Agenda item - BH2021/03525 - Land to the East of Coldean Lane, North of Varley Halls, South of A27 - Removal or Variation of Condition

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Agenda item

BH2021/03525 - Land to the East of Coldean Lane, North of Varley Halls, South of A27 - Removal or Variation of Condition


1.       The Planning Manager introduced the application to the committee.


Answers to Committee Member Questions


2.       Councillor Phillips was informed by the Arboriculturist that there has been significant tree loss on the site from Elm disease and Ash dieback. 40 Elms were removed last summer. It is likely that all Elms and Ash will be lost and replacing them is a priority. A robust maintenance scheme is imperative. Some substantial trees will need to grow for 5 to 10 years before the screening is returned.


3.       Councillor Hugh-Jones was informed that no Ash trees would be planted, the onsite Elms were not disease resistant, and the Sycamore trees were to be retained.


4.       Councillor Yates was informed by the case officer that there was a total of 19 trees to be removed. The applicant’s agent stated that 5 diseased trees were to be removed, 3 were to allow construction access, 4 were to allow drainage works, and 7 to be removed for ground works, giving a total of 19.


5.       Councillor Shanks was informed that the site entrance changes would allow a left turn into the site only and there was no central reservation. The Highway Agreements Officer noted that exiting the site downhill was considered to be acceptable. If vehicles wanted to turn right when exiting they would need to wait for a gap in traffic. The changes were intended to stop conflict on the highway.


6.       Councillor Yates was informed that there was no central reservation however there was a central pedestrian island. The councillor was informed that extending the island to prevent right turns out of the site could be looked into. It was noted that changes can be made later if the residents or Police make requests.


7.       Councillor Shanks was informed that there was no pavement on the development side of the highway.


8.       Councillor Theobald was informed that the Biodiversity statement had been submitted as part of a separate application which includes a method statement regarding badger setts on site.


9.       The County Ecologist noted that the Biodiversity method statement had been revised and approved. There was no report due on 13 February 2022. It was noted that badgers are mobile and use different setts at different times. The Planning Manager noted that the site management were looking at the site and this was ongoing, and they may be reporting on 13 Feb, which is part of their ongoing duties for the site and not a requirement of this application.


10.      Councillor Fishleigh was informed by the County Ecologist that there was one clan of badgers on the site and the main sett would be protected. 5 outlying setts will be closed, one has been proved to be inactive and 5 setts would be retained with buffer zones.


11.      Councillor Hugh-Jones was informed that condition 10 related to landscaping and this could be adapted to include screening on Coldean Lane. Councillor Hugh-Jones proposed this amendment to condition 10.


12.      Councillor Phillips was informed by the applicant’s agent that 14 trees would be removed because of construction works. It was noted that the construction plans were submitted after planning permission was granted and these plans highlighted the need to remove certain trees.


13.      Councillor Fishleigh was informed that if the committee refused the application the applicant could appeal the decision. The development would not be stopped.




14.      Councillor Yates stated they were understanding of local residents’ issues and noted that ecology matters were discussed when the original application came before the committee. The Elm and Ash would have been lost whether there was development or not. The councillor supported the application.


15.      Councillor Theobald considered that the residents needed reassuring that screening would be protected. The councillor asked that no more trees be removed and stated they were against the application.


16.      Councillor Hugh-Jones requested the reinstatement of the screening with the original density.


17.      Councillor Fishleigh stated that it was a shame the local councillors were not at the meeting as she would like to have heard their comments.


18.      Councillor Hugh-Jones, seconded by Councillor Yates, proposed that condition 10 relating to landscaping should be adapted to include screening on Coldean Lane.




19.      A vote was taken, and the adaption of condition 10 was agreed unanimously.




20.      A vote was taken, and by 4 to 3 the committee agreed to approve the        application. (The Chair employed a casting vote).


21.      RESOLVED: That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to APPROVE planning permission subject to the Conditions and Informatives as set out in the report.

Supporting documents:


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