DECISION: It be RESOLVED to 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:

5490-20-LPB Location Block Plan

5490-20-1-C Proposed Development Block Plan 07 01 2021

5490/20/2/A Proposed Semi-Detached Houses 07 01 2021

5490/20/3/B Street-Scene 07 01 2021

5490/V3 - 3D View 17 11 2020

Reason: For the avoidance of doubt and in the interests of proper planning.

 

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

Reason: To ensure that the development reflects the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy.

 

4.        The dwellings hereby permitted shall not be occupied until the parking spaces to serve the new properties, as shown on approved Drawing No. 5490/20/1/C, have been provided to the satisfaction of the Local Planning Authority. The approved parking shall be permanently retained thereafter to serve the properties and shall not be used for any other purpose.

Reason: To provide on-site parking to the standards adopted by the Local Planning Authority, to avoid on-street parking and, thereby, to ensure that the development does not impede the free-slow of traffic on the highway, to the detriment of highway safety and visual amenity.

 

5.      No development shall commence until a scheme of foul water drainage works (which shall be designed in accordance with sustainable drainage principles) has been submitted to and agreed in writing by the Local Planning Authority, in consultation with the Local Lead Flood Authority.  The dwellings hereby permitted shall not be occupied until the approved foul water drainage works to serve the development have been implemented and are operational in accordance with the approved details and to the satisfaction of the Local Planning Authority.

Reason: The details required are integral to the whole development to ensure the satisfactory handling/disposal of foul-water generated by the development and to prevent water pollution in accordance with Policies OSS4 (iii), SRM2 and EN7 of the Rother Local Plan Core Strategy.

 

6.        No development shall commence until a detailed surface water drainage system (SUDS) has been submitted to and approved in writing by the Local Planning Authority, the SUDS details shall include:

a)    detailed drawings and hydraulic calculations, which shall take account of the connectivity of the different surface-water drainage features and shall demonstrate that surface-water run-off can be managed without increasing flood-risk for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence; and

b)    the detailed design shall be informed by findings of groundwater monitoring between autumn and spring and shall leave an unsaturated zone of at least 1m between the base of the drainage structures and the highest recorded groundwater level. In the event this cannot be achieved, details of the measures to be taken to manage the impacts of high groundwater on the hydraulic capacity and structural integrity of the drainage system shall be provided. The detailed design shall include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

The dwellings permitted shall not be occupied until the approved sustainable drainage works have been implemented and are operational to the satisfaction of the Local Planning Authority.

Reason: The details required are integral to the whole development to ensure the satisfactory drainage of the site in accordance with the principles of sustainability and to prevent increased flood-risk beyond the site, in accordance with Policies OSS4 (iii), SRM2 and EN7 of the Rother Local Plan Core Strategy.

 

7.      Prior to the construction of the outfall, a survey of the condition of the ditch/ordinary watercourse (or sewer/drain) which will take surface water runoff from the development shall be undertaken. The results of the survey shall be submitted to and approved in writing by the Local Planning Authority.  Any required improvements to the condition of the watercourse/sewer/drain shall be included and, if approved by the Local Planning Authority and Local Lead Flood Authority, shall be implemented accordingly.

Reason: To minimise the risk of flood on and off the site into the future.

 

8.      A Maintenance and Management Plan for the entire drainage system shall be submitted to the Local Planning Authority before any construction commences on-site to ensure the designed system takes into account design standards of those responsible for maintenance. The Management Plan shall include the following:

a)    a clear statement of who will be responsible for managing all aspects of the surface water drainage system, including the piped drains; and

b)    evidence shall be provided as to how these responsibility arrangements will remain in place throughout the lifetime of the development.

The approved plan shall remain in place and be adhered to for the lifetime of the development.

Reason: To minimise the risk of flood on and off the site into the future.

 

9.      Details of the measures to be taken to manage flood-risk, both on and off the site, during the construction phase of the development, shall be submitted to and agreed in writing by the Local Planning Authority.  This may take the form of a stand-alone document or be part of the Construction Management Plan for the development to be submitted to and agreed in writing by the Local Planning Authority.

Reason: To minimise the risk of flood on and off the site when the development permitted is constructed.

 

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

Reason: To ensure the sustainable drainage system approved for the site has been constructed as approved, to minimise the risk of flood on and off the site.

 

11.     Prior to occupation of the development hereby permitted, the reconstructed access shall be in the position shown on approved plan No. 5490/20/1/C and it shall be laid out and constructed in accordance with the attached HT407 form and all works undertaken shall be executed and completed by the Applicant to the satisfaction of the Local Planning Authority.

Reason: In the interests of highway safety.

 

12.    The new access to serve the development permitted shall not be brought into use until the 2.4m x 70m sight-lines on both sides of the access have been provided to the satisfaction of the Local Planning Authority.

Reason: In the interests of highway safety.

 

13.     The development permitted shall not be occupied until the cycle storage facilities, as shown on approved plan No. 5490/20/1/C, have been provided in accordance with details to be submitted to and agreed in writing by the Local Planning Authority (and thereafter shall be retained for that purpose).

Reason: In the interests of highway safety and to enhance the sustainability credentials of the development.

 

14.    The development shall not be occupied until a turning-head for vehicles has been provided in accordance with details that shall be submitted to and agreed in writing by the Local Planning Authority.

Reason: To enable vehicles to turn and exit in forward gear, in the interests of highway safety.

 

15.   No development above ground level shall commence until details of the hard and soft landscaping of the site (hard landscaping consistent with sustainable surface-water drainage details required by Condition 6 above), including boundary treatments, retaining walls and the parking to be provided for the development, 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 ensure the development is in character with its surroundings, in the interests of visual amenity of the locality, in accordance with Policies OSS4(iii), RA1(i) and EN1(i) of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Rother Development and Site Allocations Local Plan.

 

16.   If within a period of five years from the date of the planting of any tree or shrub or other planting that tree, shrub or other planting or any replacement tree, shrub or other planting, is removed, uprooted, destroyed or dies (or becomes, in the opinion of the Local Planning Authority, seriously damaged, diseased or defective), another tree, shrub or plant of the same species and size as that originally planted in the same position shall be planted in the first available planting season, unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure that the development is in character with its surroundings, in the interests of the visual amenity of the locality, in accordance with Policies OSS4(iii), RA1(i) and EN1(i) of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Rother Development and Site Allocations Local Plan.

 

17.    No development shall commence until indications of all existing trees and hedgerows on the land, including details of those to be retained, together with measures for their protection during the construction of the development, as per the Arboricultural Report that supports this application, have been submitted to and approved by the Local Planning Authority and such approved protection measures shall be retained in situ for the duration of construction works.

Reason: These details are required prior to commencement of works to ensure the protection of trees and hedgerows during construction and the creation of a high quality public realm and landscape setting in accordance with Policy EN3 of the Rother Local Plan Core Strategy.

 

18.    The development hereby permitted shall only be undertaken in accordance with a Construction Environmental Management Plan (CEMP) which shall be submitted to and agreed in writing by the Local Planning Authority prior to first commencement of the development permitted, setting-out the steps to be undertaken to protect and enhance the potential ecological/biodiversity value of the application site before, during and after the carrying-out of the development, as set-out within the Ecological Appraisal that supports the application, and the measures to be taken to protect the level of amenity enjoyed by occupiers of neighbouring residential properties as the development is undertaken.

Reason: To protect the ecological value of the application site and to protect residential amenity, in accordance with Policies EN1, EN5 and OSS4(ii) of the Rother Local Plan Core Strategy.

 

19.   During the construction of the development hereby permitted, all site worker and visitor vehicles shall be parked clear of the highway and all plant, machinery and equipment shall be stored within the site.

Reason: To maintain the free-flow of traffic using and in the interests of highway safety, in accordance with Policies OSS4 and CO6 of the Rother Local Plan Core Strategy.

 

20.   No construction works at or deliveries to the application site shall take place, other than between the hours of 8.00am and 6.00pm Monday to Friday, 8.00am and 1.00pm on Saturdays and not at all on Sundays or on Bank or other holidays.

Reason: To protect the level of amenity enjoyed by occupiers of neighbouring residential properties, in accordance with Policy OSS4(ii) of the Rother Local Plan Core Strategy.

 

21.    The dwellings hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part G of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling(s) hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that the dwelling(s) has been constructed to achieve water consumption of no more than 110 litres per person per day.

Reason: To ensure that the dwelling is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2 (v) of the Rother Local Plan Core Strategy and Policy DRM1 of the Rother Development and Site Allocations Local Plan.

 

22.    The dwellings hereby permitted shall not be occupied until it has/they have been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings.

Reason: To ensure that an acceptable standard of access is provided to the dwelling in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother Development and Site Allocations Local Plan.

 

NOTES:

 

1.   Conditions 21 & 22:  The Applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions triggering the optional technical standards for Water Efficiency and/or Accessibility and Wheelchair Housing Standards are attached to this planning permission and that development should be built accordingly. Enforcement action may be taken without further notice if the relevant standards are not achieved.

 

2.   The Applicant/Developer should be aware that the development is liable to the payment of the Community Infrastructure Levy (CIL). Details will be set-out in the CIL Liability Notice that will be issued in conjunction with this planning permission.

 

3.   The development hereby permitted will be subject to the requirements of the Building Regulations.  Advice should be sought from the East Sussex Building Control Partnership.  No work should be carried-out until any consents required under the Building Regulations have been obtained.

 

4.    The Applicant/Developer should take all reasonable precautions to minimise the potential for disturbance to occupiers of nearby residential properties from disturbance and nuisance as the development is undertaken. This should include adherence to the hours of working controls set under Condition 20.

 

5.    The surface-water drainage details required under Condition 6 shall be supported by a Report and any necessary Technical Information following completion of the East Sussex County Council surface water drainage system (SUDS) Decision Support Tool for Small Scale Development (http://eastsussex.suds-tool.co.uk/).

 

6.    The details required by Condition 18 – particularly in respect of biodiversity enhancements/net gain – shall not be approved unless consultation with the County Ecologist has been undertaken.

 

7.    The Applicant is reminded that UK Power Networks’ safety guidelines for working near electricity infrastructure and underground cables should be followed diligently.

 

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with the requirements of the National Planning Policy 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.