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Parish Achives

Minutes 23 November 2009

EAST WITTERING & BRACKLESHAM PARISH COUNCIL

MINUTES OF THE MEETING OF THE PLANNING COMMITTEE

HELD ON 23 NOVEMBER 2009 IN THE PARISH COUNCIL OFFICE, WITTERING WALK



PRESENT: Planning Committee Members

Councillors: Cllr. G. Breeze (Chairman)

Cllr. R. Lowe

Cllr. S. Main

Cllr. B. Lambert


IN ATTENDANCE: Mrs. Joyce Griffith

Mrs. Lucy Wright

District Councillor Graeme Barrett

1 member of the public


APOLOGIES: Cllr. C. Munday

District Councillor Peter Clementson


P09.111 Declarations of Interest. None.


P09.112 Minutes of the last meeting.

The minutes of the meeting held on 2 November 2009 were confirmed as a correct record and signed by the Chairman.


P09.113 Matters Arising from the last meeting. None.


P09.114 Public Questions. None.


P09.115 New Planning Applications.


The Committee had NO OBJECTION to the following applications:


P09.115.1 EWB/09/04446/DOM Mr Ian Collyer. Red Roofs Bracklesham Lane Bracklesham. To provide front and rear flat roof dormers to existing roof room to be extended with conservatory at rear. To provide separate timber construction garden room / store. To provide 2 no. free standing garden located wind turbines.


P09.115.2 EWB/09/03502/DOM Mr Mark Sycamore 59 Tide Way Bracklesham

Change of use and alterations to garage.


The Committee had NO OBJECTION but COMMENTED on the following applications:


P09.115.3 EWB/09/05418/DOM Mr & Mrs Nicholson 2 Tide Way Bracklesham

Two storey side extension comprising garage with annexe over. New access onto Sussex Grove, associated internal/external adaptations and external works. Comment: Permission must be obtained to access Sussex Grove as it is a private road and the exit from Sussex Grove is via another private road (East Bracklesham Drive). The annexe must not be used as a separate dwelling and remain ancillary to existing property.


P09.115.4 EWB/09/04603/COU Mr And Mrs R And K A Cinquemani 2 The Parade Bracklesham Lane Bracklesham

Use as hot food takeaway (Class A5) for sale of fried chicken and chips. Comment: Waste bins to be provided and emptied by applicant to prevent litter in the surrounding area.

The Committee OBJECTED to the following application:



P09.115.5 EWB/09/03631/DOM Ms Heather Band. Fernhill 17 Coney Six EW. Erection of front single storey extension for new garage with second storey extension on footprint of existing single storey garage, front single storey bay window extension, rear single storey extension and side single storey extension comprising covered walkway. Reason: The Committee OBJECTS to the covered walkway which prevents access to the neighbour’s property which is in accordance with legal documents. The Committee has NO OBJECTION to the rest of the development.


P09.116 The Clerk provided an updated list of decisions regarding planning applications.


P09.117 Enforcement Enquiries – updates.


P09.117.1 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.

28.09.09 District Cllr Graeme Barrett reported that Mr. Green’s fine had been reduced by the Court on appeal.


P09.117.2 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.

10.08.09 Untidy Land Notice to be issued re. frontage. G. Barrett to provide update at next meeting.

28.09.09 Enforcement notice served to remove caravan and remove building material from front.


P09.117.3 Farthings, Bracklesham Lane. Committee queried that car bodywork repairs and paint spraying were taking place at this property together with advertising signs 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.

28.09.09 Awaiting allocation of CDC case officer to investigate re signage.


P09.117.4 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.

10.08.09 R. Lowe to provide update at next meeting.

7.09.09 A report of commercial activity and photographs to be forwarded to CDC.

28.09.09 Graeme Barrett to check on the progress of this matter.


P09.117.5 144 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.

10.08.09 P. Clementson to provide update at next meeting.

28.09.09 Graeme Barrett to check on the progress of this matter.

3.11.09 Graeme Barrett to report to CDC the progression of building works, in particular a new development to the front of the property.


P09.117.6 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.


P09.117.7 09/00321/CONTRV Land north of Hawthorns and The Willows, Clayton Lane, Bracklesham

1. the bringing onto or storing on the land any caravan or mobile home (or any similar type of prefabrication) in addition to the two caravans present thereon at present and

2. the carrying out of any building, engineering or other operations on the land without the requisite planning permission

19.09.09 Temporary stop notice has been issued by CDC. Awaiting further information.


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

noticeboards.



Signed______________________________Chairman Date________________________________


Post Meeting Notes – Further Enforcement Updates

EWB/04/00367/CONCOM Stubcroft Farm, Stubcroft Lane, E. Wittering – unauthorised building.

Awaiting outcome of appeal from Planning Inspectorate following the hearing into the refusal of planning applications.

EWB/08/00100/CONMHC. Westerlies, Bracklesham Lane, Bracklesham.

a) Mobile home in rear garden.

Written representation appeal received against issue of Enforcement Notice – awaiting date of site visit by PINs

b) Builders material in front of property.

Section 215 Notice served – compliance required by 27th Jan 2010

09/00321/CONTRV Land North of Hawthorns, Bracklesham Lane. Possible unauthorised site

development

A planning application has now been received and is awaiting validation for provision of a single gypsy caravan pitch.

09/00361/CONBC 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.

Individual concerned requested to remove items from land. Compliance check due.

Farthings, Bracklesham Lane, Bracklesham. It was reported to the Committee that car bodywork repairs and paint spraying were taking place at this property. Parish Clerk requested to forward records of events form to complainant in order that they could diarise activities. Form not returned to Enforcement Team.

144 Stocks Lane. Unauthorised development

Enforcement Notice appealled against – Hearing set for 08 Dec 09. Appeal against planning application lodged and awaiting date from PINs.

Spinnakers, Tamarisk Walk. EW/29. Unauthorised change of use of land to the south of the property to use as garden land.

Enforcement Notice appealled against – Public Inquiry set for 09 Feb 10

Longacre, Bracklesham Lane.

The use of the land is authorised and no control has been imposed over the siting of the mobile homes on the land.

Discussion is currently taking place with the owner concerning the use of the land for log cutting and the stationing of a shed for use as a utility room. Both these matters are subject to planning control and require the submission of a planning application to regularise them.