Agenda and minutes

Members and officers must declare any pecuniary or personalinterest in any business on the agenda. They should also make declarations at any stage such an interest becomes apparent during the meeting. Consideration should be given to leaving the meeting if the nature of the interest warrants it. If in doubt, contact Democratic Services before the meeting.

7.1    In accordance with the County Council’s Code of Conduct, Cllr Jay Mercer (as part of his written statement read out to the Committee) declared a Personal Interest in Item 5 – Planning Application WSCC/047/21 - because he has recently become the Cabinet Member for Environmental Health, Recycling and Waste at Horsham District Council, but stated that he has had no involvement in this planning application.

The minutes of the previous meeting of the Committee dated 6 June 2023 are in preparation and will be submitted for confirmation to the next meeting of the Committee.

8.1    The Committee noted that at the time of the publication of the agenda for this meeting theminutes of the previous meeting of the Committee dated 6 June 2023 were in preparation.  The minutes are now available as draft minutes on the Planning and Rights of Way Committee pages of the County Council’s website and they will be submitted for confirmation to the next meeting of the Committee.

Items not on the agenda that the Chairman of the Committee is of the opinion should be considered as a matter of urgency by reason of special circumstances.

9.1     There were no urgent matters.

Report by Head of Planning Services.

The Committee is asked to consider and determine the following application:

Creation of a 3G Artificial Grass Pitch (AGP) with perimeter fencing, floodlighting, macadam hardstanding area, storage container, timber acoustic barrier fence and macadam access pathway.  The Forest School, Comptons Lane, Horsham, West Sussex, RH13 5NT.

WSCC/047/21 - Creation of a 3G Artificial Grass Pitch (AGP) with perimeter fencing, floodlighting, macadam hardstanding area, storage container, timber acoustic barrier fence and macadam access pathway. The Forest School, Compton’s Lane, Horsham, West Sussex, RH13 5NT.

10.1   The Committee considered a report by the Head of Planning Services, as amended by the Agenda Update Sheet.  The report was introduced by Edward Anderson, Planner, who outlined the application and the key points.  The Committee was advised that the following should also be noted, which do not change the substantive recommendation:

·       The response from WSCC Archaeology, as detailed in the Agenda Update Sheet, from which is proposed an additional Condition -‘Written Scheme of Investigation’.

·       A slight error in paragraph 8.1 of the Committee report.  It should be noted that third party representation numbers should read 115 representations, of which there were 70 objections, 28 in support and 17 that provided comments.

10.2   NOTE: the following representations to the Committee made reference either to an All-Weather Pitch (AWP) and/or Artificial Grass Pitch (AGP) and/or Multi-Use Games Area (MUGA).  Such expressions, should, in general, apply to the whole proposed facility and could be viewed as interchangeable in most of the references.

10.3   Mr Dennis Manning, a local resident who has a son as a pupil at The Forest School, spoke in objection to the application.  An AWP might be seen as an asset and a benefit to pupils.  The proposed construction materials may pose a health concern and further studies should be considered before a decision is made.  Residents would expect after school hours and weekends to be quiet, apart from the occasional school club.  The Committee report clearly states that this development, in the school grounds on the eastern side of Compton’s Lane, is in a “predominantly residential area” and refers to “properties along the northern side of St Leonard’s Road to the south, which are located between 15m and 95m from the application site”.  Noise reduction plans will not stop noise reaching these residents.  The World Health Organisation ’Guidelines for Community Noise’ were written 24 years ago.  Article 8 of the Human Rights Act provides for respect for “an individual’s private life and home” and Article 1 of Protocol 1 provides that “an individual’s peaceful enjoyment of their property shall not be interfered with save as is necessary in the public interest”.  This proposal will mean unacceptable disturbance and inconvenience at all hours, and residents will only be free from disruption after 21.00 hours in the evening.  Should the residents pay the sacrifice for the football for the Horsham area being a “public interest”?  There are adequate 3G AGP facilities elsewhere in Horsham, at Horsham Rugby Club and Tithe Barn.  The provision for a complaints process compounds the point that complaints will be expected.  There is no issue with a facility for pupils within school hours or an hour afterwards.

10.4   Mr Keith Hemsley, local resident, spoke in objection to the application.  Objections are on the basis of location, hours  ...  view the full minutes text for item 10.

Report by the Head of Planning Services.

The Committee is asked to note the following report:

Development Management Annual Report 2022.

11.1   The Committee considered a report by the Head of Planning Services.  The report was introduced by James Neave, Principal Planning Officer, who clarified that:

·       The report is for the 2022 calendar year.

·       Since the publication of the report, a decision notice has been issued by the Planning Inspectorate regarding the appeal on Application number WSCC/081/19, Proposed Temporary Concrete Crushing and Soil Recycling Facility,Kilmarnock Farm, Charlwood Road, Ifield, RH11 0JY.  The Planning Inspector upheld, on all grounds, the decision of the Council, which was to refuse the application.  The Planning Inspector’s dismissal also included additional matters relating to water neutrality and flooding; it is acknowledged that these did come in after the decision that was made by this Committee.

11.2   The Committee raised the points below and responses or clarification was provided by the Planning Officers, as noted below.

Hydrocarbons planning applications

Points raised – What additional procedures have been adopted to address the determination of hydrocarbon applications in required timeframes?  It was noted that records are over two years, so determination percentages will change quickly given the limited number of hydrocarbons applications.

Response –  Planning Officers now conduct a regular review of determination dates during weekly team meetings, including a traffic light reporting system.  The team’s Technicians also now review determination dates to ensure extensions in time are being picked up and recorded properly.  It was agreed that performance figures can change very quickly given the limited number of hydrocarbon application dealt with, and that this is moving in the right direction.

Statutory Consultees

Points raised – Have there been any significant issues with timeframes for responses from statutory consultees? How often do we chase operators for compliance with operational conditions?

Response – Yes some are indeed delayed, albeit response times  for statutory consultees vary.  Resource problems are sometimes cited as the reason for delays.  Where there are issues regarding the timeliness of responses, Planning Officers chase repeatedly for outstanding responses.  Enforcement of conditions tends to be reactive.  Visits to key waste sites are more frequent and often include spot visits and checks when officers are in the locality.

Follow-on actions and Discharge of Conditions

Point raised – The Committee was pleased with Discharge of Condition and Non-material Amendment applications now appearing as individual applications and on the online system.  Do Town and Parish Councils get informed of Discharge of Condition applications?

Response –There is no statutory requirement to consult on Discharge of Condition applications, and this generally does not take place with Town and Parish Councils.  There is however discretion for officers to consult any other parties should there be specific justification or reasoning for doing so, which is decided on a case-by-case basis.  In general terms, technical consultees will be contacted (e.g. Highways/EHOs/Environment Agency) particularly where they have specifically requested a condition.

11.3   Resolved:

The Committee noted the report.

The next meeting of the Committee will be held at 10.30 am on Tuesday,
18 July 2023 at County Hall, Chichester. 

Report by the Head of Planning Services, Director of Law and Assurance and Assistant Director (Highways Transport and Planning).

The Committee is invited to ask about planned agenda items and to note the following report by the Head of Planning Services, Director of Law and Assurance and Assistant Director (Highways Transport and Planning):

Current Planning Applications, Current Definitive Map Modification Orders (DMMOs) and Public Path Orders (PPOs) under investigation.

12.1   The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 18 July 2023 at 10.30 am.

12.2   Members noted items likely to be considered at the next meeting of the Planning and Rights of Way Committee on Tuesday, 18 July would include DMMO 3/19 - Addition of a BW along the full length of Sheepwash Lane, West Wittering – G18.  In addition, the following planning applications would be scheduled to be considered by the Committee in due course: WSCC/028/21 - The continued winning, working and processing of sand from the existing Rock Common Quarry, the importation of inert classified engineering and restoration material, the stockpiling and treating of the imported material, the placement of the imported material within the quarry void and the restoration and landscaping of the quarry, Rock Common Quarry, The Hollow, Washington, Pulborough, RH20 3DA, and also WSCC/021/23 - Regularisation, consolidation and extension to the existing waste transfer facility including an increase in throughput of waste, Recycle Southern Ltd, Elbridge Farm, Chichester Road, Bognor Regis, PO21 5EF. The scheduling of items to be considered by the Planning and Rights of Way Committee is subject to change.