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Minutes 20 July 2009

EAST WITTERING & BRACKLESHAM PARISH COUNCIL

MINUTES OF THE MEETING OF THE PLANNING COMMITTEE
HELD ON 20 JULY 2009 IN THE PARISH COUNCIL OFFICE, WITTERING WALK

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

IN ATTENDANCE: Mrs. Joyce Griffith
Mrs. Lucy Wright
4 members of the public

APOLOGIES: District Councillors P. Clementson and G. Barrett

P09.66 Declarations of Interest. None.

P09.67 Minutes of the last meeting.
The minutes of the meeting held on 6 July 2009 were confirmed as a correct record and signed by the Chairman.

P09.68 Matters Arising from the last meeting. None.

P09.69 Public Questions. None.

P09.70 New Planning Applications.

The Committee had NO OBJECTION to the following applications:

P09.70.1 EWB/09/02270/DOM. Mrs S Wright. Ryecroft Shoreside Walk EW. Demolition of existing garage and rear extension: new single storey rear extension: new front and rear verandahs: external and internal adaptations and enhancements: insertion of veluxs: changes to front boundary treatment.

P09.70.2 EWB/09/02297/DOM. Mrs Lepage. Tasselly 2 Legion Way EW. Proposed replacement of hedge with close boarded fence erected above extg. dwarf wall. Max 0/9 height 2m.

P09.70.3 EWB/09/02562/DOM. Mr And Mrs Wayne Beavis. Holdenhill 7 Piggery Hall Lane EW. Demolition of existing garage, erection of rear extension with pitched roof, erection of conservatory to rear of existing dwelling and attached new extension.

The Committee had NO OBJECTION BUT COMMENTED on the following application:

P09.70.4 EWB/09/02267/DOM Mr Roger Brading. Westerly West Bracklesham Drive Bracklesham. Demolition of existing garage, rear extension to dwelling house and living space in roof. Comment: The windows on the eastern side should be obscure glass.

The Committee OBJECTED to the following application:

P09.70.5 EWB/09/02469/DOM. Mr J Fairbairn. Somerswood House 144 Stocks Lane EW. To demolish existing single storey conservatory to rear as well as bay window over and to build 2 no. conservatories and extending the bedroom over on first floor to the rear of an existing house. To erect a sun room in the rear garden.
Objection: The Council unanimously objects to this application for the following reasons:
a. the height and size of the communal wall and the first floor extension blocks light from the neighbours, is intrusive and overbuild.
b. roof height of summer house is approximately 5m which is too high and out of keeping with surrounding area. The applicant said these plans have been superseded but the Council had received no other plans.
c. concern about the height of the perimeter/boundary wall as out of keeping with properties in the area also at the entrance fronting the highway as it could inhibit visibility.
d. it raised concerns that no ground floor facilities (kitchen/bathroom) were shown as access and design statement states that the ground floor accommodation is for an elderly parent.
e. Errors on the application form:
Question 3 – doesn’t say when work started.
Question 6 – describes another applicant and another property.

P09.71 The Clerk provided an updated list of decisions regarding planning applications.

P09.72 Enforcement Enquiries – updates.

P09.72.1 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.
9.02.09 Application EWB/08/04938/FUL awaiting decision.
18.03.09 Application EWB/08/04938 refused
Court hearing on 20 February 2009. Defendants unsuccessful in their further request for an adjournment. Mr Green pleaded guilty. Mrs Green pleaded not guilty. Case adjourned until 30 April 2009.
12.05.09 Awaiting decision
26.05.09 Chichester Magistrates Court passed the following sentences: Mr Green fined £4000 and ordered to pay costs of 348.27 and a victim surcharge of £15; Mrs. Green fined £1000 and ordered to pay costs of £1286.30 and a victim surcharge of £15.
Awaiting CDC to advise on any further action.
22.06.09 Mr. Green appealing against the fine he has incurred. The subsequent applications that have been refused for the site have been appealed against and are awaiting a hearing date.
20.07.09 Awaiting outcome of Crown Court hearing on 25.09.09.

P09.72.2 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.
9.02.09 Enforcement Notice awaiting authorisation before issuing.
18.03.09 CDC reported matter is in progress.
26.05.09 CDC has been unable to meet with owner regarding mobile home in garden and building materials in front of Azara Parade. CDC now assessing follow up action.
22.06.09 District Councillor Graeme Barrett to chase the exact position.
6.07.09 Enforcement notice issued
20.07.09 CDC pursuing the matter.

P09.72.3 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.
9.02.09 CDC still has no details.
18.03.09 Clerk has re-submitted details as requested by CDC
12.05.09 CDC asked for more details
26.05.09 CDC and Parish Council to monitor the situation.
20.07.09 Clerk to ask if advertising sign requires planning permission.

P09.72.4 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.
9.02.09 CDC has no record of this. Clerk re-sent emails.
18.03.09 Clerk has re-submitted details as requested by CDC
26.05.09 Clerk to clarify the exact position of the garages in question.
22.06.09 Cllr Lowe to ask parishioners to monitor the situation.

P09.72.5 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.
9.02.09 CDC has no record of this. Clerk re-sent emails.
18.03.09 CDC reported investigation is in progress.
26.05.09 CDC reported they are awaiting decision of planning application and reassessing action. The Committee to advise it has not received a planning application for a wall.
22.06.09 CDC to advise contractor that planning permission is required.
20.07.09 Planning permission granted under previous planning application. Case closed.

District Councillor Graeme Barrett arrived.

P09.72.6 Parked cars for sale opposite Bracklesham Garage. Clerk asked to report this to the PCSOs and the Community Warden.
26.05.09 This has been reported and the Committee wishes to know what action will be taken.
22.06.09 Police monitoring the situation.
20.07.09 Case closed.

P09.72.7 Land south of 63, Shore Road. The Clerk was asked to report the large container on the seafront at The Old Farmhouse in Shore Road and to ask whether it requires planning permission.
26.05.09 CDC has requested application for retention of container and advertisement. CDC Economic Development team also speaking with business in order to negotiate suitable resolution.
22.06.09 Application received and awaiting validation.
20.07.09 Application invalid. CDC seeking further information.

P09.72.8 144 Stocks Lane. Clerk to contact CDC to enquire if the current building work requires planning permission.
22.06.09 CDC issued Stop Notice ceasing all activity effective from 21.06.09 and served Enforcement Notice effective date 29.07.09.

P09.72.9 29.06.09 Spinnakers, Tamarisk Walk. EW/29. Enforcement notice issued re change of use of land to the south of the property to use as garden land.

P09.72.10 20.07.09 Boat House Fish & Chip Restaurant, Shore Road. A large satellite dish has been erected. District Council has advised that planning permission is not required.

P09.72.11 09/02353/COU Shore Watersports, Shore Road. Unauthorised container on forecourt of Shore Road garage.
20.07.09 CDC advised that a planning application was received but was invalid on receipt. CDC seeking further information.

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

Signed______________________________Chairman

Date________________________________