Agenda item

RR/2019/666/P - Battle - The Meads - Land at, 12 Isherwood

Minutes:

DECISION: GRANT (OUTLINE PLANNING)  

 

CONDITIONS:

 

1.               Approval of the details of layout, appearance, landscaping and scale (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development commences on each phase of the development. 

            Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

2.         Plans and particulars of the reserved matters referred to in Condition 1 aboveshall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

            Reason: In accordance with the requirements of Article 4(1) of the Town and Country Planning (Development Management Procedure) Order 2010.

 

3.         Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 

            Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

4.         The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

            Reason: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

5.         The development hereby permitted shall be carried out in accordance with the following approved plan:

Drawing No. 6018/LBP/C dated August 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.

 

6.         Pursuant to Condition 1, details shall be submitted of the finished ground floor levels for any building(s) on the site in relation to existing and proposed site levels, the adjacent road and adjacent properties, together with details of levels of all accesses, to include pathways, driveways, steps and ramps. Any development shall subsequently be carried out in accordance with the approved details.

            Reason: To protect the character and appearance of the locality and the living conditions of occupants of neighbouring properties in accordance with Policy OSS4 (ii) and (iii) of the Rother Local Plan Core Strategy. 

 

7.         The soft landscaping details to be submitted pursuant to Condition 1 shall include the following:

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

b)   design, layout and appearance of structural and amenity green space, including verges;

c)   planting plans;

d)   written specifications (including cultivation and other operations associated with plant and grass establishment);

e)   schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and

f)    details for implementation.

The development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

Reason: To ensure the creation of a high quality public realm and landscape setting that enhances the landscape and scenic quality of the High Weald Area of Outstanding Natural Beauty (AONB) in accordance with Policies EN1 and EN3 of the Rother District Local Plan Core Strategy.

 

8.         Within the details required under Condition 1, proposals for the siting and form of bins for the storage and recycling of refuse within the site (internally or externally), and a collection point, shall be submitted for the consideration and subsequent approval of the Local Planning Authority. The approved details shall be implemented prior to the occupation of any dwellings and thereafter continued, with all bins and containers available for use, maintained and replaced as need be.

Reason: In the interests of providing sustainable development and protect and safeguard the residential and visual amenities of the locality in accordance with Policy OSS4 (i), (ii) and (iii) of the Rother Local Plan Core Strategy.

           

9.         Within the details required under Condition 1, a scheme for the provision of foul water drainage works and surface water drainage shall be submitted for the consideration and subsequent approval of the Local Planning Authorityand none of the dwellings shall be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: These details are integral to the whole development and are therefore required as part of the design and layout for the site and prior to commencement of works to prevent the increased risk of flooding, to improve and protect water quality, and ensure future maintenance of the surface water drainage system in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and paragraphs 100 and 103 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

10.       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 method of access and egress and routeing of vehicles during construction;

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

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

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

e)    the erection and maintenance of security hoarding;

f)      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);

g)    details of public engagement both prior to and during construction works; and

h)    details of the management of the public footpaths during construction to allow pedestrian use.

Reason:  In the interests of highway safety and the amenities of the area in accordance with Policies OSS4 (ii) and TR3 of the Rother Local Plan Core Strategy.

 

11.     No development in respect of the dwellings or any retaining structures shall take place until details of a full site investigation, including stability report, with a scheme for remedial/preventative works, has been submitted to and approved in writing by the Local Planning Authority and the development shall be completed in accordance with the approved details.

Reason: The application site is within an area of unstable land and in order to safeguard the safety of future occupiers of the land, in accordance with the requirements of Policy OSS3 (viii) of the Rother Local Plan Core Strategy.

 

12.       Prior to the occupation of the development, a landscape management plan, including management responsibilities and maintenance schedules for the site including any communal hard and soft landscape/open space areas, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved.

Reason: To ensure a high quality public realm taking account of the characteristics of the locality and enhancing the landscape character and quality of the High Weald AONB in accordance with Policies OSS4 (iii), EN1 and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

13.       If within a period of five years from the date of occupation any retained tree, planted tree, or any tree 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 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 the landscape of the High Weald AONB in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.         The applicant/developer is advised that the submitted illustrative layout is not approved.

 

2.         The proposed development will be subject to the Community Infrastructure Levy at the reserved matters stage.

 

3.         This planning permission does not grant or imply the right to retain the part of the access that has been constructed on land not in the Applicant’s ownership. The applicant will need to seek the consent of the owners of the land not in their ownership to retain and carry out any subsequent maintenance works.

 

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.

 

Supporting documents: