Commercial office building at Land at West Barn Old Dairy Lane, Norton

The site and surroundings

The site is a former tennis court beside West Barn, between residential properties, holiday accommodation and open pasture, partly within a conservation area.

“To the east of the tennis court there is a Yew hedge along the southern and northern parts of the boundary which is around 1.5m in height. BOUNDARY TREATMENTThe eastern boundary is part 1m high post & rail but predominantly 1.8m high close boarded. There is also a hedge in part along this boundary. There is post & rail fencing and hedging/trees along the southern boundary. The northern boundary is mixed comprising of a hedge backed by a 1.8m high close boarded fence.”

“The site is not wholly in the Conservation Area but a circa 3.7m wide strip of land between the eastern side of the tennis court and the eastern boundary is within this designation. Around 0.3m of the building will sit in the Conservation Area. RELEVANT SITE HISTORY”

Officer report

Earlier applications

Earlier residential schemes were refused and dismissed on appeal, while the previous commercial proposal was refused for drainage, overlooking and LGV impacts.

“There have been subsequent applications for residential development on the tennis court with all three being refused and dismissed on appeal. The most recent appeal decision (AL/70/20/PL, dismissed in December 2021) was due to the unsustainable location for residential development and harm to the countryside.”

Officer report

What officers recommended

Officers recommended approval because the proposal made effective use of land, improved the existing site and provided economic benefits without associated harm.

“This report identifies that the proposal is in conflict with the development plan as a whole in respect of development in the countryside (per the policies of the ANDP). However, it would not be appropriate to refuse on the basis of inappropriate development in the countryside unless there is associated harm this report identifies no such harm.”

“There are relevant development plan policies, and they are not out of date as they are in accordance with the NPPF. The proposal makes effective use of land and secures improvement to the appearance of an existing place. It is recommended the application be approved subject to the following conditions: HUMAN RIGHTS ACT The Council in making a decision should be aware of and take into account any implications that may arise from the Human Rights Act 1998.”

Officer report

Advice from consultees

Highways, drainage, conservation, environmental health and ecology consultees raised no objections subject to conditions, while water consultees raised no objection or gave no response.

“WSCC COUNCIL DRAINAGE (as the LLFA) - raise no objection subject to conditions. State the applicant has accounted for the local flood risk issues and surface water drainage at this location.”

“ADC DRAINAGE - initially objected with reference to several aspects of the National Standards for Sustainable Drainage Systems including the runoff destination, interception drainage, extreme rainfall/flood risk, water quality, and construction/operation details. Following a response from the agent, Engineers advise there are still issues to resolve, notably the drainage design is not sufficiently robust or feasible.”

Officer report

What people said

The Parish Council and 54 objectors raised concerns about countryside development, heritage, traffic, drainage, flooding, noise, amenity and sustainability; six letters supported employment benefits.

“- Inappropriate development in the countryside and a departure from the development plan. - The site is not allocated for employment use. - The proposal conflicts with several Arun Local Plan and Aldingbourne Neighbourhood Plan policies. - Harm to the character of this area. - Overdevelopment of this quiet rural area. - Harm to the setting of the Conservation Area. - Harm to the setting of existing non-designated heritage assets.”

“- Old Dairy Lane is not suitable for HGV access. - This will make Norton Lane less safe for pedestrians, horses, and pet cats. - Cars having to pass parked HGVs on Norton Lane is dangerous. - Increased surface water runoff/flooding to adjacent land and property. - Concerns with the drainage proposals and submission content. - Existing land in Norton is subject to flooding (example given in January 2024).”

Officer report

Who spoke

Four public speakers addressed the committee: two objectors, the agent and the applicant.

What members discussed

Members discussed larger vehicle access, emergency access, the E(g) use and showroom activity, and environmental health conditions.

“The Chair invited debate. Members sought clarification regarding access arrangements for larger vehicles serving the site. In response, the Principal Planning Officer advised that whilst larger vehicles were generally unable to enter the site directly, deliveries of this nature were infrequent and existing arrangements already involved larger vehicles unloading from Norton Lane before goods were transferred to the site.”

“Members also sought clarification regarding comments from Environmental Health around conditions, and whether a response had been received from them. The Principal Planning Officer explained that Environmental Health had not submitted comments on the current application because the proposals were materially unchanged from a previous application on which comments had already been provided.”

Minutes

The committee vote

The officer recommendation was proposed and seconded before being put to the vote.

“The recommendation was proposed by Councillor Woodman and seconded by Councillor O’Neill.”

“A Member sought clarification regarding the proposed Class E(g) use and whether the building could operate as a showroom with high visitor numbers. The Principal Planning Officer advised that the proposed use would permit office, research…”

Minutes

The decision

The committee resolved to approve the application conditionally.

“That the application be APPROVED CONDITIONALLY.”

Minutes