Agenda item

Steve King, Planning Applications Team Leader introduced the application which sought outline planning permission for 30 new dwellings including 30% affordable housing with access via Isaac’s Lane, the provision of public open space, associated infrastructure and landscaping (resubmission of application DM/18/3052). All Matters reserved except for access.

He drew members attention to the Agenda Update Sheet which was circulated by email and available online. This included revised comments from the Council’s Community Leisure Officer regarding infrastructure contributions and 2 additional conditions which are similar to those imposed on the Northern Arc development which is adjacent to this site.

He highlighted the relevant planning history of the site as it is bounded by the Northern Arc development, a strategic development in the District with planning permission granted for over 3000 homes, schools, business floor space and infrastructure. Phase 1 of this development is adjacent to the site, and completion of the first houses is due in 2021. He also highlighted the main issues as set out in the report and noted that although the site sits within a countryside area as defined in the District Plan, there are significant considerations that justify planning permission approval in this case as the site is surrounded on 3 sides by the Northern Arc development.

Tim Rodway spoke in favour of the application on behalf of the applicant.

A Member noted the need for traffic monitoring especially at the construction stage, suggesting a banksman to allow trucks in and out. The Planning Applications Team Leader confirmed that a detailed construction management plan would be in place prior to any work commencing.

A Member raised concern about the policy implications and timing of the outline application as he noted a number of reasons weighing against the proposal. He felt that undue weight was being placed on the site’s location in relation to the Northern Arc Development, which is not yet built, and its inclusion in the Site Allocations Development Plan Document (Sites Allocation DPD) which is not yet approved. Concern was raised by two Members that the timing was premature as it opens up the chance of other developers submitting applications on a similar basis.

The Chairman noted that there is no precedence with planning applications so future applications are not considered in relation to this one. The Planning Applications Team Leader confirmed that under planning law, applications have to be determined in accordance with the Development Plan unless there are material considerations otherwise. In this case it does comply with a number of policies in the development plan and although it is in countryside, it will be surrounded on three sides by houses and a secondary school shortly. He advised Members that as set out in the committee report the Sites Allocation DPD has little weight at the moment, but as the site will be bounded on 3 sides by the Northern Arc , it is very likely that officers would have recommended this application for approval based on this fact alone.   

A Member expressed concern regarding the trees along the road and hoped that only those necessary will be felled. He also sought assurance that the developer will maintain any replanting for a 3 year period after vacating the site, to ensure plants are not left to die. He also expressed a wish for any construction to be sited at least 15m from any ancient woodland, although it was clarified that there is no ancient woodland near this particular site. He also raised a question regarding the sustainability of the site in the time leading up to the full development of the Northern Arc Site, as children will need access to a school, and residents will require at least one car so there will need to be adequate provision for this, and provision to pay for any cabling for electric car chargers.

The Planning Applications Team Leader confirmed that the internal layout of the site provided at this stage is indicative only to demonstrate that this number of dwellings could be accommodated within the site. Electric Car charging points are to be reserved by condition and will be included. Regarding trees, all of the frontage trees will be removed to provide the required visibility splays however replanting will be required within the site and there is a landscaping condition (no.7) which requires 5 years care. In response to concerns regarding the timing of the site, he noted that the Northern Arc is a flagship Homes England project, scheduled to be delivered at pace with the homes and school nearest the site being completed in the first phase of development.

In response to a concern from a Member that this application will open up possibilities for ‘Northern Arc creep’, the Chairman noted that there are no other sites in a similar position to this site, and the Northern Arc phasing plan indicated that there is no further possibility of creepage closer to Haywards Heath.

Three Members noted that the site is in a unique position that lends itself to being developed and that there has been limited objections to the application.

A Member requested that Section 106 contributions be considered for the town centre of Burgess Hill considering its proximity. It was noted that he can make that representation as the Section 106 agreement has not yet been completed.

The Chairman moved to the recommendation to approve the application, which was proposed by Councillor Coote and seconded by Councillor Walker. A recorded vote was carried out by the Legal Officer and the application was approved unanimously.

RESOLVED

That Planning permission is approved subject to the recommendations below and the conditions contained in the Agenda Update Sheet:

Recommendation A

It is recommended that planning permission is granted subject to the conditions listed in the appendix and the completion of a satisfactory legal agreement to secure the necessary affordable housing and infrastructure provision.

Recommendation B

It is recommended that if the applicants have not submitted a satisfactory signed S106 Legal Agreement/or legal undertaking securing the necessary infrastructure payments and affordable housing provision by the 11 September 2020, then permission be refused at the discretion of the Divisional Lead for Planning and Economy, for the following reason:

1. 'The application fails to comply with policies DP20 and DP31 of the Mid Sussex District Plan in respect of the infrastructure required to serve the development and the required affordable housing.'