Agenda item

DC/17/2564 - Oak Tree View and Lane Top, Nutbourne Road, Pulborough

Ward: Pulborough & Coldwaltham

Applicant: Mr Simon Staples

Minutes:

The Head of Development reported that this application sought permission for the removal of conditions 2 and 3 to permission DC/10/0586 for the use of land for the stationing of two caravans for settled gypsy accommodation and the retention of two existing caravans, one with a temporary permission. The conditions related to personal occupancy restrictions.

 

The application to remove these conditions had been granted by the Committee in February 2018 (Minute No. PCS/66 (20.02/18 refers).  Following the determination of the application, the decision was challenged through a Judical Review.  In light of the Judical Review, the former decision had been quashed and the application was again a ‘live’ application to be re-determined by the Committee.  The challenge through the Judical Review related to the interpretation of the County Council’s Highway comments and how these were presented to committee.  Following the Judical Review, subsequent comments from the Highway Authority had been received which clearly stated no objection. Details of the background to the Judicial Review and the revised Highway comments were noted by the Committee.

 

At committee, the presenting officer updated the members on additional letters which had been received from adjacent properties objecting to the proposal, since the report had been written. The objections were as follows:

·         The lack of consultation on the proposal.

·         The principle of the proposal.

·         Road safety and highway concerns regarding the access and visibility splays from Nutbourne Road.

The presenting officer stated that the letters did not raise any new material considerations.  The officer stated that, in terms of the principle of the proposal, this was addressed in the committee report.  It was also stated that WSCC Highways have assessed the highway matters raised in the letters and were satisfied that the additional letters of objection do not raise any new points that have not been considered as part of their assessment of the application.  The committee report was a fair assessment and reflection of their latest comments.

 

The presenting officer also stated that an additional condition was recommended that no external lighting shall be erected or placed on the land without the written approval of the Local Planning Authority.  This condition was on the original permission and it is appropriate for this condition to be carried over to this proposal.

 

The application site was located The application site was located about 1.7 kilometres west of Pulborough and 500 metres south of Nutbourne in the countryside, although there were a number of properties close to the site. It was screened by trees, hedging and fencing and accessed by a driveway off Nutbourne Road. The site included a stable-block and paddock and there was an occupied barn on the site.

 

The Parish Council raised no objection to the application. There had been 18 objections from 17 households. 4 additional letters of objection had been received since publication of the report. Three members of the public spoke in objection to the application and the applicant addressed the Committee in support of the proposal.

 

Members considered the officer’s planning assessment which indicated that the key issues for consideration in determining the proposal were: policy background; the sustainability of the development; design and appearance; its impact on neighbouring amenity; and highway considerations.

 

The presenting officer clarified that since the last committee and following on from the judicial review, revised comments have been received from WSCC highways which confirm that they have no objection to the proposal on the grounds of highway safety and access.  The comments of WSCC Highways were outlined in full in the report.  A copy of the full comments were also shown to the committee on a slide.

 

Members were also reminded of and taken to the relevant paragraph of the NPPF relating to highways impact.

 

For clarity, it was stated that the proposal does not include re-imposing the previous conditions in relation to drainage details and visibility splays.  The reasons for not re-imposing these conditions were outlined in the report in detail. 

 

It was also stated that the proposal does not include the re-imposition of the previous condition relating to the removal of permitted development rights for extensions (condition 10 of DC/10/0586).  This was because the condition was not required given that mobile homes do not benefit from normal permitted development rights as enjoyed by residential dwelling houses. 

 

Members considered the history of the site, its established use, the policy context, and concerns raised by some nearby residents. It was noted that the number of pitches would not increase as a result of the proposal and use of the land would be controlled through conditions. Members concluded that the proposal was acceptable.

 

RESOLVED

 

That planning application DC/17/2564 be granted subject to the conditions as reported with one additional condition: No external lighting shall be erected or placed on the land without the written approval of the Local Planning Authority. Reason In the interests of the character and amenity of the locality and in accordance with Policy 33 of the Horsham District Planning Framework (2015).

Supporting documents: