Agenda item

DM/21/3385 - Land to the South of Kings Way, Burgess Hill, West Sussex, RH15 0XP.

Minutes:

Joseph Swift, Senior Planning Officer introduced the application for erection of a 68-bedroom residential care facility, with associated access works, car parking, servicing, private amenity space, landscaping and boundary treatment.  He drew the  Member’ attention to the agenda update sheet highlighting amendments to conditions 3, 6, 20 and 21. With the deletion of condition 11 and replacement with a condition to secure EV charging, together with the deletion of condition 19 and an additional condition to secure cycle parking. Members were also made aware of an additional letter of representation which had been received, the points raised had already been covered by previous letters. In addition additional comments had been received by the Urban Designer. The officer noted the site constraints with the varying levels between the site and Kings Way, the area of Ancient Woodland to the south eastern corner, the application site has a number of TPO trees to the north western and north eastern boundaries and the proposal would require the removal of 8 trees to gain access, together with the land levels being raised within the RPA of the trees at a few pinch points along the north eastern boundary. The Tree Officer has been consulted and raised no objections to the proposal which will also be providing additional planting and 15 ms buffer zone to the Ancient Woodland.  He noted the application had been reviewed by the Design Review Panel, and the Urban Designer had made a few recommendations. The buildings will be constructed with a fabric first and energy demand approach beyond current building regulations. The site is within  the built up area boundaries, within a sustainable location, supported by policy, is considered to appropriate in terms of design, neighbouring amenity, highways, drainage, ecology, trees, contamination and on the impact on the Ashdown Forest.

 

Peter Tooher, agent for the applicant spoke in favour of the application.

 

Members discussed the sustainability of the site in relation to the provision of bus routes to the town centre and screening of the development from the railway.  They noted the installation of PV panels and air source heat pumps, and the higher level of construction than current building regulations.

 

Members expressed concern over the location of the building within the plot, which will be close to the railway line, the use of gas boilers, sound proofing from the railway line and potential noise from the ground source heat pumps. 

 

The Chairman noted that the site is well screened by existing shrubs.

 

In response to Members’ concerns the Officer advised an end user had not yet been chosen but the developer has several options.  Condition 10 deals with the issue of the railway and sound proofing to protect the end user. Noage restrictions had been attached to the application but could be added if the committee considered it was necessary. An application for a change of use would be required if no end users was found and an alternative use was sought.  

 

The Officer highlighted that the site is constrained regarding the access point due to the changes in levels, therefore the access would be from the north-east of the site with an adjacent car park, the building would be sited at the southern end of the site, and the issue of sound proofing has been controlled by a condition. The car park met WSCC standards, no additional parking places will be provided for staff and WSCC had raised no objections. He noted that an air quality management condition had been removed and the developer advised they would be willing to install 7kw charging points.  He confirmed condition 13 covers noise from fixed plant and machinery. Members were advised that no other infrastructure contributions from the developer were not required beyond the TAD and a contribution for the library currently being sought, and a Member highlighted the new medical facilities near Keymer brick works.

 

In response to a Member’s concern with future proofing of the site, the Chairman advised the Committee must consider the application that has been received.

 

The Chairman highlighted the need for care homes in the district with an aging population.

 

As there were no further questions or contributions the Chairman took Members to a vote on the recommendations outlined in the report.  This was proposed by Councillor Marsh and seconded by Councillor Whittaker  and was approved 7 in favour, one against and 1 abstention.

 

RESOLVED

 

Recommendation A

 

That planning permission be approved subject to the completion of a satisfactory S106 Legal Agreement to secure infrastructure contributions and the conditions set in Appendix A and subject to changes in the agenda update sheet.

 

Recommendation B

 

That if the applicants have not submitted a satisfactory signed planning obligation securing the necessary infrastructure payments by the 21st July 2022, then it is recommended that permission be refused at the discretion of the Divisional Lead for Planning and Economy, for the following reasons:

 

'The application fails to comply with policies DP20 of the Mid Sussex District Plan in respect of the infrastructure contributions required to serve the development.'

 

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