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February 2009
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Parish Achives

Minutes January 2009

EAST WITTERING & BRACKLESHAM PARISH COUNCIL

MINUTES OF THE MEETING OF THE PLANNING COMMITTEE
HELD ON 19 JANUARY 2009 IN THE PARISH COUNCIL OFFICE, WITTERING WALK

PRESENT: Planning Committee Members
Councillors: Cllr. G. Breeze (Chairman)
Cllr. R. Lowe
Cllr. B. Lambert

IN ATTENDANCE: District Councillor Graeme Barratt
Mrs. J. Griffith
Mrs. L. Wright

APOLOGIES: Cllr. C. Munday (Vice Chairman)

P09.1 Declarations of Interest. None.

P09.2 Minutes of the last meeting.
The minutes of the meeting held on 22 December 2008 were confirmed as a correct record and signed by the Chairman.

P09.3 Matters Arising from the last meeting. None.

P09.4 Public Questions. None.

P09.5 New Planning Applications.

The Committee had NO OBJECTION to the following application:

P09.5.1 EWB/08/05081/REM Mr Brian Vaughan. Land To The Rear Of Honeys East Bracklesham Drive Bracklesham. 2 no. detached bungalows. Reserved matters pursuant to outline approval EWB/05/04021/OUT.

P09.5.2 EWB/08/05156/DOM Mr Waite 7 Marineside Bracklesham. Proposed rear balcony

The Committee had NO OBJECTION but commented on the following application:

P09.5.3 EWB/08/05064/FUL Mr And Mrs KJ Kent. Concord East Bracklesham Drive Bracklesham. Demolition of existing dwelling and construction of a new dwelling. Comment: The windows overlooking the adjacent property should be obscure and the height of the building must not be higher than adjacent properties.

The Committee OBJECTED to the following application:

P09.5.4 EWB/08/04938/FUL Mr S Green. Stubcroft Farm Stubcroft Lane EW. Retention and alteration of building for use as 1 no. Tourist unit. Reasons:
1. This building is still subject to an Enforcement Order requiring its demolition and removal of rubbish from the site as agreed by the Inspector at appeal and the Council insists on compliance.

2. This Committee questions the validity of this application to convert a building which has no planning permission and is subject to a demolition notice.

3. The size, design and construction are substantially those of a house. In this regard the location is in an area where well established statutorily adopted planning policies seek to protect the countryside and rural character of its landscape, in the main restricting development to what is necessary for agriculture. The building could easily be converted to permanent residential accommodation either by the current or any new owner of Stubcroft Farm.

4. The building is within the curtilage of the family home and not within the curtilage of the campsite.

5. There is great concern over the height of the water table in the area and adjacent areas are often subject to flooding. The Committee questions the ability of the sanitation to cope with the enormous volume of waste water generated from the existing large campsite and this further proposed tourist accommodation.

6. The building is over large and incongruous to the surrounding area.

7. This application does not fall within but is contrary to Policy T3 of the Development Plan as mentioned in the Agent’s Planning and Design and Access Statement (amended 4.12.08).

8. In the Agent’s Planning and Design and Access Statement (amended 4.12.08), under the heading of Evaluation, reference is made to this being a holiday chalet which has been allowed on camping and caravanning sites elsewhere. However, this development by virtue of its size is more akin to a house than a holiday chalet and is outside the curtilage of the existing campsite.

The Committee also draws attention to the following points:

a. The Planning Inspector stated that in its present form, he could not see any way in which the building could be usefully converted without drastic reduction in size.

b. Special attention should be paid to the Inspector’s report, in particular clauses: 18, 41, 47 and 57.

P09.6 The Clerk provided an updated list of decisions regarding planning applications.

P09.7 Enforcement Enquiries – updates.

P09.7.1 EWB/04/00367/CONCOM Stubcroft Farm, Stubcroft Lane, E. Wittering – unauthorised building.
Cllr. Lambert attended the public enquiry on 21 June 07 as representative of the Council and reported that the enquiry had received late paperwork from Mr. Green therefore the Planning Inspector decided to reconvene the enquiry on a date to be arranged in either August/September. The Committee was advised that a new date has been set as 13/14 September.
10.9.07 Mr. Lambert confirmed that he would attend the public enquiry.
5.10.07 Inquiry held on 13,14 and 20 Sep 07 – awaiting decision from Planning Inspectorate (anything between 4-10 weeks).
18.12.07 Committee advised that the decision can take up to a year.
21.1.08 Appeal dismissed. Enforcement notice EW/22 upheld, compliance by 4.4.08.
03.03.08 Awaiting compliance.
14.04.08 Compliance check carried out – building still in situ. Prosecution process commenced for non-compliance with enforcement notice.
10.06.08 Awaiting court date.
30.6.08 Court hearing 2.7.08.
28.7.08 Court allowed further time for applicant to submit planning application. CDC awaiting application form.
18.08.08 Committee to ask why these were not dealt with as separate applications.
10.11.08 Committee asked the Clerk to write to Mr. Carvell (Head of Development and Building Control, CDC) expressing its view that the judge’s recent decision to allow a planning application is questionable and undermines the decision of the Planning Inspector at the public enquiry. The Parish Council asks whether this decision is legitimate or whether CDC legal department can appeal against such a decision.
24.11.08 Application EWB/08/02786/FUL refused by CDC. Awaiting further information from CDC.

P09.7.2 EWB/07/00366/CONBC Stubcroft Farm, Stubcroft Lane, E. Wittering – exceeding permitted number of caravans. The Committee received copies of three letters together with photographs which had been sent to Chichester District Council. The Clerk was asked to contact CDC to obtain an update on the situation and also ask District Councillor Peter Clementson to follow up this enquiry.
10.9.07 CDC reported that an investigation is in progress.
10.9.07 EWB Committee asked what is happening as conditions have not been enforced.
5.10.07 Report being submitted to CDC Head of Service for enforcement action.
5.11.07 Head of Service directed that a letter be sent to Mr Green stating more than 5 caravans have been stationed on the site at certain times. This is a breach of condition and is the result of the land being used for the storage of caravans and motor homes. If not removed then enforcement action be pursued. Compliance check due this week.
18.12.07 CDC have forwarded a report to the Director of Environment for enforcement action regarding storage of caravans on the land.
21.01.08 Awaiting CDC action.

11.02.08 CDC drafting a breach of condition notice and checking the site to ensure that breach continues prior to serving. The Clerk was asked to write to CDC expressing the committee’s displeasure and great concern over the time taken to deal with this matter. The Clerk was asked to include the fact that the caravans are being inhabited as lights have been seen at night contravening planning.
03.03.08 Awaiting further information.
16.04.08 The Committee queried the location of the caravans in question.
06.05.08 Non-compliance with controlling condition limiting use to 5 caravans. Breach of Condition Notice served – period for compliance 2 months (25.05.08)
10.06.08 Compliance check to be conducted.
30.6.08 CDC to carry out additional inspections.
28.7.08 Chairman asked if the access conditions of planning permission had been adhered to.
18.8.08 Committee asked what photographic evidence is required.
13.10.08 Committee asked Clerk to find out whether conditions 9 and 10 of the planning consent EWB/07.01241/COU have been dealt with.
A further compliance check due to be carried out on or around 02.10.08.
10.11.08 Due further compliance check.

P09.7.3 EWB/08/00100/CONMHC. Westerlies, Bracklesham Lane, Bracklesham. Mobile home in rear garden.
6.05.08 CDC to make site visit.
10.06.08 Site visit carried out and Planning Contravention Notice to be issued.
30.6.08 Awaiting return of PCN.
10.11.08 Compliance check carried out. Consideration now being given to enforcement action on usage of mobile home.

P09.7.4 Farthings, Bracklesham Lane. Committee queried that car bodywork repairs and paint spraying were taking place at this property without planning consent.
10.11.08 CDC advised no case has been formally recorded on this matter. Clerk to forward copy of previous advisory emails to CDC.

P09.7.5 Longacre, Bracklesham Lane. Clerk to ask CDC what the situation is regarding this alleged breach in planning permission and that the Parish Council be kept informed of the situation.

P09.7.6 Garages behind 76 Stocks Lane. Following residents’ concern, the Clerk to ask CDC to
investigate whether this area is being used for commercial activity and requires planning permission.

P09.7.7 Plot 2, St Martins, West Bracklesham Drive. Clerk asked to investigate whether the new brick wall over 1m high outside this property needs planning permission.

P09.7.8 Solent Road. Clerk asked to investigate whether the large external chimney requires planning permission.

P09.7.9 ‘The Galleon’, Shore Road. Clerk asked to investigate whether resuming the use as a café and the extension of the hairdressers needs change of use permission.

The date and venue of the next meeting of the Planning Committee will be posted on Parish
noticeboards.