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 and details:

BBP-1007-101 Rev. H, Proposed – Site layout

BBP-1007-104 Rev. B, Proposed – Site section Street scenes

BBP-1007-110 Rev. C, House Type A Proposed floor plans and elevations

BBP-1007-111 Rev. C, House Type C Proposed floor plans and elevations

BBP-1007-113 Rev. C, House Type D Proposed floor plans and elevations

7217_105 Rev.C, Northern site proposed access

7217_106 Rev.B, Northern site proposed access Refuse vehicle tracking

The following plans are also approved but only in relation to the subject details (the layout being superseded by the above plans):

NJCL 238-1 B, Tree Protection Plan

1085 Ang151, 1800mm High Close Boarded Fence

2939/1, Detailed Landscape Proposals

7217/103 Rev. E, North Site Site Drainage Strategy

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

 

3.     No development shall commence until final details of the sustainable surface water drainage arrangements (SuDS)  have been submitted to and approved in writing by the Local Planning Authority to ensure surface water runoff from the development is managed safely, such scheme having regard to the following:

i.       Surface water discharge rates not exceeding 2 l/s for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. Evidence of this (in the form hydraulic calculations) should be submitted with the detailed drainage drawings. The hydraulic calculations should take into account the connectivity of the different surface water drainage features, including its connection to the ordinary watercourse.

ii.      The details of the outfall of the cellular storage and how it connects into the ordinary watercourse should be provided as part of the detailed design. This should include cross sections, bed levels and invert levels.

iii.    The condition of the ordinary watercourse which will take surface water runoff from the development should be investigated before discharge of surface water runoff from the development is made. Any required improvements to the condition of the watercourse should be carried out prior to construction of the outfall.

iv.    The detailed design should include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

v.     A maintenance and management plan for the entire drainage system shall be included to ensure that the designed system takes into account design standards of those responsible for maintenance. The management plan should 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, and the appropriate authority should be satisfied with the submitted details; and

b)    evidence that these responsibility arrangements will remain in place throughout the lifetime of the development should be provided to the Local Planning Authority.

vi.    The need to detail measures to manage flood risk, both on and off the site, during the construction phase. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development.

Reason: These details are required prior to commencement of works to ensure the provision of an integrated sustainable drainage scheme having regard to Policy SRM2 of the Rother Local Plan Core Strategy (2014) and Policy DEN5 of the Development and Site Allocations Local Plan (Proposed Submission October 2018).

 

4.     No development shall take place until an Ecological Design Strategy (EDS) addressing mitigation and compensation for the loss of dormouse, bat and reptile habitat and enhancement of the site for biodiversity has been submitted to and approved by the Local Planning Authority. The EDS shall include the following:

a)    purpose and conservation objectives for the proposed works;

b)    review of site potential and constraints;

c)     detailed design(s) and/or working methods to achieve the stated objectives;

d)    extent and location/area of proposed works on appropriate scale maps and plans;

e)    type and source of materials to be used where appropriate e.g. native species of local provenance;

f)      timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

g)    persons responsible for implementing the works;

h)    details of initial aftercare and long-term maintenance;

i)       details for monitoring and remedial measures; and

j)      details for disposal of any wastes arising from the works.

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: These details are required prior to commencement of works to ensure that any adverse environmental impacts of development activities can be mitigated, compensated and restored and that the proposed design, specification and implementation can demonstrate this.

 

5.     The tree works associated with the development hereby approved shall be carried out in accordance with the Arboricultural Assessment and Preliminary Method Statement, ref: NJCL 238-1, dated 15 March 2019 unless otherwise agreed in writing by the Local Planning Authority.

Reason: 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.

 

6.     The construction of the development hereby permitted shall be carried out in accordance with the Construction Management Plan reference ‘Bachelors Bump – Construction Management Plan Revision 003’ unless otherwise agreed in writing by the Local Planning Authority (in consultation with Highways England). 

Reason: These details are required prior to commencement of works to ensure the A259 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980, to minimise avoidable congestion associated with the construction phase and to satisfy the reasonable requirements of road safety.

 

7.     No part of the development hereby permitted shall be commenced until the highway improvements to the A259 junction with the site access has been constructed and opened to traffic in accordance with GTA Drawing No. 7217_105 (Northern Site Proposed Access) or other such scheme of works substantially to the similar effect as approved in writing by the Local Planning Authority (in consultation with Highways England). 

Reason: To ensure that the A259 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety.

 

8.     No part of the development shall be occupied for its permitted use until the developer has entered into a section 278 legal agreement with the County Council Highway Authority to carry out improvements to the bus stops located at the White Hart Public House to the northeast of the site. The improvements shall thereafter be carried out as agreed with the Highway Authority prior to the occupation of the third house in the development or in accordance with a programme that is otherwise agreed in writing by the Local Planning Authority.

Reason: To encourage sustainable forms of transport coming to and from the site in accordance with Policy TR2 of the Rother Local Plan Core Strategy.

 

9.     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 dwellings 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 of development in the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy and Policy DEN1 of the Development and Site Allocations Local Plan Proposed Submission.

 

10. No external lighting other than the motion sensor porch lights to the front of the dwellings hereby approved shall be provided in any domestic curtilage, and no street lighting shall be provided anywhere on the site, without a further planning permission.

Reason: In order to limit any adverse impact on dark night skies having regard to the character of the rural area and in accordance with Policies OSS4 (iii) and EN1 (vii) of the Rother Local Plan Core Strategy.

 

11. No development above ground level shall commence until details for the landscaping of the site have been submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)    indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development;

b)    a planting plan with schedule of plants/trees, noting species, plant sizes and positions; and

c)     such details shall specifically address the need to ensure appropriate landscaping on the main road frontage as part of the new access arrangement and appropriate landscaping on the boundaries to the site to the surrounding countryside.

Reason: To enhance the appearance of the development having regard to the rural location of the site on the edge of the High Weald Area of Outstanding Natural Beauty in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy and Policy DEN1 of the Development and Site Allocations Local Plan Proposed Submission.

 

12. No development in respect of any of the following matters shall commence until full details have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved and to a programme to be agreed:

a)    proposed finished levels or contours;

b)    means of enclosure (fences and walls); and

c)     hard surfacing materials.

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

 

13. Prior to occupation of the development, evidence (including photographs) shall be submitted showing that the sustainable drainage system has been constructed in full accordance with the final agreed detailed drainage designs.

Reason: To ensure the proper completion of the integrated sustainable drainage scheme having regard to Policy SRM2 of the Rother Local Plan Core Strategy (2014) and Policy DEN5 of the Development and Site Allocations Local Plan (Proposed Submission October 2018).

 

14. Prior to the occupation of any of the dwellings hereby permitted a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority. The content of the LEMP shall include the following:

a)    description and evaluation of features to be managed;

b)    ecological trends and constraints on site that might influence management;

c)     aims and objectives of management;

d)    appropriate management options for achieving aims and objectives;

e)    prescriptions for management actions, together with a plan of management compartments;

f)      preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period;

g)    details of the body or organisation responsible for implementation of the plan; and

h)    on-going monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plants shall also set out (were the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason: Biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long term management of habitats, species and other biodiversity features having regard to Policy EN5 of the Rother Local Plan Core Strategy (2014) and Policy DEN4 of the Development and Site Allocations Local Plan (Proposed Submission October 2018).

 

15. Prior to the occupation of any of the dwellings hereby permitted the car parking spaces and turning areas shall be constructed and provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The parking areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles. The turning spaces shall thereafter be retained at all times for this use and shall not be obstructed.

Reason: To ensure the provision of adequate on-site parking and turning facilities that do not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policy TR4 of the Rother Local Plan Core Strategy.

 

16. No dwelling hereby permitted shall be occupied until the cycle stores/sheds have been provided in accordance with the details submitted, as shown on Drawing No. BBP-1007-102, Revision D, dated 29.05.2019. The area[s] shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

Reason: To ensure the provision of alternative travel options to the use of the car in accordance with current sustainable transport policies in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

 

17. No part of the development shall be occupied until the new road, footways and parking areas serving the development have been constructed, surfaced, drained and lit in accordance with plans and details submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the development is adequately serviced so that it does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policy TR4 of the Rother Local Plan Core Strategy.

 

18. 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 in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

19. No development shall take place until the applicant has undertaken an archaeological field evaluation to clarify the significance of the site, in accordance with the approved written scheme of investigation, dated July 2019. A written record of any undertaken works and findings shall be submitted to the Local Planning Authority within three months of the completion of any archaeological investigation, unless an alternative timescale for submission of the report is first agreed in writing with the Local Planning Authority.

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy (2014).

 

NOTES:

 

1.     The following plan is not approved:

BBP-1007-102 Rev. D Proposed Materials Layout. External materials for the dwellings are to be agreed pursuant to Condition 9.

 

2.     The proposed development will be subject to the Community Infrastructure Levy (CIL).

 

3.     The improvement to the A259 access as shown on GTA Drawing No. 7217_105 (Northern Site Proposed Access) has been accepted by Highways England only on the basis of the proposed development of 10 dwellings. Any further intensification of use of this access by further development would require review and potential upgrade of this junction in line with the relevant requirements of the Design Manual for Roads and Bridges.

 

4.     Works affecting the Public Highway – Section 175(b) of the Highways Act 1980 (as inserted via The Infrastructure Act 2015) requires those proposing works affecting the public highway to enter into an agreement with the Strategic Highway Authority (Highways England).  This development involves work to the public highway that can only be undertaken within the scope of a legal Agreement between the applicant and Highways England.  Planning permission in itself does not permit these works.

 

5.     The County Highway Authority would wish to see the roads within the site laid out and constructed to standards at, or at least close to, adoption standards.

 

6.     The County Authority’s requirements associated with this development proposal will need to be secured through a Section 106/278 Legal Agreement between the applicant and East Sussex County Council.

 

7.     The applicant is reminded that any findings from the archaeological investigations may result in amendments required to the layout and/or construction of the development hereby approved, which may require a new application to be submitted to the Local Planning Authority.

 

8.     The developer is advised that the trees to remain on site (particularly around the site’s perimeter) should remain in perpetuity and will be considered for a Tree Preservation Order.

 

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, assessing the proposal against all material considerations, including planning policies and any representations that have been received, negotiating amendments to the scheme 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.