Mins 09/09/08

 

 

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Minutes of the Planning Committee Meeting of 9th September 2008 held at 7.00 pm. in the Reading Room Buxted.  Due to the nature of the applications on the agenda, public speaking took place between 6.45pm and 7.00pm.    

 

 

Present: Cllrs. Sheard (Chairman), Chalmers, Coxon, Crowe, Dopson, Harding, Rose, and Warner.

 

Also in attendance Cllrs. Daniel, Downing, Treacher, Wealden District Councillor Buck and Clerk to Parish Council B Macklen

 

 

Public: 10.  Mrs P Weeks reiterated comments previously raised in a letter to Wealden District Council regarding the accuracy of the layout which incorporates an access track belonging to Bevingford Farm.  Concern is expressed that this land cannot be used to reach the required 2.2 ha of green open space, and therefore will have to be sought elsewhere on the site.  She also expressed a concern regarding the ability of the balancing pond, adjacent to her property, to contain all water runoff.

 

 Mr P Thain asked the Chairman if any further correspondence had been received from East Sussex County Council regarding the possibility of a turning circle for buses within the entrance to the site.  The Chairman advised that the Parish Council, together with the Cllr T Reid of East Sussex County Council to achieve this.  The Parish Council hopes that the suggestion of a turning circle will form part of the ESCC Highways response the Wealden District Council consultation.

 

1.

Apologies: None

 

2.

Minutes: The minutes of the meeting of 26th August 2008 were approved and signed as a correct record by the Chairman.

 

3.

Declaration of Members Interests in respect of items on this agenda

Cllrs. Crowe, Sheard and Rose declared a personal interest in respect of planning application WD/2008/2160/F Woodbrook Cottage, Etchingwood, Buxted by being an acquaintance of the applicant.

 

Cllr Rose declared a personal interest in respect of planning applications WD/2008/1958/F Grove Farmhouse, Howbourne Lane, Buxted, WD/2008/1996/F Little Dolloways, Howbourne Lane, Buxted; and WD/2008/2229/F Under Barton, High Street, Buxted by being an acquaintance of the applicants

 

Cllr Sheard declared a personal interest in respect of planning application WD/2008/2304/F Newnham Park Vineyard, Chillies Lane, High Hurstwood by being a neighbour to the application site.

 

4.

 

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4.3

 

 

 

 

 

 

4.4

 

 

 

 

 

 

 

4.5

 

 

 

 

 

 

 

 

4.6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Planning Applications

 

Application No. WD/2008/1996/F

Location: Little Dolloways, Howbourne Lane, Buxted

Description: Variation/Removal of conditions 4 and 5 of planning permission WD/1999/1418/F to use holiday accommodation as permanent residential accommodation

Applicant: Messrs T D & D C and Mrs E F Fears

Agent: Messrs T D & D C and Mrs E F Fears

No objection

 

 

 

 

Application No. WD/2008/1958/F

Location: Grove Farmhouse, Howbourne Lane, Buxted

Description: Demolition of fire damaged property and construction of replacement dwelling

Applicant: Marten Developments Ltd

Agent: Mike Hill – Architectural Services

Object. Although the Parish Council accepts the principle of a replacement dwelling, the submitted proposals are not in keeping with the character of the locality, do not have regard to the appearance and general design of the original building and cause an unnecessary and unpleasant overdevelopment of the site.  The proposed would also result in a dwelling in a unique setting which is situated in the close proximity of historic buildings and within the Area of Outstanding Natural Beauty with no valuable property character and one which would not enhance the natural beauty of the landscape.  It is therefore considered that the proposal is contrary to policies GD2, NE5 and DC16 of the Non Statutory Wealden Local Plan and policies DC19, EN6 and GD2 of the Adopted Wealden Local Plan.

 

Application No. WD/2008/2120/F

Location: Land at Temple Grove, Herons Ghyll, Nr Crowborough

Description: Creation of underground car park

Applicant: Temple Grove House Ltd

Agent: Kember Loudon Williams Ltd

No objection

 

Application No. WD/2008/2160/F

Location: Woodbrook Cottage, Etchingwood, Buxted

Description: Removal of double garage at side, erection of two storey side extension and single storey garden room

Applicant: Mr W Marshall

Agent: RDT Design Associates

No objection

 

Application No. WD/2008/2229/F

Location: Under Barton, High Street, Buxted

Description: To replace the existing caravan which is used for storage with detached single storey timber framed building.  Caravan has been in this position for over 30 years

Applicant: Mr D Garland

Agent: Mr R B Howell

No objection.  However, the Parish Council would seek a conditional removal of the existing caravan as part any granting of planning permission.

 

Application No. WD/2008/2304/F

Location: The Barn, Newnham Park Vineyard, Chillies Lane, Crowborough

Description: Change of use of part of building to dwelling

Applicant: Newnham Park Vineyards

Agent: Mr Angus Farquhar

It was resolved to request the assistance of the planning consultant to the Parish Council who would advise the Committee how best to respond to the consultation given the previous planning refusal for a dwelling in this location contained a caveat which could be satisfied.  A consultation response would therefore be sent via the Clerk to the Parish Council following consultation and approval by the Chairman of the Planning Committee.

 

The Council objects to this application. The proposal is for unacceptable onward of

development of the existing structure. With the exception regrettably of WD/1992/9002/ENF

which was upheld by the Planning Inspector, the numerous variations for conversion of this

structure – the majority for some kind of residential incarnation – whole or various parts –

have quite correctly been refused by WDC and upheld by the Planning Inspector at the

invariable appeals that the owners then embark on.

 

We can see no fundamental reason on any planning grounds for the conversion of any part

of the structure for residential use to be allowed. It is not appropriate development, has been

refused in the past and the policies have not changed.

 

Noting the applicants’ reasons for this latest residential request we do not consider that any

legitimate case could be made for 24-7 presence by someone living in a new house in the

AONB to detect and react to a) frost damage or b) mildew. Indeed within their accompanying

report, the agricultural vintner winemaker and viticultural advisory colleague of the applicant

suggests daily observations would lead to actions to light heaters or spray crops, but there

is no suggestion of rousing workers in the middle of the night. He also notes that a single

worker would need some additional support during any such crisis reaction, so presumably

someone off site would still be needed for rapid response. With simple technology indeed

there are options to advise off-site staff to come to work for example if there was an

overnight temperature drop alert - a PDA or other computer device could automatically link

to thermometers. That currently one person comes and goes to the site on average 4 times

a day does not in any way justify the need for a house there – most agricultural concerns

require personnel to visit fields and barbs a number of times a day but they do not then need

to live in them.

 

With regard to the need for security presence to prevent the theft of grapes or bottles

however comes the nub of the question. Should there be a 24-7 presence because thieves

would steal wine which it is alleged is expensive to insure if there is no on-site presence at

night. The question is how much more expensive and is this a reason to contravene planning

policies against a new home being developed here – something it is important to note that

the applicants have been trying to achieve for various reasons for the last 8 plus years. How

is this risk any different to break-ins on business premises or industrial sites such as the

Tonbridge money store not so far distant? Should there be an on-site live-in worker in a new

house with every business venture? What a precedent this could open particularly in

sensitive and highly desirable locations for a house in the AONB. Surely if security is

concern then it will be cheaper to store wine securely somewhere else than build a house.

 

The proposal is contrary to the policies of PPS7, the Wealden Local Plan and Brighton &

Hove Structure Plan in respect of its siting within the High Weald AONB outside of any

development boundary within the adopted Wealden Development Plan and Non Statutory

Local Plan, in an area where strict control and restraint is exercised over the provision of

new residential development. The primary objective of the AONB designation is conservation

of the natural beauty of the landscape. The siting, bulk and design of the existing structure is

both insensitive and obtrusive in this area of the AONB and the proposed conversion makes

it more so and neither maintains or enhances the environment. Building in the open

countryside, away from existing settlements or from areas allocated for development, should

be strictly controlled. In areas statutorily designated for their landscape – as the area

concerned is – policies give greater priority to restraint.

 

It has been fundamentally clear from the outset and wholly apparent in this latest application

that this is a case of abuse of the Planning system through the construction of an alleged

new agricultural building with the benefit of permitted development rights with the intention of

early conversion to another use. We urge careful and considered appraisal of PPS7 Annex A

2.

 

 

We remain concerned as to the reality and viability of the alleged business ventures that the

applicants contend require a residential redevelopment of the existing structure on the site.

With regard to matters such as disclosure of business viability, we refer to the cogent points

made by Clifford Dann surveyor, acting for neighbours to the site and posted on WDC’s

planning web site. From a financial perspective we draw attention to the fact that Newnham

Park Ltd is a dormant company and refer you to the information from Companies House

provided with this Council’s observations. This indicates that the ‘thriving’ vineyard not only

makes no money but it has no assets, no vines and no machinery. It pays no bills, no

transport cost, no bottles, no insurance etc. With regard to the other venture that the

applicants note in their supposed business case, Country Game Ltd was formed on 28/7/08

– see information provided from Companies House with these observations. This could

hardly be considered a long trading history for a viable business venture.

 

Finally with regard to the design - given that the existing structure is supposed to be a barn –

even if there was any fundamental reason or policies permitting development of a house

from the existing structure - then we would draw attention to the guidance for conversion of

barns and agricultural buildings so cogently made in the Wealden Design Guide. This

application in no way respects the fact that the structure that is partly erected is in fact

supposed to be an agricultural barn – the amount of fenestration in the proposed plans for

example is excessive and wholly out of character for ‘a barn conversion’.

We can see no fundamental reason for this application to be approved and refer back to our

previous objections and to WDC’s previous objection to WD/2007/1692.

 

Enforcement query

We have been advised that a large mobile home was seen being transported to the site in

the last few months. Is WDC aware and does this have permission?

 

Application No. WD/2008/2209/MRM

Location: Former Grampian County Food site, Crowborough Road, Five Ash Down

Description: Reserved Matters application for layout, design, appearance, scale, landscaping of development approved under WD/2007/1075/MAO

Applicant: Ward Homes

Agent: Stiles Harold Williams

 

Object. Following four plus years of community involvement, a reserved matters application has been submitted that does not meet community aspirations and needs – nor the key tenets of the appeal approval. 

 

In granting planning permission the appeal Inspector conditioned that:

 

“Unless otherwise agreed in writing by the local planning authority, the details of reserved matters submitted in compliance with conditions 1) and 2) of this permission shall be in general conformity with the scheme shown on drawing Pl.02.  The development hereby shall not exceed 140 dwellings in total and shall provide at least 2.2 ha of open space which shall include a ‘village green’, landscape buffers and children’s play spaces”.

 

It is the belief of the Parish Council that the reserved matters application submitted has not been in “general conformity” as quoted above nor does it meet the Inspector’s aim of delivering a ‘mix of houses which would better address shortcomings in the existing supply of housing in the district’.  The Parish Council’s specific objections are:

 

Village Green: 

Is in the wrong position and should be re-located between the new development and existing Five Ash Down village as requested by parishioners and the Parish Council, and as previously visioned at outline planning permission stage.    Four years of community engagement have led to the siting of the village green and there is a depth of feeling that if this development is to be embraced into the village then it needs to be part of the village from the outset.  The new village green location does not support the objective of integration of the site with the remaining village. The developer’s planning statement is misleading – at no time was the community expecting green space for formal sports use – the long negotiations over the 4 plus years were for simply an open village green area that could be used by the community as it wished to see it used – it developed on by the local community. At no time was an area of scrub trees anticipated.

 

The new location of the village green is too close to the A26 and poorly positioned for parents to feel comfortable allowing young children to play there. It would also effectively face the backs and be open to the gardens of the existing properties fronting onto the A26, creating a security risk for those properties.  A village green should act as a secure safe overlooked space. While the area in front of the trees may be overlooked the area behind is not and thus creates a new security risk for abutting houses.

 

In its position on the previous approved outline scheme it was well overlooked. A simple redesign of the scheme would allow for the existing properties to safely and securely back onto gardens of new properties on the estate with the green area kept on the one green area of the site .

 

The community of Five Ash Down enjoyed free use of the old sports pitch with permission of the Mayhew factory until recent years and the purchase of the site by Grampian. Instead the developers propose to build on the one green open space which the Inspector clearly highlighted and welcomed in his appeal decision.

 

One of the balancing ponds is located in a dangerous position close to the LEAP play area and would have to be securely fenced off – and regularly cleaned to ensure no build up of any rubbish. Another is close to a LAP for toddler use, see below).  Whilst a balancing pond could offer a potential environmental amenity for wildlife it should not be forgotten that such an area of still water is also likely to encourage mosquito and gnat breeding adjacent to open recreational space and children playing. It also encroaches into the useable “village green” space taking away valuable amenity space for the community. 

 

The trees retained are of relatively little merit (in the category of only desirable to keep rather than essential) as noted in the tree survey and these also reduce the openness and useable space. They also allow for gathering of groups in a relatively hidden and sheltered environment which is unlikely to be welcomed by residents or the police.

 

The funds allocated with the Planning Obligation were suitable for maintaining an open green space of at least 2.2 ha.  Unfortunately, Buxted Parish Council does not consider this to be an adequate amount of money to insure and maintain the proposed village green if it contains the play equipment and trees both of which will require annual surveying for insurance purposes and maintaining.  Who is to maintain and insure the balancing pond? Therefore, if the green remains in this position with the balancing ponds to the rear and numerous trees on the site and with such a large LEAP area it would effectively be an estate area not a village green and Buxted Parish Council could be minded not to take on ownership on completion of development as it would not necessarily follow the best practice to take ownership only for the broader public interest.

 

The LAP location adjacent to the cycle path is even less overlooked than either the LAP at the north end of the site, or the LEAP, and thus is less protected from vandalism and provides a potential magnate for rubbish thrown by users of the pedestrian and cycle path through and out of the site.  This LAP is also situated adjacent to a balancing pond which poses a risk for young children.

 

The planning layout gives no indication of the existence of the track at the southern edge of the site which is a right of way to Bevingford Farm and is understood not to be part of the land holding of the development.  If this green area is being included as part of the 2.2 ha of open space, this open space will need to be allocated elsewhere on the site.  We are concerned that there appears to still be an issue with the ownership and right of way on the pedestrian and cycle link –as noted from the letters from the landowners to WDC which are now posted on the web site.

 

Housing

Views and heights:

The houses on the eastern boundary are three storey houses on the highest ridge of the site with no screening.  With no topography drawings, the Parish Council does not know what the impact on the view into the eastern boundary of the site will be.  The woodland walk as shown in the layout drawings at outline stage was specifically designed to also move houses back from the exposed ridge and create screening. The Parish Council consider that the few roadscape visuals, axonometric illustrations and  plans do little to give a proper impression of the sheer impact of such a development at the highest point in Five Ash Down – remembering it doubles the extent of the village in the landscape, and is visible from across the valley and from the AONB.

 

Types & sizes:

This development also doubles the number of homes of the existing village.  According to the Wealden District Council housing register there are 23 households on the waiting list with direct connections to Buxted Parish, with half of those being families and a third being retired couples.  The Parish Council considers that 11 two bedroom houses falls short of the required amount, compared to the allocated estimated 20 to 22 two bedroom flats.  Young families require houses with gardens and retired elderly couples would in our experience downsize to flats that are more central to urban facilities and not to a rural site with very limited facilities within a reasonable walking distance. Elderly people wishing to remain locally look toward smaller houses with small outside garden space. Flats in such a rural location are unsustainable. The size and shapes of the rooms of the affordable two bedroom flats are considered to be unusable, inflexible and impractical (=not fit for purpose) due to the poor layout and triangular room shapes creating a scheme which is less sustainable.

 

It is noted that the design of some of the 3 storey 4 bedroom homes is such that an entire floor is designated to one bedroom – providing square footage for a house much bigger than 4 bedrooms. One of the inspector’s reasons for upholding the appeal for 140 homes was that it enable a greater proportion of smaller homes ie to quote the appeal notice para 13 delivering a ‘mix of houses which would better address shortcomings in the existing supply of housing in the district’. The site as planned does not do this.

 

Energy:

Huge disappointment to Parish members to see no renewable energy measures within the site.  At the very minimum the houses should have functioning chimney flues so that biomass energy and woodburning stoves would be easy to choose – they provide a selling point for larger homes and can heat a whole house in smaller homes – saving money and reducing the carbon footprint.  Given the focus of Wealden on wood as a core of its economy and a renewable energy source this is a serious oversight. There is also no central recycling area.  Five Ash Down does not contain a recycling facility at present, so the opportunity to provide one could have been taken. There is also no water harvesting to allow use in dry weather for irrigation of the proposed landscaped communal spaces.

 

Bus Stops and Turning Circle: 

East Sussex County Council have informed Buxted Parish Council that a turning circle in the entrance to the site would be viewed sympathetically, especially as East Sussex County Council are currently carrying out a comprehensive review of bus services in the county which could introduce more local bus services to this area.  We would seek such a turning circle to be provided for in the masterplan, even if implemented by operators later. The siting of the bus stops on the A26 remains a concern and is considered to be dangerous especially if children and the elderly are required to cross the A26 to catch a bus north.

 

Layout and Integration with Barchester Healthcare: 

There has been no evidence of thought in the proposals to integrate the houses to the north of the site with Barchester Healthcare.  The a layout as shown with the rear of the back gardens against the boundary of the healthcare site will create a clear divide between the two developments, in the same way as not placing the village green between the estate and existing Five Ash Down village creates a divide.  The Parish Council is disappointed to note that the housing which backs onto the service area of the Barchester Healthcare facility has been allocated for affordable units. This marginalises those most in need of quality housing in Wealden. Moreover the team at Barchester designed their development around earlier plans to minimise the impact of their service area on the residential development as previous layouts indicated parking courtyards – Ward Homes have decided to redesign their residential development without consultation with Barchester or due respect with what they knew was planned.

 

Lighting:

The Parish Council understands there is a requirement by Highways for lighting at the junction with the A26 and the site entrance and that 7 x 8m poles with Urbis Sapphire lanterns with high performance optics. We take their professional guidance that this will fulfil safety requirements without destroying the dark skies of this area. No other part of Five Ash Down has lighting. We reiterate our wish for there to be no lighting on the site and that ambient lights from the houses in the form of porch lights kept low level. Lighting of the pedestrian cycle link needs to be detailed and agreed and should be suitable low level – ideally ’on demand’ so that it does not pose constant light pollution or use up energy wastefully.

 

Connections through the site for pedestrians:

There appears to be no easy access through the site to the main entrance to the bus stops.  Residents who live in the houses at the north eastern end of the site have to walk through most of the estate to reach the main entrance.

 

Summary conclusion: It is the above points that clearly show how the proposed layout does not comply with the “general conformity with the scheme shown on drawing Pl.02” stated by the Inspector, and if approved this tabled proposal would result in the whole community being poorly served by this development.  It is a once in a lifetime opportunity to provide good design layouts and integrate this scheme with the existing village that should not be lost. This estate will double the size of the village of Five Ash Down – it should be designed to integrate and fit with it providing a sustainable and integrated addition to the existing community – the proposal as it is shown will not.

 

5.

Any other matters properly notified

None this meeting.

 

6.

Announcements

None this meeting.

 

 

The meeting closed at 7.38 pm.

 

 

Signed:                                                                         Committee Chairman

 

Date:

 

 

 

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