Agenda and minutes

Planning and Rights of Way Committee - Tuesday, 29 June 2021 10.30 am

Venue: County Hall, Chichester, PO19 1RQ

Contact: Tracey Guinea on 033 022 28679  Email:  tracey.guinea@westsussex.gov.uk

Media

Items
No. Item

1.

Declarations of Interest

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.

Additional documents:

Minutes:

1.1        In accordance with the County Council’s Constitution: Code of Practice on Probity and Protocol on Public Participation in Planning and Rights of Way Committees, the following Members declared that they have been lobbied in relation to the following planning applications: Agenda Item 4(a): WSCC/052/20, Agenda Item 4(b): WSCC/020/21/S257 and Agenda Item 6: WSCC/004/20 -
Cllr Burrett (Chairman), Cllr Atkins (Vice-Chairman), Cllr Ali,
Cllr Duncton, Cllr Gibson, Cllr Hall, Cllr Joy, Cllr McDonald,
Cllr Montyn, Cllr Oakley, Cllr Patel, Cllr Quinn and Cllr Sharp.

 

1.2     In accordance with the County Council’s Code of Conduct,
Cllr Gibson declared a personal interest in Item 5: Proposed upgrade to part of Public Footpath 76 Golf Links Lane to Bridleway as Part of a Route Linking Selsey with Medmerry, as a member of The British Horse Society.

 

1.3        In accordance with the County Council’s Code of Conduct, the following Members declared a personal interest in Item 6: planning application: WSCC/004/20 because they are members of the National Trust: Cllr Burrett (Chairman), Cllr McDonald and
Cllr Sharp.

 

2.

Minutes of the last meeting of the Committee pdf icon PDF 197 KB

The Committee is asked to confirm the minutes of the meeting held on 30 March 2021 (cream paper).

Additional documents:

Minutes:

2.1     Resolved – That the minutes of the Planning and Rights of Way Committee held on 30 March 2021 be approved and that they be signed by the Chairman.

3.

Urgent Matters

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.

Additional documents:

Minutes:

3.1     There were no urgent matters.

4.

Planning Applications pdf icon PDF 135 KB

Additional documents:

Minutes:

WSCC/052/20 – Construction of a single carriageway with shared cycleway/footway, roundabouts, road markings, traffic signals, bus stops, provision of hard and soft landscaping, construction of a substation building, installation of a noise barrier, and other associated works on land to the north of Eastergate and north-west of Barnham, PO22 0DF

 

WSCC/020/21/S257 –Town and Country Planning Act 1990, Section 257 Stopping up or Diversion of a Public Footpath, Bridleway or Restricted Byway.  Proposed diversion of Public Footpath 318 at land to the north of Eastergate and north-west of Barnham.

 

4.1     The Committee considered a report on planning application WSCC/052/20 by the Head of Planning Services.  The report was introduced by James Neave, Principal Planner, who gave a presentation on the application including details of the consultation and key issues in respect of the application.  The Committee also considered a report by the Head of Planning Services in relation to application WSCC/020/21/S257, including amendments to paragraph 4.1 of the report, as amended by the Agenda Update Sheet (copy appended to the signed copy of the minutes).  Mr Neave introduced the report and gave a presentation on the proposals, details of the informal consultation and key issues in respect of the application, plus the legal provisions for both the making and confirming of an order.  The Committee was asked to make separate decisions on the substantive recommendations for each of the applications. 

 

4.2     Mr Richard Blott, local resident, spoke in objection to application WSCC/052/20.  Initiatives to alleviate local traffic congestion are supported but this application is fundamentally flawed.  Lack of transparency in the Traffic Assessment leaves no confidence in traffic forecasts.  There would be significant, unquantified road safety risks and failure to mitigate risk on adjoining highways.  There would be unnecessary damage to existing local amenity and ecological damage.
No binding commitment has been given for timely delivery of the north/south link.  There should be genuine consultation to resolve outstanding problems, an independent audit of the Traffic Assessment and modelling for all affected highways and junctions, full compliance with the Design Manual for Roads and Bridges with reference to road safety including a non-motorised user (NMU) survey and preservation of the local amenity, and a binding commitment for the timely funding and delivery of the north/south link.

 

4.3     Mrs Heather Godsmark, local resident, spoke in objection to application WSCC/052/20.  There would be safety concerns due to the number of property entrances and road junctions including the Eastergate Lane/Fontwell Avenue T-Junction, where a recent serious accident occurred.  Lack of a NMU survey is unsound.  Roundabouts have no controlled crossings and this would divide communities and reduce safe passage and access to facilities.  The road would promote intolerable traffic congestion.  Dwellings would be significantly adversely visually impacted due to the 2 metre bank and a 3 metre ‘rusty’ acoustic fence, for which there are other solutions.  There would be pitiful planting.  The proposed new development could further reduce visibility.  The raised causeway could block and funnel water towards Barnham Lane ditch and adjacent  ...  view the full minutes text for item 4.

5.

Proposal under Section 26 of the Highway Act 1980 pdf icon PDF 199 KB

Report by the Director of Highways, Transport and Planning, Place Services.

 

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

 

Selsey: Proposed Upgrade of part of Public Footpath 76 Golf Links Lane to Bridleway as Part of a Route Linking Selsey with Medmerry.

 

Additional documents:

Minutes:

Selsey: Proposed Upgrade of part of Public Footpath 76 Golf Links Lane to Bridleway as Part of a Route Linking Selsey with Medmerry.

 

5.1     The Committee received and noted a report by theDirector of Highways, Transport and Planning, Place Services including amendments to paragraph 6.1 of the Committee report as amended by the Agenda Update Sheet (copy appended to the signed copy of the minutes).  The report was introduced by Nicholas Scott, Principal Rights of Way Officer, who gave a presentation on the proposals, details of the informal consultation and key issues in respect of the application, plus the legal provisions for both the making and confirming of an order.

 

5.2     The Committee noted a written statement in support of the application from Mr Peter Glover, local resident.  The proposals would be wholeheartedly supported.  The existing use of the lane by all forms of traffic has been understated in the Committee report and not based on consultation with residents or substantive periods of observation.  Whatever the current legal restrictions, the lane is used by all manner of motorised vehicles including HGVs, farm traffic, heavy plant and private cars, as well as pedestrians and cyclists.  The claims of the Country Club that there would be an unsustainable increase in traffic is nonsense because the 300-plus chalets also generate substantial traffic.  There are safety concerns due to the lane being narrow and so signage and traffic calming measures were suggested.  No-one locally is aware of any owner, although part of the route is maintained by the Country Club.  Mr Glover’s comments are endorsed by Mr David Sword, another local resident.

 

5.3     The Committee noted a written statement in support of the application from Mr Mike Nicholls, Chairman, Project Team, Selsey to Chichester Greenway.  The route is a strategic link between Selsey High Street and the RSPB via Ferry Farm and Medmerry.  The proposals would allow access to route 88 which stretches over 12.5 miles on the east of the B2145 to Chichester via North Mundham, and to the Greenway cycle route aiming to run over 8.5 miles on the west of the B2145 to Chichester.  The proposed route has passed the feasibility study, has passed an ecological impact assessment and has 95% land permissions.  It would help combat climate change, link communities, serve residents, commuters, pupils and visitors and link to other parts of the peninsular.  It would also enhance use of the canal.  The proposal is supported by local councils, businesses, stakeholders, Sustrans and landowners.

 

5.4     Cllr Donna Johnson, local County Councillor for Selsey spoke on the application.  The Manhood Peninsula generates 70% of the tourism in Chichester District.  In summer there is a noticeable increase in cyclists.  The proposal would support ambitions to make Selsey a destination for ecotourism.  Medmerry, one of the UK’s largest managed coastal realignment schemes, is a much visited stretch of coastline.  The B2145 is one of the country’s busiest B roads and traffic can exceed optimum usage at certain times.  ...  view the full minutes text for item 5.

6.

Planning Application: Waste pdf icon PDF 319 KB

Report by Head of Planning Services.

 

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

 

WSCC/004/20 Restoration of the former Standen Landfill site with a woodland and pasture landfill cap system. Evergreen Farm, West Hoathly Road, East Grinstead, RH19 4NE.

Additional documents:

Minutes:

WSCC/004/20 – Restoration of the former Standen Landfill site with a woodland and pasture landfill cap system.  Evergreen Farm, West Hoathly Road, East Grinstead, RH19 4NE.

 

6.1     The Committee considered a report by the Head of Planning Services, including an additional condition as amended by the Agenda Update Sheet (copy appended to the signed copy of the minutes).  The report was introduced by Chris Bartlett, Principal Planner, who gave a presentation on the proposals, details of the consultation and key issues in respect of the application.  The Committee was asked to note a plan showing cross-sections A-A, B-B and C-C that was missed from the printed version of the agenda papers.

 

6.2     Zara Luxford, General Manger, Standen House (National Trust), spoke in objection to the application.  Standen House is dependent on its 150,000 visitors a year to make a profit and continue with its conservation work.  Having to negotiate heavy HGV traffic to access Standen House is likely to deter visitors.  The proposed window for HGV movements including return journeys would mean one HGV movement every 6 minutes, and more likely would mean HGVs moving in convoys at times.  Therefore, the Transport Assessment is incorrect and out of date.  62 HGV movements is a 60+ percentage increase in HGV movements along West Hoathly Road.  This should not be considered to be negligible nor would it be easily accommodated.  The narrow road would present major problems for HGVs and cars trying to pass an HGV travelling in the opposite direction, potentially causing congestion or accidents.  There are also concerns about the sandstone rock outcrops on the road around the entrance to Standen House.  The following mitigation measures were recommended: signage, traffic lights, speed limited, priority for visitors to Standen House, briefings to haulage contractors, marshals/banksmen, community liaison and a Construction Manager. 

 

6.3     The Committee noted a written statement in objection to the application from Mr Philip Wade, local resident.  The transport plan is strongly biased.  The proposed additional 62 HGV movements per day would be totally dangerous.  It would be an increase from 25 to 87 HGV movements per day.  The features and concerns of the proposed route from Imberhorne Lane to Evergreen Farm were described; these include the width restrictions at certain points, bends, bridges and road sections at risk of collapse or damage.  The route was not built to take the proposed frequency of heavy traffic, which would likely lead to further damage and need for repairs.  An alternative route from the Felbridge traffic lights, south on the A22 via Brooklands Way, Turners Hill Road and Saint Hill Road to Evergreen Farm was proposed.

 

6.4     The Committee noted a written statement in objection to the application from Mr Peter McNamee, local resident.  The proposal does not accord with Policy W13(c) of the West Sussex Waste Local Plan because it does not protect landscapes.  The Committee report has not explained the criterion for proving what an “overriding need for the development” is.  The need would be shown if the  ...  view the full minutes text for item 6.

7.

Date of Next Meeting

The next meeting of the Committee will be held at 10.30 am on Tuesday, 7 September 2021.

Additional documents:

Minutes:

7.1     The next scheduled meeting of the Planning and Rights of Way Committee will be on Tuesday, 7 September 2021 at 10.30 a.m.