Agenda item

Ward: Southwater South and Shipley

Applicant: Reside Developments Ltd

The Head of Development & Building Control reported that this outline application sought to amend the reasons for refusal being considered under the current appeal by the Planning Inspectorate.

The outline application was for the erection of up to 73 dwellings, retention of existing farmhouse building, associated public spaces, landscaping, vehicular access, drainage and highways infrastructure works. All matters were reserved apart from access.

The application site was located to the east of Shipley Road, directly to the south of the village of Southwater, but within the Parish of Shipley.

The existing site comprised a main dwelling known as ‘Woodfords’ which was not listed, but thought to date back to the seventeenth century (therefore considered to be a non-designated heritage asset); and other associated but more modern buildings. The site boundaries were largely defined by mature landscaping including dense hedgerows and mature trees. All protected trees on the site would be retained.

The report had been returned to committee to consider revisions for refusal for application DC/20/2564 which was subject to current appeal by the planning inspectorate and it was recommended that:

(a)  The current reason for refusal relating to the principle of development, owing the Council’s lack of five year housing land supply should be withdrawn.

(b)  A new reason for refusal relating to the adverse impact of the development on the Arun Valley SAC/SPA and Ramsar sites should be introduced as the development had not demonstrated to be water neutral.

Members noted the planning history of DC/20/2564.

Both Shipley and Southwater Parish Councils objected to the application. 73 letters of objection had been received from 63 different households including a letter from CPRE Sussex. No letters of support were received.

Most Members were generally in support of the Officer recommendations.

RESOLVED

That planning application DC/20/2564 will advise the Planning Inspectorate that it will:

(a)  No longer be seeking to defend the reason for refusal no. 1 regarding the principle of development given the Council’s five year housing land supply position; and

(b)  Will be defending the refusal of planning permission instead on the following grounds:

1.    Insufficient information has been provided to demonstrate with a sufficient degree of certainty that the proposed development would not contribute to an existing adverse effect upon the integrity of the internationally designated Arun Valley Special Area of Conservation, Special Protection Area and Ramsar sites by way of increased water abstraction, contrary to Policy 31 of the Horsham District Planning Framework (2015), Paragraphs 179 and 180 of the National Planning Policy Framework (2021), its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), and s40 of the NERC Act 2006 (Priority habitats & species).

2.    The proposed development had not been accompanied by a completed s106 Legal Agreement, thereby does not secure the 35% of units required to be provided as affordable housing units, the proposed footway improvements on Worthing Road and Shipley Road,  or include a requirement for the provision of 4 custom / self build units. The proposal is therefore contrary to Policy 16 of the Horsham District Planning Framework (2015) as it had not been demonstrated how the affordable housing and infrastructure  needs of the District would be met.