Agenda item

Steven King, Planning Team Leader for Planning Applications introduced the application for outline application for an expansion of the existing commercial estate in the ward of Councillors Forbes and Phillips. The outline planning application also sought permission for a replacement of the existing dwelling, and the creation of a new public footpath; all matters were reserved except for access.  The officer drew attention to the agenda update sheet. He advised that an additional letter had been received concerning the return of the application to the committee and it listed objections that had already been raised.  He confirmed that the Site Allocation DPD now has significant weight as the Planning Inspector’s report had been received. 

The Members were reminded that an application had been approved by this Committee in September 2021 subject to the Section 106 agreement which is nearing completion.  Issues have been identified with the mitigation works on the Dukes Head roundabout. The application before the committee related to the Section 106 agreement to secure off site improvement works to Dukes Head roundabout and provided updates on the policy position; no objections had been received from the Highway Authority .  He confirmed there was no change to the application, no changes on the ground and no change to the District Plan. The  Copthorne Neighbourhood Plan was now a made plan, but its contents remained the same as when the application was reported to committee in September. The report detailed the planning history of the site and views of the Planning inspector, access to the site remained the same with a minor widening of the access and left turn only when exiting the site.  Since the original application was approved the Copthorne Neighbourhood Plan had been made, the whole site was within the Copthorne Neighbourhood Plan and the agenda update sheet provided information on the status of SA DPD Policy SA 34.  The Highway Authority did not want the Section 106 contributions from the developer to be ringfenced to provide the changes shown on plan number JNY10683-05 as shown on the officer’s presentation, they wished to be able to pool the funds with other monies to deliver more comprehensive improvements to the roundabout.

Several Members noted their support of the approach to pool funds to enable safety improvement at the Dukes Head roundabout.  Members discussed the footways on Turners Hill Road, the retention of existing foliage on the roundabout and the future improvements of the Dukes Head roundabout.  A Member highlighted that the Committee had approved the previous application and the only change was to the use of the Section  106 funding.

The officer confirmed a new section  of footway would be constructed near the end of the right of way on the west side of Turners Hill Road to enable pedestrians to cross over to the existing footway on the east side of the road. The approval of any future improvements at the roundabout were the responsibility of West Sussex County Council.

The Chairman reminded the Members that they were only considering the application that was before the Committee, the pooling of the Section 106 funds for infrastructure improvements.

As there were no further questions or contributions the Chairman took Members to a named vote on the recommendations outlined in the report.  This was proposed by Cllr Marsh and seconded by Cllr Trumble and was unanimously approved. 

RESOLVED

Recommendation A

It is recommended that, subject to the completion of a satisfactory S106 Legal Agreement and/or legal undertaking to secure the required level of infrastructure contributions and contribution towards offsite improvements to the Dukes Head roundabout and the section of pavement adjacent to the Turners Hill Road, planning permission be granted subject to the conditions set out in Appendix A.

Recommendation B

If by 15th September 2022 the applicants have not submitted a satisfactory signed S106 Legal Agreement and/or legal undertaking securing the necessary financial contributions, then it is recommended that planning permission be refused at the discretion of the Divisional Leader for Planning and Economy for the following reason(s): 'The application fails to comply with Policy DP20 of the Mid Sussex District Plan and paragraphs 55 and 57 of the National Planning Policy Framework in respect of the infrastructure required to serve the development.'