DECISION: APPROVE (RESERVED MATTERS)

CONDITIONS:

1.  The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Drawing Nos:

BA1785.01 rev. A, dated Feb 2019

BA1785.28 rev. D, dated Jul 2020 (block plan)

BA1785.29 rev. D, dated Jul 2020 (plot one)

BA1785.30 rev. G, dated Jul 2020 (plot two)

BA1785.31 rev. E, dated Jul 2020 (plot three)

BA1785.41 rev. E, dated Jul 2020 (long sections)

BA1785.43 and 45 rev. A, dated Jul 2020 (sections)

BA1785.41 rev. D, dated Jul 2020 (drainage)

Landscape specification written details, dated July 2020.

Planting Plan, WOHCL.PP1, dated July 2020.

BA1785, Project Materials Schedule, plot 1, 2 and 3. Submitted July 2020

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

2.  No development shall take place and no equipment, machinery or materials shall be brought onto the site until fencing for the protection of the trees on the boundaries of the site has been provided in accordance with the details of the root protection areas set out on Drawing No. WOHCL.PP1, dated July 2020 and in accordance with the recommendations of BS 5837:2012 (Trees in relation to design, demolition and construction) and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, unless otherwise agreed in writing with the local planning authority.

Reason: A pre-commencement condition is necessary in order to protect the health of the boundary trees which contribute positively to the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), EN1 (i) and EN5 (viii) of the Rother Local Plan Core Strategy.

3.   The development shall not be occupied until the parking and turning areas have been provided in accordance with the approved plan, Drawing No. BA1785.28 rev. D, dated Jul 2020 and the areas shall thereafter be retained for that use and shall not be used other than for the parking and turning of motor vehicles.

Reason: To provide on-site parking and turning areas to ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policy TR4 (i) of the Rother Local Plan Core Strategy.

4.   The development shall not be occupied until the garden sheds/cycle store have been provided in accordance with the approved plan BA1785.28 rev. D, dated Jul 2020 and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles and the storage of domestic items.

Reason: In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development in accordance with Policies OSS4 (ii) & TR3 of the Rother Local Plan Core Strategy.

5.   Notwithstanding that shown on the approved drawings or set out in BA1785, Project Materials Schedule, Plot 1, 2 and 3, submitted July 2020, the ‘Hardi Plank’ cladding shown at first floor level on Plots 2 and 3 is not approved. Prior to any development above ground details of the first-floor cladding material for Plots 2 and 3, which shall be a clay tile, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved first floor cladding materials and all other materials shall be as set out in BA1785, Project Materials Schedule, Plot 1, 2 and 3, submitted July 2020 unless an alternative finish is otherwise first submitted to and approved in writing by the local planning authority.

Reason: To ensure that the development is in character with its surroundings in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

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/CILfor further information and the charging schedule.

2.   The Applicant is reminded that under the Wildlife and Countryside Act 1981 (Section 1) it is an offence to take, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Trees and scrub are likely to contain nesting birds between 1 March and 31 July. Trees and scrub are present on the application site and should be assumed to contain nesting birds between the above dates unless a survey has shown it is absolutely certain that nesting birds are not present.

3.   The Applicant is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning permission for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. Separate licences and consents may be required to undertake work on the site where protected species are found, and these should be sought before development commences.

4.   This reserved matters planning permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 attached to outline planning permission RR/2019/158/P.

5.   The conditions imposed on the outline planning permission RR/2019/158/P continue to apply to this development.

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraphs 186 and 187) 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.

(Councillor Mrs Cook declared a personal interest in this matter in so far as she was a member of Battle Heritage Group as part of the Neighbourhood Planning Group on Battle Town Council as a Councillor for Marley Ward, worshiped at the St. Mary’s Church with one of the speakers who spoke against the application and in 2007/2008 was employed by the father of the owner of a neighbouring property and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).