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 drawings:

No. 6143/19/LBP/C (Location Block Plan), dated Aug 2019

No. 6143/19/1 (Floor Plans & Elevations), dated May 2019

No. 6143/19/2 (Floor Plans & Elevations), dated May 2019

No. 6143/19/3 (Floor Plans & Elevations), dated May 2019

No. 6143/19/4/D (Site Plan & Street Scene), dated Aug 2019

No. 6143/19/5(Indicative Illustrative Layout), dated Aug 2019

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 a Construction Traffic Management Scheme for operations at the site has been submitted to and approved in writing by the Local Planning Authority. This should include details of how the development will be constructed from the access adjacent to Little Throne, and not via Thorne Close; 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.

 

4.     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.

 

5.     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.

 

6.     No development approved by this planning permission shall commence until detailed drainage drawings and calculations have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include evidence (that the drainage system is capable of half emptying within 24 hours for all rainfall events, including those with one 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.

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.

 

7.     No development approved by this planning permission shall commence until the detailed design of the infiltration features have been submitted to and approved in writing by the Local Planning Authority. The detailed design shall be informed by findings of groundwater monitoring between autumn and spring. The design should leave at least 1m unsaturated zone between the base of the drainage structures and the highest recorded groundwater level. In the event this cannot be achieved, details of measures which will be taken to manage the impacts of high groundwater on the hydraulic capacity and structural integrity of the drainage system shall be provided.

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.

 

8.     No development approved by this planning permission shall commence until a maintenance and management plan for the entire drainage system has been submitted to and approved in writing by the Local Planning Authority to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

a)     This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains.

b)     Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

These details shall be submitted to and approved in writing by the Local Planning Authority and 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.

 

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

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.

 

10.  No development approved by this planning permission shall commence until the hard and soft landscaping details have been submitted to and approved in writing by the Local Planning Authority, which shall include:

a)     Indications of all existing trees adjacent to the site including details of those to be retained, together with measures for their protection in the course of development.

b)     Planting plans.

c)     Written specifications (including cultivation and other operations associated with plant and grass establishment).

d)     Schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

e)     Hard surfacing materials.

f)       An implementation programme.

Reason: This pre-commencement condition is required to enhance the appearance of the development and maintain its landscape setting, in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

11.  No development above ground level shall take place until samples of the materials and finishes to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To maintain the visual amenities of the surrounding area,in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

12.  All landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority and if within a period of five years from the date of the planting any tree or plant is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree or plant 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 landscape setting, in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

13.  No dwelling shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans or details which have been first submitted to and approved in writing by the Local Planning Authority and the cycle parking spaces 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 and to meet the objectives of sustainable development, in accordance with Policies OSS4 (i) & TR3 of the Rother Local Plan Core Strategy.

 

14.  No dwelling shall be occupied until boundary treatment has been erected in accordance with details (including a plan indicating the positions, design, height, materials and type of boundary treatment to be erected) which have been first submitted to and approved in writing by the Local Planning Authority. Once erected the approved boundary treatment shall thereafter be retained.

Reason: To safeguard the amenities of neighbouring properties, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

 

15.  No dwelling shall be occupied until parking spaces for vehicle, have been provided and constructed in accordance with the approved plan, and the parking spaces shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure that adequate parking is provided and ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6(ii) and TR4(i) of the Rother Local Plan Core Strategy.

 

16.  No dwelling shall be occupied until the service vehicle turning head has been provided and constructed in accordance with the approved plan and the turning head shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure that adequate turning facilities for service vehicles is provided and ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

 

17.  No dwelling shall be occupied until the approved bin and recycling storage facilities to serve it have been provided in accordance with the approved plans and thereafter retained to that purpose.

Reason: To provide adequate big and recycling facilities and to protect the amenity of the locality in accordance with Policy OSS4 (i) and (iii) of the Rother Local Plan Core Strategy.

 

18.  If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant 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 or plant 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.

To preserve the visual amenities of the area in accordance with Policies OSS4 (iii) and EN3 (ii) of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.     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/CILfor further information and the charging schedule.

 

2.     The granting of planning permission neither grants nor implies any right of way to gain access to the site.

 

3.     The development will be subject to the requirements of the Building Regulations, and advice should be sought from the East Sussex Building Control Partnership. No work should be carried out until any necessary permission has been obtained.

 

4.     The landowner and/or developer should take all relevant precautions to minimise the potential for disturbance to adjoining occupiers from noise and dust during the construction period. This should include not working outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays, and no such work should take place on Sundays or Bank Holidays.

 

5.     The landowner and/or developer is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning permission for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. Separate licences and consents may be required to undertake work on the site where protected species are found and these should be sought before development commences.

 

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.

 

(Councillor Coleman declared a personal and prejudicial interest in this matter in so far as he been previously lobbied by objectors to the application and felt unable to consider the matter impartially and in accordance with the Members’ Code of Conduct left the room during the consideration thereof).