Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
DECISION: GRANT (FULL PLANNING) AND DELEGATE TO DEVELOPMENT MANAGER REQUISITE CONDITIONS ATTACHED, INCLUDING A DARK SKIES CONDITION TO INCLUDE NO EXTERNAL LIGHTING
Members had visited the site which was a proposal for one 2-storey dwelling, with a garden room, large balcony and detached double garage on the southern part of the garden of Curlew Cottage. The Council’s Development Site and Allocations Plan adopted in 2016 concluded that Pett Level did not have a defined settlement boundary therefore the site was located in open countryside. Pett Level had a limited range of local amenities and residents would have to travel to Hastings or Rye to access facilities. Therefore the site was considered unsustainable.
The Planning Committee heard from the Applicant who outlined the history and future of the property, neighbouring properties and surrounding area, as well as the local Ward Member. Comments were noted from Pett Parish Council and Fairlight Parish Council, as well as Natural England stating that they had no objection to the application.
The Planning Committee discussed the acceptability of the proposal and in weighing up all the issues decided that it was a sustainable site as there was access to regular (one bus per hour) transport facilities. They also felt that the new dwelling would not adversely impinge on the neighbouring properties. Therefore the Committee granted full planning permission subject to the inclusion of relevant standard conditions including a suitable condition protecting dark skies (delegated to officers to consider).
Councillor Ganly moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Mier. The motion was declared CARRIED (7 for / 3 against).
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:
Site Location Plan, dated 9.10.20
OV/DB/MR/02 Proposed Site Layout, dated 07/09/2020
OV/DB/MR/01 Proposed Elevations/ Floor plans, dated 9.10.20
OV/DB/MR/03 Proposed Garage, dated 9.10.20
3. Prior to occupation of the dwelling hereby permitted, boundary treatments shall be erected strictly in accordance with details submitted to and approved in writing by the Local Planning Authority and thereafter retained and maintained in accordance with the approved details.
Reason: In the interests of visual amenity and to prevent the development from having any harmful impact upon the amenities of adjoining properties by way of overlooking, in accordance with Policy OSS4 (ii and iii) of the Rother Local Plan Core Strategy and DHG11 of the Development and Site Allocations Local Plan.
4. No development above ground level shall take place until full details of the materials to be used in the construction of the external surfaces of the dwelling and garage 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 and Policy DHG9(ii) of the Rother Development and Site Allocations Plan.
5. The windows and doors hereby permitted shall not be installed until details of the glazing for the windows and doors have been submitted to and approved in writing by the Local Planning Authority. The details shall include information on the glass technology to be utilised to prevent or significantly reduce light transmission through the glazing at night, which could be in the form of electrochromatic glass or 'smart glazing'. The windows and doors shall be installed and thereafter retained in accordance with the approved details.
Reason: To prevent light pollution and to protect the dark night skies and local ecology of the surrounding countryside, in accordance with Policies EN1 and EN5 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN7 of the Development and Site Allocations Local Plan.
6. No development shall commence until a scheme for the provision of foul and surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The dwelling shall not be occupied until the drainage works to serve the development have been provided in accordance with the approved details.
Reason: These details are required prior to commencement of works to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy and DEN5 of the Development and Site Allocations Local Plan.
7. 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 extensions, alterations or improvements, as defined within classes A, B or C of Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.
Reason: To ensure that the satisfactory appearance of the development and area is maintained and to preserve the natural landscape quality and character of the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy and DEN1 and DEN2 of the Development and Site Allocations Local Plan.
8. 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), the garage hereby approved shall be used for purposes incidental to the enjoyment of the dwellinghouse and for no habitable use or other purpose without the express approval of the local planning authority.
Reason: To ensure a satisfactory level of off-road parking facilities so as not to prejudice the free flow of traffic and conditions of general safety along the highway and to preclude the creation of a separate dwelling in the countryside and to accord with Policy TR4 and RA3 of the Rother Local Plan Core Strategy.
9. The dwelling(s) 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(s) 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.
10. The dwelling(s) 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(s) 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.
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/CIL for further information and the charging schedule.
2. The Applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions (10 and 11) 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.
3. 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.
4. In relation to the significant excavation and construction works, responsibility for securing a safe development rests with the developer and/or landowner.
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 assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
Publication date: 18/11/2021
Date of decision: 11/11/2021
Decided at meeting: 11/11/2021 - Planning Committee