DECISION:  GRANT (FULL PLANNING) DELEGATED SUBJECT TO OFFICER APPROVAL OF AMENDED DRAWINGS, FINALISATION OF PLANNING CONDITIONS AND COMPLETION OF A SECTION 106 AGREEMENT RELATING TO:

 

·         Provision of 4 x 2-bed flats as Affordable Rent (inc. 2 x wheelchair accessible) and nominations agreement or payment in lieu (£115,453) in the event that it is demonstrated that a Registered Provider cannot be found to take the units and subject to a review mechanise to secure 60% of an uplift in value.

·         2 Self-build plots, subject to a 12-month marketing campaign to identify purchasers, failing which they would revert to market sale.

·         Highway works comprising off-site improvements to pavements and bus stops off to be agreed with the County Highway Authority.

 

CONDITIONS [SUBJECT TO REVISIONS AS INDICATED BELOW]:

 

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 [TO BE REVISED ON APPROVAL OF AMENDED DRAWINGS]:

• A-1000/PL/C (Site Location Plan), dated 26 November 2019
• A-1005-PL/L (Site Layout), dated 17 September 2020 [subject to relocation of bin/cycle store and additional block paving]
• C-1005-PL/L (Site Layout Colour), dated 17 September 2020 [subject to relocation of bin/cycle store; additional block paving and provision of clay tiles to plots 9 & 10]
• C-3100-PL/A (3BH6 - Plot 1 plans and elevations), dated 12 June 2020
• C-3105-PL/B (Plots 2-4, 6-8, 9-10 plans), dated 16 September 2020
• C-3106-PL/B (Plots 2-4, 6-8, 9-10 elevations), dated 16 September 2020 [subject to change from slate to clay roof tiles]
• C-3110-PL/B (1BFOG - Plot 5 plans and elevations), dated 18 September 2020
• C-3120-PL/B (FLAT BLOCK - Plots 11-14 plans and elevations), dated 17 September 2020
• C-3125-PL/A (3BH1+2BH1 - Plots 15-16), dated 12 June 2020
• C-3130-PL/A (2BH1x2 + 3BH1 - Plots 17-19 plans and elevations), dated 12 June 2020
• C-3135-PL/A (3BH1+3BHT - Plots 20-24 plans and elevations), dated 12 June 2020 [subject to revision to show lower eaves height]
• C-3140-PL/B (4BH1 - Plots 25-26 plans and elevations), dated 18 September 2020
• C-3145-PL/B (4BH1 - Plots 27-30 plans and elevations), dated 18 September 2020
• C-3150-PL/B (3BH5 x2 Plots 31-32 plans and elevations), dated 18 September 2020
• C-3155-PL/B (3BH4 x2 - Plots 33-34 plans and elevations), dated 17 September 2020
• A-1007-PL/E (Refuse Collection Plan), dated 23 September 2020 [subject to relocation of bin/cycle store]
• A-1008-PL/D (Parking Plan), dated 22 September 2020 [subject to relocation of bin/cycle store]
• C-1010-PL/D (Street Elevations A+C), dated 23 September 2020
• C-1011-PL/C (Street Elevations B+D), dated 18 September 2020

The following drawings are not approved:

• PJC-0858-001/C (Landscape Strategy Masterplan), dated 22 June 2020
• PJC-0858-001/C (Landscape Masterplan - Illustrative), dated 22 June 2020

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

 

3.    No development approved by this planning permission, including any ground works or works of demolition, shall commence 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 and shall include (but not be restricted to) the following matters:

a)    the anticipated number, frequency and types of vehicles used during construction;

b)    the method of access and egress and routeing of vehicles during construction;

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

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

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

f)     the erection and maintenance of security hoarding;

g)    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);

h)    details of measures to manage flood risk, both on and off the site, during the construction phase; and

i)      details of public engagement both prior to and during construction works.

Reason: A pre-commencement condition is required in the interests of highway safety and for the benefit and convenience of the public at large having regard to Policies OSS4 (ii), CO6 (ii) and TR3 of the Rother Local Plan Core Strategy.

 

4.    No development approved by this planning permission, including any ground works or works of demolition, shall commence until a site specific arboricultural method statement is submitted to and approved in writing by the Local Planning Authority, based on the guidance provided by the submitted Arboricultural Impact Assessment, Ref No. 5336-LLB-RP-AB-0002-S4-P02, dated 03.12.19. The approved tree protection fencing shall be erected prior to any works on site and shall be retained throughout the construction period in accordance with measures to be agreed through this condition.

Reason: To ensure that the development takes proper account of existing trees to be safeguarded to enhance the appearance of the development in accordance with Policy EN3 (e) of the Rother Local Plan Core Strategy.

 

5.    No development approved by this planning permission shall commence until a scheme of the working hours during the construction has been submitted to and approved in writing by the Local Planning Authority. Unless alternative times are specifically agreed construction activities associated with the development hereby permitted shall not be carried out other than between the hours of 08:00 and 18:00 hours on Mondays to Fridays inclusive and 08:00 and 13.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays.

Reason: A pre-commencement condition is required from the outset to ensure highway safety and so as not to unreasonably harm the amenities of adjoining properties in accordance with Policies OSS4 (ii) and CO6 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

6.    No development approved by this planning permission shall commence until a scheme for the control of noise and dust during construction shall be submitted to and approved in writing by the Local Planning Authority. Development work should be carried out in accordance with the approved scheme and no bonfires will be permitted on site.

Reason: A pre-commencement condition is required so that development from its outset does not unreasonably harm the amenities of adjoining properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

7.    No development approved by this planning permission shall commence until:

a)    details of the proposed means of foul sewerage disposal; and

b)    measures which will be undertaken to protect the public sewers have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Southern Water.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

8.    No development approved by this planning permission shall commence until a detailed surface water drainage system has been submitted to and approved in writing by the Local Planning Authority. The surface water drainage system shall incorporate the following:

a)    Detailed drainage drawings and hydraulic calculations. The hydraulic calculations shall take into account the connectivity of the different surface water drainage features. The calculations shall demonstrate that surface water flows can be limited to the greenfield runoff rates for rainfall events with an annual probability of occurring greater than 1 in 2.33 and mean annual discharge (Qbar) for rainfall events with an annual probability of occurrence less than 1 in 2.33, including those with a 1 in 100 (plus climate change) annual probability of occurrence. An allowance for urban creep (recommend 10% increase in impermeable area) shall be incorporated within the calculations.

b)    Evidence that hydraulic calculations have taken into account a surcharged outfall based on the predicted 1 in 100 flood level. This is because surface water outfall is most likely to be surcharged due to high river levels in the receiving watercourse.

c)    The details of the outfall of the proposed drainage system and how it connects into the watercourse shall be submitted as part of a detailed design including cross sections and invert levels.

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

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

9.   No development approved by this planning permission shall commence until a maintenance and management plan for the entire drainage system has been submitted to the Local Planning Authority to ensure that the designed system takes into account design standards of those responsible for maintenance. The management plan shall 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.

b)    Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development These details shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

10.Prior to occupation of the development, evidence (including photographs) shall be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs.

Reason: To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

11. No above ground works shall commence until details of the following have been submitted and approved by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details:

a)    1:10 scale drawings of proposed details including fenestration, eaves details, dormer windows, porches, chimneystacks, and utility boxes (including the location of such boxes on the buildings).

b)    Samples of the materials to be used in the construction of all external faces of the buildings, including the clay tiles to be used for the roof tiles.

c)    The proposed site levels and finished floor levels of all buildings in relation to existing site levels, and to adjacent highways and properties (including levels of paths, drives, steps and ramps).

Reason: To ensure a high building appearance and architectural quality, which reflects the character of the town, in accordance with Policy EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

12.  No above ground works shall commence until the following public realm and hard landscaping details have been submitted and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

a)    Boundary treatments (plot and other) and any other means of enclosure (fences, railings and walls) indicating the locations, type, design, height, and materials of such.

b)    Hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hardstandings).

c)    Street furniture, signage and lighting, where relevant, including proposed locations.

Reason: To ensure the creation of a high quality public realm, design quality, and landscape setting, in accordance with Policy EN3 and EN1 of the Rother District Local Plan Core Strategy.

 

13.  The soft landscaping information on Drawings PJC-0858-001/C (Landscape Strategy Masterplan), dated 22 June 2020 and PJC-0858-001/C (Landscape Masterplan - Illustrative), dated 22 June 2020 are not approved. No above ground works shall commence until the following soft landscaping details have been submitted and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

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)    Planting plans, including landscape and ecological mitigation (buffer planting and green buffers).

c)    Schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

d)    Details for implementation, including written specifications for cultivation and other operations associated with plant and grass establishment).

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 AONB] in accordance with Policies EN1 and EN3 of the Rother District Local Plan Core Strategy.

 

14.  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 10 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 and the landscape of the High Weald AONB in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy.

 

15.  No dwelling shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans or details which have been first submitted to and approved in writing by the Local Planning Authority and the cycle parking spaces shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

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 (i) & TR3 of the Rother Local Plan Core Strategy.

 

16.  No dwelling shall be occupied until boundary treatment has been erected in accordance with details (including a plan indicating the positions, design, height, materials and type of boundary treatment to be erected) which have been first submitted to and approved in writing by the Local Planning Authority. Once erected the approved boundary treatment shall thereafter be retained.

Reason: To safeguard the amenities of neighbouring properties, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

 

17.  No development shall be occupied until the vehicular access serving the development has been constructed in accordance with the approved drawing and as amended as part of the section 278 agreement and detailed design.

      Reason:  To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

 

18.  No dwelling shall be occupied until parking areas relating to that dwelling have been provided in accordance with the approved plans/details. The areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.

      Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

 

19.  No dwelling shall be occupied until cycle parking areas relating to that dwelling have been provided in accordance with the approved plans. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

      Reason: In order that the development site is accessible by non car modes and to meet the objectives of sustainable development.

 

20.  The new estate roads shall be designed and constructed to a standard approved by the Planning Authority in accordance with Highway Authority’s standards with a view to their subsequent adoption as publicly maintained highway.

      Reason: In the interest of highway safety and for this benefit and convenience of the public at large.

 

21.  Prior to the commencement of development on site, detailed drawings, including levels, sections and constructional details of the proposed roads surface water drainage, outfall disposal and street lighting to be provided, shall be submitted to the Planning Authority and be subject to its approval, in consultation with the Highway Authority.

      Reason: In the interests of highway safety and for the benefit and convenience of the public at large.

 

22.  No dwelling shall be occupied until the approved bin and recycling storage facilities to serve it have been provided in accordance with the approved plans and thereafter retained to that purpose.

Reason: To provide adequate big and recycling facilities and to protect the amenity of the locality in accordance with Policy OSS4 (i) and (iii) of the Rother Local Plan Core Strategy.

 

23.  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority), shall be carried out until a method statement detailing how the unsuspected contamination shall be dealt with has been submitted to and approved in writing by the Local Planning Authority and the works shall be completed in accordance with the approved method statement.

Reason: To prevent pollution of the water environment in accordance with Policy Paragraphs 118, 170 and 178 of the National Planning Policy Framework and Policy OSS3 (viii) of the Rother Local Plan Core Strategy.

 

24.  No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not contribution to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 170 of the National Planning Policy Framework.

 

25. The dwellings hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part 3 of Schedule 1 of the Building Regulations 2010 (as amended) for water usage.  The dwellings 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 dwellings have been constructed to achieve water consumption of no more than 110 litres per person per day.

Reason:  To ensure that the development is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2(v) of the Rother District Council Core Strategy and Policy DRM1 of the Rother District Development and Site Allocations Plan.

 

26. The dwellings hereby permitted shall be 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 except for plots 11-14, where the two ground floor flats shall be constructed in accordance with Part M4(3)(b) (wheelchair accessible 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 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.

 

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 granting of planning permission neither grants nor implies any right of way to gain access to the site.

 

3.    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.

 

4.    Conditions 26 & 27:  The Applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions 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.

 

5.    The landowner and/or developer 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.

      

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. 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.