Agenda and minutes

The minutes of the meeting held on 28 October 2014 were submitted and approved and the Chairman was authorised to sign them as an accurate record.

Councillor Ungar declared that with regard to minute 99, Cavendish School, Eldon Road, having made representations regarding this application to East Sussex County Council’s Planning Committee, he had previously reached a view in relation to this application and considered himself as being pre-determined with regard to it. Councillor Ungar did however address the committee, having earlier taken legal advice that, in the circumstances, it would be acceptable for him to have the same degree of participation in this matter as if he had declared a personal and prejudicial interest under the Council’s Code of Conduct for Members. He withdrew from the room during the officer’s report and following his address whilst the application was considered and voted upon. 

Two storey side and rear extension to house, recessed from main elevation and subservient to main ridgeline to create space for master bedroom, en-suite and utility space. Existing garage to be re-built with new roof to match that of house – RATTON.  Eight letters of objection had been received.

The relevant planning history for the application site and observations of the Specialist Advisor (Arboriculture) and the Specialist Advisor (Conservation) were summarised within the report.

Councillor Belsey, Ward Councillor addressed the committee in objection stating that the large extension proposed would result in an overdevelopment of the site, reducing the proximity of the building to its neighbour, resulting in the loss of light. 

RESOLVED: (By 7 votes with 1 abstention) That permission be refused on the grounds that the proposed extension, by reason of its siting, scale and design, would be an obtrusive and visually dominant form of development resulting in the disruption of the symmetry of a pair of historic properties, to the detriment of the Area of High Townscape Value. The proposal therefore conflicts with Policies UHT1 and UHT16 of the Eastbourne Borough Plan Saved Policies 2007, Policies B2 and 10A of the Eastbourne Core Strategy Local Plan2013 and paragraphs 7,17,56,58, and 126-135 of the National Planning Policy Framework.

Appeal:

Should the applicant appeal the decision the appropriate action to be followed, taking into account the criteria set by the Planning Inspectorate, is considered to be written representations.

Application for approval of Reserved Matters (Access, Appearance, Landscaping and Scale) following approval of outline planning permission granted 6 August 2013 (Ref: 120432) for the demolition of existing garages and erection of a terrace of three houses with associated parking – DEVONSHIRE.  Three objections had been received.

The relevant planning history for the application site and observations of the Planning Policy Manager and Specialist Advisor (Arboriculture) were summarised within the report.  East Sussex County Council Highways made no response due to the nature of the application.

The agent for the application had submitted a supplementary statement which was reported at the meeting.

Mr Holley, addressed the committee stating that he had no issue with the boundary wall and requested that condition 5 of the original outline planning permission (granted on 5 August 2013) be discharged at the earliest opportunity.  Mr Holley raised concerns about the height of the proposed obscured glass windows.

The Specialist Advisor (Planning) advised the committee that the discharge of condition 5 would resolve any boundary treatment issues.

RESOLVED: (Unanimous) That permission be granted subject to the following conditions: 1) The proposed development shall be carried out in strict accordance with the following plans and documents:

1428/01 Rev D – Proposed site location and layout plan received 16 October 2014

1428/02 Rev E – Proposed plans and elevations received 30 October 2014 Block plan received 14 July 2014

2) No development shall commence until samples or precise manufacturers details of all the materials to be used on the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details and shall be retained as such thereafter 3) Notwithstanding the approved details, the development shall not be occupied until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority. These shall include details and locations of trees and planting plans, species specification and samples of hard landscaping materials 4) The finished surface to the driveways, hardstandings, paths and gardens shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the cartilage of the property. No loose surface material shall be used within 2 metres of the edge of the public highway 5) Prior to occupation of the proposed house hereby permitted, the first floor rear windows to the rear elevation serving bedrooms and shall be obscure glazed to a height of 1.7 metres above finished internal floor level and permanently retained as such. The side casement windows shall be non-opening, fixed shut and thereafter permanently retained as such 6) During any form of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment should be provided within the site to prevent contamination and damage to the  ...  view the full minutes text for item 96.

Proposed partial change of use from Class A4 (public house) to Class C3 (residential dwellings), to form 4 maisonettes comprising of 2 two-bedroom and 2 one-bedroom self-contained units – MEADS.  Three letters of objections had been received.

The relevant planning history for the application site and observations of the Tourism Manager, the Specialist Advisor (Conservation), the Specialist Advisor (Planning Policy), the Specialist Advisor (Waste), the Specialist Advisor (Economic Development), the Specialist Advisor (Arboriculture) and Eastbourne Hotels' Association were summarised within the report.

A response from Campaign for Real Ale (CAMRA) was reported at the meeting and related to a loss of the trading floor and former use of the public house as an Inn providing B&B accommodation.

The Specialist Advisor (Planning) advised the committee that the public house trading floor did not form part of the application and was shown to be retained.  The committee was further reminded that the upper floors had planning permission to be converted to residential and as such the Inn concept had already been lost.

RESOLVED: (Unanimous) That permission be granted subject to the following conditions: 1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission 2) In accordance with the submitted drawings 3) Materials to match the existing building 4) Details of refuse storage 5) Hard and soft landscaping and tree planting details.

Demolition of existing buildings and erection of food store together with car parking, landscaping and access – HAMPEN PARK.  Seven letters of objection and 15 letters of support  had been received.  14 additional communications of support had been received.

The relevant planning history for the application site and observations of the Specialist Advisor (Economic Development), the Specialist Advisor (Arboriculture), the Specialst Advisor (Planning Policy), the Specialist Advisor (Environmental Health), the Environment Agency, the Local Highway Manager, the County Archaeologist, Bespoke and Southern Water were summarised within the report.

The applicant also submitted a further statement which was reported at the meeting.  In summary the statement commented on the creation of 30-40 jobs, secured by a local labour agreement, following 5+ years vacancy of the site.  Consultation with the local community had been a key concern of Aldi in developing the site with 87% of residents supporting the application, with no objections to its design or appearance.  East Sussex County Council Highways were satisfied with the proposed access arrangements, with a new vehicular access to Faraday Close being provided at the request of residents.  Parking arrangements supported local business with the car park being made available for visitors to the Hampden Park retail area.

The applicant had requested permission to address the committee.  The Chairman advised that it would be possible to suspend the current rules regarding applicants addressing the committee without the presence of an objector with the full agreement of members.  A motion to suspend the current rules was proposed and seconded and supported unanimously and the applicant was permitted to address the committee.

Mrs Neil, addressed the committee in support stating that 95% of the residents who were direct neighbours of the site supported the proposal.  The development would resolve the current concerns of anti-social behaviour at the site and would be a great asset and improvement for the residents of Hampden Park.

Councillor Belsey addressed the committee in support highlighting the overwhelming support for the development and improvements to a promiment derelict site.  Councillor Belsey referred to the creation of jobs and the overall benefit to the residents of Eastbourne.

Mr Stanley, Property Director, Aldi, addressed the committee reiterating the comments of the applicant reported earlier to the committee.  Mr Stanley also highlighted the £5.1m investment at the Hampden Park site, which would improve the offer for the residents of Eastbourne. Consultation with residents showed overwhelming support for a retail offer rather than industrial use adding that the site was unviable for industrial use, which had been demonstrated by the site having been vacant for in excess of five years.

RESOLVED: RESOLVED: (A) (Unanimous) That planning permission be granted subject to the prior conclusion of a S.106 Agreement or S278 Highways Agreement to secure a financial contribution towards or the delivery of the proposed Highway improvements to Lottbridge Drove, Mountfield Road Roundabout and the provision enhanced bus stops,  Travel Plan and associated audit fee, local employment initiatives, contributions to off-site  ...  view the full minutes text for item 98.

ESCC Consultation: Construction of a new two storey, two form entry primary school including nursery provision with associated parking, 2no. 3G sports pitches, playing surfaces and games court as an extension to the existing school – OLD TOWN.  One letter of objection and one letter of support had been received.

The relevant planning history for the application site and observations of the Specialist Advisor (Arboriculture) and the Specialist Advisor (Planning Policy) were summarised within the report.

Councillor Ungar, Ward Councillor addressed the committee in objection stating that the proposal was strategically in the wrong area of Eastbourne, it would be an overdevelopment of the site and would result in a loss of open space, inadequate parking facilities, and an increase in traffic generation.  There would also be a loss of Elm trees which would be detrimental to the street scene.

Mr Fitzpatrick, Head Teacher, addressed the committee in support stating that the school buildings had not changed since the 1930’s.  A ‘through school’ was supported by both parents and students, with the enquiries for the reception class indicated potential 1/3 enrolment already.  There had been a reduced number of pupils enrolling at the senior level.

Mr Hambrook, ESCC, addressed the committee stating that there had been an increase of 1000+ births year on year in Sussex, which led to an increase in the demand for school placements.  There would be little change in overall numbers of students at the site due to the development of the free school Gildredge House.

NB: Councillor Ungar withdrew from the room whilst this item was considered.

The committee considered the application and acknowledged the need to provide primary school places in Eastbourne however, members felt that this site was inappropriate due to the impact on traffic in and around the school and the increased danger for students.  Members felt that the design was out of keeping with the existing school building.

RESOLVED: (Unanimous) That East Sussex County Council be advised that no objection was raised in principle to the provision of a new school on the site subject to appropriate conditions.  However, concern was raised with regard to the following:

1)   The increased traffic generation and parking within the surrounding roads during pick up and drop off periods and an inappropriate vehicular exit point onto Eldon Road, close to the busy junction with Willingdon Road adding to existing traffic congestion at this junction and consequently within the school grounds.

2)   The adverse impact on surrounding residential amenity with regard to increased on-street parking and traffic, noise and disturbance from the new pedestrian and vehicular access and from Cobbold Road.

3)   The poor quality of design within this prominent location would adversely impact on the appearance and open nature of the site and the street scene.

4)   The loss of playing fields for the existing school within the site which were not adequately replaced or provided elsewhere.

5)   The potential removal of 2 mature Elm Street trees which made a significant contribution to the  ...  view the full minutes text for item 99.

Construction of a new lifeboat station to house the D-class inshore lifeboat and the shore facilities for the Tamar-class all weather lifeboat; Installation of davit crane for launching the ILB D-Class lifeboat over the sea wall; and Siting temporary lifeboat station for duration of the build – SOVEREIGN.

The observations of the East Sussex County Council Highways department and the Environment Agency were summarised within the report.

The committee was advised that it had been confirmed that the existing lifeboat station at Fishermen’s Green was leased to the RNLI by the Council, and that they would surrender the lease on their renewal date in 2018 back to the Council.

RESOLVED: (Unanimous) That permission be granted subject to the following conditions:1)  Time for commencement 2) Approved drawings 3) Samples of materials 4) Demolition and construction method statement 5) Hours of construction 6) The temporary containers shall only be in place during the construction period of the approved development and shall be removed on occupation of the building hereby approved.

Informative:

This application does not grant permission for the flagpole/flag shown on the approved drawings which would constitutes an advertisement for which advertisement consent is required, a further application would be required for advertisement consent prior to the display of this advertisement.

Erection of a five bedroom dwelling including annexe, with access from Melville Lane – RATTON.  10 letters of support and four letters of objection had been received.

The relevant planning history for the application site and observations of the Specialist Adviser (Arboriculture), the Highway Authority, the Specialist Adviser (Planning Policy), the County Ecologist and South Downs National Park  were summarised within the report.

RESOLVED: (Unanimous) That permission be granted subject to the prior conclusion of a s106 legal agreement to secure a financial contribution towards off site affordable housing, and the following conditions: 1) Commencement within three years 2) Compliance with plans 3) Affordable housing and flood storage contributions 4) Samples of materials 5) Tree protection 6) No burning on site 7) No excavations near trees 8) Routes of services 9) Tree replacement and landscaping details 10) Tree maintenance programme 11) Retention of boundary trees and planting 12) Details of surface water drainage 13) Restriction of permitted development rights (windows) 14) Restriction of permitted development rights (extensions) 15) Obscure glazing in side elevation with restrictors 16) No illumination of site without prior approval of LPA 17) Details of external plant and machinery (heat recovery etc) 18) Hours of operation during construction 19) Route for construction vehicles 20) Removal of existing stable roof by hand 21) Submission of compliance with Code Level 4 22) Submission of details of a Sustainable Urban Drainage Scheme 23) Submission of details of a scheme for the removal of spoil under licence.

Erection of a single storey building situated between the Junior &Infant schools to create additional office, administration and staffroom space involving alterations to access road and associated landscaping – UPPERTON.  One letter of objection had been received.

The relevant planning history for the application site and observations of the County Archaeologist and the Specialist Advisor (Planning Policy) were summarised within the report.

RESOLVED: (By 6 votes with 2 abstentions) That permission be granted subject to the following conditions: 1) Time limit 2) Travel Plan 3) Materials to match existing

Listed building consent is sought for works to the Grade II* listed building, namely; 1) Dismantling the steel super structure [Arcade] and removal from site 2) Removal all fire-damaged cast iron furniture (balustrades, lighting columns and wind-breaks) and timber waling beam support sections, in all areas affected by the fire. Refurbish and replace where required, replacement balustrade posts and panels in steel / alloy 3) Replace all lattice girders and deck beams, test cast iron piles for cracking or heat defects. Repair, strengthen or replace where necessary – DEVONSHIRE.

The committee was advised that the public consultation period had not yet expired and therefore the recommendation on page 98 of the report was correct, not as stated on page 93 of the report.

At their meeting on 18 November 2014 the Conservation Advisory Group had no objections to the proposals and very much looked forward to the next stage of the project.

The Specialist Advisor (Conservation) advised that the scheme of recording in accordance with Level 3-4 of the EH guidance should be adopted and implemented in this demolition programme.

The committee was advised that English Heritage had commented on the proposals as follows: the nineteenth century pier was grade II* listed, although only parts of the substructure were original. Following the severe fire damage on 31 July 2014, the 1925 pavilion (referred to in the application documents as ‘the Arcade’) with a relatively intact interior was completely destroyed. 

Structural surveys had now been carried out, indicating that many of the original Eugenius Birch cast iron piles appeared to be in sound condition, but that later steel girders, beams and cross-bracings  of the substructure had suffered damage to a lesser or greater degree, and needed to be replaced.  The timber deck in its entirety was lost within the affected area and much of the cast iron balustrading and its integral lighting columns had also been damaged.

This application sought to dismantle the steel frame of the Arcade, remove and replace as necessary the modern girders and beams, replace timber decking, refurbish were possible cast iron balustrading, lighting and columns, and faithfully replicate these details elsewhere.

The National Planning Policy Framework required that in determining applications, any harm to or loss of significance to designated heritage assets required clear and convincing justification (Para.132).  Here, the fire had undoubtedly resulted in very severe harm to the significance of Eastbourne Pier. 

English Heritage was persuaded however that there was no reasonable possibility of repairing the very warped and damaged 1925 Arcade building, and that little additional harm to the significance of the Pier would arise as a result of its being dismantled. 

Further there were clear public benefits associated with re-opening the Pier and beginning a process of repair and reconstruction.

In agreement with the Local Planning Authority, English Heritage therefore accepted the loss, subject to a detailed recording exercise, which the Applicant had been ably undertaking since the early days following the fire.  The removal of the Arcade would facilitate further  ...  view the full minutes text for item 103.

Report of Senior Head of Development.

The committee considered the report of the Senior Head of Development which sought members views on the proposed submission version of Employment Land Local Plan due to be considered at the Cabinet meeting on 10 December 2014.

Members were reminded that in May 2012, the Eastbourne Core Strategy Local Plan was subject to Public Examination by a Planning Inspector. The Inspector expressed concerns over the evidence that supported Core Strategy Policy D2: Economy, particularly relating to the employment land supply. In order to address this issue without delaying the adoption of the Core Strategy, the Inspector recommended that Core Strategy Policy D2: Economy be the subject of an early review, leading to its replacement with an additional Local Plan to deal specifically with the employment land supply.

In order to meet this requirement an Employment Land Local Plan (ELLP) was being produced. The ELLP would guide job growth and economic development in Eastbourne up to 2027 by identifying an appropriate supply of land for future employment development, in order to achieve a sustainable economy and make Eastbourne a town where people want to live and work. It specifically related to land and buildings within the B1 (Offices and Light Industry), B2 (General Industry) and B8 (Storage and Distribution) Use Classes.

The report further detailed the representations on the proposed draft ELLP and the subsequent amendments that were made.

In order to progress the ELLP toward adoption a Proposed Submission version now needed to be published to allow for representations to be made on issues of soundness.

Following the representation period, it was recommended that the Local Plan Steering Group consider a summary of representations and the need for further changes, and that the Senior Head of Development be given delegated authority to approve the submission of the ELLP to the Secretary of State ahead of public examination by a Planning Inspector. It was anticipated that this would take place around May/June 2015. If found sound at examination the ELLP would be formally adopted by the Council.

Planning Committee was asked to consider the proposed submission and any comments would be considered and reported verbally to Cabinet at its meeting on 10 December 2014.

In addition the committee was advised that the planning application relating to the land at the former Cosmetica site, Faraday Close (ALDI application) was located within the Designated Industrial Estate as identified by the Employment Land Local Plan. In the event that the current application for the land at the former Cosmetica site, Faraday Close site (ref: 140958) was approved by Planning Committee, the industrial estate boundary would need to be amended to remove this site from the designated area.

Members were asked to give delegated authority to the Senior Head of Development to amend the boundary of the designated industrial estate before the report was considered by Cabinet.

RESOLVED:  (Unanimous) That delegated authority be granted to the Senior Head of Development to amend the boundary of the designated industrial estate as detailed  ...  view the full minutes text for item 104.

Report of Specialist Advisor (Conservation).

The committee considered the report of the Special Advisor (Conservation) seeking confirmation of the Article 4 Direction for the Park Close Conservation Area.

Members were reminded that the designation of Park Close as a Conservation Area arose following a definition of the special architectural and historic interest of the area was compiled in the form of a detailed character analysis. The Council, in its role as local planning authority, sought to manage any significant changes to the area in ways that maintained and strengthened its special interest.

The Park Close Conservation Area Management Appraisal was considered by Cabinet on 23 October 2013. It set out the special nature of the area with a recommendation for protection of the setting of the heritage assets. At its meeting on 4 March 2014, the Planning committee supported the making of an Article 4 Direction for Park Close.  The special nature of Park Close was partially controlled by virtue of its being a Conservation Area, however, even in a Conservation Area, householders had “permitted development rights” that, if implemented without oversight, could erode the special historic and architectural character and appearance of Park Close.  Members therefore also recommended that subject to consultation with the residents; this position should be modified by the local planning authority.

The Direction under Article 4, attached as appendix A of the report, arranged matters so that homeowners would need to seek specific council permission for works such as; replacement windows, doors and bargeboards, the removal of front gardens to create parking spaces and other works which currently would not normally require planning consent.  There would be no charge to the homeowner for an Article 4 application to seek permission for works controlled by such.  The administrative and other costs for considering such an application would be met by the Council.

Before deciding whether to confirm the Direction, members were requested to consider the results of the statutory consultation that had taken place.  The consultees were listed within the report and the representations received were included as appendix D of the report.

The Notice of the making of the Direction had been communicated to all interested parties and local media.  A specified period of 28 days was given for the receipt of representations on the Direction. The Notice included the proposed date on which the Direction, if confirmed after any representations have been considered, would come into force, which would therefore be 31 January 2016.

RESOLVED: (Unanimous) That the Article 4 Direction for the Park Close Conservation Area be confirmed.

None received.