Decision details

RR/2017/1778 - Rye - Former Thomas Peacocke School Site, Ferry Road

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

DECISION: GRANT (OUTLINE PLANNING) DELEGATED SUBJECT TO FINALISATION OF PLANNING CONDITIONS AND A SECTION 106 PLANNING OBLIGATION TO SECURE:

·        A financial contribution in lieu of affordable housing on site.

·        Management of the allocated/unallocated parking spaces.

·        Implementation of necessary highway works.

·        An Employment and Skills Plan.

 

CONDITIONS:

 

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

      Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.     The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

22876A_01 A – As Existing Site Plan

22876A_02 A – As Existing Block Plan

22876A_03 – Demolition Plan

22876A_10 E – Proposed Site Plan

22876A_17 C – Proposed Site Plan – Levels Strategy

22876A_18 – Proposed Site Plan Plot Boundaries

22876A_30 – Proposed House Type Drawings – Plots 1 to 3 Floor Plans + Elevations

22876A_31 – Proposed House Type Drawings – Plots 4 to 12 Floor Plans

22876A_32 – Proposed House Type Drawings – Plots 4 to 12 Elevations

22876A_33 A – Proposed House Type Drawings – Plots 13 to 16 Floor Plans

22876A_34 A – Proposed House Type Drawings – Plots 13 to 16 Elevations

22876A_35 A – Proposed House Type Drawings – Plots 17 to 21 Floor Plans

22876A_36 A – Proposed House Type Drawings – Plots 17 to 21 Elevations

22876A_37 A – Proposed House Type Drawings – Plots 22 to 25 Floor Plans

22876A_38 A – Proposed House Type Drawings – Plots 22 to 25 Elevations

22876A_39 A – Proposed House Type Drawings – Plots 26 to 30 Floor Plans

22876A_40 A – Proposed House Type Drawings – Plots 26 to 30 Elevations

22876A_41 A – Proposed House Type Drawings – Plots 31 to 33 Floor Plans

+ Elevations

22876A_42 A – Proposed House Type Drawings – Plots 34 to 40 Floor Plans

22876A_43 A – Proposed House Type Drawings – Plots 34 to 40 Elevations

22876A_44 A – Proposed House Type Drawings – Plots 41 to 46 Floor Plans

22876A_45 A – Proposed House Type Drawings – Plots 41 to 46 Elevations

22876A_46 A – Proposed House Type Drawings – Plots 47 to 54 Floor Plans

22876A_47 A – Proposed House Type Drawings – Plots 47 to 54 Elevations

22876A_48 A – Proposed House Type Drawings – Plots 55 to 58 Floor Plans

22876A_49 A – Proposed House Type Drawings – Plots 55 to 58 Elevations

22876A_50 A – Proposed House Type Drawings – Plots 59 to 63 Floor Plans

22876A_51 A – Proposed House Type Drawings – Plots 59 to 63 Elevations

22876A_52 – Proposed Car Port Drawing – Floor Plans and Elevations

22876A_53 – Proposed Bin Store – Floor Plans and Elevations

22876A_60 A – Proposed Site Sections – A-A, B-B

22876A_61 A – Proposed Site Sections – C-C, D-D

22876A_62 A – Proposed Site Sections – E-E, F-F, G-G

 

Note that Drawing No. LANDP001/R02 (soft landscaping) is not approved as it relates to an earlier version of the scheme and includes an approach to planting of communal areas that is not supported.

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

3.     No development approved by this planning permission shall commence until the developer has secured the implementation of a programme of archaeological work, in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that any archaeological and historical interest of the site is safeguarded and recorded to comply with Policy EN2 (vi) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

4.     No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

a)     A preliminary risk assessment which has identified:

·        all previous uses;

·        potential contaminants associated with those uses;

·        a conceptual model of the site indicating sources, pathways and receptors; and

·        potentially unacceptable risks arising from contamination at the site.

b)   A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

c)   The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d)   A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason:To ensure that the development does not contribute to, or is not put at unacceptable risk from/adversely affected by, unacceptable levels of water pollution in line with paragraph 170 of the National Planning Policy Framework.

5.     No development approved by this planning permission shall commence until such time as a scheme to connect all plots to mains foul drainage has been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water. The scheme shall be implemented as approved.

Reason: The National Planning Policy Framework paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

 

6.     No development approved by this planning permission shall commence until detailed surface water drainage drawings and calculations have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include:

a)     Evidence (in the form of hydraulic calculations) that surface water discharge rates are limited to the equivalent brownfield runoff rates for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. The hydraulic calculations shall take into account the connectivity of the different surface water drainage features and where outfall is allowed to surcharge based on the predicted 1 in 100 year flood level. This should include a 10% allowance for urban creep.

b)     Details (including groundwater monitoring) on how impacts of high groundwater on the hydraulic capacity and structural integrity of the underground tanks will be managed.

c)     Information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

d)     Details of the outfall of the proposed attenuation tanks and how they connect into the watercourse, including cross sections and invert levels.

e)     Details of how the necessary maintenance access and easements for the outfall from the drainage system to the watercourse will be secured for the lifetime of the development.

f)       A maintenance and management plan for the entire drainage system. This plan shall clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains and evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

The approved details shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

7.     Prior to the construction of the outfall referred to in Condition 6, a survey of the condition of the ordinary watercourse which will take surface water runoff from the development shall be investigated. Results of the survey, including any required improvements to the condition of the watercourse shall be submitted to and approved in writing by the Local Planning Authority and implemented accordingly.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

8.     No part of the development shall be occupied until evidence (including photographs) has been submitted showing that the surface water drainage system has been constructed in accordance with the details approved through Conditions 6 and 7 of this decision notice. The approved details shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

9.     No development approved by this planning permission shall commence until a Construction Traffic Management Scheme for operations at the site has been submitted to and approved in writing by the Local Planning Authority in association with the Highway Authority. This should include details for an onsite compound for contractors’ vehicles, plant, machinery and materials for the duration of the development, details for wheel washing equipment within the site, during any form of earthworks and/or excavations and details of routes, timings and management of construction traffic including the importation and storage of soil.

Reason: To maintain the free flow of traffic along the highway and to prevent contamination and damage to the adjacent roads, in the interests of highway safety and for the benefit and convenience of the public at large having regard to Policies OSS4 (ii), CO6 (ii) and TR3 of the Rother Local Plan Core Strategy.

 

10.  No part of the development shall be occupied until the access onto Ferry Road has been constructed in accordance with details submitted to and approved by the Local Planning Authority.

Reason:  In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6(ii) and TR3 of the Rother Local Plan Core Strategy.

 

11.  No development approved by this planning permission shall commence until a scheme of the working hours during the construction has been submitted to and approved in writing by the Local Planning Authority. Unless alternative times are specifically agreed construction activities associated with the development hereby permitted shall not be carried out other than between the hours of 08:00 and 18:00 hours on Mondays to Fridays inclusive and 08:00 and 13.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays.

Reason: A pre-commencement condition is required from the outset to ensure highway safety and so as not to unreasonably harm the amenities of adjoining properties in accordance with Policies OSS4 (ii) and CO6 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

12.  No development approved by this planning permission shall commence until a scheme for the control of noise and dust during construction shall be submitted to and approved in writing by the Local Planning Authority. Development work should be carried out in accordance with the approved scheme and no bonfires will be permitted on site.

Reason: A pre-commencement condition is required so that development from its outset does not unreasonably harm the amenities of adjoining properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

13.  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the Local Planning Authority. The remediation strategy shall be implemented as approved. 

Reason: To ensure that the development does not contribute to, is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 170 of the National Planning Policy Framework.

 

14.  Prior to the commencement of development, detailed drawings, including levels, sections and constructional details of the proposed roads, surface water drainage, outfall disposal and any proposed street lighting to be provided, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

Reason: In the interests of highway safety and for the benefit and convenience of the public at large and having regard to the character and appearance of the locality, in accordance with Policies OSS4 (iii), CO6 (ii), EN1, EN3 and TR3 of the Rother Local Plan Core Strategy.

 

15.  Prior to the commencement of development, details regarding all existing trees and hedgerows on the site, including details of those to be retained, established through a phased clearance approach to the existing scrubland as set out in the submitted Tree Survey and Arboricultural Impact Assessment, along with planting plans relating to the strengthening of the buffer planting at the railway boundary, shall be submitted to and approved in writing by the Local Planning Authority. The submission shall include details for the protection of all trees to be retained on the site. The approved scheme shall be put in place prior to the commencement of any development, apart from site clearance and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the landscape setting and enhances the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

16.  No above ground works shall commence until details of the following have been submitted and approved by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details:

a)     1:10 drawings of proposed building details including fenestration, bays and shutters, dormers, eaves details, barge boards, porches, roof-lights, pipes, vents and utility meters and boxes.

b)     Samples of the materials to be used in the construction of all external faces of the buildings.

Reason: To ensure a high building appearance and architectural quality, to ensure that the development where practical reflects the character and/or appearance of the local area and to preserve the visual amenities of the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework. 

 

17.  Notwithstanding the information on the approved Plan Drawing No. 22876A_18, no above ground works shall commence until drawn details (plans and elevations) of the boundary treatments and any other means of enclosure (fences, hedges, and walls) indicating the locations, type, design, height, and materials of such, have been submitted to and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme. In addition to site boundaries, parking courts and rear gardens, boundary treatments shall be located so as to divide and enclose the front gardens of each of the houses, and also flats 50-54, and 17-21.

Reason: To ensure the creation of a high quality public realm, design quality, and landscape setting, in accordance with Policies EN3 and EN1 of the Rother Local Plan Core Strategy.

 

18.  No above ground works shall commence until the following public realm and hard landscaping details have been submitted and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

a)     Specifications and samples of hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hardstanding, kerbs and tactile paving).

b)     Any street furniture, signage and street lighting, bollards and other such items, including proposed locations.

Reason: To ensure the creation of a high quality public realm, landscape setting, minimal impact upon retained trees and architectural quality in accordance with Policies EN3, EN4 and EN1 of the Rother Local Plan Core Strategy.

 

19.  The soft landscaping proposals shown on Drawing No. LANDP001 Rv02 are not acceptable and are not approved. No above ground works shall commence until the following soft and hard landscaping details have been submitted to and approved in writing by the Local Planning Authority, which shall include:

a)     design, layout and appearance of structural and amenity green space, including verges;

b)     planting plans;

c)     schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

d)     details of management responsibilities and maintenance schedules for all landscape areas, other than privately owned, domestic gardens; and

e)     implementation programme. 

Reason: To enhance the appearance of the development and to ensure that the proposed development does not prejudice the landscape setting and enhances the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

20.  Prior to any part of the permitted development being occupied, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Reason: To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 170 of the National Planning Policy Framework.

21.  Prior to the occupation of the development, a landscape management plan, including management responsibilities and maintenance schedules for the communal hard and soft landscape/open space areas, including any street furniture and minor artefacts therein, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved.

Reason: To ensure a high quality public realm taking account of the characteristics of the locality and enhancing the landscape character in accordance with Policies OSS4 (iii), EN1 and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

22.  If within a period of five years from the date of the planting of any tree or hedging that tree/hedging, or any planted in replacement for it, is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the development and maintain its rural setting in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

23.  No dwelling hereby approved shall be occupied until the archaeological site investigation and post investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 3 to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority.

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with Policy EN2 (vi) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

24.  Before occupation of the dwellings they are to serve the refuse and recycling storage and collection point facilities shall be provided in accordance with the approved plans, thereafter retained, with all bins and containers available for use, maintained and replaced as need be.

Reason: To safeguard the visual amenities of the locality in accordance with Policy OSS4 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.     This permission is the subject of an obligation under section 106 of the Town and Country Planning Act 1990.

 

2.     The development is subject to the Community Infrastructure Levy (CIL). Full details will be set out in the CIL Liability Notice which will be issued in conjunction with this decision. All interested parties are referred to http://www.rother.gov.uk/CIL for further information and the charging schedule.

 

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraphs 186 and 187) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

Publication date: 20/11/2019

Date of decision: 14/11/2019

Decided at meeting: 14/11/2019 - Planning Committee

Accompanying Documents: