Planning Committee

Agenda

HASSOCKS PARISH COUNCIL

To:   All Members of the Planning Committee (Cllrs Carolyn Barton, Kristian Berggreen, Robert Brewer, Leslie Campbell, Bill Hatton, Claire Tester and Nick Owens) with copies to all other Councillors for information.

An informal meeting of the PLANNING COMMITTEE will be held remotely on Tuesday 4 January 2022 at 7.30pm

Parish Clerk – 23 December 2021

AGENDA

1. APOLOGIES FOR ABSENCE.

2. DECLARATIONS OF INTEREST. Disclosure by Councillors of personal and/or pecuniary interests in matters on the agenda and whether the Councillors regard their interest as prejudicial/pecuniary under the terms of the Code of Conduct.

3. MINUTES. To note Minutes of the Meeting held on 13 December 2021 (previously circulated), for approval at the next Committee meeting.

4. PUBLIC PARTICIPATION

5. APPLICATIONS (copies of each application can be viewed online via the Mid Sussex District Council (MSDC) Website – https://pa.midsussex.gov.uk/online-applications/

5.1 DM/21/4238 5 Ewart Close Hassocks West Sussex BN6 8FJ 1x Chestnut tree. Remove 2 branches (marked on photos).

5.2 DM/21/4212 40 Adastra Avenue Hassocks West Sussex BN6 8DL Loft conversion with side dormers.

5.3 DM/21/4258 17 Lodge Lane Hassocks West Sussex BN6 8LU Cavity wall and tiled roof with Velux roof windows to replace existing glazed wall and roof.

5.4 DM/21/2628 Land To The Rear Of Friars Oak London Road Hassocks West Sussex BN6 9NA Reserved Matters Application for the approval of appearance, landscaping, layout and scale at land r/o Friars Oak pursuant to Outline Planning Permission DM/19/1897, comprising of a residential development of 130 dwellings and associated access together with change of use of part of the land to country open space, following the provision of a new pedestrian tunnel under the railway (Amended plans received 20th December 2021 showing a revised layout and revised house designs).

5.5 DM/21/4323 60 Dale Avenue Hassocks West Sussex BN6 8LS Extension and conversion of existing house to provide accommodation to the rear and in the roof space.

6. APPLICATIONS FOR DISCHARGE OF PLANNING CONDITIONS.

6.1 DM/21/4249 Land At Grid Reference 531352 116580 Ockley Lane Hassocks West Sussex  Discharge of planning condition numbers 6 and 7 relating to planning application DM/18/4979.

7. DECISION NOTICES.

8. Urgent Matters at the discretion of the Chairman for noting and/or inclusion on a future agenda.

9. Date of Next Meeting: Monday 24 January 2022 at 7.30pm.

Please Note
All members of the public are welcome to attend to attend meetings of the Parish Council and its Committees.

Item 4 – a period of 15 minutes will be set aside for the public statements and questions relating to the published non-confidential business of the Meeting.

If you wish to attend this virtual meeting please email info@hassocks-pc.gov.uk before 9.00 hrs on the day of the meeting to be sent an electronic invitation by 12.00 noon on that same day.

It may be necessary to consider particular items in confidential session and where this arises, these items will be considered at the end of the agenda.

FILMING, RECORDING OF COUNCIL MEETINGS AND USE OF SOCIAL MEDIA
During this meeting members of the public may film or record the Committee and officers from the public area only providing it does not disrupt the meeting. The Confidential section of the meeting may not be filmed or recorded. If a member of the public objects to being recorded, the person(s) filming must stop doing so until that member of the public has finished speaking. The use of social media is permitted but members of the public are requested to switch their mobile devices to silent for the duration of the meeting.

Minutes

HASSOCKS PARISH COUNCIL

Minutes of the informal meeting of the PLANNING COMMITTEE held remotely on Tuesday 4 January 2022 at 7.30pm

Attendees: Parish Councillors: Carolyn Barton, Kristian Berggreen (Chair), Bob Brewer, Bill Hatton and Claire Tester.

In Attendance: Deputy Clerk: Tracy Forte; Cllr Sue Hatton (observing only); 5 members of the public.

P21/126 APOLOGIES FOR ABSENCE.  Apologies for absence were received from Cllr Nick Owens. Absent without apology – Cllr Leslie Campbell.

P21/127 DECLARATIONS OF INTEREST.  There were no declarations of interest.

P21/128 MINUTES. Members noted the Minutes of the Meeting held on 13 December 2021 (previously circulated), for approval at the next Committee meeting.

P21/129 PUBLIC PARTICIPATION.  There were 5 members of the public present. Three members of the public spoke in opposition to application DM/21/2628 Land to the Rear of Friars Oak.

21/129.1 Mr Steve Sexton raised concerns regarding the lack of clarity in the Ecological Management Plan over the diversion of part of Public Right of Way (PROW) 5K and over the absence of any acceptance by the developer, Rydon Homes, towards upgrading of 5K to Bridleway status.  This was reinforced by Mrs Kate Sexton who informed the Committee that she had previously contacted Mid Sussex District Council emphasising the need for the section of 5K on this development to be upgraded to Bridleway status following the recent development at the Golf Course of the planned development on Friars Oak Fields. Mrs Sexton pointed out that enhancing this PROW to allow cyclists and walkers of all ages a safe route into the village would reduce the need for car journeys; thus consistent with both the Sustainable Development and Sustainable Transport Networks referenced as part of the District Plan.  Mr and Mrs Sexton both urged that these matters are addressed as part of the Reserved Matters for this application.

21/129.2 Mr Matthew Mitchell informed the Committee that he owns almost all of the land which borders the North of the Friars Oak Fields development site.  He raised three concerns:

1. Mr Mitchell believes there have been procedural inaccuracies from the beginning of this development as he was never contacted or notified of the application at any stage.
2. There are several ponds on his land which are within approximately 250 metres of the development site. These ponds are habitat to all three species of native British newts including the protected Greater Crested Newt. Mr Mitchell believes that the development will disturb these habitats which is contrary to the guidance under UK and European Law and this has not been taken into consideration.
3. Flood water. Friars Oak Fields is a flood plain; Mr Mitchell noted that there is a stream that runs across these fields into his land, and that since the commencement of the recent development on the Golf Course he has seen a considerable increase in the water level in the stream, to the extent that his land is now flooding on a regular basis. Therefore he believes that the Friars Oak Fields development will further exacerbate the flooding which will impact on his land, on the habitats of the newts and also on some of the properties on the development site itself. Mr Mitchell believes that the flood maps presented by the developers are inaccurate and outdated and that some properties are highly likely to experience significant flooding once built.

P21/130 The Chair proposed considering application DM/21/2628 Land To The Rear Of Friars Oak London Road Hassocks West Sussex BN6 9NA which was supported by the rest of the committee.

P21/130 APPLICATIONS

DM/21/2628 Land To The Rear Of Friars Oak London Road Hassocks West Sussex BN6 9NA Reserved Matters Application for the approval of appearance, landscaping, layout and scale at land r/o Friars Oak pursuant to Outline Planning Permission DM/19/1897, comprising of a residential development of 130 dwellings and associated access together with change of use of part of the land to country open space, following the provision of a new pedestrian tunnel under the railway (Amended plans received 20th December 2021 showing a revised layout and revised house designs). Response: RECOMMEND REFUSAL.

Hassocks Parish Council continues to recommend refusal to this application on the same grounds as previously raised on 11 August 2021, with further additional information relating to item 4 Sustainable Design.

1. PROW 5K/Non-Car Route provision.
i. As part of Hassocks Parish Council’s commitment to creating easy to use Non-Car Routes in Hassocks, it is important that:

• The Footpath 5K which runs through this site is maintained at 3.5 metres wide and that the developer provides a heavy duty hard surface to allow use by both pedestrians and cycles throughout the year. This will allow safe direct Pedestrian and Cycle access for the new Rydon development (as well as the Bellway development west of the London Road) into Hassocks Centre and schools. Also, that the contractor accepts and facilitates an upgrade of PROW 5K to Bridleway status by WSCC.
• The proposed footpath link at the NW corner of the site be upgraded to allow a more direct cycle route access from the Rydon development onto the Cycle Route to Burgess Hill.
• A safe cycle route and crossing arrangement be provided at the A273 London Road junction to allow cyclists to cross safely to the Bellway development.

ii. Plots 74 and 75 and the apartment block containing plots 80-83 are very close to the PROW and will create a narrow tunnel like walkway between the hedgerow and fencing. Furthermore, the apartment block is too close to the large tree to the west. The position of these properties need to be adjusted accordingly and the footpath widened.

2. Electric Charging Points
In view of the Government’s accelerated timescales for conversion to electric vehicles it would be appropriate to install a higher level of charging points. The Council would therefore like to see:

i. The base level of fully installed Charging Points be 50%.

ii. 100% of detached houses be fully installed – as these will have high car ownership and be more likely to purchase an electric vehicle.

3. Allotments
The Parish Council has significant excess demand for Allotments and the Northern Open Space would offer an opportunity to meet that demand.  It is therefore requested that consideration is given to one third of the northern field being allocated to the Parish Council for allotments. The eastern part of the field would meet this need and have minimal effect on the proposed layout of the site.

4. Sustainable Design.
According to page 9 of the Design & Access Statement published on 14 July 2021, this development is designed to “comply with extant building regulations”, and will follow a “fabric first strategy “coupled with micro renewable energy” (i.e. insufficient)  “or air source heat pumps where appropriate”. This scant information is insufficient for members of the public and councillors to understand how sustainability will be delivered.  If the buildings only meet 2010 Building Regulations extant in January 2022, then by definition they are not sustainable.  The Council notes that none of the houses that are planned, will actually start to be built before 2023 – before that date only infrastructure works are proposed to be undertaken.

MSDC has a duty to ensure that the policies of the District Plan (especially DP39) and Neighbourhood Plan (especially NP5) are respected and adhered to.  It is deeply regrettable that MSDC Councillors voted 8:4 against upholding these policies in the matter of the land North of Clayton Mills site following the advice from MSDC Planning Officers.  Over 1,000 people voted for the Neighbourhood Plan policies, with only a handful against, so the wishes of the population of Hassocks have been completely ignored.

Two reasons were given in that case for refusal:  (1) that if the developer has met or slightly exceeded the conditions of the Building Regulations for energy efficiency, then MSDC cannot ask for more; and (2) that the District had the 500 houses in its housing delivery plan and refusal of this application would put Mid Sussex behind in that delivery and risk the District Plan being declared “out of date”.    Both these reasons are invalid and cannot be used in this matter of DM/21/2628.

This is why:

1. In its response to the consultation on the Future Homes Standard, the Government has announced that “To provide some certainty in the immediate term, the Government will not amend the Planning and Energy Act 2008, which means that local planning authorities will retain powers to set local energy efficiency standards for new homes”. Thus, MSDC has the power to set its own standards, and has already done so through policies DP39 and NP5.  Note that policy NP5 requires that energy efficiency should be maximised.   Therefore, the reason given for not requiring the greater energy efficiency required by DP39/NP5, is invalid.
2. MSDC now has a further 500 homes with approved planning, so the risk that refusing the 130 new homes at Friars Oak would make the housing delivery plan “out of date” must be considerably less. In any event the argument is specious because, if the 130 homes were refused on the grounds that they had not demonstrated a high enough standard of energy efficiency, it is a simple matter for the developer to make a fresh application within weeks, providing adequate energy efficiency details demonstrating (for example) how the LETI standards for new homes energy efficiency will be met and all other details remaining largely unchanged.  There would be no objection on sustainability grounds to the fresh application.

What would not be acceptable to the voters who voted for the Neighbourhood Plan, is that a planning application should be granted now, in which the “old” 2010 Building Regulations be allowed to apply to these 130 new homes on the grounds that they are “started” before 15 June 2022, when the 2021 amendment to the 2010 Building regulations comes into effect.   To prevent such shameful underhandedness, MSDC Councillors are requested to impose a condition that all the homes are built to the same standard, namely, to meet and exceed those regulations that come into force on 15 June 2022.

To further ensure that these houses are built to the best possible standard and do not require expensive retrofit of additional renewable energy technology or further energy saving measures, MSDC Councillors are requested to impose an additional condition, that there is no gas suppled to the site and all heating is provided by ground – or air-source heat pumps.  As there is a sizeable stream on site, the water table is very close to the surface and boreholes for closed-loop or open loop ground source heat should be easy to include in the infrastructure works if the developer chooses to do it that way.

Alternatively MSDC Councillors could require that the houses are built to the LETI Medium and Large Scale Housing design standard which is published and available at the following web address:
LETI Medium and Large Scale Housing standard. (https://b80d7a04-1c28-45e2-b904-e0715cface93.filesusr.com/ugd/252d09_dfa8ae10c10144d9828b0caf6e7b7aa1.pdf).

5. Character and Design
It is considered that the proposed housing designs are lacking in interest and variety and are of limited character.  The application is therefore contrary to Policy DP26: Character and Design of the District Plan and Policy 9: Character and Design of the Hassocks Neighbourhood Plan; and not in alignment with the Mid Sussex Design Guide.  It is felt the designs could be improved upon to create a far more pleasing and interesting development for residents.

It is also considered that the development site provides insufficient public green space.

6. Layout
The affordable housing is located very close together rather than distributed evenly throughout the site which would be a more acceptable proposal.

7. Existing Hedgerow
Clarification is sought as to the proposals for the hedgerow which borders the southern edge of the development.  It is unclear from the documentation whether the hedgerow falls within the boundary of the development or is under the ownership of the existing properties.  It is also unclear whether this hedgerow is to be maintained in its entirety.

A robust hedge is necessary to protect the privacy and boundary of the existing housing and additional planting maybe required to ensure this.

8. Community Funding
It is requested that the Community Building Contribution from the development is prioritised for improvements to the hall at St Francis Church, Priory Road, Hassocks which is in close proximity to the proposed development and highly likely to be used by residents living there.

5 members of the public left the meeting.

DM/21/4238 5 Ewart Close Hassocks West Sussex BN6 8FJ 1x Chestnut tree. Remove 2 branches (marked on photos). Response: RECOMMEND APPROVAL.

DM/21/4212 40 Adastra Avenue Hassocks West Sussex BN6 8DL Loft conversion with side dormers. Response: RECOMMEND APPROVAL.  The applicant is advised that Government has committed to adopt a ‘Future Buildings Standard’ during 2021 which will change the Building Regulations requirements for alterations and extensions to homes to bring these alterations closer to that of a ‘zero energy building’.  This is supported by Policy 5 ‘Enabling Zero Carbon’ of the Hassocks Neighbourhood Plan which states that proposals that modify existing buildings (including extensions) should seek to maximise the inclusion of energy-saving measures and renewable energy generation.  Energy saving measures include floor, roof and wall insulation, and low u-value windows (which may need to be triple glazed). These requirements may require amendments to your design which could affect the drawings submitted for planning permission. The applicant may wish to note that alterations that are built to a Nearly Zero Energy standard, are unlikely to need further retrofitting to minimise the carbon emissions that the nation is required to reduce to zero by 2050.  As retrofitting an existing home to be highly energy efficient is more complex than doing so for a new building, applicants may wish to look at the ‘EnerPHit’ standard that the Government is understood to be considering as the applicable “Nearly Zero Energy’ standard in this context, or at the Architypes published by the London Energy Transformation Initiative for u-values for your extension walls, windows etc. and for ventilation and overheating prevention standards to be achieved.

DM/21/4258 17 Lodge Lane Hassocks West Sussex BN6 8LU Cavity wall and tiled roof with Velux roof windows to replace existing glazed wall and roof. Response: RECOMMEND APPROVAL.  The applicant is advised that Government has committed to adopt a ‘Future Buildings Standard’ during 2021 which will change the Building Regulations requirements for alterations and extensions to homes to bring these alterations closer to that of a ‘zero energy building’.  This is supported by Policy 5 ‘Enabling Zero Carbon’ of the Hassocks Neighbourhood Plan which states that proposals that modify existing buildings (including extensions) should seek to maximise the inclusion of energy-saving measures and renewable energy generation.  Energy saving measures include floor, roof and wall insulation, and low u-value windows (which may need to be triple glazed).  These requirements may require amendments to your design which could affect the drawings submitted for planning permission. The applicant may wish to note that alterations that are built to a Nearly Zero Energy standard, are unlikely to need further retrofitting to minimise the carbon emissions that the nation is required to reduce to zero by 2050.  As retrofitting an existing home to be highly energy efficient is more complex than doing so for a new building, applicants may wish to look at the ‘EnerPHit’ standard that the Government is understood to be considering as the applicable “Nearly Zero Energy’ standard in this context, or at the Architypes published by the London Energy Transformation Initiative for u-values for your extension walls, windows etc. and for ventilation and overheating prevention standards to be achieved.

DM/21/4323 60 Dale Avenue Hassocks West Sussex BN6 8LS Extension and conversion of existing house to provide accommodation to the rear and in the roof space. Response: RECOMMEND APPROVAL.  The applicant is advised that Government has committed to adopt a ‘Future Buildings Standard’ during 2021 which will change the Building Regulations requirements for alterations and extensions to homes to bring these alterations closer to that of a ‘zero energy building’.  This is supported by Policy 5 ‘Enabling Zero Carbon’ of the Hassocks Neighbourhood Plan which states that proposals that modify existing buildings (including extensions) should seek to maximise the inclusion of energy-saving measures and renewable energy generation.  Energy saving measures include floor, roof and wall insulation, and low u-value windows (which may need to be triple glazed).  These requirements may require amendments to your design which could affect the drawings submitted for planning permission. The applicant may wish to note that alterations that are built to a Nearly Zero Energy standard, are unlikely to need further retrofitting to minimise the carbon emissions that the nation is required to reduce to zero by 2050.  As retrofitting an existing home to be highly energy efficient is more complex than doing so for a new building, applicants may wish to look at the ‘EnerPHit’ standard that the Government is understood to be considering as the applicable “Nearly Zero Energy’ standard in this context, or at the Architypes published by the London Energy Transformation Initiative for u-values for your extension walls, windows etc. and for ventilation and overheating prevention standards to be achieved.

P21/131 APPLICATIONS FOR DISCHARGE OF PLANNING CONDITIONS. The following applications was considered.

DM/21/4249 Land At Grid Reference 531352 116580 Ockley Lane Hassocks West Sussex  Discharge of planning condition numbers 6 and 7 relating to planning application DM/18/4979. Response: 

To date, vehicular access to Woodside Grange has been via a roadway from the north of Woodsland Road, Hassocks.  Therefore it is of concern that the unmade rural track which incorporates PROW 5K has been referenced in the Management Plan as being maintained as access for Woodside Grange.  In its current condition, this access is not in any way suitable to be used by a range of vehicles, nor is it wide enough for safe use by both vehicles and pedestrians. Whilst the upgrading of this section of the PROW to a bridleway is most welcome, the Council was not aware that this was to also be a vehicular route.

The Council requests assurances that the immediate neighbours on Ockley Lane are to be protected as much as possible from the disruption of the development and would request that consideration is given to moving the compound areas further away from existing homes where possible.  Furthermore it is essential that effective enforcement of the conditions set out in the Construction Management Plan is implemented and ongoing throughout the development to minimise the impact on the immediate residents.

P21/132 It was noted that the observations on the planning issues as recorded above be submitted to the relevant Planning Authority for consideration in line with the Parish Council’s Standing Orders.

P21/133 PLANNING AUTHORITY DECISION NOTICES

The following decisions were noted:

Application details	Hassocks PC recommendation to Planning Authority	Planning Authority Decision (MSDC/SDNP)
DM/21/3782 St Annes Gardens, Hassocks	Recommend Approval	Permission Granted
DM/21/2148 The Paddock, London Road, Hassocks	Recommend Approval	Permission Granted
DM/21/3842 8 Bonnywood Road, Hassocks	Recommend Refusal	Permission Refused
DM/21/2841, Land North of Clayton Mills, Hassocks	Recommend Refusal	Permission Granted
DM/21/3956 21D The Crescent, Hassocks	Recommend Approval	Permission Granted
DM/21/3919 27 Queens Drive, Hassocks	Recommend Approval	Permission Granted
DM/21/3995 13 Ravenswood, Hassocks	Recommend Approval	Permission Granted
DM/21/3733 36 Ockenden Way, Hassocks	Recommend Approval	Permission Granted
SDNP/21/04783/HOUS Cottage Garth, Underhill Lane, Clayton	Recommend Approval	Permission Granted

The following withdrawal of an application was noted:

Application details	Hassocks PC recommendation to Planning Authority
DM/21/2787 60 Dale Avenue, Hassocks	Recommend Refusal.

 P21/134 Urgent Matters at the discretion of the Chairman for noting and/or inclusion on a future agenda.  There were no urgent matters.

P21/135 DATE OF NEXT MEETING. Monday 24 January 2022. To be held remotely.

There being no other business the Chair closed the meeting at 8.25pm.