. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to accord with Policy CS20 of the Mid Sussex Local Plan. 10. The building shall not be occupied until the parking spaces and turning facilities shown on the submitted plans have been provided and constructed. The areas of land so provided shall not thereafter be used for any purpose other than the parking and turning of vehicles. Reason: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways and to accord with Policy T6 of the Mid Sussex Local Plan 11. 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. 49

50 INFORMATIVES 1. In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 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 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: - Measures shall be implemented to prevent dust generated on site from crossing the site boundary during the demolition/construction phase of the development. - 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 Location Plan A P Existing Floor Plans A P Existing Floor Plans A P Existing Floor Plans A P Existing Floor Plans A P Existing Roof Plan A P Existing Sections A P

51 Existing Elevations A P Existing Elevations A P Proposed Floor Plans A P Proposed Floor Plans A P Proposed Floor Plans A P Proposed Floor Plans A P Proposed Site Plan A P Proposed Sections A P Proposed Sections A P Proposed Elevations A P Proposed Elevations A P Proposed Elevations A P Proposed Elevations A P Proposed Elevations A P Proposed Elevations A P Proposed Elevations A P APPENDIX B CONSULTATIONS MSDC Drainage Engineer I have read through the drainage report submitted as part of this application. It is proposed to attenuate surface water run-off from the development for up to the 1 in 100 year storm event plus 30% extra capacity for climate change. The attenuated surface water will then discharge to the public sewers at a rate of 30.8 l/s, which will match the existing rate. Designs and calculation have also been submitted demonstrating the proposed system's ability to manage surface water run-off. The development will introduce an increase in foul flow to the public foul sewers. This will be a matter of consent from Southern Water. Therefore: - Please can a standard drainage condition be placed on this application, to ensure that details are provided. I will expect the drainage for this development to be able to cater for the 1 in 100 year storm event plus 30 per cent capacity for climate change. 51

52 - Please can I see the relevant consents from Southern Water for the discharge of foul and surface water to the public sewers. WSCC Infrastructure Summary of Density per Infrastructure Demands Education Locality East Grinstead Population Adjustment Child Product Total Places Required Library Locality East Grinstead Contribution towards Hassocks/ Hurstpierpoint/Steyning 0 Contribution towards Burgess Hill 0 Contribution towards East Grinstead/Haywards Heath 6,956 Population Adjustment 59.0 Sqm per population 30/35 Waste Adjusted Net. Households 47 Fire No. Hydrants Population Adjustment /head of additional population TAD- Transport Net Population Increase Net Parking Spaces Net Commercial Floor Space sqm Total Access (commercial only) Summary of Contributions 59.0 Primary Secondary 6th Form N/A N/A S106 type Monies Due Education - Primary 15,871 Education - Secondary 17,082 Education - 6 th Form 4,002 Libraries 6,956 Waste No contribution required Fire & Rescue No contribution required No. of Hydrants 1 TAD No contribution required Total Contribution 43,910 Note: The above summary does not include the installation costs of fire hydrants. Where these are required on developments, (quantity as identified above) as required under the Fire Services Act 2004 they will be installed as a planning obligation and at direct cost to the developer. (Section 106 of the Town and Country Planning Act). Hydrants should be attached to a mains capable of delivering sufficient flow and pressure for fire fighting as required in the National Guidance Document on the Provision of Water for Fire Fighting 3rd Edition ( Appendix 5) 52

53 The above contributions are required pursuant to s106 of the Town and Country planning Act 1990 to mitigate the impacts of the subject proposal with the provision of additional County Council service infrastructure, highways and public transport that would arise in relation to the proposed development. Planning obligations requiring the above money is understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, 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 All TAD contributions have been calculated in accordance with the stipulated local threshold and the methodology adopted as Supplementary Planning Guidance (SPG) in November The calculations have been done on the basis of an increase in 47 Net dwellings. And The calculations have been done on the basis of a decrease of 2116 sqm of Class B1(a) floor area. Further to the monetary contributions The County Fire Officer advises that the proposed development may need to include the provision of 1 fire hydrant connected to adequate supplies of water for fire fighting (Contact: David Boarer - Fire Services ). It should also include suitable access for fire brigade vehicles and equipment. Please see below for a Breakdown and explanation of the WSCC Contribution Calculators. Also see the attached spreadsheet for the breakdown of the calculation figures. For further explanation please see the Sussex County Council website ( 5. Deed of Planning Obligations a) As a deed of planning obligations would be required to ensure payment of the necessary financial contribution, the County Council would require the proposed development to reimburse its reasonable legal fees incurred in the preparation of the deed. b) The deed would provide for payment of the financial contribution upon commencement of the development. c) In order to reflect the changing costs, the deed would include arrangements for review of the financial contributions at the date the payment is made if the relevant date falls after 31st March d) Review of the contributions towards school building costs should be by reference to the DfE adopted Primary/Secondary/Further Secondary school building costs applicable at the date of payment of the contribution and where this has not been published in the financial year in which the contribution has been made then the contribution should be index linked to the DfE cost multiplier and relevant increase in the RICS BCIS All-In TPI. This figure is subject to annual review. 53

54 e) Review of the contribution towards the provision of additional library floorspace should be by reference to an appropriate index, preferably RICS BCIS All-In TPI. This figure is subject to annual review. Recent experience suggests that where a change in contributions required in relation to a development or the necessity for indexation of financial contributions from the proposed development towards the costs of providing service infrastructure such as libraries is not specifically set out within recommendations approved by committee, applicants are unlikely to agree to such provisions being included in the deed itself. Therefore, it is important that your report and recommendations should cover a possible change in requirements and the need for appropriate indexation arrangements in relation to financial contributions. Please ensure that applicants and their agents are advised that any alteration to the housing mix, size, nature or tenure, may generate a different population and thus require reassessment 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. Where the developer intends to keep some of the estate roads private we will require provisions in any s106 agreement to ensure that hey are properly built, never offered for adoption and that a certificate from a suitably qualified professional is provided confirming their construction standard. 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. Please see below for a Breakdown of the Contribution Calculators for clarification of West Sussex County Council's methodology in calculating Contributions. For further explanation please see the Sussex County Council website ( Breakdown of Contribution Calculation Formulas: 1. School Infrastructure Contributions The financial contributions for school infrastructure are broken up into three categories (primary, secondary, sixth form). Depending on the existing local infrastructure only some or none of these categories of education will be required. Where the contributions are required the calculations are based on the additional amount of children and thus school places that the development would generate (shown as TPR- Total Places Required). The TPR is then multiplied by the Department for Children, Schools and Families school building costs per pupil place (cost multiplier). School Contributions = TPR x cost multiplier a) TPR- Total Places Required: TPR is determined by the number of year groups in each school category multiplied by the child product. TPR = (No of year groups) x (child product) 54

55 Year groups are as below: - Primary school- 7 year groups (aged 4 to 11) - Secondary School- 5 year groups (aged 11 to 16) - Sixth Form School Places- 2 year groups (aged 16 to 18) Child Product is the adjusted education population multiplied by average amount of children, taken to be 14 children per year of age per 1000 persons (average figure taken from 2001 Census). Child Product = Adjusted Population x 14 / 1000 Note: The adjusted education population for the child product excludes population generated from 1 bed units, Sheltered and 55+ Age Restricted Housing and Social Rented Housing as a nil child product is assumed for these dwellings. b) Cost multiplier- Education Services The cost multiplier is a figure released by the Department for Education. It is a school building costs per pupil place as at 2013/2014, updated by Royal Institute of Chartered Surveyors Building Cost Information Service All-In Tender Price Index. Each Cost multiplier is as below: - Primary Schools- 13,416 per child - Secondary Schools- 20,215 per child - Sixth Form Schools- 21,924 per child 2. Library Infrastructure There are two methodologies used for calculating library infrastructure Contributions. These have been locally tailored on the basis of required contributions and the nature of the library in the locality, as below: Library infrastructure contributions are determined by the population adjustment resulting in a square metre demand for library services. The square metre demand is multiplied by a cost multiplier which determines the total contributions as below: Contributions = SQ M Demand x Cost Multiplier a) Square Metre Demand The square metre demand for library floor space varies across the relevant districts and parishes on the basis of library infrastructure available and the settlement population in each particular locality. The local floorspace demand (LFD) figure varies between 30 and 35 square metres per 1000 people and is provided with each individual calculation. Square Metre Demand = (Adjusted Population x LFD) / 1000 b) Cost Multiplier- Library Infrastructure WSCC estimated cost of providing relatively small additions to the floorspace of existing library buildings is 3,930 per square metre. This figure was updated by WSCC's Quantity surveyor for the 2013/2014 period. 55

56 3. Fire and Rescue Service Infrastructure The Fire and Rescue Services infrastructure contribution is determined by the population adjustment multiplied by the relevant cost multiplier for the provision of services. Fire and Rescue Contributions = Adjusted Population x Cost Multiplier a) Adjusted Population This is the sum of the occupancy rates for the net dwelling increase with the exclusion of social housing increase. b) Cost Multiplier- Fire Rescue There are two cost multipliers for WSCC which relate to the Southern Division and the Northern Division. The cost multiplier is calculated by dividing the total cost of necessary fire and rescue infrastructure within the division by the projected population for The cost multipliers are as below: Southern Division (Chichester, Arun, Worthing and Adur): 13 per person Northern Division (Horsham, Crawley, Mid Sussex): 50 per person in Horsham, 92 per person in Crawley Note: The installation costs of fire hydrants are excluded from the above and will continue to be required on developments as a direct cost to the developer as required under the Fire Services Act TAD- Total Access Demand The methodology is based on total access to and from a development. An Infrastructure Contribution is required in respect of each occupant or employee provided with a parking space, as they would be more likely to use the road infrastructure. The Sustainable Transport Contribution is required in respect of each occupant or employee not provided with a parking space which would be likely to rely on sustainable transport. TAD = Infrastructure contribution + Sustainable Transport contribution a) Infrastructure Contribution Contributions for Infrastructure are determined by the net increase in car parking spaces, multiplied by WSCC's estimated cost of providing transport infrastructure per vehicle- Infrastructure cost multiplier. The Infrastructure cost multiplier as at 2012/2013 is 1,000 per parking space. Infrastructure contributions = Car parking spaces x Cost multiplier. b) Sustainable Transport Contribution This is derived from the net car parking increase subtracted from the projected increase in occupancy of the development. The sustainable transport contribution increases where the population is greater than the parking provided. The sustainable transport figure is then multiplied by County Council's estimated costs of providing sustainable transport infrastructure cost multiplier ( 500). Sustainable transport contr. = (net car parking - occupancy) x

57 Note: occupancy is determined by projected rates per dwelling and projected people per commercial floorspace as determined by WSCC. MSDC Urban Designer Summary and Overall Assessment The principle of a 4+1 storey block along Garland Road has been established with existing buildings including the adjacent Taylor Wimpey blocks. The existing monolithic office block on the site has contributed to the scope for a greater volume than would otherwise have been the case along Park Road. The marginally extended height (in relation to the existing building) is nevertheless acceptable on Garland Road. However, the scale of the building is a more sensitive issue on the Park Road elevation, because the site sits deeper within the area of suburban housing, and is the first large building when approached from the west. The architect has addressed these considerations with: (a) a step down to a 3+1 storey frontage along most of the Park Road frontage, (b) a fairly generous separation gap with the adjacent building on Park Road, (c) a building line that is further set back than the existing one aligning with the Taylor Wimpey frontage. Architecturally, the proposed building has a well-mannered crisp contemporary design incorporating vertical articulation that helps to break down the long street frontages, and will be a significant improvement upon the existing monolithic office building. The Design Panel and I believe it is also a superior design to the adjacent Taylor Wimpey building. For the above reasons, I raise no objections to the scheme, subject to the inclusion of conditions covering the following details to secure its quality: - 1:20 sections and elevations of typical part(s) of the 3+1 storey Park Road elevation and the 4+1 storey Garland Road elevation. - The design/appearance of the roof structures and the 3rd floor screens to be agreed. - Facing materials - Landscaping / boundary treatment Demolition of the Existing Garland Court Block The existing building has a poor relationship with its immediate surrounds. Its horizontal proportions and long street frontage is out of scale and character with the domestic scaled buildings in Park Road and is at odds with the more vertically proportioned buildings on Garland Road including the Taylor Wimpey block opposite (on the Rentokil site), St Catherine's Court, Chartwell Court and Premier House. I therefore have no objection to its loss especially as it provides the opportunity for a replacement building that fits the site better. Proposal The "L" shaped layout is naturally generated by the need for the building frontages to address both streets, and it allows for the retention of the existing decked car park at the rear. While the building footprint is unusually deep, there is still sufficient separation between the rear elevations and the car park. The predominantly single aspect flats should all get some sunlight with the NNW orientation of the rear / north elevation allowing evening sunlight here outside the winter period. The grouped fenestration / balconies and deep recesses are elegantly drawn and together give the façades an underlying order (generated by the repeated rhythm) and sense of structural depth. The building frontage on Park Road also sensibly picks up the building line of the adjacent buildings; and on Garland Road more threshold space has been incorporated, in relation to the pre-application drawings, to accommodate trees and hedgerow to soften the frontage. 57

58 At the pre application stage I advised that the proposal be redesigned as 2 blocks; a larger one facing Garland Road and extending to the Park Road corner with a 4+1 storey frontage, and a smaller one facing Park Road with a 3+1 storey configuration providing a transition in scale. In their revised proposal, the architects have not provided a separation gap as I had hoped; but have otherwise followed the advice. They have also employed more consistent frontages and raised the height of the 4th and 3rd floor parapets, thus screening more of the top floor and enabling it to read as a half a floor. In response to the Design Panel's comments, the top floor canopy extends further outwards on the southern side to mitigate solar gain problems; and the flank elevations have been more modelled. Revised drawings have now been submitted that address the detailed concerns I had in respect of the articulation of the frontages: - The width of the entrance bay and balconies on the Park Road elevation have been reduced and now allow the corner bay to be the dominant element. The entrance bay is also now consistent with the width of the bays in the 3+1 storey frontage and thereby establishes a consistent harmonious rhythm along this frontage. - The Garland Road elevation now benefits from the further vertical articulation achieved by grouping the 2nd/3rd floor balconies in addition to the ground/first floor living room window grouping. - The flank return / west elevation on Park Road has now been rationalised and the incorporation of an additional window allows for a symmetrical composition that provides strong formality. The architect has also confirmed by that the rainwater downpipes will be internalised and thus will not undermine the elegance of the facades. Environment Agency Having screened the planning application with regard to the development type and location of the proposal, I can confirm that we have no comments to make. MSDC Leisure Thank you for the opportunity to comment on the plans for the development of 47 residential dwellings at Garland Court, Garland Road, East Grinstead on behalf of the Head of Leisure and Sustainability. 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 Kings Centre, owned and managed by the Council, is the nearest locally equipped play area to the development site. This facility will face increased demand from the new development and a contribution of 26,941 is required to make improvements to play equipment ( 20,992) and kickabout provision ( 5,949). FORMAL SPORT In the case of this development, a financial contribution of 39,205 is required toward formal sport facilities in East Grinstead. 58

59 PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. 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 17,030 is required to make improvements to community buildings in East Grinstead. In terms of the scale of contribution required, these figures are calculated on a per head formulae based upon the number of units proposed and average occupancy (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 Landscapes No objection. Please can we have a standard landscaping condition if permission is granted. Sussex Police The National Planning Policy Framework demonstrates the government's commitment to creating safe and accessible environments where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion, and with the level of crime and anti-social behaviour in this area being below average when compared with the rest of Sussex, I have no concerns with the proposals. In the main I support the proposed layout and design which provides a good defensible space for the ground floor units on both the Park Road and Garland Road frontages and a single pedestrian entry, with access control, will create a safe and secure environment for resident. Furthermore, I was pleased to note that the Design and Access Statement includes details of measures for designing out crime using the principles of Secured by Design and the seven attributes of safe, sustainable places. I thanks you for allowing me to the opportunity to comment. The Safer Places document from the ODPM (2004) offers a good practice guide for the creation of well designed and safe places thought eh planning system. The crime and Disorder Act 1998 heightens the importance of taking crime prevention into account when planning decisions are made. Section 17 of the Act places a clear duty on both police and local authorities to exercise their various functions with due regard to the likely effect on the prevention of crime and disorder. You are asked to accord due weight to the advice offered in this letter which would demonstrate your authority's commitment to work in partnership and comply with the spirit of The Crime and Disorder Act. Aerodrome Safeguarding Officer The proposed development has been examined from an aerodrome safeguarding perspective and could conflict with safeguarding criteria unless any planning permission granted is subject to the condition detailed below: 59

60 Submission of a Bird Hazard Management Plan Development shall not commence until a Bird Hazard Management Plan has been submitted to and approved in writing by the Local Planning Authority. The submitted plan shall include details of: Management of any flat/shallow pitched roofs on the proposed buildings which may be attractive to nesting birds. The management plan shall comply with Advice Note 8 'Potential Bird Hazards from Building Design' attached. The Bird Hazard Management Plan shall be implemented as approved, upon completion of the roofs and shall remain in force for the life of the building. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Local Planning Authority. Reason: It is necessary to manage the roofs in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Gatwick Airport. For Information: The roofs need to be inspected during the breeding season to ensure that gulls are not nesting. If any nests and/or eggs are found they will need to be removed under licence. Please see Bird Management Plan attached. If the applicant is in agreement it needs to be signed and dated and returned to yourselves pursuant to the above mentioned condition. We, therefore, have no aerodrome safeguarding objection to this proposal, provided that the above condition is applied to any planning permission. It is important that the condition requested in this response is applied to a planning approval. Where a Local Planning Authority proposes to grant permission against the advice of Gatwick Airport Limited, or not to attach conditions which Gatwick Airport Limited has advised, it shall notify Gatwick Airport Limited, and the Civil Aviation Authority add as specified in the Town & Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosive Storage Areas) Direction MSDC Environmental Protection Officer Environmental Protection has no objection to this application subject to: Conditions: - 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. - Minimise dust emissions: Demolition/Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to, and approved in writing by, the local planning authority. The scheme as approved shall be operated at all times during the demolition/construction phases of the development. Reason: to protect the amenity of local residents from dust emissions. 60

61 - 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 Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " MSDC Contaminated Land Officer The reports comprise details of a preliminary risk assessment, and an intrusive site investigation and revised contamination risk assessment. Analysis of soil samples taken identified elevated levels of contaminants in shallow Made Ground across the site. Ground gas monitoring was also carried out. The above reports were submitted with a previous proposal to convert the existing office building into residential units under permitted development rights. The scope of the intrusive investigation was limited and the risk assessment was based on a simple 'change of use' scenario with no, or limited, intrusive groundworks. Further assessment and characterisation of the site should be carried out in accordance with current guidance and best practice (CLR11 for example), to confirm the nature and extent of any contamination present and allow refined risk assessment based on the proposed redevelopment and appraisal of remedial options. This should include detailed proposals that ensure the removal of unacceptable risks to make the site suitable for use. The following condition is appropriate: The development shall not be occupied until conditions 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination. 1. Site Characterisation An investigation and risk assessment, in addition to the assessment provided with the planning application, must be 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: 61

62 - 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, - archeological 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 (referred to in PPS23 as a validation 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. 62

63 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. Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors and to accord with Policy CS20 of the Mid Sussex Local Plan. 63

64 Haywards Heath 3. Copyright and database rights 2012 Ordnance Survey THE EDUCATION CENTRE 17 BOLTRO ROAD HAYWARDS HEATH WEST SUSSEX RH16 1BP CHANGE OF USE AND ALTERATIONS OF EXISTING BUILDINGS AT THE REAR OF THE SITE OF NOS BOLTRO ROAD, AND THE PROVISION OF AN UNDER CROFT ACCESS THROUGH NO. 17 BOLTRO ROAD. THE CHANGE OF USE TO RESIDENTIAL WILL RESULT IN THE CREATION OF 13 PRIVATE FLATS WITH ASSOCIATED REFUSE STORAGE AND CYCLE PARKING. MR AND MRS ADAM AND KEREN CUTTS GRID REF: EAST NORTH POLICY: Areas of Townscape Character / Built Up Areas / Classified Roads - 20m buffer / Planning Agreement / Planning Obligation / Planning Agreement / Planning Obligation / Planning Agreement / Planning Obligation / Area of Townscape Character / In Built up Area / ODPM CODE: Smallscale Major Dwellings 13 WEEK DATE: 9th May 2014 CASE OFFICER: Mr Andrew Watt 64

65 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 The application is to refurbish and convert the existing redundant buildings at the rear of nos Boltro Road into 13 no. flats (8 x 2-bed (including 3 no. duplex units) and 5 x 1-bed). The principle of redevelopment of this site from a school to residential use has already been established. The current proposal would make use of the existing buildings and would meet a clear housing need in a sustainable location. The scheme would have an acceptable impact on the living conditions of adjoining and future occupiers, and would be appropriate in design, such that it would not harm the character of the Area of Townscape Character. Other matters such as construction, materials, drainage, sustainability, cycle storage and refuse storage can be controlled by condition. It is considered that the development would comply with the National Planning Policy Framework in its entirety and policies B1, B3, B4, B9, B16, B23, H2, T4, T5, T6, CS3, CS13, CS18 and HH1 of the Mid Sussex Local Plan and hence is recommended that planning permission be granted, subject to the completion of a S106 Agreement in respect of financial contributions for infrastructure contributions. RECOMMENDATION Recommendation A: It is recommended that, subject to the completion of a satisfactory S106 planning obligation to secure the required level of infrastructure contributions, planning permission be granted subject to the conditions set out in Appendix A. Recommendation B: If a satisfactory planning obligation has not been completed by 9 May 2014, the application should be refused at the discretion of the Head of Economic Promotion and Planning for the following reason: "The application fails to comply with paragraphs 203 and 204 of the National Planning Policy Framework and policy G3 of the Mid Sussex Local Plan in respect of the infrastructure required to serve the development." SUMMARY OF REPRESENTATIONS Haywards Heath Society: No objection but reservations concerning access and parking issues. 1 letter of comment - while generally supportive of the application, concerns raised about loss of privacy and overlooking of neighbouring property from the flats and roof terraces. Would welcome opportunity to share the proposed [internal] bin storage area with the new flats, in the interests of the amenity of the area. 65

66 SUMMARY OF CONSULTATIONS Environment Agency: No comments to make. MSDC Leisure: Proposal will generate a requirement for 24,202 towards infrastructure in the District. MSDC Street Naming and Numbering Officer: Informative requested. Southern Water: Informative and condition requested. Sussex Police: No major concerns, but passageways should be gated with controlled access and lit. WSCC Highway Authority: No objection, subject to conditions and informative. WSCC Infrastructure: Proposal will generate a requirement for 20,273 towards infrastructure in the District. TOWN / PARISH COUNCIL OBSERVATIONS The Town Council has no objection to these proposals, which could give rise to an improved street scene. However, Members acknowledge that there is no on-site parking provision, which may exacerbate the on-street parking situation in the vicinity. Introduction The application is to refurbish and convert the existing redundant buildings at the rear of nos Boltro Road into 13 no. flats (8 x 2-bed (including 3 no. duplex units) and 5 x 1-bed). Relevant Planning History There is an extensive planning history relating to the properties of nos Boltro Road; however the only recent applications that are relevant to this current proposal are as follows: HH/07/00296/FUL which proposed 54 flats within 2 no. 5- and 6-storey blocks to the rear of Boltro Road. This application was withdrawn following comments from the District Housing Officer relating to affordable housing and mix of units, and Planning Officers with relation to design and scale, and neighbours' comments. HH/07/01268/FUL was for the erection of 48 flats within 2 no. blocks, one at the front and one in a 5-storey building at the rear of Boltro Road. This was approved in October 2007 subject to a signed section 106 agreement being completed. This agreement was never signed and the council eventually withdrew the application. In February 2010, full planning permission was granted for the demolition of existing buildings to the rear of Boltro Road and replacement with the erection of a 5-storey building providing 23 flats (10 no. 1-bed and 13 no. 2-beds), all of which were affordable, together with a new vehicular access on the northern side of the site, 4 car parking spaces and a cycle store for 46 cycles in the basement. 66

67 These units would be delivered by way of a legal agreement (09/02464/FUL). Since the permission was granted, the applicants have agreed a deed of variation with the council so that only 30% of the units will be affordable. This was as required in planning policy terms. In 2012, an application to extend the time period for implementing planning permission 09/02464/FUL was approved (12/03830/EOT). Site and Surroundings The application site is situated on the eastern side of Boltro Road, and has the London - South Coast railway line adjoining it to the rear (east). The site currently contains a group of 3 mid-terraced buildings arranged over 2 or 3 storeys, the footprint of which covers the majority of the site area. These were most recently used as a day school (known as The Education Centre - TEC) by 50 young people with social, emotional and behavioural difficulties, and included a number of flats at upper floor levels, most of which were granted permission to be used for residential purposes by staff of the school. The site is now vacant, the school having relocated to Barclay Court on Market Place, just to the north. The western side of Boltro Road is generally residential in character. It has a large, 3½storey block of flats opposite the site (Charter Gate), which are a relatively modern addition to the streetscene. Elsewhere there are some 3-storey office buildings, whilst to the south are 2-storey family homes. The site is located within the built-up area boundary, and is also designated within an Area of Townscape Character. The eastern side of the road is characterised by a terraced parade of commercial premises with residential flats at upper levels. Further to the south, the character changes to large office buildings set back from the site frontage. The site levels rise from north to south, as reflected in the street scene. The railway line to the east is lower. Application Details The application is to refurbish and convert the existing redundant buildings at the rear of nos Boltro Road into 13 no. flats (8 x 2-bed (including 3 no. duplex units) and 5 x 1-bed). List of Policies National Policy National Planning Policy Framework (Mar 2012) This document 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 at paragraph 187: "Local planning authorities should look for solutions rather than problems, and decisiontakers 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." 67

68 Paragraph 197 states that "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." Mid Sussex Local Plan B1 (design) B3 (residential amenities) B4 (energy and water conservation) B9 (crime prevention and design) B16 (areas of townscape character) B23 (noise) H2 (density and dwelling mix) T4 (transport requirements in new developments) T5 (parking standards) T6 (cycle parking) CS3 (re-use of educational land and facilities) CS6 (community facilities) CS13 (land drainage) CS18 (recycling facilities) HH1 (areas of townscape character) Development and Infrastructure Supplementary Planning Document (Feb 2006) Sustainable Construction Supplementary Planning Document (Jul 2006) Dwelling Space Standards Supplementary Planning Document (Jul 2009) Mid Sussex District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. Assessment (Consideration of Key Issues) The main considerations are: the principle of development; localism, growth and economic impact; design and visual impact; crime prevention; standard of accommodation; effect on neighbouring amenity; parking; sustainability; drainage; and infrastructure contributions. Principle of development The principle of redevelopment of this site from a school (now relocated to Barclay House on the opposite side of the road) to residential use was established by the grant of planning permission, first in principle in 2007 (although the legal agreement was not signed, so the application was eventually withdrawn), then fully in Both times, the scheme did not comply with Local Plan policy CS6 but was outweighed by other factors, such as meeting a housing need in a sustainable location and latterly by being an enabling form of development that would raise the necessary finance for the school to be relocated. 68

69 Although the NPPF has since been published, this document promotes a presumption in favour of sustainable development, which means approving development proposals that accord with the development plan without delay and, where the development plan is absent, silent or relevant planning policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. It is considered that the proposal would comply with the NPPF as a whole. Localism, growth and economic impact A focus of the Government's strategy since its election last year has been the move towards localism, and in particular giving local people more say over planning decisions. Most of the mechanisms for achieving this strategy are contained in the Localism Act. 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. If permitted the LPA would receive a New Homes Bonus as a result of this development. Design and visual impact Paragraph 56 of the NPPF states: "The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people." Paragraph 58 states: "Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping." Paragraph 61 states: "Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment." 69

70 Policy B1 of the Mid Sussex Local Plan requires a high standard of design in all new buildings. As with the previous approval, this latest application seeks not to redevelop any of the frontage buildings onto Boltro Road, thus retaining the original link to the Area of Townscape Character. The only change visible in the public realm to the front will be the existing glazed frontage to no. 17 being removed and replaced with a rendered bay, to line up with that above. Immediately north of this a new gated entrance will lead to the undercroft leading to the formal entrance to the development. Immediately south will be a new glazed entrance leading to the existing flats above. Windows will be replaced throughout the development, either UPVC or grey/white aluminium. From the railway line and station (as well as within the private realm), the rendered elevations will be replaced with composite weatherboarding, with the remainder being brickwork (as existing). Along with some minor changes to fenestration, the main changes will consist of new roof terrace fences and dormers, both set back from the main elevations. It is considered that these changes will be beneficial when compared to the existing rundown building, resulting in a clear visual improvement in this railway station gateway location and thus to the Area of Townscape Character. The proposal would therefore meet the policies and guidance above. Crime prevention Policy B9 of the Local Plan requires developments to minimise the potential for crime. Sussex Police have been consulted on this application and their comments are highlighted above. Whilst raising no objection, they consider that the narrow passageways will need to be gated with controlled access and lit. This could be controlled by condition and would accordingly comply with policy B9 of the Local Plan. Standard of accommodation Internally, all the proposed flats would exceed the council's Dwelling Space Standards document (the 1-bed units ranging from 51.3 sq m to 56 sq m (the standard being 51 sq m) and the 2-bed units ranging from 66 sq m to sq m (the standard being 66 sq m)). 11 of the 13 units would benefit from private external amenity space (either linked to the flat or being accessed on the roof). Dedicated space for refuse/recycling and cycle storage would also be provided to the side. The proposed scheme would therefore exceed these standards. Impact on neighbouring amenity Policy B3 of the Local Plan aims to protect amenity. The main properties affected by the proposal would be 15, 19, 21, 23, 25, 27 and 27A Boltro Road, although other properties further than this would also be affected to some extent in terms of overlooking. However, it is important to consider that the building has been in situ for some decades, in use as a school, thereby resulting in some impact that has historically existed. The difference now is that the building has been empty in recent years and a more intensive residential use is proposed. The scheme has been designed to address this potential impact. In particular, the sizeable west-facing window of Flat 13 will be reduced substantially in width, so that only oblique views will be possible when stood next to the internal wall. 70

71 Obscure glass, high level windows or provision of outdoor private space has been used to minimise the impacts both between the proposed flats and the existing residential accommodation in the vicinity. The formation of roof terraces has been designed so that they are bounded either by 1.8m high fences (where overlooking would otherwise be a problem) or 1.1m high fences (where it would not). These matters can all be controlled by condition, thereby complying with the above policy. Parking provision Policies T4 and T5 of the Local Plan outline the requirements for parking provision and access to new developments, in conjunction with the council's (maximum) parking standards, as set out in the Development and Infrastructure Supplementary Planning Document. Policy T6 requires provision of cycle storage facilities in new developments. Dedicated internal cycle space is provided, which can be controlled by condition. Being located almost adjacent to Haywards Heath railway station, and within walking distance to local services and the town centre, this site is highly sustainable and no car parking provision is made within the scheme. There is none specifically serving this building and there was none serving the school previously. There are some short-term parking bays outside the building but broadly there are on-street parking restrictions where there would be a highway safety problem. This means that prospective occupiers would be aware of this limitation, which could be enforced through parking regulations. It should also be noted that the implementation of the previously approved (extant) scheme would also have resulted in the net loss of unallocated on-street spaces, so the current proposal would be an improvement on this. As such, the Highway Authority have raised no concern to the application, and therefore the above policies and guidance would be met. Sustainability Paragraph 93 of the NPPF states: "Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development." Paragraph 96 states: "In determining planning applications, local planning authorities should expect new development to: - comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and - take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption." Policy B4 of the Local Plan requires all new development proposals to maximise opportunities for efficient use of energy, water and materials and use of natural drainage. A Sustainability Statement has been submitted to accompany the application. In particular, it notes that the proposal seeks to re-use and adapt the existing redundant building, so should be considered sustainable in its own right. The building will be thermally upgraded, replacement windows will be double-glazed, all new WCs will be dual-flush and low flow taps and showers will be fitted. 71

72 All demolition waste will be separated into separate waste streams prior to removal. It will not be possible to install renewable technologies within the building, but overall it is considered that the measures above will meet the above guidance and policies. Drainage Policy CS13 of the Local Plan seeks to ensure that sites on which new development is provided can be adequately drained. Southern Water have been consulted and recommend that this matter can be suitably dealt with by condition, so there should be no conflict with this policy. Infrastructure The National Planning Policy Framework sets out the government's policy on planning obligations in paragraphs 203 and 204. Respectively, these paragraphs state: "Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." and: "Planning obligations should only be sought where they meet all of the following tests: - 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." Policy G3 of the Local Plan requires applicants to provide for the costs of additional infrastructure required to service their developments and mitigate their impact. These are usually secured through the signing of a legal agreement. All requests for infrastructure payments must meet the 3 tests of the Community Infrastructure Levy (CIL) Regulations 2010, which are as set out above. COUNTY COUNCIL CONTRIBUTIONS: Education - Primary 4,883 Education - Secondary 5,256 Education - 6th Form N/A Libraries 1,934 Waste N/A Fire and Rescue N/A No. of Hydrants 0 TAD 8,200 TOTAL 20,273 DISTRICT COUNCIL CONTRIBUTIONS: Equipped play 8,289 Kickabout facilities N/A Formal sport 11,094 Public art N/A Community Buildings 4,819 Local Community Infrastructure: 6,275 TOTAL 30,477 A draft undertaking is being prepared. Subject to this Undertaking being completed within the council's target date to determine this application (9 May 2014), then these policies would be met. 72

73 Conclusions The principle of redevelopment of this site from a school to residential use has already been established. The current proposal would make use of the existing buildings and would meet a clear housing need in a sustainable location. The scheme would have an acceptable impact on the living conditions of adjoining and future occupiers, and would be appropriate in design, such that it would not harm the character of the Area of Townscape Character. Other matters such as construction, materials, drainage, sustainability, cycle storage and refuse storage can be controlled by condition. It is considered that the development would comply with the National Planning Policy Framework in its entirety and policies B1, B3, B4, B9, B16, B23, H2, T4, T5, T6, CS3, CS13, CS18 and HH1 of the Mid Sussex Local Plan and hence is recommended that planning permission be granted, subject to the completion of a S106 Agreement in respect of financial contributions for infrastructure contributions. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act Pre-commencement conditions 2. No development shall be carried out unless and until samples of materials and finishes to be used for external finishes of the proposed buildings have been submitted to and approved by the Local Planning Authority. 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 Policies B1 and H3 of the Mid Sussex Local Plan. 3. No development shall commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to and approved in writing by the Local Planning Authority, in consultation with Southern Water, and the dwelling(s) hereby permitted shall not be occupied until all drainage works have been carried out in accordance with such details as approved by the Local Planning Authority. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 4. No development shall take place, 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, 73

74 - 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), - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area. 5. No development shall take place until details of existing and proposed site levels have been submitted to and approved by the Local Planning Authority. Development shall not be implemented otherwise than in accordance with such details. Reason: For the avoidance of doubt and to ensure that the development does not prejudice the amenities of adjacent residents or the appearance of the locality and to accord with Policies B1, B3 and H3 of the Mid Sussex Local Plan. Construction phase 6. 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: 0800hrs-1800hrs; Saturday: 0900hrs-1300hrs; and Sundays and Bank Holidays: no work permitted. Reason: To safeguard the amenities of nearby residents and to accord with policy B3 of the Mid Sussex Local Plan. 7. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicants control) in accordance with details approved by the Local Planning Authority, for all temporary contractors buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with Policy T4 of the Mid Sussex Local Plan. 8. Demolition/Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to and approved by the local planning authority. The scheme as approved shall be operated at all times during the demolition/construction phases of the development. Reason: to protect the amenity of local residents from dust emissions and to comply with policy B3 of the Mid Sussex Local Plan. Pre-occupation conditions 9. The development hereby approved shall not be occupied until measures to protect buildings (and garden areas) from traffic or other external noise have been implemented in accordance with a scheme which has been first submitted to and approved in writing by the Local Planning Authority. 74

75 All works that form part of the scheme shall be completed before any part of the noise sensitive development is occupied. The scheme shall have regard to the principles contained within the World Health Organisation community noise guidelines to minimise noise in residential dwellings. Reason: To safeguard the amenity of neighbouring residents and to comply with policies B3 and B23 of the Mid Sussex Local Plan. 10. The dwellings hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided in accordance with the approved plans, unless otherwise agreed in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 11. The dwellings hereby permitted shall not be occupied until secure and covered cycle parking spaces have been provided in accordance with the approved plans, unless otherwise agreed in writing by the Local Planning Authority. These facilities shall thereafter be retained for their designated use. Reason: To provide alternative travel options to the use of the car and to comply with policy T6 of the Mid Sussex Local Plan. 12. The refuse/recycling storage area shall be implemented in accordance with the approved plans and made available for use prior to the first occupation of the dwellings at all times thereafter. Reason: To safeguard the appearance of the building and the amenities of the area, to comply with policies B1, B3 and H3 of the Mid Sussex Local Plan. Post-occupation monitoring/management conditions 13. The development shall be carried out in accordance with the Sustainability Statement submitted as part of the application. On completion of the development, an independent final report shall be prepared and submitted to the Local Planning Authority to demonstrate that the proposals in the Statement have been implemented. Reason: To ensure that measures to make the development sustainable and efficient in the use of energy, water and materials are included in the development, in accordance with policy B4 of the Mid Sussex Local Plan and the National Planning Policy Framework. 14. All windows on the plans hereby approved shown as being obscure glazed shall at all times be glazed with obscured glass fixed to be non-openable, unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the amenities and privacy of the adjoining properties and to accord with policy B3 of the Mid Sussex Local Plan. 15. All boundary treatments shown on the approved plans shall be implemented in accordance with the approved plans, unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the amenities and privacy of the adjoining properties and to accord with policy B3 of the Mid Sussex Local Plan. 75

76 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. 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 advice for developers can be found at or by phone on The applicant is advised of the requirement to enter into early discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. 4. 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 A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (tel: ) 6. In accordance with Article 31 of the Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 76

77 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 Existing Site Plan 3474.EX Proposed Site Plan 3474.PL Existing Floor Plans 3474.EX.101 A Proposed Elevations 3474.PL.301 B Proposed Roof Plan 3474.PL Proposed Sections 3474.PL Proposed Floor Plans 3474.PL Proposed Floor Plans 3474.PL.101 B Existing Elevations 3474.EX.301 A Existing Sections 3474.EX Existing Floor Plans 3474.EX APPENDIX B CONSULTATIONS Environment Agency: Having screened the planning application with regard to the development type and location of the proposal, I can confirm that we have no comments to make. MSDC Leisure: Thank you for the opportunity to comment on the plans for the development of 13 residential dwellings at The Education Centre, 17 Boltro Road, Haywards Heath on behalf of the Head of Leisure and Sustainability. 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 Haywards Heath Recreation Ground, owned and managed by the Council, is the nearest locally equipped play area, under 400m from the development site. This facility will face increased demand from the new development and a contribution of 8,289 is required to make improvements to the children's playing space. 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 11,094 is required toward formal sport facilities in Haywards Heath. 77

78 PUBLIC ART A public art contribution is not considered necessary to make the development acceptable in planning terms but it would be encouraged in accordance with Local Plan Policy B8. 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 4,819 is required to make improvements to community buildings in Haywards Heath. MSDC Street Naming and Numbering Officer: I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 " Southern Water: Informative and condition requested. Sussex Police: No major concerns, but passageways should be gated with controlled access and lit. WSCC Highway Authority: The site benefits from a planning permission for 23 flats. This permitted scheme did include four off-street parking spaces although to form the access, a number of on street parking spaces would have been lost. As such there would have been a net loss of publicly available spaces. The current scheme proposes a reduced number of units. No on-site parking is included as part of the current application. In light of the acceptance of previous, larger developments, there would be no in principle objection to the current application. The site is sustainably located within the centre of Haywards Heath with the train station and town centre within close walking distance. However, the development would still be anticipated to generate some additional on street parking demands. Based on the forecast requirements from the WSCC Parking Demand Calculator, this proposal could generate demands for approximately 13 spaces. On-street parking within the immediate area is very limited. Enforceable restrictions are in place to ensure parking does not occur in locations that would be detrimental to highway safety. Consideration should be given to the fact that larger developments have been accepted in this location that would have had comparable, if not greater, parking demands to the current application. The implementation of the permitted scheme would also have resulted in the net loss of unallocated on-street spaces. The existing use would also have generated parking demands albeit at different times to the current residential scheme. Whilst the Planning Authority may wish to consider the possible amenity impacts arising from increased parking demands, the Local Highway Authority would not wish to object on this ground. As the scheme exceeds the 10 unit threshold, the WSCC Road Safety Audit Policy would typically require an audit to be provided. In light of the fact of the existing use and that no changes are proposed to the public highway, there would be no justification for an RSA in this instance. No highway objection would be raised. 78

79 Conditions are recommended to ensure suitable controls are agreed prior to construction/refurbishment works commencing and to ensure the cycle store is provided in line with the agreed details. Cycle parking No part of the development shall be first occupied until covered and secure cycle parking spaces have been provided in accordance with the agreed plans and details. Reason: To provide alternative travel options to the use of the car in accordance with current sustainable transport policies. Construction Management Plan No development shall take place, 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), - details of public engagement both prior to and during construction works. Reason: In the interests of highway safety and the amenities of the area. INFORMATIVES Temporary Works Required During Construction The applicant is advised of the requirement to enter into early discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. 79

80 WSCC Infrastructure: Summary of Density per Infrastructure Demands Education Library Locality Haywards Heath Population Adjustment Child Product Total Places Required Locality Haywards Heath Contribution towards Hassocks/ Hurstpierpoint/Steyning 0 Contribution towards Burgess Hill 0 Contribution towards East Grinstead/Haywards Heath 1,934 Population Adjustment 16.4 Sqm per population 30/35 Waste Adjusted Net. Households Fire No. Hydrants Population Adjustment /head of additional population TAD- Transport Net Population Increase Net Parking Spaces Net Commercial Floor Space sqm Total Access (commercial only) Summary of Contributions 16.4 Primary Secondary 6th Form N/A N/A S106 type Monies Due Education - Primary 4,883 Education - Secondary 5,256 Education - 6 th Form No contribution required Libraries 1,934 Waste No contribution required Fire & Rescue No contribution required No. of Hydrants No hydrants required TAD 8,200 Total Contribution 20,273 Note: The above summary does not include the installation costs of fire hydrants. Where these are required on developments, (quantity as identified above) as required under the Fire Services Act 2004 they will be installed as a planning obligation and at direct cost to the developer. (Section 106 of the Town and Country Planning Act). Hydrants should be attached to a mains capable of delivering sufficient flow and pressure for fire fighting as required in the National Guidance Document on the Provision of Water for Fire Fighting 3rd Edition ( Appendix 5) 80

81 The above contributions are required pursuant to s106 of the Town and Country planning Act 1990 to mitigate the impacts of the subject proposal with the provision of additional County Council service infrastructure, highways and public transport that would arise in relation to the proposed development. Planning obligations requiring the above money is understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, 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 All TAD contributions have been calculated in accordance with the stipulated local threshold and the methodology adopted as Supplementary Planning Guidance (SPG) in November The calculations have been done on the basis of an increase in 13 Net dwellings. 81

82 Haywards Heath 4. Copyright and database rights 2012 Ordnance Survey COUNCIL DEPOT 19 BRIDGE ROAD HAYWARDS HEATH WEST SUSSEX RH16 1UA THE PROPOSAL IS FOR 9,500 SQFT OF MANAGED BUSINESS SPACE WHICH WILL PROVIDE A MIX OF OFFICE (5,500 SQFT) AND WORKSHOP/STUDIO STARTER UNITS (4,000 SQFT) ALL WITHIN A B1 USE CLASS, AVAILABLE ON FLEXIBLE LETTING TERMS WITHIN A HIGH QUALITY MANAGED ENVIRONMENT WITH SHARED FACILITIES. MR TONY LINWARD GRID REF: EAST NORTH POLICY: Built Up Areas / Industrial / ODPM CODE: Minor Offices 8 WEEK DATE: 18th April 2014 CASE OFFICER: Mr Stuart Malcolm 82

83 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 The application seeks planning consent for the erection of a building with car parking that will provide new business starter units, both office based and workshops/studios. The proposal is acceptable in principle, will preserve the character and appearance of the area and the development will not cause significant harm to neighbouring residential amenity. Furthermore, the highways, access and parking arrangements are acceptable. As a result the proposal is deemed to comply with Policies B1, B3, E5, T4 and CS20 of the Mid Sussex Local Plan and the requirements of the National Planning Policy Framework. RECOMMENDATIONS It is recommended that permission be granted subject to the conditions listed at Appendix A. SUMMARY OF REPRESENTATIONS 3 letters: Concerns about the poor parking situation on Bridge Road getting worse if not enough spaces on site and more vehicular traffic; articulated vehicles may use neighbouring businesses to turnaround if not enough space on site; Haywards Heath Society - No objection SUMMARY OF CONSULTATIONS MSDC Environmental Protection No objections subject to conditions MSDC Contaminated Land No objections but consult Environment Agency MSDC Street Naming Add informative West Sussex Highways No objections subject to condition Environment Agency No objections TOWN COUNCIL OBSERVATIONS No objections. 83

84 Introduction Planning application 14/00657/FUL seeks planning permission for the erection of 9,500 sqft (883 m2) of managed business space at the former Council Depot on Bridge Road which will provide a mix of office (5,500 sqft / 511 m2) and workshop/studio starter units (4,000 sqft / 372 m2) all within a B1 use class, available on flexible letting terms within a high quality managed environment with shared facilities. Relevant Planning History 13/00480/FUL - Demolition of existing buildings and erection of replacement refuse and recycling depot including car parking - Permission Site and Surroundings - Site of former Council refuse and recycling depot - Located on Bridge Road Business Park - Residential properties back on to the site to the south along Gordon Road - To the north, across an access road, is the new depot (under construction) approved under 13/00480/FUL - To the west and east are existing commercial units - Located within the built up area of Haywards Heath. Application Details - Proposal on site of the former deport building - One two storey building to provide new business starter units - Includes 511m2 of office and 372 m2 of workshop/studio space all within B1 use - Potential for approximately 65 employees individual starter units - Car parking area to west, east and south of building car parking spaces, plus 2 disabled, 6 motorcycle and 12 cycle spaces - One single entrance/exit towards north east corner of site - The flat roofed building is just under 7 m in height - Main facing materials include a buff masonry at ground floor and grey profiled metal cladding at first floor m high cbf along southern boundary bordering rear gardens of Gordon Road properties - Accessible 24/7 to tenants - Units available on fixed term lettings within high quality managed environment with shared facilities. - Further details within DAS and Planning Statement available to view on planning file List of Policies Mid Sussex Local Plan B1, B3, E5, T4, CS20 The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. 84

85 The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. National Policy National Planning Policy Framework (NPPF) Assessment (Consideration of Key Issues Principle The Mid Sussex Local Plan shows this site as lying within the built up area and in such areas support can be found for new business development at a local policy level. Policy E5 of the Mid Sussex Local Plan states that "in addition to the sites specifically allocated for business use in this Local Plan, permission will be granted in appropriate circumstances, for business development on other sites where the proposal is for: (a) the extension or redevelopment of existing premises within the built up areas". At national level paragraph 14 of the NPPF States that: "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: - 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 - specific policies in this Framework indicate development should be restricted." More specifically paragraph 19 of the NPPF refers to economic development under Chapter One: Building a strong, competitive economy: The Government is committed to ensuring that the planning system does everything it can to support sustainable economic growth. Planning should operate to encourage and not act as an impediment to sustainable growth. Therefore significant weight should be placed on the need to support economic growth through the planning system. In light of this support at local and national level it can be concluded that the principle of this business development is acceptable, particularly when also considered against the lawful use of the site as a depot. 85

86 Residential Amenity Given that there are neighbouring residential properties immediately to the south beyond the boundary, the proposal has the potential to affect residential amenity. Policy B3 of the Mid Sussex Local Plan is relevant and this states that "proposals for new development, including extensions to existing buildings and changes of use, will not 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." When making this assessment it is important to take into account the lawful/historic use on this site as the Council Depot, which has now been consolidated onto the northern part of the site (see 13/00480/FUL). As indicated in the earlier section, the properties on Gordon Road to the south are the nearest residential properties and their rear gardens back on to the application site. To help inform the assessment of the impact on residential amenity, Environmental Protection has been consulted and their comments are set out in full in Appendix B. Members will note that no objection has been raised, subject to the imposition of a number of planning conditions. The proposed units, both the offices and the studios/workshops, are to fall under the B1 Use Class. The B1 Use Class includes offices (other than those that fall within A2), research and development of products and processes and light industry appropriate in residential areas. Members will be aware therefore that any use within B1 is by its very nature compatible with neighbouring residential uses. A condition will be used to restrict the units to the B1 Use Class only. The applicant has stated that the 24/7 accessibility will be required for the units although the communal reception and entrance gates will be closed between certain hours. This is important for the flexibility of the units and their users. Although the site may be locked tenants will have their own keys to work during the night if required. The importance of such flexibility for future tenants is noted by officers. It does seem however that it is unlikely that any disturbance will be caused during the night as it is very unlikely that an intensive use of the facilities will occur at this time, particularly given the B1 Use Class that the operations at the site will fall under. A condition restricting opening hours will not therefore be required. The applicant has suggested that the same business model has not provided problems elsewhere and it is also worth highlighting that the original depot that occupied this part of the site did not have any planning restrictions with regards to hours of use. It is also pertinent to note that no objection letters have been received highlighting residential amenity issues as a concern. In the worst case scenario, even if noise disturbance at this site were to occur, it must be noted that the Council has powers both under the Environmental Protection Act to limit noise but also as the landowner. Based on this analysis, it is reasonable to conclude that the impact of the proposed development on neighbouring residential amenity will not be significant meaning the application complies with Policy B3 of the Mid Sussex Local Plan. 86

87 Highways and Parking The concern that has been raised locally about this planning proposal centres on the existing parking situation on Bridge Road and suggestions that if not enough spaces are provided on site there will be an unwanted overspill into an already congested area. Concerns have also been expressed that unless there are adequate turning facilities within the site for larger vehicles, other business premises may be used by such larger vehicles for this purpose. West Sussex County Council is the highways authority and their comments are displayed in full within Appendix B. No objection is however raised to the proposal with bot the above issues being addressed. With regards to parking, WSCC has commented as follows: "There is a known issue with parking in the vicinity of the proposal site, however a total of 45 car parking spaces visitors should not cause a further pressure to the local area. There are a number of cycle storage spaces, as well as a designated area for motorbike parking. The site is located within a sustainable area, and sustainable modes of transport should be encouraged." The level of parking is therefore clearly seen as sufficient and this can be secured in the long term via planning condition as set out in Appendix A. On the issue of turning facilities within the site, West Sussex has stated: "The projected size of each unit implies that it would be unlikely that Heavy Goods Vehicles would require access to the site, and their presence should be discouraged. However smaller lorries should be able to make use of the turning area, as has been demonstrated using a refuse vehicle as a template for a swept path analysis. A car or small van should still be able to manoeuvre past such a lorry with care within the car park also without causing an obstruction to highway users." The third party comments are noted but based on the WSCC response it is evident that adequate turning space is to be provided within the site to meet the expected size of vehicle that will be frequenting the starter units. As well as securing the parking spaces, the same condition will also be used to secure the turning areas that are identified on the planning drawings. No other concerns have been raised by West Sussex Highways and as such no objection has been raised. Members will note from the WSCC Highways comments that a TAD contribution has been requested. The TAD (Total Access Demand) is essentially a contribution towards mitigating the impact of the development and improving accessibility by all modes. In this case however it is not appropriate for the TAD to be sought and there are two reasons for this. Firstly, the Council's SPD on Development and Infrastructure sets out, at para 14.27, that there will be no minimum threshold on commercial developments when TAD will be payable. The same paragraph states however that: "there may be circumstances in which it is considered appropriate to reduce or waiver contributions. Such circumstances include small businesses (under 500 m2), particularly those operating in rural areas where public transport is poor." 87

88 The proposal, although collectively measuring 883 m2, is in fact a series of small businesses with each unit measuring considerably less than 500 m2. In this case it is considered entirely appropriate to waive the TAD contribution. The second reason for waiving the fee relates to the recognition of the importance of the provision of these starter units for the local economy. A financial contribution of 32,885 as set out by WSCC could well jeopardise the viability and deliverability of this important development that will aid economic growth. To conclude on the highways issue, the concerns of the local businesses are noted but based on the advice obtained from the highways authority there are no reasons to object to this application on highways, access or parking grounds. Design and Character of the Area The proposed building is of a good design that will be superior in visual quality terms to most of the other buildings in the Bridge Road Business Park. The flat roof design will keep the overall height of this two storey building to a minimum and in this respect is wholly in keeping with other buildings in the vicinity. The expanse of car parking will largely be screened from the north by the new building itself and the new southern boundary fence will minimise the views from the Gordon Road properties. The exact detail of the materials to be used will be reserved via a planning condition to ensure that there are compatible with the surroundings. The new building, car parking and turning areas take up the majority of the site. There is however still scope to provide soft landscaping on some of the remaining areas. The applicant has submitted a modest landscaping scheme which is deemed acceptable by planning officers and can be secured via condition. This will help improve the overall visual quality of the development. As a result the proposal will preserve the character and appearance of the area so complies with Policy B1 of the Mid Sussex Local Plan. 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 a condition will be used to ensure that adequate drainage is provided. Regarding potential land contamination, a condition will be used to ensure that if previously unidentified contamination is found during construction then works shall only proceed in accordance with a remediation strategy to be agreed with the LPA. No objections were raised by the Contaminated Land officer. The Environment Agency has commented that the site is in a low risk flooding area and as such will not be offering bespoke comments. A condition requiring detailed drainage information will be utilised. 88

89 Conclusion The proposal is acceptable in principle, will preserve the character and appearance of the area and the development will not cause significant harm to neighbouring residential amenity. Furthermore, the highways, access and parking arrangements are acceptable. As a result the proposal is deemed to comply with Policies B1, B3, E5, T4 and CS20 of the Mid Sussex Local Plan and the requirements of the National Planning Policy Framework. Time Limit APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act Pre-commencement conditions 2. No development shall be carried out unless and until samples of materials and finishes to be used for external walls, roofs and windows of the proposed buildings have been submitted to and approved by the Local Planning Authority. 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. 3. The development hereby permitted shall not proceed until details of the proposed surface water and foul drainage and means of disposal have been submitted to and approved 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. Reason: To ensure that the proposed development is satisfactorily drained and to accord with policy CS13 of the Mid Sussex Local Plan. 4. Demolition/Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to, and approved in writing by, the local planning authority. The scheme as approved shall be operated at all times during the demolition/construction phases of the development. Reason: to protect the amenity of local residents from dust emissions and to accord with Policy B3 of the Mid Sussex Local Plan. 89

90 5. No development shall commence until a scheme for protecting any residential units adjacent to the commercial units from noise generated in the use of the commercial units (including any air conditioning units that may be installed), has been submitted to and approved in writing by the local planning authority. All works that form part of the scheme shall be completed before any part of the noise sensitive development is occupied. Reason: To safeguard the amenity of neighbouring residents and to accord with Policy B3 Mid Sussex Local Plan. Construction phase 6. Hard and soft landscape works shall be carried out in accordance with the approved details (MSDC/BRD/013/010 and POO /0). 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. 7. 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 LPA) shall be carried out until the developer has submitted a remediation strategy to the LPA detailing how this unsuspected contamination shall be dealt with and obtained written approval from the LPA. The remediation strategy shall be implemented as approved. Reasons: To ensure that any contamination identified during the demolition and construction phases of the development are fully characterised and assessed and to accord with Policy CS The proposal shall be carried out in full accordance with the sustainability features set out in the Sustainability section of the Design and Access Statement submitted with the application by RHP dated February Reason: In the interests of sustainability and to accord with Policy B4 of the Mid Sussex Local Plan. 9. 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 and to accord with Policy B3 of the Mid Sussex Local Plan. 10. 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 90

91 Reason: to protect the amenity of local residents and to accord with Policy B3 of the Mid Sussex Local Plan, Pre-occupation conditions 11. No part of the development shall be first occupied until the parking and turning areas have been constructed in accordance with the approved site plan. These spaces/turning areas shall thereafter be retained at all times for their designated purpose. Reason: To provide car-parking space for the use and to accord with Policy T4 of the Mid Sussex Local Plan. Post-occupation and management conditions 12. The proposed building shall be used for purposes falling within the B1 Use Class (of the Schedule to the Town and Country Planning Use Classes Order, 1987) only and for no other purposes. Reason: To protect neighbouring residential amenity and to accord with Policy B3 of the Mid Sussex Local Plan. 13. All external lighting or floodlighting shall only illuminate the area intended and shall be installed so that light spill and reflection is prevented from adversely effecting neighbouring residents. Reason: To protect the amenity of neighbouring residents from light spill or reflection and to accord with Policy B3 of the Mid Sussex Local Plan. INFORMATIVES 1. In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 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 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: 91

92 (Form 27, and a 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. 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 Block Plan Location Plan Drainage Details 201 B Other 231 A Existing Site Plan Existing Sections Proposed Site Plan Proposed Floor Plans Proposed Elevations Proposed Sections Landscaping MSDC/BRD/013 / APPENDIX B CONSULTATIONS MSDC Environmental Protection Environmental Health has been asked to comment on this application. Environmental Protection has no objection to this application subject to: Condition: - 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. - Minimise dust emissions: Demolition/Construction work shall not commence until a scheme for the protection of the existing neighbouring properties from dust has been submitted to, and approved in writing by, the local planning authority. The scheme as approved shall be operated at all times during the demolition/construction phases of the development. Reason: to protect the amenity of local residents from dust emissions. - 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. 92

93 - Soundproofing (Building): No development shall commence until a scheme for protecting any residential units adjacent to the commercial units from noise generated in the use of the commercial units (including any air conditioning units that may be installed), has been submitted to and approved in writing by the local planning authority. All works that form part of the scheme shall be completed before any part of the noise sensitive development is occupied. Unless otherwise agreed in writing, the submitted scheme shall demonstrate that the maximum internal noise levels in bedrooms and living rooms in residential properties post construction will be 30 db LAeq T (where T is 23:00-07:00 hrs) and 35 db LAeq T (where T is 07:00-23:00 hrs). Noise from individual external events typical to the area shall not exceed 45dB LAmax when measured in bedrooms and living rooms internally between 23:00 and 07:00 hrs. Noise levels in residential gardens shall not exceed 55 db LAeq 1 hr when measured at any period. Reason: To safeguard the amenity of neighbouring residents. - Lighting: All external lighting or floodlighting shall only illuminate the area intended and shall be installed so that light spill and reflection is prevented from adversely effecting neighbouring residents. Reason: To protect the amenity of neighbouring residents from light spill or reflection. MSDC Contaminated Land I have no specific comments on the above in relation to human health risk. However, the Environment Agency should be consulted regarding the protection of controlled water. Do not hesitate to contact me if you require any further information or clarification of the above. MSDC Street Naming I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 advice for developers can be found at or by phone on " 93

94 West Sussex Highways In principle West Sussex County Council has no objection to this proposal. In establishing a phase 2 part of the overall scheme of establishing a modern civic waste facility in Haywards Heath the existing facility is to be demolished and replaced by a block of small offices and workshops. There is a known issue with parking in the vicinity of the proposal site, however a total of 45 car parking spaces visitors should not cause a further pressure to the local area. There are a number of cycle storage spaces, as well as a designated area for motorbike parking. The site is located within a sustainable area, and sustainable modes of transport should be encouraged. The projected size of each unit implies that it would be unlikely that Heavy Goods Vehicles would require access to the site, and their presence should be discouraged. However smaller lorries should be able to make use of the turning area, as has been demonstrated using a refuse vehicle as a template for a swept path analysis. A car or small van should still be able to manoeuvre past such a lorry with care within the car park also without causing an obstruction to highway users. No highway objection would be raised to this proposal. CONDITION Parking spaces No part of the development shall be first occupied until the parking has been constructed in accordance with the approved site plan. These spaces shall thereafter be retained at all times for their designated purpose. Reason: To provide car-parking space for the use SUMMARY OF CONTRIBUTIONS Total TAD contribution due: 32,885 The above contributions are required pursuant to s106 of the Town and Country planning Act 1990 to mitigate the impacts of the subject proposal in terms of demand on Highways and Sustainable Transport that would arise in relation to the proposed development. Planning obligations requiring the above money is understood to accord with the Secretary of State's policy tests outlined by the in the National Planning Policy Framework, All TAD (Total Access Demand) contributions have been calculated in accordance with the stipulated local threshold and the methodology adopted as Supplementary Planning Guidance (SPG) in November The calculations have been done on the basis of an increase in 485 sqm of Class B1(a) and 395 sqm of Class B1(c) floor area and an additional 32 car parking spaces. 94

95 Environment Agency The site is located in Flood Zone 1, defined by the National Planning Policy Framework (NPPF) as having a low probability of flooding. In this instance, we have taken a risk based approach and will not be providing bespoke comments or reviewing the technical documents in relation to this proposal. Please be aware all pre application between 0-5 hectares within flood zone 1 shall be left to the local planning authority to provide comments. 95

96 Burgess Hill 5. 14/00807/FUL FARTHINGS KEYMER ROAD BURGESS HILL WEST SUSSEX RH15 0AN RESUBMISSION OF PLANNING APPLICATION REF: 13/02614/FUL FOR THE PROVISION OF 1 NO. DETACHED CHALET STYLE 4-BED HOUSE WITH INTEGRAL GARAGING, PARKING, AND ACCESS VIA KEYMER ROAD MR K GRIFFIN GRID REF: EAST NORTH POLICY: Ancient Woodland / Built Up Areas / Classified Roads - 20m buffer / Radon Gas Safeguarding Zone / / ODPM CODE: Minor Dwellings 8 WEEK DATE: 29th April 2014 CASE OFFICER: Mrs Sarah Sheath PURPOSE OF REPORT To consider the recommendation of the Head of Economic Promotion and Planning on the application for planning permission as detailed above. 96

97 EXECUTIVE SUMMARY Planning permission is sought for the provision of 1 no. detached chalet style four bedroom house with integral garaging, parking and access via Keymer Road on land to the rear of Farthings, Keymer Road, Burgess Hill. The National Planning Policy Framework (NPPF) specifically excludes private gardens in built up areas from the definition of "previously developed land"; however it does not rule out the development of garden land. The "saved" Policies B1 and H3 of the Mid Sussex Local Plan (2004) indicate that residential development should respect the character of its location but the Council has no specific policy concerning the development of garden land. The Council does not have a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole; or where specific policies in the NPPF indicate that development should be restricted. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. Weighing all of the above issues it is considered that the proposal has overcome the specific reasons why the previous application was refused and that now the dwelling is of an appropriate design and scale and will not detrimentally affect the character of the area or significantly affect the amenities of neighbouring occupiers. It is therefore now felt that the proposal would satisfy all of the relevant policies of the Mid Sussex Local Plan and all three dimensions of sustainability set out in the NPPF (economic, social and environmental). As such the presumption in favour of granting consent set out at Paragraph 14 of the NPPF should apply and for these reasons the application is recommended for approval. RECOMMENDATIONS Recommend permission be approved subject to the conditions set out at Appendix A. SUMMARY OF REPRESENTATIONS 64 letters of objection (from 52 households) received raising the following concerns: - Out of character - Will cause flooding to neighbouring dwellings - Loss of privacy - Overdeveloped/cramped in comparison to surrounding development - Bulk is obtrusive and will diminish sunlight to surrounding dwellings - Will add to traffic congestion - Very narrow drive - sufficient width for emergency vehicles? - Current guidance is against back land development - Recent similar schemes in the area have been dismissed at appeal - Farthings is a building of historic merit - Does not accord with policies B1, B2, B3 and H3 of the Mid Sussex Local Plan and para 215 of the NPPF. 97

98 - Keymer Road and Folders Lane have been identified as an area of townscape value in the emerging Burgess Hill Neighbourhood Plan. - Will increase air pollution and poison our children. SUMMARY OF CONSULTATIONS WSCC: It is not considered that there has been any significant material change in circumstances that would justify a change in recommendation from that previously offered. On that basis, no highway objection would be raised. MSDC Street Naming and Numbering Officer: Standard informative requested BURGESS HILL TOWN COUNCIL OBSERVATIONS Recommend Refusal - the Committee felt that this site was unsuitable for any dwelling for the following reasons: - There would be overlooking and loss of privacy for occupants of 2 Folders Lane and other properties on Keymer Road and Woodwards Close which would be unneighbourly and in contravention of policy B3 of the Local Plan; - This would be overdevelopment of a narrow site and a harmful form of development which failed to respond to the local character thus conflicting with Policies B1, B2, B3 and H3 of the Local Plan and Paragraph 215 of the NPPF; - Access to the site is very narrow and turning restricted so that service vehicles would be unable to exit in forward gear; - Keymer Road and Folders Lane have been identified as an area of townscape value in the pre-submission Neighbourhood Plan and Farthings is a building of historic merit and should be protected against development; - This is garden grabbing and current guidance is against this where it can harm the character and appearance of the area; - The high water table was significant in this area and the run off from an additional building would have an impact on neighbouring properties. Introduction Planning permission is sought for the provision of 1 no. detached chalet style four bedroom house with integral garaging, parking and access via Keymer Road on land to the rear of Farthings, Keymer Road, Burgess Hill. Relevant Planning History Planning permission was sought last year for a similar proposal (application 13/02614/FUL refers) however was refused for the following reasons: 98

99 1. The proposed height of the dwelling being taller than the host dwelling, Farthings, will appear as an incongruous addition in this back land position to the detriment of the wider character of the locality. The application therefore fails to comply with Policy B1 and H3 of the Mid Sussex Local Plan. 2. It is considered that the introduction of a first floor south facing dormer window will significantly affect the amenities of the adjacent residents by virtue of a high levels of overlooking. The application is therefore considered to fail to comply with Policy B3, and H3 of the Mid Sussex Local Plan. Also of relevance are a number of planning decisions in the immediate vicinity that are considered important to note in the consideration of this application. Of particular interest is a site to the south of the application site where permission was sought in 2012 for the provision of 4 x new two-storey detached houses and garaging (land to the rear of Silver Birches, Parkwood and Tryfan) (application 12/02951/FUL refers). This application followed the submission of a similar application in 2010 which was refused and subsequently dismissed at appeal (application 10/03151/FUL). Application 12/02951/FUL was refused by the Local Planning Authority (LPA) due to concerns in relation to the impact on the occupiers of High Oaks and also due to concerns in relation to the impact on the character of the area. The decision to refuse the application was upheld at appeal, however in making this decision the Inspector makes some important points, of particular relevance: "Neither national policy set out in the Framework (including paragraphs 48 and 53 that relate to the use of garden land), nor saved Policy B1 of the Local Plan, preclude development of sites such as this one. The key consideration is the ability of the site to accommodate development of the scale and quantity proposed, without compromising the quality of the local environment." In this case it was the Inspectors contention that the four dwellings proposed would appear squeezed together and give rise to a dominance of built form and hard surfacing within the development as a whole. Furthermore she felt that the proposed houses would appear to be too large and bulky for their respective sites, resulting in a poor relationship between the houses and their gardens. As such, the proposed layout was deemed to be out of keeping with the surrounding development, and subsequently dismissed. Site and Surroundings The site subject of this application lies within the built up area of Burgess Hill along Keymer Road to the south of its junction with Folders Lane on the outskirts of Burgess Hill. The character of this side of Keymer Road is defined by good-sized detached houses set back from the highway in well planted and fairly substantial plots. The houses along this part of Keymer Road are two storeys in height with a variety of designs. The site currently forms the rear garden of Farthings, a squat two storey dwelling that has been substantially altered/extended over the years. The site tapers in width towards the rear and the boundaries to the north, south and east are generally marked by mature hedging. The site is surrounded by existing dwellings that front Keymer Road, Folders Lane or Woodwards Close. Application Details Permission is sought for the erection of a single detached chalet style four bedroom house. 99

100 Access to the site would be created off the existing access drive that currently serves Farthings, introducing a new access drive that will pass between the southern elevation of Farthings and the northern elevation of Sorrento to the south. The existing parking and turning facilities to the front of Farthings would be retained for the use of the occupiers of Farthings, and a new turning area would be created to serve the new dwelling within the application site. The proposed dwelling would have a T-shaped footprint with a maximum length of some 16.3 metres by 10.7 metres. As noted above a chalet style dwelling is proposed with rooms in the roof void to be served by either dormer windows or rooflights. The maximum ridge height of the dwelling is shown to be 5.7 metres, approximately 1.1 metre lower than the dwelling previously refused. This has been achieved through the use of a disguised flat roof. An integral garage is indicated at the western end of the dwelling List of Policies National Policy National Planning Policy Framework (NPPF) 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: "187. Local planning authorities should look for solutions rather than problems, and decisiontakers 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." Paragraph 197 states that "In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development." District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. 100

101 Mid Sussex Local Plan Policy B1 - Design Policy B3 - Neighbour Amenity Policy B7 - Trees and Development Policy H3 - Housing Policy Policy T4 - Transport and New Development Policy T5 - Parking Standards Assessment (Consideration of Key Issues) PRINCIPLE OF DEVELOPMENT Paragraph 49 of the NPPF states that "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." This council does not currently have an up-to-date 5-year housing land supply in the District and therefore this is a material consideration that must be taken into account in determining this proposal. 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: - 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 - specific policies in this Framework indicate development should be restricted." Whilst the NPPF discounts private residential gardens from the definition of 'previously developed land' as the site falls within the built up area of Burgess Hill as defined in the Mid Sussex Local Plan, the site is considered suitably sustainable in location and therefore the principle of infill development is considered to be in accordance with the NPPF and Policy H3 of the Mid Sussex Local Plan. The proposal therefore has to be considered in light of the core planning principles set out in the NPPF, any other relevant planning policies and any other material planning considerations i.e. previous planning history and appeal decisions. In this case the main issues to consider are: a) Design and impact on the character of the area b) The impact on neighbouring amenities c) Access and parking 101

102 DESIGN AND CHARACTER When considering the appeal on the neighbouring site at Silver Birches etc. the Inspector notes: "Keymer Road is characterised by good-sized, detached houses set back from the road and occupying substantial plots. The houses are two-storey and vary in design. The gardens are spacious, mature and include an abundance of vegetation and some mature trees. Consequently, the area has a verdant quality, combined with a sense of openness and clear gaps between the houses." As with the previous application as a single dwelling with good spacing to the boundaries (2 metres at the very closest extending up to 6.5 metres at its furthest) it is not considered that the proposed dwelling will appear cramped on its plot, nor unduly close to any of the surrounding dwellings (the closest being some 13 metres away). The plot size, when seen from above, would be different from its immediate neighbours, however, it would not be entirely dissimilar to the plots sizes of similar backland development that has taken place on the opposite side of the road behind Mellow Cottage and further to the south on the land to the rear of Charmouth Oaks. For these reasons, as before, it is not considered that the development of this size with a single detached dwelling would detract from the existing spacious character of the area. As noted above one of the concerns with the previous application was the design of the dwelling, in particular the height of the proposed dwelling in comparison to Farthings. It was felt that the proposed dwelling having a ridge height approximately 1 metre higher than the existing dwelling, would appear out of context and draw attention to its back land position, despite its distance from Keymer Road (some 37 metres). In order to address this previous reason for refusal the current scheme has been amended to reduce the height of the proposed dwelling in order that it is no higher than Farthings. This should ensure that the proposed dwelling is not obtrusive from Keymer Road and will not be seen above Farthings. As a result it is considered that the previous reason for refusal has been addressed and that the impact on the character of the area as a result of this development is acceptable. Consequently the application is deemed to comply with Policies B1 and H3 in this respect. NEIGHBOUR AMENITY As with the previous application the relationship with the neighbours to the east and west of the application site is considered acceptable for the following reasons: To the east, the application site adjoins the rear garden of 4 Woodwards Close, which lies some 30 metres from the mutual boundary. The closest first floor window in the proposed dwelling would be some 16 metres from this mutual boundary. Within a built up area such as this it is considered that this is sufficient distance to ensure that no significant loss of privacy or light would be caused to this adjacent property. To the west is Farthings itself. A new mutual boundary would be introduced some 2 metres from the proposed dwelling, leaving Farthings with a rear garden some 14.5 metres in length. With only a short blank gabled elevation facing the host dwelling it is not considered that the proposal will significantly affect the amenities of the occupiers. To the north the dwelling would be set some 2 metres off the boundary at the very closest with this gap increasing to some 8 metres. 102

103 With a low eaves line (2.2 metres) and the roof pitching away from this boundary it is not considered that the proximity of the proposed dwelling to the mutual boundary will result in it appearing overbearing or dominant to the occupiers of the adjacent dwelling to the north (2 Folders Lane). When the previous application was considered it was deemed that with this neighbouring dwelling being set some 30 metres from the mutual boundary, there would be no significant loss of privacy to this adjacent dwelling. The current scheme now proposes an additional dormer window in the north facing roofslope, however despite this addition, taking into consideration the intervening distances it is officers opinion that this relationship is still acceptable. With the last application the main concern in relation to neighbour amenity was the proximity of a previously proposed dormer window in the southern elevation. This was considered to give rise to a high level of overlooking into the neighbouring property, Sorrento and for this reason the application was refused. In order to address this concern the dormer window in the southern elevation has been removed and now only a single rooflight is proposed in this roofslope towards the rear of the dwelling. This amendment is considered to have satisfactorily addressed officer's previous concerns in this respect and the application is now deemed to satisfy the requirements of Policy B3 of the Mid Sussex Local Plan. ACCESS AND PARKING Access to the application is to be created through the extension of the existing driveway off Keymer Road, alongside Farthings along the southern edge of the application site. This will allow the creation of a driveway 3.8 metres in width to serve the new dwelling. As explained above, a single integral garage would be incorporated into the footprint of the dwelling and additional surface parking and turning would be provided on site. Concerns have been raised that this width of driveway would be insufficient and will encourage visitors and larger vehicles to park on Keymer Road which would then disrupt traffic flow to the roundabout. Whilst these comments have been noted the application has been considered by West Sussex County Council in their capacity as Highways Authority and no objections have been raised. No objections were raised previously in relation to the proposed access arrangements which remain unchanged with this current application. It would therefore be unreasonable for the LPA to introduce this as a concern now. For these reasons the application is deemed to comply with Policy t4 and T5 of the Mid Sussex Local Plan. LOCALISM, GROWTH AND ECONOMIC IMPACT 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. Whilst only one dwelling is proposed, if permitted the LPA would receive a New Homes Bonus for this application. 103

104 NEIGHBOURHOOD PLAN Concerns have been raised that the proposal would be contrary to the emerging Burgess Hill Neighbourhood Plan. At present this plan is at the pre submission consultation stage, with the consultation end date being 12 April. The recently published National Planning Practice Guidance that accompanies the NPPF provides the Governments guidance on when it might be justifiable to refuse planning permission on the grounds of prematurity. It states that: "arguments that an application is premature are unlikely to justify a refusal of planning permission other than where it is clear that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, taking the policies in the Framework and any other material considerations into account. Such circumstances are likely, but not exclusively, to be limited to situations where both: a) the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or Neighbourhood Planning; and b) the emerging plan is at an advanced stage but is not yet formally part of the development plan for the area. Refusal of planning permission on grounds of prematurity will seldom be justified where a draft Local Plan has yet to be submitted for examination, or in the case of a Neighbourhood Plan, before the end of the local planning authority publicity period." Given the above advice and the fact that the Burgess Hill Neighbourhood Plan is at a relatively early stage very limited weight can be attributed to the emerging Burgess Hill Neighbourhood Plan at this point in time. As such there are no grounds to resist the application based on the Burgess Hill Neighbourhood Plan. Conclusions The National Planning Policy Framework (NPPF) specifically excludes private gardens in built up areas from the definition of "previously developed land"; however it does not rule out the development of garden land. The "saved" Policies B1 and H3 of the Mid Sussex Local Plan (2004) indicate that residential development should respect the character of its location but the Council has no specific policy concerning the development of garden land. The Council does not have a five year supply of housing land and therefore in this respect the Local Plan policies are not up to date. Paragraph 14 of the NPPF indicates that in these circumstances planning permission should be granted unless any adverse effects would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole; or where specific policies in the NPPF indicate that development should be restricted. The NPPF also indicates that all housing applications should be considered in the context of the presumption in favour of sustainable development. Weighing all of the above issues it is considered that the proposal has overcome the specific reasons why the previous application was refused and that now the dwelling is of an appropriate design and scale and will not detrimentally affect the character of the area or significantly affect the amenities of neighbouring occupiers. 104

105 It is therefore now felt that the proposal would satisfy all of the relevant policies of the Mid Sussex Local Plan and all three dimensions of sustainability set out in the NPPF (economic, social and environmental). As such the presumption in favour of granting consent set out at Paragraph 14 of the NPPF should apply and for these reasons the application is recommended for approval. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act No development shall take place until details of proposed screen walls/fences and/or hedges have been submitted to and approved by the Local Planning Authority and the dwelling hereby permitted shall not be occupied until such screen walls/fences or hedges associated with them have been erected or planted. Reason: In order to protect the appearance of the area and to accord with and Policy B1 of the Mid Sussex Local Plan. 3. The dwelling hereby permitted shall not be occupied until the parking spaces/turning facilities/and garages shown on the submitted plans have been provided and constructed. The areas of land so provided shall not thereafter be used for any purpose other than the parking/turning/and garaging of vehicles. Reason: To ensure that adequate and satisfactory provision is made for the accommodation of vehicles clear of the highways and to accord with Policy T6 of the Mid Sussex Local 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 5. 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 105

106 6. No development shall be carried out unless and until samples/a schedule of materials and finishes to be used for external walls and roofs of the proposed dwelling have been submitted to and approved by the Local Planning Authority. The development shall be implemented in accordance with these 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 7. No work for the implementation of the development hereby permitted shall be undertaken on the site on Public Holidays or at any other time except between the hours of 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 B23 of the Mid Sussex Local Plan. 8. No construction/building work shall be carried out on site unless there is available within the site in accordance with details approved by the Local Planning Authority provision for the temporary parking of vehicles and the loading and unloading of vehicles associated with the building or other operations on the site throughout the period of work required to implement the development hereby permitted. Reason: In the interests of road safety and to accord with Policy T4 of the Mid Sussex Local Plan 9. No work shall be carried out on site unless provision is available within the site (or other adjacent land within the applicants control) in accordance with details approved by the Local Planning Authority, for all temporary contractors buildings, plant and stacks of materials associated with the development and such provision shall be retained for these purposes throughout the period of work on the site. Reason: To avoid undue congestion of the site and consequent obstruction to access and to accord with Policy T4 of the Mid Sussex Local Plan 10. The development hereby permitted shall not proceed until details of the proposed surface water and foul drainage and means of disposal have been submitted to and approved 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. Reason: To ensure that the proposed development is satisfactorily drained and to accord with Policy CS13 of the Mid Sussex Local Plan. 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or as amended in the future no windows or other openings (other than those shown on the plans hereby approved) shall be formed in the first floor of the west facing wall of the proposed dwelling, nor shall any additional dormer windows or roof lights be inserted into the north and south facing roof slopes of the dwelling hereby permitted without the prior specific grant of planning permission by the Local Planning Authority. Reason: To protect the amenities of adjoining residential properties and to accord with Policy B3 of the Mid Sussex Local Plan. 106

107 INFORMATIVES 1. In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 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 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 Location and Block Plan 213/P1 A Proposed Site Plan 213/P2 C Sections 213/P5 B Proposed Floor Plans 213/P3 C Proposed Elevations 213/P4 C APPENDIX B CONSULTATIONS WSCC This proposal has been considered by means of a desktop study, using the information and plans submitted with this application, in conjunction with other available WSCC map information. A site visit can be arranged on request. I refer to your consultation in respect of the above planning application and would provide the following comments. This previous application was refused planning permission (BH/13/2614) for a 4 bedroom dwelling. The current application therefore in essence seeks only to renew the proposal for the implementation of this previous scheme. The highway implications of this proposal have been considered in detail as part of the previous application. It is not considered that there has been any significant material change in circumstances that would justify a change in recommendation from that previously offered. On that basis, no highway objection would be raised. 107

108 MSDC Street Naming and Numbering Officer I note from the weekly list that this application will require address allocation if approved. Please could I ask you to ensure that the following informative is included in any approval decision notice. Informative: Info29 "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 advice for developers can be found at or by phone on " 108

109 Burgess Hill 6. Copyright and database rights 2012 Ordnance Survey BURGESS HILL BMX TRACK MAPLE DRIVE BURGESS HILL WEST SUSSEX RH15 8DL ERECTION OF NEW BIKE TRACK MR RUPERT BROWNING GRID REF: EAST NORTH POLICY: Ancient Woodland / Ancient Woodland / Ancient Woodland / Ancient Woodland / Areas of Special Control for Adverts / Countryside Area of Dev. Restraint / Informal Open Space / Methane Gas Safeguarding / Methane Gas Safeguarding / / ODPM CODE: Minor Other 8 WEEK DATE: 25th April 2014 CASE OFFICER: Mrs Joanne Fisher 109

110 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 planning permission for the erection of a new bike track within Leylands Park, Burgess Hill. The proposal is appropriate in design and in keeping with the existing use of the site for recreation. It utilises a former bike track area. The bike track will not cause harm to visual amenity of Leylands Park or to the amenities to residential occupiers to the south. It is considered that the bike track is acceptable and would comply with the National Planning Policy Framework and Policies B1 and B3 of the Mid Sussex Local Plan. RECOMMENDATIONS It is recommended that the application be granted subject to the conditions set out in Appendix A. SUMMARY OF REPRESENTATIONS 1 letter of comments concerning the suitability of the proposal, consultation prior to the submission of the application, cost of project and ongoing maintenance SUMMARY OF CONSULTATIONS Mid Sussex District Council Contaminated Land Officer No objections subject to an informative. Mid Sussex District Council Community and Leisure No objections. TOWN COUNCIL OBSERVATIONS Recommend Approval Introduction This application seeks planning permission for the creation of a bike track on Leylands Park, Burgess Hill. The application is being presented to committee as the application is made by Mid Sussex District Council and is on Council owned land. Relevant Planning History There is no relevant planning history. 110

111 Site and Surroundings Leylands Park is situated off Maple Drive and is a large area of green space used as playing fields and informal recreation. The land subject to the application is set away from the football pitches, highway and the parking area and screened by trees. It is currently an open area of land which has previously been used as a bike track which is now overgrown and unusable. To the south is a footpath, vegetation and trees, further open space and residential properties on Maple Drive. To the north are trees, vegetation and further open land. To the east of the site are playing fields and various detached buildings in association with the football club, as well as a Sea Cadets Training Centre. To the north east of the site is Bedelands Farm Local Nature Reserve. The application site is situated within the countryside area of development restraint and is allocated for the use of informal open space within Burgess Hill. Application Details Planning permission is sought for the construction of a BMX bike track to be sited on Leylands Park where a former bike track is situated which has become overgrown and unusable. The bike track is to be divided into two sections of a BMX skills track and a pump track. The skills track is to consist of a number of straights and corners with a number of jumps. The pump track is to the south of the proposed skills track utilising the same start hill and will be a curved triangular shaped track with a number of obstacles of jumps. The longest straight is to be some 48.5 metres with the highest point of the track being 1.5 metres. The tracks seek to utilise the existing levels of the site and will also seek to create a number of jumps and berms for the track using material already on the site from the existing track. Additional material will be imported to surface the track. The track is to be surfaced with dust stone over a type 1 surface to allow the track to be used throughout the year. Tarmac will be laid on high wear areas such as the start ramp and berms. The sides of the jumps will be grassed to help blend the track into the surrounding landscape. List of Policies National Policy National Planning Policy Framework (March 2012) Paragraphs 14, 17, 56, 58 and 73. Mid Sussex Local Plan B1 (design) B3 (residential amenities) District Plan The District Plan was submitted to the Secretary of State for independent examination on 24th July The first hearing session took place on the 12th November The purpose of the first hearing session was solely to hear evidence on whether or not Mid Sussex District Council has met the Duty to Cooperate. The Inspector wrote to the Council on the 2nd December 2013 and said that he was not satisfied that the Council has met the Duty to Cooperate, and has advised the Council to withdraw the plan. 111

112 This means the Council cannot proceed to the next stage of hearings until it has carried out more work with neighbouring councils. At Full Council on 22nd January 2014 authorisation was given to formally withdraw The Mid Sussex District Plan and the Community Infrastructure Levy Charging Schedule from their examinations. This is a technical requirement to enable further work following advice from the Planning Inspectorate. No weight may therefore be given to the plan. Assessment (Consideration of Key Issues The main issue for consideration is the impact to the visual amenity to the area. It is considered that whilst the track will form a more formalised feature to the existing open space, due to a bike track previously being on the site, and the surfacing and levels seeking to blend in with the existing natural features, the track will not cause significant harm to the character of the area. In addition the vegetation around the proposed track site will seek to reduce the visual impact of the track from wider views within Leylands Park. The proposal is thereby considered to comply with Policy B1 of the Local Plan. Impact on amenities of adjacent residents The bike track is set well within the park some 100 metres to the residential properties to the south on Maple Drive. Due to the screening and distances, it is not considered that the bike track will cause significant detriment to the amenities of surrounding residential occupiers. The proposal is thereby considered to comply with Policy B3 of the Local Plan. Conclusions The BMX bike track is appropriate in size and design to the existing use of Leylands Park and due to its siting and materials used on the track will not cause harm to visual amenity or to the occupiers of surrounding occupiers. It therefore complies with the NPPF and Policies B1 and B3 of the Mid Sussex Local Plan. APPENDIX A RECOMMENDED CONDITIONS 1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act No external materials shall be used other than those specified on the approved drawing and the Design and Access Statement date stamped 28th February 2014 without the prior approval of the Local Planning Authority. Reason: To protect the appearance of the building and the area and to accord with Policy B1 of the Mid Sussex Local Plan 3. During construction where contamination of the soil is found, or suspected, all works shall stop in that area and the Local Planning Authority are advised immediately. Works shall not proceed until a scheme detailing the risk from the contamination and the method by which the risk will be eliminated, has been submitted to, and approved by, the Local Planning Authority. Works shall then proceed in strict accordance with the scheme approved by the Local Planning Authority. Reason: In the interests of health of users of the track and to accord with Policy CS20 of the Mid Sussex Local Plan. 112

113 INFORMATIVES 1. In accordance with Article 31 Town and Country Planning (Development Management Procedure) Order 2010 (as amended), 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. 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 Location Plan 19/6B/112/14/ Sections (08) Proposed Site Plan (07) Site Plan (06) APPENDIX B CONSULTATIONS Mid Sussex District Council Contaminated Land Officer The following informative is recommended in relation to the above: "During construction where contamination of the soil is found, or suspected, all works shall stop in that area and the Local Planning Authority are advised immediately. Works shall not proceed until a scheme detailing the risk from the contamination and the method by which the risk will be eliminated, has been submitted to, and approved by, the Local Planning Authority. Works shall then proceed in strict accordance with the scheme approved by the Local Planning Authority." Mid Sussex District Council Community and Leisure The Council does not have a policy regarding the provision of cycling facilities but this project is identified as a priority in the draft Burgess Hill Neighbourhood Plan (Policy LR1) and we welcome the proposal to improve and enhance the existing track. 113

114 Haywards Heath 7. Copyright and database rights 2012 Ordnance Survey MID SUSSEX DISTRICT COUNCIL PLANNING AND ENVIRONMENTAL SERVICES OAKLANDS OAKLANDS ROAD RH16 1SS FOLLOWING DEMOLITION OF FORMER PLANNING BUILDING AT OAKLANDS CAMPUS TO RECONSTRUCT EXISTING CAR PARK IN FRONT OF IT AND EXTEND THE SAME TO PROVIDE 56 NO. ADDITIONAL SPACES. SCHEME TO INCLUDE FOR LIGHTING COLUMNS AND LANDSCAPING. THE RECONSTRUCTED AND EXTENDED CAR PARK WILL BE FOR PUBLIC USE, RATHER THAN PRIVATE (STAFF) USE AT PRESENT. MRS EMMA GRUNDY GRID REF: EAST NORTH POLICY: Areas of Special Control for Adverts / Built Up Areas / Classified Roads - 20m buffer / / ODPM CODE: Minor Other 8 WEEK DATE: 5th May 2014 CASE OFFICER: Mr Stuart Malcolm 114