Minutes of Planning Meeting held 12th August 2024 (Draft)

Minutes of the Extraordinary Council Meeting Fulking Parish Council held on Thursday 12th August 2024 at 8.00 pm held at Fulking Village Hall. 

Present 

Chairman:                                     Cllr Mark Hind
Fulking Parish Council (FPC):           Cllrs Tom Kardos and Linda Comber 

There were seven members of the public present who expressed their views on the application. 

The meeting opened at 8.00pm. 

24/050/PM.          Apologies for Absence. 

Apologies received from FPC Cllrs Karen Healy and Lucy Mehta, together with Cllr Joy Dennis (WSCC) and Geoff Ziedler (MSDC) 

24/051/PM.          Declaration of Members’ Interests. 

No interest declared. 

24/052/PM.          Planning matters – SDNP/24/02216/FUL 

Proposal: Single pitch settled gypsy accommodation site, including siting of mobile home and utility building Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

It was noted: 

Fulking Parish Council (FPC) held a public meeting in the village hall on 12th August to discuss this application.  

Three planning decisions regarding Small Acres are directly relevant to this application: 1) SDNPA Planning Committee decision dated 10th November 2022 – Ref: SDNP/22/04317/FUL 2) Planning Inspector Decision by H A Orr dated 9th April 2024 – Appeal Ref: APP/Y9507/C/22/3313813 3) SDNPA decision by M Hughes dated 18th July 2024 – Ref: SDNP/24/02233/LDP In view of these decisions FPC requests that this application is called in to be reviewed by the SDNPA Planning Committee.  

The Parish Council voted unanimously to object to this application. In summary FPC considers approval of this application will cause significant harm to the National Park and it should be rejected by the SDNPA whose primary purpose is to conserve and enhance the natural beauty of the national park. The following is more detail on why this application should be rejected:  

Intentional Unauthorised Development  

It is fact that the development commenced over the August 2022 Bank Holiday without planning permission. The process of laying hardstanding to establish the pitch was intentional in nature. The development has all been completed so this is a retrospective planning application.  

The Chief Planner issued by letter on 31st August 2015 a statement on the matter of intentional unauthorised development which whilst in part was specific to such development in the Green Belt also states generally: “The government is concerned about the harm that is caused where the development of land has been undertaken in advance of obtaining planning permission. In such cases, there is no opportunity to appropriately limit or mitigate the harm that has already taken place. Such cases can involve local planning authorities having to take expensive and time consuming enforcement action. For these reasons, this statement introduces a planning policy to make intentional unauthorised development a material consideration that would be weighed in the determination of planning applications and appeals. This policy applies to all new planning applications and appeals received from 31 August 2015.”  

It is therefore requested that SDNPA affords weight to this material consideration in the determination of this application particularly given that national parks have the highest status of protection for conserving and enhancing landscape and scenic beauty as confirmed in the National Planning and Policy Framework.  

Harm to Landscape Character and Appearance  

The recent decision of the Planning Inspector H A Orr on 9th April 2024 regarding two gypsy plots said: 

 Paragraph 30 “…. the appeal development now fills a previously undeveloped gap that helped to add a sense of transition, between the village and the more open countryside beyond. It therefore has the effect of extending the built development towards the cricket ground. This is particularly apparent from the various public paths and viewpoints including Devils Dyke, cumulatively making the sites more prominent in this highly sensitive landscape.”  

Paragraph 48 “… great weight is to be given to conserving and enhancing landscape and scenic beauty in national parks, which attracts the highest status of protection. I have also found that the appeal development in addition to the existing permitted sites, result in a cluster of sites, that fail to conserve or enhance the landscape and scenic beauty of the area, or to respect the scale and pattern of development of this small rural village, such that it dominates the nearest settled community. In combination I have attributed significant weight to this combined harm.”  

Paragraph 49 “Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the SDNP and the settled community.”  

The SDNPA decision by M Hughes on 18th July 2024 has permitted the storage of a 19.8m by 6.7m mobile home which is 80% larger than current mobile homes unlawfully sited at Small Acres. The dimensions of the two mobile homes currently on site are 12.1m by 6.1m, one of which is subject to this application. Due to the size of the mobile home agreed for storage at the site this decision will cause harm to the landscape and scenic beauty of the area as it will be easily visible from the public footpaths on the scarp slope and it will have the effect of extending the built development towards the cricket ground.  

The planning inspector concluded that the two gypsy mobile homes currently stationed on the land would cause significant harm to the character and appearance of the national park. The rationale being development in a previously underdeveloped area (para 30) and a cluster of sites (para 48)  

Approval of this application will also result in development in a previously undeveloped area and result in the built area extending towards the cricket ground. The mobile home is highly visible from the public footpaths on the scarp slope. Taken in conjunction with the recently approved storage of a 19.8m by 6.7m mobile home this will result in significantly more harm to the landscape character and appearance than the two gypsy plots subject to the Planning Inspector decision and should therefore be refused.  

Dominance to the Settlement  

The Planning Inspector in their decision on 9th April 2024 said;  

Paragraph 39 “…in my judgement these additional pitches in such close proximity to those already permitted, result in a cluster of caravan sites, that fail to respect the scale and pattern of development of this small rural village, such that to a limited degree, it dominates the nearest settled community. The development is thus in conflict with Policy SD33 of the LP that seeks to ensure that sites do not result in being over concentrated in any one location or disproportionate to nearby communities.”  

Previous planning inspector’s decisions on adjacent gypsy sites have concluded that a smaller number of gypsy plots would dominate the village:  

S Hand 22nd February 2016 – APP/Y9507/C/15/3062034 para 21 page 7 “In my view three gypsy plots comes close to but does not dominate the settled community, and that argument becomes stronger with further applications”.  

G Chamberlain 8th February 2021 – APP/Y9507/W/19/3225109 Para 21. “In conclusion, the proposal when considered cumulatively would, in a physical sense, result in a disproportionate over concentration of pitches in one location.”  

Approval of this application will result in 7 Gypsy plots in close proximity together with the already approved 19.8m x 6.7m mobile home. There are 47 dwellings on Clappers Lane – therefore, the existing six gypsy pitches account for just less than 13% of dwellings. An increase to 7, will result in 15% of dwellings on Clappers Lane being gypsy pitches and if the agreed mobile home for storage was included that would be 17% of all dwellings, all in close proximity to one another. It is the view of Fulking Parish Council that this will result in an over-concentration and dominance to our small village and the settled community – thereby contrary to the applicable criteria in Policy SD33 of the Local Plan and the application should be refused.  

Great Crested Newts and Biodiversity  

The consultee comments from the District Licensing Officer (Great Crested Newts) confirm that this development has occurred within the “red Impact Risk Zone”. Great Crested Newts have been observed on the property adjacent to Small Acre during recent flooding events. Unfortunately, as the development has already occurred and this is a retrospective application it is likely that harm has already been caused. As the primary purpose of a National Park Authority is to conserve and enhance wildlife FPC requests that SDNPA arrange for a suitably qualified and experienced ecologist to undertake a site visit and to assess whether a breach of the Conservation of Habitat and Species Regulations 2017 and the Wildlife and Countryside Act 1981 has occurred. As the application was validated after 2nd April 2024 the mandatory 10% biodiversity net gain will apply. As this is a retrospective application FPC requests that the SDNPA make it clear that the baseline for the 10% biodiversity gain should be the site before the additional hardstanding was installed in August 2022. 

 Dark Skies  

Although the application states that no external lighting is proposed the applicant has recently installed a high intensity lighting system in breach of the South Downs Technical Advice note on Dark Skies.  

FPC requests an early visit by SDNPA to assess the impact of this lighting arrangement.  

Drainage and Impact of Listed Building  

The change from Small Acre as a pasture to having an area of approximately 950sqm of hardstanding has resulted in an unprecedented number of flooding events at Cabbage Patch the Grade II listed building property which is adjacent to Small Acres. As a result of the surface change and the resulting floods the residents have had to incorporate a pumping out solution to their garden to safeguard the house and its contents. The necessary piping/hoses lie across the garden, which is unsightly paraphernalia particularly in the setting of a listed building but now essential. Without any opportunity to assess the impact of the change in the ground surface in advance of the works being undertaken, there has been no opportunity to mitigate the harm that has resulted. It is essential that the hardstanding area shown on the proposed site plan and agreed with SDNPA is removed to reduce the risk of further flooding.  

Assessment of needs  

The Mid Sussex District Council GTAA April 2022 is the most up-to-date assessment of need and shows no current unmet need for the Mid Sussex Area of the SDNP which includes Fulking. In any case if a local planning authority cannot demonstrate an up-to-date 5 year supply of deliverable sites, the Planning policy for traveller sites December 2023 provides specific exceptions for a National Park.  

FPC is of the view that nothing has been presented in this application which would result in a Planning Inspector making a different decision to that taken in April i.e. “Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the SDNP and the settled community.” As such the SDNPA should reject this application. 

 

 

Minutes of Ordinary Meeting held 11th July 2024 (draft)

Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 11th July 2024 at 7.30pm at Fulking Village Hall.  

Present 

Chair: Cllr Mark Hind 

Fulking Parish Council (FPC) Cllr Linda Comber, Cllr Lucy Metha & Cllr Karen Healy 

There were two members of the public present. 

The meeting started at 7.30pm. 

24/039/OM.            Apologies for Absence. 

Apologies were received from Joy Dennis (WSCC), Geoff Zeidler (MSDC) and Tom Kardos (FPC) 

24/040/OM.            Declaration of Members’ Interests. 

No interests declared. 

24/041/OM.            Approve the Minutes of Ordinary Council Meeting of 11th April 2024 and Extraordinary Meeting held 15th May 2024. 

Approval of Ordinary Meeting minutes proposed by Cllr Comber, seconded by Cllr Mehta, unanimously approved. 

Approval of Extraordinary Meeting minutes proposed by Cllr Mehta, seconded Cllr Comber, unanimously approved. 

24/042/OM.            Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.  

Village Signs – Cllr Comber advised the meeting that one sign had been repainted and erected. One sign, work was in progress, and the final sign is being removed by P W Beard and delivered to James Lighfoot for repainting. 

TRO Poynings Road – The Clerk advised the meeting that there was agreement in principle for the TRO for West Sussex County Council and that a three-week public consultation was on the way before final agreement is confirmed.  

Volunteering – Duke of Edinburgh participants had recently undertaken rubbish clearance in the village as part of the Award Scheme. Cllr Healy has agreed to contact DOE Scheme to offer similar volunteering exercises in the village.  

North Town Field – Residents has raised the issue of long grass in NTF and the Clerk has been asked to clarify with Mark Stephens, how often the grass is cut. 

24/043/OM.            Reports from District and County Councillors.  

By separate email Cllr Zeidler (MSDC) reports: 

No policy activities are being considered until after the election, but continuing work has recently included updates to members on Claire Hall and Burgess Hill centre; and the expansion of on-street electrical charging points. The next District Council meeting is 24th July. 

Officers have confirmed that the District Plan preparation continues on schedule, although awaiting for an Inspector to be allocated. MSDC have appointed a new AD Planning & Sustainable Environment. 

At the District Planning Cttee the application at Naldrett’s farm was approved by 6 votes to 4 despite a motion to refuse; and the first Battery Storage application around Bolney sub-station was also approved by 5 votes with 3 abstentions. I have written to the Chair of the Committee to ask clarification as to why my request for the condition of an obligation around safety upgrades was not discussed. 

Following examples of cases where Planning conditions and enforcement are not effective at protecting residents I am currently investigating a proposal to ensure limits on the impacts of a development outside the immediate footprint are clearly established; met and enforced for consideration once I understand the appropriate forum. I will keep you informed. 

Southern Water made a presentation on progress and plans for £1m investment in remedial works for Sayers Common sewage which will result in roadworks between 28th July and the end of October. These should assist the foul water issues; but surface water management and gullies need to be managed in parallel by WSCC Highways. The residents are being co-ordinated in relation to ditch clearance by Steve White. 

There has been a request for cameras to be put on the A2300 to reduce the incidence of “racing”. 

I had confirmation that the Parks Strategy Action Plan was effectively adopted and progressing as planned with the “Tier 4” review underway and expected to report in the autumn. Officers believe that there is limited risk that s106 funding will become time-expired. 

Further to the challenge of identifying funds to support Parishes and Community projects I met with MSVA and a note is attached separately. I would highlight that MSVA are arranging a “meet the funders” event at Haywards Heath Town Hall between 10-12 am on 4th July which I would encourage Parishes to attend. They have also identified a round of funding support for village halls – News: Grants of up to £75,000 return for village halls which can be used to cover up to 20% of capital costs associated with renovation and improvement projects. – ACRE. 

I have now been certified as Carbon Literate (!) and am awaiting clarification as to how MSDC will support my pledge relating to Carbon Footprint calculators for households. 

24/044/OM.          RoSPA Playground Inspection 

Councillors review the RoSPA annual inspection report on the Playground. 

ACTION: Clerk to contact RoSPA for clarification that the monkey rings remained safe to play on as the report seems to include the former stepping logs frame in the monkey rings appraisal. 

24/045/OM.            Parish Plan 

The first draft of the Parish Plan questionnaire has been emailed to the Council by Laura Heales of Action for Rural Sussex. Councillors agreed that some modification was still required and a meeting to review the survey in draft form will be convened after the summer holidays. 

24/046/OM.            Village Hall 

Cllr Hind informed the meeting that the Rev Tim Harford had contacted him in regard to the proposed sale of Fulking Village Hall. This sale had been on hold for around 12 months. Cllr Hind advised that if £100,000 could be raised to include the purchase price, survey, legal costs and incidentals. On the advice of Action in Rural Sussex, a Charitable Incorporated Organisation (CIO) had been created to take ownership of the Hall. Councillors discussed the topic in detail including concerns that the Hall will need to generate sufficient income to cover the costs including insurance, electricity and maintenance. A meeting of the trustees had been arranged for Saturday 13th July 2024 and Cllr Hind would report further at the next meeting. 

24/047/OM.             Information Items.  To receive information and items for the agenda at future meetings. 

None received. 

24/048/OM.              Financial Matters.  Adoption of Financial Regulations 2024 

Councillors reviewed the Financial Regulations 2024 received previously by email from the Clerk and unanimously agreed to adopt them. 

24/049/OM.              Financial Matters. To receive the report on the Council’s income and to ratify  expenditure from 11th April 2024 to 11th July 2024 being: 

Sigma Payroll                             £28.45 

Electricity                                 £165.21 

Village Signs                             £500.00 

Parish Online                           £   30.00 

West Sussex ALC                     £100.83 

ICO                                          £  35.00 

Web Hosting                             £  71.00 

Clerk Salary                            £1,549.86 

Clear – Insurance Premium   £419.72 

Village Sign Posts                     £996.00 

RosPA Playground Report       £117.60 

Councillors reviewed the income and expenditure for the period and unanimously agreed to ratify all the payments made. 

24/050/OM.               To set a date for the next Ordinary Meeting for 17th October 2024. 

 

Bobservation No. 120: Bluffing

Call my Bluff
I understand that the Social Committee will be having a ‘Call my Bluff’ wine evening in November. Having been involved over quite a long time in previous evenings I am delighted that this very social fund-raising event is still going strong. The first time we ever had one was twenty odd years ago and it was hosted by the Wine Rack staff from Henfield. Indeed I still bump in to Jackie who was part of the team that evening in the village hall. Since then we have learnt to put together the requisite pieces to operate with a minimum of outside help. If you enjoy wine and are looking for an amusing evening this is for you and your friends. Details should be circulated shortly.

Village Hall
Doesn’t it seem a long time since we heard anything from the Parish Council about progress, or lack of it, on the potential purchase of the village hall from the Church? Even by the pace at which the Church of England moves surely something must be happening. Parish Council please bring villagers up to date.

Minutes of Annual Meeting 18th May 2024 (Draft)

Minutes of the annual Meeting of the Council and Annual Parish Meeting of the Council held Thursday 18th May 2023 at 7.30 pm at Fulking Village Hall. 

Present 

Chairman:                                       Cllr Tom Kardos
Fulking Parish Council (FPC):       Cllrs Karen Healy, Linda Comber and Lucy Mehta 

Parish Clerk:                                    Trevor Parsons 

There were seven members of the public present who were offered an opportunity to speak.  

The meeting opened at 7.37pm. 

Agenda: Annual Meeting of Council 

24/025/AMC Chairman’s Welcome followed by Election of Chairman & Vice Chairman 

The Chairman welcomed everyone to the meeting. 

Cllr Healy proposed that Cllr Mark Hind be elected as Chairman for a further 12 months, seconded by Cllr Mehta. Councillors unanimously in favour. 

There was no election for a vice chairman. 

Meeting closed at 7.50pm 

Agenda: Annual Parish Meeting 

24/026/APM Apologies for Absence 

Apologies received from Cllr Hind (FPC) who is on holiday, Cllr Zeidler (MSDC) who as attending MSDC business and Cllr Dennis (WSCC) who was attending WSCC business.  

24/027/APM Approval of previous years’ minutes Annual Parish Meeting 18th May 2023 

The minutes of the 18th May 2023 Annual Parish Meeting were proposed by Cllr Healy, seconded by Cllr Mehta and unanimously accepted as a true record of the meeting. The Chairman signed the minutes accordingly. 

24/028/APM   Chairman’s report 

This is a summary of some of the achievements this year: 

Full Fibre Broadband Scheme 

The Council worked with Poynings Parish Council on a joint scheme to make superfast broadband available to the village. Most properties can now have access subject to payment of the appropriate tariff. 

Playground 

Repairs were undertaken to the playground including some welding on the slide, new swings seats and replacement and removal of some of the wooden equipment. Unfortunately, these repairs show that increasing amounts of maintenance are required to keep the playground safe. 

Speed limits 

In response to resident complaints, the Council have been investigating for some time what it could do to help reduce the inappropriate speed of some traffic travelling along Clappers Lane and Edburton Road. 

A new speed limit of 30 mph was agreed by West Sussex County Council (WSCC) for Clappers Lane and new signage installed. The Parish Council took the view that going for the lowest limit of 30 mph which could be approved by WSCC was better than leaving the lane derestricted. 

A joint application with Poynings and Upper Beeding Parish Council’s has been made to WSCC to reduce the derestricted sections of Poynings and Edburton Road’s to 40 mph. The Parish Councils felt a 40 mph limit in place of 60 mph was a reasonable request and are hopeful that this request will be approved by WSCC. 

Planning 

All planning applications for our village are decided by the South Downs National Park Authority (SDNPA). The Parish Council however is a consultee on any planning applications received and has commented on four applications during the past year. An Appeal Hearing regarding an Enforcement Notice issued to Small Acres by the SDNPA was held by the Planning Inspector at the SDNPA head office in Midhurst in February. The Parish Council was represented at the hearing and subsequently the Planning Inspector upheld the enforcement notice. 

Village Signs 

The three village signs have been gradually deteriorating over the last few years and two of them were blown down in the winter storms. The Council has arranged for the signs to be refurbished by local resident James Lightfoot and they will be reinstalled over the next few weeks 

Parish Priorities Statement 

The Council has decided to proceed with producing a Parish Plan as encouraged by the South Downs National Park Parish Priorities Statement initiative. It is essential for us to gather the views of residents so we are currently preparing a questionnaire which will be circulated to all as part of our consultation process. We expect to circulate this in the next few weeks and further details will be shared once it has been finalised. 

24/029/APM    Guest Speaker – Kayla Ente MBE  –  Brighton & Hove Energy Services Co-operative (BHESCO) 

BHESCO is a not-for-profit social enterprise dedicated to accelerate the transition from fossil fuels to affordable renewable energy. Kayla addressed the meeting offering assistance to apply for grants to fund a survey of housing in Fulking to establish viable renewable energy options available to the village. This would include wind, solar, ground and air sourced power generation. Parishioners and Councillors asked challenging questions and answers were provided. The Chairman thanked Kayla for her presentation which was most enlightening. 

24/030/APM    Reports from District & County Councillors 

As neither MSDC or WSCC Councillor was present no reports were submitted. 

24/031/APM.   To consider and agree the Internal Audit Report Letter dated 20/04/2024. 

The Internal Auditor Report was reviewed by Councillors. Acceptance proposed by Cllr Mehta, seconded by Cllr Comber and approved unanimously. 

24/032/APM.   To consider and agree the Annual Governance and Accountability Return (AGAR) for the year ending 31 March 2024 ensuring it accurately presents the financial management of the Council as required by the Accounts and Audit Regulations 2015. 

The Annual Governance and Accountability Return (AGAR) for the year ending 31 March 2024 was reviewed by Councillors. Acceptance proposed by Cllr Comber, seconded by Cllr Mehta and unanimously approved as a true record of the accounts. 

24/033/PM    Planning Application – SDNP/24/01765/LIS. 

Proposal: Extension and remodelling of the existing dwelling including the incorporation of renewable energy sources and a wildflower roof in addition to the rationalisation of existing outbuildings. Location: Furzefield , Clappers Lane, Fulking, West Sussex, BN5 9NJ 

The application was discussed by Councillors. 

It was noted: 

Represents a significant redevelopment, a green roof will require a lot of maintenance, short term building traffic along Clappers Lane.  

Councillors raised no objection to the application and recommended a condition that the roof is maintained as a green roof and not for recreation. 

24/034/PM   Planning Application – SDNP/24/01563/HOUS 

Proposal: Retrospective application for amendments to previous approval, to resite the driveway and garage Location: The Dales , Poynings Road, Fulking, West Sussex, BN5 9NB 

Councillors discussed the application and all agreed a neutral stance 

The meeting closed at 8:58pm 

Date of next Ordinary Meeting Thursday 11th July 2024. 

 

Minutes of Ordinary Meeting Held 11th April 2024 (draft)

Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 11th April 2024 at 7.30pm at Fulking Village Hall.  

Present 

Chair: Cllr Karen Healy 

Fulking Parish Council (FPC) Cllr Linda Comber, Cllr Lucy Metha & Cllr Tom Kardos 

Mid Sussex District Council (MSDC) Cllr Geoff Zeidler 

There was one member of the public present. 

The meeting started at 7.38pm. 

24/014/OM.         Apologies for Absence. 

Apologies were received from Cllr Hind who was away on holiday. 

24/015/OM.         Declaration of Members’ Interests. 

No Interests declared. 

24/016/OM.         Approve the Minutes of Ordinary Council Meeting of 11th January 2024 

The minutes, subject to any amendments, to be approved and signed as a true record of the meeting. 

The minutes of the Ordinary Meeting were approved unanimously by Councillors and duly signed by the Chair. 

24/017/OM.         Reports from District and County Councillors.   

Cllr Zeidler (MSDC) reported: 

  • Discontent amongst some Councilors with the new Sunday and late parking charges to be introduced in Mid Sussex. In addition, increases to usual parking charges were also approved.   
  • Concern over potential changes to General & Business Rates could result in Mid Sussex receiving less income due to the likely changes. 
  • MSDC are looking closer at carbon reduction and how district, town and parish councils can reduce their footprint. Various apps are now available to measure one’s own footprint. 

24/018/OM.         Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.  

TRO Poynings Road / Edburton Road – The Clerk reported that WSCC have acknowledged the application, Sussex Police have indicated no objection and the necessary forms are now with the TRO Team at WSCC. 

WSCC drain unblocking – WSCC acknowledged the online requested and have confirmed the drain has been unblocked. 

Small Acres – The Planning Inspectorate upheld the SDNPA enforcement notice with corrections and variations and refuse to grant planning permission on the application deemed to have been made under section 177(5) of the 1990 Act as amended. 

Village signs – Cllr Comber showed the meeting a photograph of the first village sign which has been repaired by local artist, James Lightfoot. Councillors were delighted with the results and unanimously agreed to commission Mr Lightfoot to repair the other two village signs. The £500 invoice has been present and will be paid for the work done.  

24/019/OM.     Parish Plan 

Progress is being made with the ongoing project, assisted by Action in rural Sussex (AirS)  to create a Community Survey which will help structure the next Fulking Parish Plan. 

Action: Cllrs Comber and Metha have agreed to combine their ideas into a questionnaire format to be submitted to AirS for their consideration.  

24/020/OM.        Reports from Outside Bodies. 

None received 

24/021/OM.       Information Items.  To receive information and items for the agenda at future meetings. 

None received 

24/022/OM.       Correspondence.  To discuss correspondence and respond to correspondence received. 

None received  

24/023/OM.        Financial Matters. To receive the report on the Council’s income and to approve future expenditure. 

The following amounts have been paid from 11th January 2024 to 11th April 2024  

Sigma Payroll                          £28.45 

Dylan Group (Swings)          £150.18 

Streetlight Repairs               £115.50 

Electricity                               £157.41 

Dog Bin Clearance                £876.10 

Rural Sussex Membership   £144.00 

SLCC                                         £144.00 

Microsoft Office                    £493.92 

Clerk Salary                         £1,838.37 

Village Hall Hire                  £     90.00 

Streetlight Repairs             £   117.30 

The Clerk reported to Councillors that the current account balance in Barclays Bank was £1,849.49 with £16,000 held in the deposit account. 

Date of the Annual Meeting is Wednesday 15th May 2024.  

Next Ordinary Meeting scheduled for Thursday 11th July 2024.   

Minutes Extraordinary Meeting held 25th June 2024 (Draft)

Minutes of the Extraordinary Council Meeting Fulking Parish Council held Tuesday 25th June 2024 at 7.00 pm held at Fulking Village Hall. 

Present 

Chairman:                          Cllr Mark Hind
Fulking Parish Council (FPC):Cllrs Karen Healy, Lucy Mehta, Tom Kardos & Linda Comber
Parish Clerk                      Trevor Parsons 

There were four members of the public present who expressed their views on the application. 

The meeting opened at 7.30pm. 

24/035/PM.            Apologies for Absence. 

Apologies were received from Joy Dennis (WSCC) and Geoff Zeidler (MSDC). 

24/036/PM.            Declaration of Members’ Interests. 

No Interests declared 

24/037/PM.            Planning Application – SDNP/24/02216/FUL – Small Acres 

        Proposal: Single pitch settled gypsy accommodation site, including siting of mobile home and utility building  

Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

This application was withdrawn by the application prior to 25th June 2024 and no response required. 

24/038/PM.           Planning Application – SDNP/24/02233/LDP – Small Acres 

Proposal: Lawful storage of touring caravan  

Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

Fulking Parish Council (FPC) was made aware at the planning meeting held in Fulking Village Hall on 25th June that some residents fear possible reprisals so this has stopped many residents objecting to this application.  

It is noted that: 

  1. The application seeks approval to replace a dilapidated “small touring caravan now disused” (with wheels and towbar) currently sited in the far south east corner of the plot with a 3 bedroom, 2 bathroom mobile home (65 x 22 feet) supplied by “Eco MobileHomes” to be sited anywhere on the site. The drawings supplied with the application show a structural raft siting arrangement and the suppliers website confirms the need for foundations for this particular type of mobile home.
  2. The recent decision of the Planning Inspector H A Orr on 9th April 2024 upheld the enforcement notice issued and required the use of land for settled gypsy accommodation to cease. This decision highlighted: 

Paragraph 30 “…. the appeal development now fills a previously undeveloped gap that helped to add a sense of transition, between the village and the more open countryside beyond. It therefore has the effect of extending the built development towards the cricket ground. This is particularly apparent from the various public paths and viewpoints including Devils Dyke, cumulatively making the sites more prominent in this highly sensitive landscape.” 

Paragraph 48 “… great weight is to be given to conserving and enhancing landscape and scenic beauty in national parks, which attracts the highest status of protection. I have also found that the appeal development in addition to the existing permitted sites, result in a cluster of sites, that fail to conserve or enhance the landscape and scenic beauty of the area, or to respect the scale and pattern of development of this small rural village, such that it dominates the nearest settled community. In combination I have attributed significant weight to this combined harm.” 

Paragraph 49 “Overall, in my judgement, the combination of factors in favour of the development are not sufficient to clearly outweigh the significant harm I have identified to the character and appearance of the SDNP and the settled community.” 

3. FPC is concerned that: 

     (a) The existence of the small touring caravan on the site is not a lawful use of the   land. 

     (b) The application seeks replacement of a small touring caravan with a significantly larger mobile home which requires raft foundations which would require hardstanding. 

     (c) The applicants claim that it “could be located anywhere within the site” despite there not being sufficient lawful hardstanding available. 

    (d) The requirement for foundations, rather than resting on wheels, and for a replacement of this magnitude “located anywhere within the site” will cause significant harm to the character and appearance of the SDNP and directly conflict with the primary purpose of the South Downs National Park Authority and the decision of the Planning Inspector. 

4. The relevant factual and legal position in relation to paragraph (a) above can be summarised as follows: 

It has been suggested by the applicant that the Planning Inspector has acknowledged the existence of the touring caravan on the site as being “lawful”. This is incorrect. The logical interpretation of the Planning Inspector’s revised appeal decision is simply to clarify that the existing touring caravan is not part of the decision relating to the enforcement notice (which specifically addresses the unlawful development of the site by the applicant). It cannot legally be the position that the Planning Inspector has acknowledged that the siting of the existing touring caravan is lawful for the following reasons: 

A touring caravan was situated on the site until 2003 when it was removed in response to an enforcement notice. In 2004, the same or a similar touring caravan was replaced on the same site in breach of the enforcement notice. The enforcement notice remains effective in perpetuity. Any siting of a caravan on this site after this earlier enforcement notice could not be lawful and could not count as time towards the satisfaction of the 4-year rule (or 10-year rule) under the Town & Country Planning Act 1990 since, after this earlier enforcement notice (which was then and remains a matter of public record and would have been known to the solicitors acting for the current owners when they acquired the land in 2022), anyone occupying the site had knowledge of the fact that to locate a caravan on the site is unlawful. 

No certificate of lawfulness in respect of the touring caravan has been granted. 

The permitted use of the land in question is agricultural. The placing of the touring caravan within that land was not and is not incidental to the agricultural use of the land, indeed absolutely no evidence has been presented that the caravan has been used at all during the period 2004-2024. The placing of the caravan on the site is therefore unlawful.   

No planning permission has been granted to permit any change of use from agricultural use.  

The application for a certificate of lawfulness for the replacement of the touring caravan with a larger mobile home should therefore not be allowed as the existing touring caravan is itself not a lawful development. 

5. If the SDNPA does not accept that the existence of the touring caravan is unlawful, the following considerations should be made: 

Although the application states that the requirement is for storage, rather than residential occupation, the size and configuration of the proposal which includes two bathrooms, three bedrooms and a kitchen suggests otherwise. The plans are labelled “home plans” rather than storage. FPC is concerned about the possibility of unlawful residential occupation and how this could be monitored. 

The “home plans” include raft foundations suggesting that it could only be sited on the existing lawful hardstanding (without more unlawful foundations/hardstanding being installed) which in turn conflicts with the proposed, but now withdrawn, application (SDNP/24/02216/FUL) for one gypsy plot.  

In any event there is no space available within the current hard standing to site a replacement of the dilapidated “touring” caravan of the size now proposed. Therefore, until the existing unlawful mobile homes are removed the application to consider a re-siting of the dilapidated “touring” caravan should be considered as there is in fact nowhere legally available to site it. Further clarification re the siting of the replacement “touring caravan” is therefore required.  

If a further new application is made following the withdrawn application (SDNP/24/02216/FUL), the new siting of the touring caravan and the new application should in fact be considered together i.e. in light of the limited lawful hard standing available. The two applications directly conflict with each other and thus both cannot be legally possible. It is further noted that the proposed “replacement” storage caravan is even greater in size than the current unlawful mobile homes currently in situ, that are the subject of enforcement. It is therefore concluded that there is no intention to remove the existing substantial illegal hard standing as per the Appeal/enforcement requirements as there is simply not enough space to legally house the proposed new “storage” caravan. 

FPC therefore requests that should the SDNPA accept the “replacement” of the dilapidated touring caravan that the following conditions be included: 

1) Any replacement “storage” caravan be on a “like for like” basis i.e. (i) a touring caravan which does not exceed the dimensions of the existing touring caravan and as such must be able to be towed (i.e. with wheels and towing hitch) rather than a mobile “home” which is transported on the back of another vehicle and is considered to be “residential” in nature and (ii) is only to be stored on the land and not otherwise used. 

2) Be located in the same position as the touring caravan marked on the Planning Inspector’s decision dated 9th April 2024 and in particular cannot include any structure that requires hard standing and/or raft foundations. 

3) Any replacement that requires foundations/raft/hard standing is not considered to 

be necessary or appropriate as it would clearly cause yet further harm to the National Park. Foundations and yet more hard standing do not fall under Permitted Development. We therefore request that for avoidance of doubt that any Permitted Development Rights to be removed as a condition. 

4) Before the matter can be considered fully it would appear prudent to request scaled drawings with full dimensions of the existing lawful hardstanding. It would appear there is insufficient space to replace the dilapidated touring caravan based on the dimensions and foundations of its replacement shown in the submitted plans until such time as the existing mobile homes and associated paraphernalia are removed.  

Date of Next Meeting: Thursday 11th July 2024 

 

 

Fulking Parish Council Meeting Agenda Thursday 11th July 2024

You are cordially invited to the Ordinary Meeting of Fulking Parish Council on Thursday 11th July 2024 at 7.30pm, to be held at the Village Hall. The meeting will consider the items set out below. 

Trevor Parsons – Parish Clerk  

AGENDA 

Public Participation: There will be a period of 15 minutes set aside at the beginning of the meeting for the public to ask questions or make comments on items on the Agenda. Comments on items not appearing on the agenda can be made at the chairman’s discretion.  

24/039/OM.            Apologies for Absence. 

24/040/OM.            Declaration of Members’ Interests. 

24/041/OM.            Approve the Minutes of Ordinary Council Meeting of 11th April 2024. 

24/042/OM.            Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.  

Village Signs 

TRO Poynings Road 

24/043/OM.            Reports from District and County Councillors.  

24/044/OM.          RoSPA Playground Inspection 

24/045/OM.            Parish Plan 

24/046/OM.          Village Hall 

24/047/OM.             Information Items.  To receive information and items for the agenda at future meetings. 

24/048/OM.              Financial Matters.  Adoption of Financial Regulations 2024 

24/049/OM.              Financial Matters. To receive the report on the Council’s income and to ratify expenditure from 11th April 2024 to 11th July 2024 being: 

Sigma Payroll £     28.45 

NPower – Streelights £   165.21 

Village signs £   500.00 

Parish Online £     30.00 

West Sussex ALC £   100.83 

ICO £     35.00 

Web Hosting £     71.99 

Clerk’s Quarterly Salary £1,549.86 

Clear – Insurance Premium £   419.72 

Village Sign Posts £   996.00 

RoSPA – Playground £  117.60 

24/050/OM.               To set a date for the next Ordinary Meeting in 17th October 2023. 

Planning Meeting – Tuesday 25th June 2024

You are cordially invited to the Extraordinary Meeting of Fulking Parish Council on Tuesday 25th June 2024 at 7.30pm, to be held at the Village Hall. The meeting will consider the items set out below. 

Cllr Mark Hind – Chairman  

Following the Local Audit and Accountability Act 2014, and regarding regulations on Access to Local Government Meetings, members of the public are advised that they have a right to film/record the meetings of Fulking Parish Council. Members of the public are also advised that by attending a meeting of Fulking Parish Council, they give their consent to being filmed/recorded by other members of the public, if such activity is taking place 

AGENDA 

Public Participation: There will be a period of 15 minutes set aside at the beginning of the meeting for the public to ask questions or make comments on items on the Agenda. Comments on items not appearing on the agenda can be made at the chairman’s discretion.  

24/035/PM.            Apologies for Absence. 

24/036/PM.            Declaration of Members’ Interests. 

24/037/PM.            Planning Application – SDNP/24/02216/FUL – Small Acres 

        Proposal: Single pitch settled gypsy accommodation site, including siting of mobile home and utility building  

Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

24/038/PM.           Planning Application – SDNP/24/02233/LDP – Small Acres 

Proposal: Lawful storage of touring caravan  

Location: Small Acres, Clappers Lane, Fulking, West Sussex, BN6 9NH  

Grid Ref: Eastings: 525066, Northings: 111695 

Date of next meeting – Thursday 11th July 2024 

 

        

Agenda Annual Parish Meeting

ANNUAL MEETING OF COUNCIL & ANNUAL PARISH MEETING 

WEDNESDAY 15TH May 2024 at 7.30pm at Fulking Village Hall. 

 Public Participation: There will be a period of 15 minutes set aside at the beginning of the meeting for the public to ask questions or make comments on items on the Agenda. Comments on items not appearing on the agenda can be made at the chairman’s discretion.  

Agenda: Annual Meeting of Council 

24/025/AMC Chairman’s Welcome followed by Election of Chairman & Vice Chairman 

Agenda: Annual Parish Meeting 

24/026/APM Apologies for Absence 

24/027/APM Approval of previous years’ minutes Annual Parish Meeting 18th May 2023 

24/028/APM   Chairman’s report 

24/029/APM Guest Speaker – Kayla Ente MBE – BHESCO 

24/030/APM    Reports from District & County Councillors 

24/031/APM.   To consider and agree the Internal Audit Report Letter dated 20/04/2024. 

24/032/APM.   To consider and agree the Annual Governance and Accountability Return (AGAR) for the year ending 31 March 2024 ensuring it accurately presents the financial management of the Council as required by the Accounts and Audit Regulations 2015. 

24/033/PM Planning Application – SDNP/24/01765/LIS. 

Proposal: Extension and remodelling of the existing dwelling including the incorporation of renewable energy sources and a wildflower roof in addition to the rationalisation of existing outbuildings. Location: Furzefield , Clappers Lane, Fulking, West Sussex, BN5 9NJ 

24/034/PM Planning Application – SDNP/24/01563/HOUS 

Proposal: Retrospective application for amendments to previous approval, to resite the driveway and garage Location: The Dales , Poynings Road, Fulking, West Sussex, BN5 9NB 

Date of next Ordinary Meeting Thursday 11th July 2024. 

Minutes of Ordinary Meeting held 11th April 2024 (draft)

Minutes of the Ordinary Council Meeting of Fulking Parish Council held Thursday 11th April 2024 at 7.30pm at Fulking Village Hall.  

Present 

Chair:                                           Cllr Karen Healy 

Fulking Parish Council (FPC)     Cllr Linda Comber, Cllr Lucy Metha & Cllr Tom Kardos 

Mid Sussex District Council (MSDC) Cllr Geoff Zeidler 

FPC Clerk                                          Trevor Parsons

There was one member of the public present. 

The meeting started at 7.38pm. 

24/014/OM.         Apologies for Absence. 

Apologies were received from Cllr Hind who was away on holiday. 

24/015/OM.         Declaration of Members’ Interests. 

No Interests declared. 

24/016/OM.         Approve the Minutes of Ordinary Council Meeting of 11th January 2024 

The minutes, subject to any amendments, to be approved and signed as a true record of the meeting. 

The minutes of the Ordinary Meeting were approved unanimously by Councillors and duly signed by the Chair. 

24/017/OM.         Reports from District and County Councillors.   

Cllr Zeidler (MSDC) reported: 

  • Discontent amongst some Councilors with the new Sunday and late parking charges to be introduced in Mid Sussex. In addition, increases to usual parking charges were also approved.   
  • Concern over potential changes to General & Business Rates could result in Mid Sussex receiving less income due to the likely changes. 
  • MSDC are looking closer at carbon reduction and how district, town and parish councils can reduce their footprint. Various apps are now available to measure one’s own footprint. 

24/018/OM.         Matters Arising & Outstanding Actions To clarify and report on actions brought forward from the last meeting.  

TRO Poynings Road / Edburton Road – The Clerk reported that WSCC have acknowledged the application, Sussex Police have indicated no objection and the necessary forms are now with the TRO Team at WSCC. 

WSCC drain unblocking – WSCC acknowledged the online requested and have confirmed the drain has been unblocked. 

Small Acres – The Planning Inspectorate upheld the SDNPA enforcement notice with corrections and variations and refuse to grant planning permission on the application deemed to have been made under section 177(5) of the 1990 Act as amended. 

Village signs – Cllr Comber showed the meeting a photograph of the first village sign which has been repaired by local artist, James Lightfoot. Councillors were delighted with the results and unanimously agreed to commission Mr Lightfoot to repair the other two village signs. The £500 invoice has been present and will be paid for the work done.  

24/019/OM.     Parish Plan 

Progress is being made with the ongoing project, assisted by Action in rural Sussex (AirS)  to create a Community Survey which will help structure the next Fulking Parish Plan. 

Action: Cllrs Comber and Metha have agreed to combine their ideas into a questionnaire format to be submitted to AirS for their consideration. 

24/020/OM.        Reports from Outside Bodies.  

None received 

24/021/OM.       Information Items.  To receive information and items for the agenda at future meetings. 

None received 

24/022/OM.       Correspondence.  To discuss correspondence and respond to correspondence received.  

None received 

24/023/OM.        Financial Matters. To receive the report on the Council’s income and to approve future expenditure. 

The Clerk reported to Councillors via email that the current account balance in Barclays Bank was £1,849.49 with £16,000 held in the deposit account. 

The meeting closed at 9:15pm

Date of the Annual Meeting is Wednesday 15th May 2024.  

Next Ordinary Meeting scheduled for Thursday 11th July 2024.