RM

DECISION: GRANT (FULL PLANNING)

The Committee had visited the site as part of their site inspections.  The proposal was for a substantial rear three storey extension, which would extend across a large part of the yard at the back of the property, and the change of use of the ground floor to Class A2 Financial and Professional Services and the second and third floors to 10 self-contained flats. 

Up until June 2019, the property was trading as a Hotel/Public House.  The property was now empty and boarded up.  It was located on the northern side of London Road, close to the King Offa Way (A259) and Combe Valley Way (A269) junction and was surrounded by commercial and residential properties.

Members heard from the Applicant’s Agent who outlined the history and proposed development of the site, as well as the local Ward Members who were present at the meeting and were both in favour of supporting approval of the application.

Members discussed the acceptability of the proposal, the unsuccessful marketing of the property as a Hotel/Public House or community venue by the Marketing Agents and in weighing up all the issues, including the lack of a current 5-year supply of land for housing, considered that the development proposed would regenerate the area and significantly improve the gateway to Bexhill.  The current site was considered an eyesore and the majority of Members felt that redevelopment was appropriate and would significantly enhance the location.  It was felt that attractive small office space and 10 flats within the town would be in demand and that the development was sustainable and in an accessible location within walking distance of local amenities and transport links.  Therefore the Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider).   

Councillor Curtis moved the motion to approve (Full Planning) and this was seconded by Councillor Coleman.  Resolution voted on – the motion was CARRIED (9 for / 4 against).

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:

Drawing Nos: 5912-19-EX1; 5912-19-EX2; 5912-19-EX3; 5912-19-EX4; 5912-19-2-B; 5912-19-3-B; 5912-19-3; 5912-19-4-B; 5912-19-3B; 5912-19-6; 5912-19-LBP-D

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

3.     Prior to commencement of the development hereby permitted, a detailed scheme for sound insulation within party walls and floors between the commercial and residential units, designed to achieve a sound insulation value of 5dB better than that required by Approved Document E performance standard for airborne sound insulation for floors and walls of purpose built dwelling-houses and flats, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be installed prior to first occupation of the development hereby approved and thereafter retained.

Reason: To ensure that the development provides an acceptable level of amenity for future occupiers in accordance with Policy OSS4 of the Rother Local Plan Core Strategy and that appropriate internal noise conditions will be achieved as per BS8233:2014.

4.     Prior to the commencement of the development hereby permitted, details of the materials to be used in the construction of the external surfaces of the extension 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 HG9(ii) of the Rother Development and Site Allocations Plan (DaSA).

5.     The dwellings hereby permitted shall not be occupied until the accesses and parking areas have been laid out within the site in accordance with the details shown on approved Drawing No. 5912-19-5-D. Thereafter the approved parking areas shall be used for the parking of motor vehicles only.

Reason: To ensure adequate off-street parking for the dwellings and in the interests of highway safety, having regard to Policies CO6 (ii) and TR4 (i and iii) of the Rother Local Plan Core Strategy and Policy DHG7 (ii) of the DaSA.

6.     The dwellings hereby permitted shall not be occupied until the refuse and recycling enclosures, the form of which shall previously have been submitted to and agreed in writing by the Local Planning Authority, have been provided within the site in the location shown on approved Drawing No. 5912-19-1-D.  Thereafter these areas shall be used for the storage of waste only.

Reason: To ensure sufficient bin storage and collection points are provided for the dwellings and in the interests of visual amenity, having regard to Policy OSS4 of the Rother Local Plan Core Strategy and Policy DHG7 (iii) of the Rother DaSA.

7.     The dwellings hereby permitted shall not be occupied until 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 dwellings in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother DaSA.

8.     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 dwellings are 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 DaSA.

9.     Before the permitted works are first commenced, a Construction Management Plan shall be submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highway Authority.  The Plan shall cover such matters as the location of the areas to be used for the storage and parking of materials, equipment, machinery and vehicles whilst the development is undertaken, how the delivery of materials, equipment and machinery will be handled, the hours between which development will be carried out, the measures to be taken to contain the dispersal of dust generated by the development, the facilities to be provided for the washing of vehicle-wheels as they leave the site, the measures to be taken to keep the highway in the vicinity of the site clean and free of debris from the development and such other matters as may arise in terms of containing the impact of the carrying-out of the permitted development.

Reason: To minimise the impact of the development on highway safety, the amenity of the area and on the occupiers of nearby residential properties.

10. Before the development hereby permitted is first commenced, a Travel Plan covering both the residential and business use of the premises shall be submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highway Authority. The Travel Plan shall provide incentives for occupiers of the flats and those working at the site to use public transport.

Reason: In the interests of enhancing the sustainability credentials of the development and to encourage those living and working at the site to use non-car modes of transport.

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/CIL for further information and the charging schedule.

2.     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.

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.     This permission includes condition(s) requiring the submission of details prior to the commencement of development. Following close consideration in the courts, it is now well established that if the permission contains conditions requiring further details to be submitted to the Council or other matters to take place prior to development commencing and these conditions have not been complied with, the development may be unlawful and not have planning permission.  You are therefore strongly advised to ensure that all such conditions have been complied with before the development is commenced.  A fee is payable for written requests for compliance with conditions; the current fee is £34.00 for each request for householder developments and £116.00 for each request for all other categories of development.  The appropriate 1APP form can be downloaded from the Council's Planning website www.rother.gov.uk/planning.

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 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.

(Councillor Bayliss declared a personal interest in this matter in so far as she was the local Ward Member and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillors Coleman and Thomas each declared a personal interest in this matter in so far as they had frequented the premises when it was a Public House and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(Councillor Courtel declared a personal interest in this matter in so far as he was the local Ward Member and lived in the road adjacent to the site and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

(When it first became apparent Councillor Curtis declared a personal interest in this matter in so far as he had frequented the premises when it was a Public House and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).