Decisions

The interim Asset Manager explained that this extraordinary meeting had been called as the works required to be undertaken could not wait for approval until the next scheduled meeting of the Committee due to be held on 30 September 2021. He then provided members with an overview of his reported advising that the communal heating system at Bersted Green Court that provides heating and hot water for 75 older residents required replacement. The Committee were being asked to provide approval to appoint the recommended contractor to replace the communal boiler and plant as they have extensive knowledge of Bersted Green Court, the necessary skills and knowledge to carry out the work and the price quoted represented value for money. In summing up he explained that replacement of the system prior to winter of 2021 was required to reduce the risk of the current heating system failing. The situation had been further compounded by the need to remove asbestos from the plant room before any works could start and removal of this is required to take place during the summer.

          The Chair then invited debate where the following points were raised, as the funds for this work were proposed to be taken from the Kitchen and Bathroom Programme Budget what was the status of this fund and would there be any impact on its required start date, it was explained that the Kitchen ad Bathroom Programme Budget fund would be fully funded by the time the work was required to start. Further discussion was had on the life span of a commercial boiler, what other additional works were required for Bersted Green Court and the size of each unit within the building, would there be any disruption to the residents whilst the work to replace the heating system was carried out and if so what and how would this be communicated to the residents. All points raised were answered in full by the Director of Services and the Interim Asset Manager. The Chair also reminded the Committee that she had requested a full review be undertaken of Arun’s sheltered housing schemes.

The recommendation was then proposed and seconded and,

          The Committee

                     RESOLVED

That the waiver of standing orders to award a contract to replace the communal heating system at Bersted Green Court be approved and that the virement of £150,000 from the Kitchen and Bathroom Programme Budget to the Boiler Budget Programme Commercial Budget to fund the project also be approved.

The Licensing Manager presented her report, noting that this was an opportunity to create a springboard for some positive contributions to the local area. She explained the history of street trading legislation, that Arun last adopted street trading controls in April 1987, the accelerated change over the last 18 months within the District and the need to respond to it, the Council receiving an increasing amount of enquiries from those wishing to street trade and in areas that the Council did not currently control, and local businesses looking to diversify and explore new opportunities. She further explained that the policy intended to use street trading as a means to enhance the local area and increase vibrancy and footfall, and also as an effective mechanism for dealing with anti-social behaviour. She concluded by outlining the process to follow in adopting the new policy and stressed that the policy was drafted so that the Licensing Authority could actively identify and promote opportunities for street trading. She confirmed that post-consultation the draft policy would return to Committee.

The Chair commended the Licensing Manager and her team on this piece of work, commenting that it would actively benefit the area and was excellently timed as there were a number of businesses in the District wanting to operate differently coming out of the pandemic. The Vice-Chair also thanked the Licensing Manager and her team and noted that the draft policy highlighted what the Council needed to do to control and improve what potentially could be the future of the District’s streets post-pandemic. Members then took part in a full debate on the item where a number of points were raised including whether streets not designated ‘prohibited’ could be added to this list at a later date, the lack of prohibited streets in Rustington, whether a summary of key points could be provided as it was a lengthy document, whether there was a design or style guide and the role of Officers in the approval process.

The Licensing Manager provided Members with answers to all points raised during the debate. She confirmed that streets could be added to the prohibited list at a later date, that stall specifications (how they were to be set out etc.) were listed in the appendices and that there would always be an element of subjectivity to ensure consistency in the decision-making due to the wide range of street trading offerings that could come forward. She also confirmed that, if approved, the draft policy would be made available on the Council’s website from Monday 13 September 2021 for a 6 week period, that people would be invited to make comments and give feedback, and that the webpage would include a summary of the document so people could understand in brief what it was about though the document by its nature had to be longer to ensure the necessary detail was included.

The recommendations were then proposed and seconded.

The Committee

RESOLVED

That the draft Street Trading and Markets policy be published for consultation for a period of 6 weeks.

It was proposed and seconded that the remaining Licensing Committee meetings for 2021/22 continue to start at 9.30am.

The Committee

RESOLVED

that the start time of all remaining meetings of the Committee for 2021/22 would be 9.30am.

The Minutes of the meeting held on 29 January 2021 were approved by the Committee.

The Group Head of Planning presented his report with some background information of the proposed wind farm and highlighted Section 3 of the report which contained some of the major conclusions drawn from a preliminary environmental report prepared in support of the application and response from internal consultees on technical matters.

Members then took part in a full debate on the item where a number of points were raised including:

·         the importance of the issue of views to the sea and how the wind farm might affect the leisure and tourism industries

·         how the larger (than Rampion 1) wind turbines might dominate the skyline and whether this was overdevelopment

·         whether this development should be considered inshore rather than offshore as it was within the 12-mile limit

·         the effect on the environment and economy of Arun, which might not be immediately obvious

·         the need to commission a report into the impacts of the wind farm

·         a lack of available evidence more generally on the effect to coastal towns and whether Arun could make direct enquiries to other Local Authorities that have gone through this experience

·         the shipping lanes preventing the wind farm being located further from the coast

·         the purpose of this response, clarifying Arun’s opening position which would then be further informed by the Local Impact Report to be followed by a more detailed response in answer to the particular issues identified by Arun rather than the proposers

·         the reality that wind farms will happen due to the climate emergency, but that Arun must reap the benefits if we are to have this on our horizon

·         the question of training and what this might look like, from both new and growing industries

·         the need for comments around habitat loss and disturbance to be beefed up, the Arun River valley being one of the District’s most special and protected landscapes, and to know more about the impacts on wildlife and to what extent this could be mitigated

·         a local assessment on environmental impacts alone not being good enough, a study with a much wider scope being necessary and whether Arun should be open to the idea of other Authorities coming into this study with us rather than it being led by others as it was considered Arun was the Authority to suffer the largest impacts

·         the need to submit a holding objection and await the findings of the Local Impact Report

The Group Head of Planning confirmed that he would formulate a response in consultation with the Chair and Vice-Chair which would be submitted before the end of the consultation period and that the report would be amended based upon this debate.

The recommendations were then proposed and seconded.

The Committee

RESOLVED to

1.    Agree the contents of the response to the consultation.

2.    Note that a Supplementary Estimate would be needed to commission a Local Impact Report to be prepared to be submitted to the Secretary of State.

1 Public Speaker

Hardeep Hunjan – Agent

Approval of details reserved by condition imposed under ref P/134/16/OUT relating to Condition No 34 - statement of how WW2 Infantry Section Post will be retained & integrated.

The Strategic Development Team Leader presented her report. This was followed by 1 Public Speaker.

Members warmly welcomed these proposals and thanked the developer for coming up with the strategy.

The Committee

RESOLVED

That the written scheme of investigation be agreed to inform a statement explaining how the WW2 Infantry Section Post will be retained on the site and that Condition 34 be discharged accordingly.

[Councillor Bower redeclared at the beginning of this item his Personal Interest made at the start of the meeting.]

Replacement garage. This site is in CIL Zone 4 (Zero Rated) as other development.

The Planning Team Leader presented his report.

Members then took part in a full debate on the application where the need for a site visit was discussed and justified due to the differences between what was on the ground and how this was presented in the planning documentation.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

[Councillor Blanchard-Cooper entered the meeting at the beginning of this item.]

3 Public Speakers

Pagham Parish Council

Owen Jones - Agent

Cllr Huntley – Arun District Council Ward Member

Approval of reserved matters following P/30/19/OUT for 300 No. new homes, internal roads, footpaths & cycleways, car parking & landscaping. This application affects the setting of a listed building & falls within Strategic Site H SP2, CIL Zone 1 (Zero Rated).

The Strategic Development Team Leader presented her report with updates. This was followed by 3 Public Speakers.

Members then took part in a full debate on the application where a number of points were raised including:

·       the absence of the care home from the application

·       whether there would be adequate and safe pedestrian and cycle paths to the proposed school on an adjacent separate site

·       the widths of roads and whether they are too narrow and could lead to issues for emergency and refuse vehicles, and whether tracking information had been confirmed

·       whether parking was not always in the right place so that residents could park outside their own house

The Strategic Development Team Leader and Group Head of Planning provided Members with answers to all points raised during the debate, confirming that the site for the care home was still reserved for a care home but that this reserved matters application only concerned the housing part of the development. The Group Head of Planning further reminded Members to ask any questions ahead the meeting as per the guidance in the agenda where an answer may have needed looking up to ensure Officers can provide answers and avoid unnecessary delays to the meeting.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

1 Public Speaker

Harish Puthran – Objector

Coffee trailer business to be located on the shingle area adjacent to the paved forecourt. This application may affect the setting of a listed building & is in CIL Zone 4 (Zero Rated) as other development.

The Group Head of Planning presented the report. This was followed by 1 Public Speaker.

Members then took part in a full debate on the application where a number of points were raised including:

·       it not being in keeping with the area and its impact on the picturesque nature of the village

·       creating competition with an established café and whether it was in the wrong place

·       competition not being a planning consideration

·       the possibility of adding conditions preventing cooking and seating being introduced in the future, probably with lesser business rates

·       how would the trailer be powered and would it be noisy

·       the lack of an environmental statement in the Officer’s report and concerns over litter and recycling with lack of space for bins

The Group Head of Planning provided Members with answers to all points raised during the debate.

The Committee

RESOLVED </AI10><AI11>

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

[Councillor Charles redeclared at the beginning of this item his Personal Interest made at the start of the meeting.]

Outline planning permission with some matters reserved for demolition of existing treatment works and redevelopment of a former camp site on the edge of the River Arun to provide up to 105 homes, 100sqm of A1 Shops use, 220sqm of A3 Restaurant use and 420m of pontoons to provide approximately 32 leisure moorings along with associated landscaping, sluice gate, flood defence works, car parking and highways works, including access. This application also lies within the parish of Clymping, may affect a Public Footpath and is a Departure from the Development Plan.

The Strategic Development Team Leader presented her report with updates.

Members then took part in a full debate on the application where a number of points were raised including:

·       support for the principle of the development but concern over issues including the access to the development from the roundabout which repeats a similar situation seen at the Wick roundabout which West Sussex County Council are proposing to change and the impact of pedestrian crossings to traffic low

·       the development being considered contrary to T SP1 and T DM1 in the Local Plan as there was no convenient access to close-by public transport

·       whether an 8-storey development was unacceptable scale and height for the location and would comprise views from the bridge to Arundel and the South Downs

·       support for the modern design of the development

·       a good use of the area

·       how sustainable the development was, being built on an area very likely flood, and questions over what energy saving or climate contribution the developers were making

The Strategic Development Team Leader provided Members with answers to all points raised during the debate.

The Committee

RESOLVED

That the Planning Committee delegate to the Group Head of Planning (in consultation with the Chairman and the Vice Chairman) authority to:

a)    Authorise the execution and completion of the Section 106 Agreement following negotiation to secure a viability review mechanism

b)    Grant planning permission subject to conditions and the Section 106 Agreement

c)    Should there be a failure to reach agreement on the Section 106 Agreement within three months, to refuse planning permission for the following reasons:

1.    In the absence of a completed S106 Agreement the proposed development would fail to provide a satisfactory mechanism to secure affordable housing provision or contributions contrary to policies INF SP1 and AH SP2 of the Arun Local Plan 2018

2.    In the absence of a completed S106 Agreement the proposed development would fail to provide satisfactory mitigation for the impact on the A27 and would not secure the requirement Travel Plan auditing contribution contrary to policy T SP1 of the Arun Local Plan 2018

2 Public Speakers

Roy Gibbs – Objector

Jackie Nelmes – Objector

Re-modelling of existing swimming pool with re-clad elevations and private roof terrace over. This site is in CIL Zone 4 (Zero Rated) as other development.

The Planning Team Leader presented his report. This was followed by 2 Public Speakers.

Members then took part in a full debate on the application where a number of points were raised including the overlooking impact being worse than the images in the Officer’s report and presentation suggested, it was over-impinging on existing residents and whether the pool would be for the use of guests only or available for events.

The Planning Team Leader provided Members with answers to all points raised during the debate.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

[Councillor Charles redeclared at the beginning of this item his Personal Interest made at the start of the meeting.]

3 Public Speakers

Cllr Colin Humphris – Climping Parish Council

Alan Lovell - Objector

Cllr Amanda Worne – Arun District Council Ward Member

Reconfiguration of Ford Market, including revised market access, hardstanding for replacement vehicular parking and associated infrastructure, landscape, ancillary and site preparation works.

The Strategic Development Team Leader presented her report with updates. This was followed by 3 Public Speakers.

Members then took part in a full debate on the application where a number of points were raised including:

·       the inability to consider the impact of a prospective adjacent planning application on the approval of an application being heard at the meeting as Committee could not know what might come and what might be implemented should approval be given

·       previous development having been refused due to it not resolving issues around the Oystercatcher roundabout and creating traffic issues for Horsemere Green Lane

·       the traffic impacts on Horsemere Green Lane and the need for a traffic study of the lane as evidence to support future decisions especially when County Highways have given no reason to refuse, and that this study could be funded by the Parish Council from CIL payments

·       concerns over the entrance to the site on Ford Road which has its challenges now before the removal of another entrance, queuing at this entrance only worsening if all traffic be directed to it, and problems with parking on the road

·       concerns and criticism of the discrepancy between official vehicles numbers and those in residents’ studies, no mention of Saturday markets in the report, how these made making a decision difficult and whether independent research could be commissioned to resolve this

·       the modelling only being concerned with the junction on Ford Road with no mention of Horsemere Green Lane, Yapton Road or the Oystercatcher junction

·       impacts of the market on other businesses due to the conflict between pedestrians and heavy goods vehicles.

It was proposed and seconded that the application be deferred to allow for further evidence gathering to be undertaken.

The Committee

RESOLVED

That the application be deferred for further evidence gathering to be undertaken on the transport and highway implications over a wider area than that which had already been studied.

1 Public Speaker

Dawn Appleton – Agent

Demolition of existing buildings and erection of 2 No. dwellings with associated car ports/parking, alterations to existing access and relocation of staircase to flats. This site is in CIL Zone 4 and is CIL liable as dwellings.

The Group Head of Planning presented the report. This was followed by 1 Public Speaker.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

1 Public Speaker

Cllr Mrs Jan Rufey – Aldwick Parish Council

Approval of reserved matters following outline consent AW/130/18/OUT (layout, scale, landscape & appearance) for the erection of 8 No. dwellings with access between 34 & 36 Carlton Avenue.

The Planning Team Leader presented his report. This was followed by 1 Public Speaker.

Members then took part in a full debate on the application where the issue of road widths on the site being too narrow was raised.

The Planning Team Leader provided Members with answers to all points raised during the debate.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

1 No. 4 bedroom detached dwelling with a detached 3 bay garage (2 open bays and 1 enclosed), associated foul field drain, storm soakaway, new front boundary treatment, roof mounted PV & Ground Source Heat Pump System (resubmission following AL/62/19/PL). This site is in CIL Zone 3 and is CIL liable as new dwelling.

The Planning Team Leader presented his report with updates.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed and a further 4 week period to allow for more information to be submitted on the trees on the site and which conditions will apply to these.

Public Speaker

Stephen Underwood – Applicant

Demolition of Wings House & erection of 71 No. replacement dwellings (70 net new dwellings), access arrangements, sustainable drainage measures, public open space, landscaping & all other associated works (resubmission following AL/46/20/PL). This application is a Departure from the Development Plan.

The Planning Team Leader presented his report with updates. This was followed by 1 Public Speaker.

Members then took part in a full debate on the application where concern was raised that Section 106 money was being be withdrawn from the application as County Highways had not detailed how the money would be spent.

The Planning Team Leader and Group Head of Planning provided Members with answers to all points raised during the debate.

The Committee

RESOLVED

That the Planning Committee delegate to the Group Head of Planning authority to:

a)    Authorise the execution and completion of the Section 106 Agreement

b)    Grant planning permission subject to conditions and the Section 106 Agreement

1 Public Speaker

Don Ashman – Applicant

Construction of 1 No. three bedroom dwelling & associated works. This site is in CIL Zone 2 & is CIL liable as new dwelling.

The Planning Team Leader presented his report. This was followed by 1 Public Speaker.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

1 Public Speaker

Richard Conroy – Agent

Demolition of existing garage, conversation of extension (approved under A/66/21/HH) to 1 No. 2 bed dwelling, provision of 4 parking spaces and cycle/refuse storage. This application is within CIL Zone 2 and is CIL liable as new dwelling.

The Strategic Development Team Leader presented her report with updates. This was followed by 1 Public Speaker.

The Committee

RESOLVED

That the application be APPROVED CONDITIONALLY as detailed in the report and report update subject to the conditions as detailed.

The use of the word ‘outline’ in the resolutions was questioned as the conditions of resolutions were definitive. The Committee agreed that this wording be changed to ‘as detailed’ in these and all future Minutes. With this change, the Minutes of the meeting held on 28 July 2021 were then approved by the Committee.