Decision details

DECISION: GRANT (FULL PLANNING)

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:

Drawing No. 022-1.100-E, dated 25/10/19

022-1.002-D, 005-D, 200-C, dated 24/07/19

022-0.001-A, dated 25/03/19

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 demolition or ground works shall take place 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: A pre-commencement condition is required 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 permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the Local Planning Authority for approval and all works shall be completed in accordance with the approved details.

a)    Submission of a timetable for completion of remediation works in accordance with the details of remedial works required to be approved by the Local Planning Authority in association with Environmental Health, prior to any remediation commencing on site.  The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled waters).

b)    Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance.  If during any works contamination is encountered which has not previously been identified then the additional contamination should be fully assessed and an appropriation remediation scheme submitted to the Local Planning Authority for approval.

c)     Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the Local Planning Authority.  The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology.  Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

Reason:  A pre-commencement condition is required as the site investigations undertaken identify that previous uses may have left the land contaminated and in order to avoid risks to health or the environment mitigation is required in accordance with Paragraphs 118, 170 and 178 of the NPPF and Policy OSS3 (viii) of the Rother Local Plan Core Strategy.

5.     No development shall take place, including any ground works or works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the approved Plan shall be implemented and adhered to in full throughout the entire construction period.  The Plan shall provide details as appropriate but not be restricted to the following matters,

a)     the anticipated number, frequency and types of vehicles used during construction;

b)     the method of access and egress and routeing of vehicles during construction;

c)     the parking of vehicles by site operatives and visitors;

d)     the loading and unloading of plant, materials and waste;

e)     the storage of plant and materials used in construction of the development;

f)       the erection and maintenance of security hoarding;

g)     the provision and utilisation of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders); and

h)     details of public engagement both prior to and during construction works.

Reason: A pre-commencement condition is required from the outset because the works need to be managed in all stages of construction to maintain the safety of all road users and so as not to unreasonably harm the amenities of adjoining properties and in the interests of highway safetyIn the interests of highway safety and the amenities of the area in accordance with Policies OSS4 (ii), CO6 and TR3 of the Rother Local Plan Core Strategy.

6.     No development shall commence until the following surface water drainage details (which should be based on the surface water drainage strategy outlined for the site) have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details:

a)     Detailed design drawings for the proposed attenuation storage tanks and the rainwater harvesting system. Written evidence that Southern Water agrees to both a new connection into the public sewer, and that they have capacity within their system.

b)     A maintenance and management plan for the entire drainage system clearly stating who will be responsible for all parts and evidence that these responsibility arrangements will remain in place throughout the lifetime of the development.

c)     Prior to occupation of the development, evidence (including photographs) should be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs (as per condition 5(i)).

Reason: A pre-commencement condition is required to ensure that the drainage infrastructure carried out in the initial stages of the development will not increase the risk of flooding, will improve and protect water quality, and ensure future maintenance of the sustainable surface water drainage system in accordance with Policy SRM2 of the Rother Local Plan Core Strategy.

7.     No above ground works shall commence until details of the following have been submitted to and approved in writing 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, eaves details, roof-lights, rainwater goods, pipes, vents and utility meters and boxes where applicable.

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

c)     Samples of materials for any hardsurfacing.

d)     Details for rear boundary treatments.

Reason: To ensure a high building appearance and architectural quality, to ensure that the development where practical reflects the historic character and detailing of the surrounding listed buildings and conservation area and thereby preserves the setting of the listed buildings and the character and appearance of the conservation area, in accordance with Policies OSS4(iii), EN2 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

8.     Prior to occupation of the dwellings hereby permitted, the parking and turning arrangements for vehicles shall be provided in accordance with Drawing No. 022-1.002-D, dated 24/07/19. Those areas shall be provided and thereafter retained for that use only.

Reason: To ensure the provision of adequate on-site parking and turning facilities, to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway and that it does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

9.     The development shall not be occupied until cycle parking has been provided in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the area[s] shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

Reason: In order that the development site is accessible by non-car modes of transport and to meet the objectives of sustainable development in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

10.  The development hereby permitted shall not be brought into use 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.

11.  This permission is granted for single storey one bedroom units only with no habitable space within the roof area. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no roof alterations, internal or external, or as defined within classes B and C of Part 1 of the Schedule 2 of the order, shall be carried out to any dwelling hereby permitted on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: To ensure that the units remain single units of accommodation that meet the required space standards and to preclude additional rooms being created within the roof, which could result in overlooking and loss of privacy for the adjacent properties in the High Street, Old Mill Walk and the Cottage to the south, retaining the form and appearance of the development, having regard to the character of the area and in accordance with Policies OSS4 (ii) & (iii), EN2 and EN3 of the Rother Local Plan Core Strategy and Policy DHG3 of the Development and Site Allocations.

NOTE

1.     The applicant is reminded that public footpath 34 lies outside the north east boundary of the site and should not be obstructed or disturbed during any period of demolition or construction work.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraph 38) 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 by identifying matters of concern within the application (as originally submitted) and negotiating, with the applicant, acceptable amendments to the proposal to address those concerns. 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.