Agenda and minutes

Eastbourne Borough Council Planning Committee
Tuesday, 20th November, 2018 6.00 pm

Venue: Court Room at Eastbourne Town Hall, Grove Road, BN21 4UG

Contact: Committee Services on 01323 410000 

Items
No. Item

60.

Minutes of the meeting held on 23 October 2018. pdf icon PDF 128 KB

Minutes:

The minutes of the meeting held on 23 October 2018 were submitted and approved and the Chair was authorised to sign them as an accurate record.

 

61.

Apologies for absence.

Minutes:

An apology for absence was reported from Councillor Miah.

 

62.

Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests as required by the Code of Conduct.

Minutes:

Councillor Metcalfe MBE, declared a personal interest in minute 64 as he knew the objector in so far as he was the former owner of the objectors property.  Councillor Metcalfe MBE was of the opinion that he did not have a prejudicial interest in the matter and remained in the room and voted thereon.

 

63.

147 Priory Road. Application ID: 180865. pdf icon PDF 143 KB

Minutes:

Demolish part of the existing dwelling and garage and erect a new detached bungalow and create an additional two off street parking spaces with new vehicular access – ST ANTHONYS.

 

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 permission.

2. The development hereby permitted shall be carried out in accordance with the following approved drawings:-

25840-01;

25840 11;

25840 14;

25840 16;

25840 17;

Flood Risk Assessment Ref: 06696-jmla-TP-00-RP-D-2110-S4-P02.

3. The development hereby permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) (28 August 2018) and the following mitigation measures detailed within the FRA:

a) Finished floor levels are to be set no lower than 3.5m AOD as stated in para. 7.6 of the FRA;

b) A site-specific Flood Emergency Evacuation Plan is implemented as part of the development, as stated in para. 7.6. This is because occupants have no access to safe refuge, thus require identification and provision of safe route(s) into and out of the site to an appropriate safe haven;

c) Site owners/occupiers sign up to the Environment Agency’s Flood Warning Service as detailed in para. 7.6 of the FRA, in order for them to have sufficient time to evacuate the site in advance should it be required.

d) Appropriate flood resistance and resilience measures are to be incorporated within the development, as detailed in para. 7.6, to help prevent flood water entering the property and limit the damage caused to the structure and fittings;

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extension, enlargement or other alteration of the dwelling house other than that expressly authorised by this permission shall be carried out without planning permission obtained from the Local Planning Authority.

5. The external finishes of the development hereby permitted shall match in material, colour, style, bonding and texture those of the existing dwelling at 147 Priory Road.

6. The development hereby approved shall not be occupied until space has been laid out within the site in accordance with the approved plan 25840 11 to allow for 2 cars to be parked on each site. Thereafter, the parking and turning spaces shall be maintained in place throughout the lifetime of the development.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no hardstanding or and/or car parking spaces shall be formed to the front of the dwelling, nor shall any vehicular access be  ...  view the full minutes text for item 63.

64.

Langney Shopping Centre Car Valet, Langney, 64 Kingfisher Drive. Application ID: 180931. pdf icon PDF 132 KB

Minutes:

Proposed change of use of part of the surface area car park to Langney Shopping Centre and construction of a single storey industrial building for use as a tyre fitting, tyre repair and wheel replacement premises containing four bays for customer vehicles and associated office, staff area and reception (Amended scheme following refusal of application 180257) – LANGNEY.

 

Mr Kifford addressed the committee in objection stating that this application did not differ from the previous one which had been refused. He also stated that there would be disruption from noise and smells and that it would be an eye sore for residents in Fern Close.

 

Councillor Tester, Ward Councillor, addressed the committee in objection stating that he agreed with Mr Kifford’s comments and that the scheme was no different.  The proposed use was not ‘retail’ and that Langney Shopping Centre was the second most important shopping centre outside of the town centre.  He also felt that this proposal would jeopardise the long term sustainability of the site.

 

Mr Forland, applicant, addressed the committee in objection stating that the design of the building was modern and energy efficient with excellent sound proofing to mitigate resident’s concerns.  The building would be secure at night with CCTV and shutters to prevent vandalism and anti-social behaviour.  The proposal would not include major mechanical works to vehicles and tyres would be stored and disposed of in an appropriate and environmentally friendly way.  He also stated that the proposal would be adjacent to the B2191 which was well used and saw some 80 bus journey’s per day.

 

The committee discussed the application and agreed that there had not been any significant changes to the scheme and that therefore their objections remained the same.

 

Resolved: (By 5 votes to 2) That delegated authority be given to the Interim Head of Planning to negotiate, with the applicants, a more suitable location for the proposed development, which would then be the subject of a further planning application.  

 

2. Should the negotiations not provide a more suitable location then; permission be refused on the grounds that:

 

a. The proposed development by reason of its design, layout and appearance would result in a form of development that would incongruous and discordant with the prevailing pattern of development in the area and as such fails to maintain local distinctiveness. The scheme is found to be discordant with Policies Policy D10a of the Councils Core Strategy.

 

b. The proposed development would be considered to introduce an ‘ industrial activity’ within this prime retail location and such may have an adverse impact upon the retail function , supporting car parking and thereby have the potential to impact upon the long term viability  of this District Centre. The scheme is found to be discordant with Policy C8 and D4 of the Eastbourne Borough Plan. 

 

Appeal

 

Should the applicant appeal the decision the appropriate course of action to be followed, taking into account the criteria set by the Planning Inspectorate, is considered to  ...  view the full minutes text for item 64.

65.

Savoy Court Hotel, 11-15 Cavendish Place. Application ID: 180826 (PPP) and 180827 (LBC). pdf icon PDF 530 KB

Minutes:

Planning permission for conversion of existing hotel into 15 residential one bedroom self-contained flats (Listed Building Consent sought under application 180827) – DEVONSHIRE.   

 

Resolved (180826) (A): (Unanimous) That subject to a subject to S106 legal agreement covering:

a) Local labour iniaitves and

b) Affordable housing initiatives

 

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 permission.

2. The development hereby permitted shall be carried out in accordance with the approved drawings submitted on 16 August 2018:

2995/3/00 – Location and block plans

2995/3/01 ‘C’ – Lower Ground Floor Plan as proposed

2995/3/02 ‘B’ – Upper Ground Floor Plan as proposed

2995/3/03 ‘B’ – First Floor Plan as proposed

2995/3/04 ‘B’ – Second Floor Plan as proposed

2995/3/05 ‘C’ – Third Floor Plan as proposed

2995/3/06 ‘A’ – Third Floor Plan as proposed

2995/3/07 ‘C’ – Front Elevation as proposed

2995/3/08 ‘B’ – Rear Elevation as proposed

2995/3/09 ‘B’ – Rear/Side Elevation as proposed

2995/3/010 ‘B’ – Section as proposed

2995/3/11 ‘A’ – Site Plan as proposed

2995/3/12 ‘A’  – LG Floor External Steps 13 Cavendish Place

2995/3/13 ‘A’  – LG Floor External Steps 11 Cavendish Place

3. The materials to be used must match as closely as possible, in type, colour and texture those listed in the Heritage Statement (note: summary of work Section amended 12/09/18) and Section 9 of the application.

4. The refuse and recycling storage areas and cycle storage areas shall be fully implemented and made available for use prior to the first occupation of the development hereby permitted and shall thereafter be retained for use at all times; details of secure cycle parking facilities shall be submitted to and approved in writing by the Local Planning Authority prior to their installation.

5. Prior to the first occupation of the development hereby approved details of the hard and soft landscaping to the rear yard area shall be submitted to and approved in writing by the local planning authority; and all existing trees shall be retained, unless shown on the approved drawings as being removed.  All trees on and immediately adjoining the site shall be protected from damage as a result of works on the site, to the satisfaction of the Local Planning Authority. This should be in accordance with relevant British Standards (BS 5837:2012) for the duration of the works on site.  In the event that trees become damaged or otherwise defective within five years following the contractual practical completion of the development, the Local Planning Authority shall be notified as soon as reasonably practicable and remedial action agreed and implemented.  In the event that any tree dies or is removed without the prior consent of the Local Planning Authority, it shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such  ...  view the full minutes text for item 65.

66.

Unit 7 and 8, The Crumbles. Application ID: 180666/7. pdf icon PDF 145 KB

Minutes:

180666 - Change of use of Unit 7 (ground and first floor) from a cinema (Use Class D2) to retail (Use Class A1) and 180667 - Extension of existing mezzanine floor in Unit 7 to be used for retail purposes (Use Class A1) – SOVEREIGN.

Mr Wilks addressed the committee on behalf of the applicant stating that smaller units would increase the varied offer for patrons, and the units would not impact on the town centre retail offer.  He further stated that they would be filled by companies that would not wish to occupy a town centre location.

The committee was advised, by way of an addendum report, that the applicants had reviewed the conditions attached to the report and had requested amendments to the attached conditions.  The committee considered the amendments and felt that it was important to retain larger units given that the existing smaller unit – formally Blockbusters – close to the application site had remained vacant.

Resolved: (Unanimous) That delegated authority be granted to the Interim Head of Planning to amend condition 4 (prior to the issue of the decision notice) as necessary to ensure it does not prevent the sub-division of the site into 2 units and that otherwise permission be granted subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

2. The development hereby permitted shall be carried out in accordance with the following approved drawings:-

2051 URB U7 [08] 00 01 Revision D00;

2051 URB U7 [08] 00 05 Revision D00;

2051 URB U7 [08] 10 02 Revision D00;

Travel Plan produced by Motion and dated 09/10/2018;

3. Upon the occupation / commencement of use, the applicant shall implement the measures incorporated within the approved travel plan.  The applicant shall thereafter monitor report and subsequently revise the travel plan as specified within the approved document.

4. The approved retail unit shall not be subdivided to create a unit with a floor space of less than 1500 m².

5. Notwithstanding the provisions of the Town and Country Planning Use Classes Order, the retail use hereby approved shall not be permitted to sell to any extent (other than ancillary) any items from the following list unless the end user has been named and agreed in writing by the Local Planning Authority:-

  • Fashion (clothing)
  • Footwear
  • Sportswear
  • Children’s wear
  • Toys
  • Food (falling within Use Class A1)

6. The unit(s) shall not be open to customers outside of the following times:

08:00 – 20:00 Mondays to Saturdays

10:30 – 16:30 Sundays and Bank Holidays

7. No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The quantum provided must meet or exceed the ratio of 10 short term spaces, plus 1 long-term space for every 10 full-time staff member. The area[s] shall thereafter be  ...  view the full minutes text for item 66.

67.

South Downs National Park Authority Planning Applications.

Minutes:

There were none.

 

68.

Appeal Decision - 5 Fastnet Close. pdf icon PDF 116 KB

Minutes:

The Inspector dismissed the appeal.

 

Resolved: That the Inspector’s decision be noted.