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Planning Committee - Wednesday 18th December 2024 2.00 pm

December 18, 2024 View on council website  Watch video of meeting  Watch video of meeting
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Summary

This meeting of the Planning Committee will include discussion of a number of planning applications and proposed amendments to Section 106 agreements1. The committee is also scheduled to receive an update on recent appeals.

P/59/24/DOC - Land South of Summer Lane and West of Pagham Road, Pagham

This application concerns details reserved by a previous planning condition concerning the management and maintenance of land adjacent to Pagham Harbour SPA2 Enhancement land. It relates to outline planning permission P/140/16/OUT, which was for the construction of 146 dwellings with associated open space, landscaping, drainage, and highways works. The condition (Condition 30) required the developer to submit details on how the land will be managed and maintained in a way that will allow for an overwintering crop suitable for Brent Geese, that provides an equivalent foraging value for the Brent Geese to that lost by the development.

The report notes that 15 objections were received from members of the public. The report states that these did not introduce any new material planning considerations. The Sussex Ornithological Society stated:

The SOS...reiterates its view that the mitigation plan should be implemented before any building on the development site commences.

The officer summarises the responses received from Natural England and the Environment Agency. The Environment Agency has indicated the need for a Flood Risk Activity Permit for the scrapes proposed by the developer. The officer states that the developer must obtain any relevant permits from the Environment Agency. It is recommended that the committee delegate authority to the Group Head of Planning to discharge the condition.

BE/37/24/DOV NURSERY FIELDS, LAND TO THE NORTH OF CHALCRAFT LANE, WEST BERSTED PO21 5TS

This item concerns a proposed amendment to the Section 106 agreement for outline planning permission BE/148/20/OUT for the development of up to 225 residential units.

The developer is seeking an amendment to Schedule 2 (affordable housing), addition of Schedule 6 (first homes) as well as replacement of Schedule 5 (self-build housebuilding). The developer is seeking to change the affordable housing tenure mix in order to assist with the delivery of the scheme.

Developers nationally are facing significant challenges in disposing of Section 106 Affordable Housing with Housing Associations facing a perfect storm of mounting pressures from constrained financial capacity, higher costs of finance, rising build costs and commitments to remediate existing stock to meet building safety and decarbonisation targets.

The report pack notes that the development will provide 30% of its affordable housing units as First Homes.3 The First Homes scheme enables first time buyers to purchase homes at a 30% discount, and this discount is passed on to future purchasers. The scheme was introduced by the government in 2021. The report notes that the remaining 70% of the development's affordable housing will be provided as a mixture of affordable rent and other intermediate tenure units.

The applicant also seeks an amendment to Schedule 5 to:

simplify the self-build process and better align the marketing of the self-build units with the delivery of the relevant phase of development

It is recommended that the committee delegate authority to the Group Head of Planning to complete the Deed of Variation to amend the Section 106 Agreement.

BN/66/24/DOV LAND SOUTH OF BARNHAM STATION, BARNHAM

This item concerns a proposed amendment to the Section 106 agreement for outline planning permission BN/142/20/OUT for the development of up to 200 dwellings.

The developer is seeking to add an additional first homes tenure to Schedule 1 of the existing Section 106 agreement.

Given the challenges faced by developers in this regard, it is understandable why they are looking to overcome these issues and ensure that development can proceed even in the absence of agreement with a Housing Association for the disposal of Section 106 affordable housing.

The report recommends that the committee delegate authority to the Group Head of Planning to complete the Deed of Variation to amend the Section 106 Agreement.

BR/198/24/PL ASHBURY HOUSE CARE HOME, 124-128 ALDWICK ROAD, BOGNOR REGIS PO21 2PA

The developer of Ashbury House Care Home on Aldwick Road, Bognor Regis has applied for planning permission to erect a single storey rear extension and a two-storey side extension. The application site lies within the Arun District area outside of any conservation area or other designations.

No objections were received from members of the public, statutory consultees or internal consultees. It is recommended that the committee approve the application.

FP/145/24/PL LAND BETWEEN 49-51 SUMMERLEY LANE, FELPHAM PO22 7LP

This application concerns a proposal for the construction of a three-bedroom, two-storey detached dwelling and associated works at land between 49 and 51 Summerley Lane in Felpham. The report states that the site is located within the Arun District outside of any conservation area or other designations.

The report notes that the application was initially refused, but that the applicant appealed this decision, and that during the course of the appeal the applicant and the planning officer agreed conditions to permit the development. The report recommends that the committee approve the application.

BR/180/24/PL 10 CAVENDISH ROAD, BOGNOR REGIS PO21 2JW

The owners of 10 Cavendish Road in Bognor Regis have applied for planning permission for the construction of a single storey rear extension.

No objections were received from members of the public, statutory consultees or internal consultees. It is recommended that the committee approve the application.

Appeals

The report summarises the appeals determined in the second quarter of 2024/2025. In total there were 10 appeals determined. Of those:

  • 5 appeals were dismissed
  • 4 appeals were allowed
  • 1 appeal was withdrawn

  1. A Section 106 Agreement is a legally binding agreement between a local planning authority and a developer. They can be attached to planning permissions to mitigate the impact of new developments. Developers can contribute funding to local projects, or agree to build affordable housing, or any other obligation the local authority considers necessary. 

  2. A SPA is a Special Protection Area. These areas are designated under the European Union Birds Directive. The directive requires EU member states to safeguard the habitats of migratory birds and certain particularly threatened bird species. 

  3. First Homes are a type of affordable housing introduced by the government that are sold to first time buyers at a discount of at least 30% compared to the market price. The discount is passed on to future buyers when the home is sold, meaning that these homes will always be sold below market value.