DECISION: GRANT (FULL PLANNING) DELEGATED SUBJECT TO COMPLETION OF A SECTION 106 IN RELATION TO

·         AFFORDABLE HOUSING PROVISION

·         PROVISION OF OFF-SITE BUS STOPS AS REQUIRED BY EAST SUSSEX COUNTY COUNCIL HIGHWAYS

 

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:

Proposed site plan: Drawing No. 29379A \ 10 B         

Proposed mix plan: Drawing No. 29379A \ 15 B           

Parking strategy plan: Drawing No. 29379A \ 12 B       

Fire and access plan: Drawing No. 29379A \ 13 B         

Proposed refuse strategy: Drawing No. 29379A \ 14 B  

House types:

Plot 1: Drawing No. 29379A \ 61                                     

Plot 2 (handed) & 3: Drawing No. 29379A \ 58               

Plot 4, 5 & 6: Drawing No. 29379A \ 64                          

Plot 7, 20 (handed) & 23: Drawing No. 29379A \ 60 A   

Plot 8: Drawing No. 29379A \ 52                                     

Plot 9 & 10: Drawing No. 29379A \ 57                            

Plot 11: Drawing No. 29379A \ 54 A                               

Plot 12 & 13: Drawing No. 29379A \ 50              

Plot 14: Drawing No. 29379A \ 55

Plot 15, 16 (maisonette) & 17: Drawing No. 29379A \ 65           

Plot 15, 16 & 17 (1:50 scale): Drawing No. 29379A \ 67 

Plot 18 &19: Drawing No. 29379A \ 63                             

Plot 21 & 22: Drawing No. 29379A \ 68                          

Plot 24: Drawing No. 29379A \ 53 B                               

Plot 26 (handed) & 25: Drawing No. 29379A \ 62 B       

Existing and proposed site sections: Drawing No. 29379A/20 A               

Landscaping & construction plan: Drawing No. HAR-LAN-19022-9005 REV B

Landscaping & construction plan: Drawing No. HAR-LAN-19022-9405 REV C

Ecological Enhancement & Mitigation Plan (not including housing layout) part of Ecological Impact Assessment report - Drawing No. PJC/4274E/20.

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

 

PRE-COMMENCEMENT CONDITIONS:

 

3.    Development shall not commence until a drainage strategy detailing the proposed means of surface water disposal and an implementation timetable, has been submitted to and approved by the Local Planning Authority in consultation with the Southern Water, the Highway Authority (ESCC) and the Lead Local Flood Authority (ESCC - LLFA). The development shall be carried out in accordance with the approved scheme and timetable, so as to be implemented in full prior to the occupation of the dwellings.

(1)  The surface water drainage system shall incorporate the following:

a)   Detailed 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 a rate agreed to with East Sussex Highways without increasing flood risk. An allowance for urban creep (recommended 10% increase in impermeable area) shall be incorporated within the calculations.

b)   Discharge of surface water runoff from the application to a possible ordinary watercourse to the west of Fryatts Way should be thoroughly investigated before discharging into the highway drains. The investigation should include the watercourse’s condition and capacity to accommodate surface water runoff from the development, and negotiations with affected third parties. Evidence that the investigation was undertaken should be submitted to the Local Planning Authority and LLFA. 

c)   The detailed design shall include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely. The detailed design of the existing pond to provide surface water storage volume above the normal water level should be provided.

d)   The detailed design of the surface water drainage features (underground tanks and pond/swale) shall be informed by findings of groundwater monitoring between autumn and spring. The design should leave at least 1m unsaturated zone between the base of the drainage structures and the highest recorded groundwater level. If this cannot be achieved, details of measures which will be taken to manage the impacts of high groundwater on the hydraulic capacity and structural integrity of the drainage system should be provided.

(2)  A maintenance and management plan for the entire drainage system shall be submitted for the consideration and approval of the Local Planning Authority before any construction commences on site to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

a)    This plan shall 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 for the consideration and subsequent approval in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development. 

(3)  The Applicant shall 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.

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

Reason: To accord with the requirements of Southern Water, the Highway Authority, and the LLFA to ensure the satisfactory storage of/disposal of surface water from the site and to accord with Policy SRM2 of the Rother Local Plan Core Strategy. A pre-commencement condition is necessary to ensure that measures where necessary are put in place at the initial groundwork stage and thereafter built into the scheme to ensure satisfactory drainage. 

 

4.    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 any street lighting to be provided, shall be submitted to the Local 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.

 

5.    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)    A survey of the surrounding highway network (within Fryatts Way) comprising photographs of the road surface, kerbs, pavements, and verges, noting any existing damage, so as to allow the Highway Authority to assess the public highway during and after development in relation to any damage that may have been caused as a direct consequence of the construction traffic.

b)    The anticipated number, frequency and types of vehicles used during construction.

c)    The method of access and egress and routing of vehicles during construction; 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)    A ‘code of best practice’ to alleviate any impacts on local residents during construction, in respect of the management of construction traffic including deliveries of building materials to the site, and minimising dust.

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

Reason: To maintain the free flow of traffic along the highway and to prevent contamination and damage to the adjacent roads, 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.

 

6.    No development shall commence until tree protection measures have been put in place in accordance with the detail contained in the ‘Arboricultural Report: Tree Survey: Arboricultural Impact Assessment and Tree Protection Plan (February 2020)’ the approved protection measures shall be retained in situ for the duration of construction works.

Reason: To ensure the protection of trees 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.

 

7.    No development shall take place until the Applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation, which has been submitted to and approved in writing by 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.

 

OTHER CONDITIONS:

 

8.    No development above ground level shall take place on any part of the site until the soft landscaping details [for that part of the site] have been submitted to and approved by the Local Planning Authority, which shall include:

a)    Planting plans.

b)    Written specifications (including cultivation and other operations associated with plant and grass establishment).

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

d)    Implementation programme.

If within a period of five years from the date of the planting of any tree, that 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 ensure the creation of a high-quality public realm and landscape setting in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

9.    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 drawings of proposed building details including fenestration, eaves details, barge boards, porches, dormers, roof-lights, chimneystacks, pipes, and vents.

b)    Samples of the materials to be used in the construction of all external faces of the buildings.

Reason: To ensure a high building appearance and architectural quality, to ensure that the development where practical reflects the character and/or appearance of the local area and to preserve the visual amenities of the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

10. 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)    Proposed finished levels or contours.

b)    Boundary treatments and other means of enclosure (fences, railings, walls and hedges) indicating the locations, and 1:20 scale typical elevation drawings indicating design, height, materials of such.

c)    Specification/samples of hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hard-standings, kerbs and tactile paving).

d)    Any street furniture, signage and lighting, bollards and other such items, including proposed locations.

Reason: To ensure the creation of a high-quality public realm, landscape setting, minimal impact upon retained trees and architectural quality in accordance with Policies EN3, EN4 and EN1 of the Rother Local Plan Core Strategy.

 

11. Details of the layout of the new accesses and the specification for the construction of the accesses shall be submitted for the consideration and subsequent approval in writing of the Local Planning Authority, in consultation with the Highway Authority, and the development shall not be occupied until the construction of the access has been completed in accordance with the approved specification.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway, and to accord with Policy TR3 of the Rother Local Plan Core Strategy.

 

12. The accesses shall not be used until appropriate visibility splays are provided in each direction. The splays are to be cleared of all obstructions exceeding 600mm in height and kept clear thereafter.

Reason: In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway, and to accord with Policy TR3 of the Rother Local Plan Core Strategy. 

 

13. The development shall not be occupied until parking areas have been provided in accordance with the details shown on Drawing No. 29379A \ 12 B, and the area 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, and to accord with Policy TR4 of the Rother Local Plan Core Strategy.

 

14. The development shall not be occupied until cycle parking areas/facilities have been provided in accordance with the approved plans/details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas/facilities 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, and to accord with Policy TR3 of the Rother Local Plan Core Strategy. 

 

15. The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the details shown on Drawing No. 29379A \ 12 B, and the turning space shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway, and to accord with Policy TR3 of the Rother Local Plan Core Strategy.

 

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

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

 

17. A Travel Plan Statement is required in association with this development to ensure that private car trips to and from the site are reduced. This shall be submitted prior to the occupation of the dwellings for the consideration of the Local Planning Authority in consultation with the Highway Authority. The travel plan should include targets for reduced car use and a monitoring programme to ensure these targets are met. As a minimum it is normally expected to include the following: 

a)    A description the site, its existing and proposed use, the number of residents.

b)    An assessment of the site’s travel opportunities.

c)    Objectives - usually derived from analysis included in the Transport Statement.

d)    An explanation of the proposed package of Travel Plan measures.

e)    A commitment to marketing and promoting the measures, sustainable travel facilities.

f)     A resident notice board / public notice board providing information on sustainable travel modes.

g)    The provision for one month free travel on bus service 11, followed by three months discounted travel (this would need to be arranged between the developer and Bexhill Community Bus.

The Travel Plan once approved shall thereafter be implemented as specified within the approved document.  The Travel Plan shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport and/or as advised by the Highway Authority.

Reason: In order that the development site is accessible by non- car modes and to meet the objectives of sustainable development and in accordance with Policies TR2 and TR3 of the Rother Local Plan Core Strategy.

 

18. The ecological mitigation measures set out in the Ecological Impact Assessment (26 June 2020) report shall be carried out in full in accordance with the timings in the report and shall be completed prior to the occupation of the dwellings. No works affecting protected species, or their habitat shall be carried out without first the necessary licence(s) being obtained through Natural England. This shall include the proposed closure of the on-site badger sett, which pursuant to the necessary licence being obtained shall only be carried out in accordance with the badger mitigation strategy (David Archer Associates, June 2020) unless otherwise varied by Natural England.

Reason: to ensure the protection of protected species in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

19. No phase of the development hereby permitted shall be brought into use until the archaeological site investigation and post - investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) for that phase has been completed and approved in writing by the Local Planning Authority. The archaeological site investigation and post - investigation assessment will be undertaken in accordance with the programme set out in the written scheme of investigation approved under Condition 7.   

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.

 

20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no building or structure shall be erected, constructed or stationed on the land identified as ‘Sustainable Drainage System/Ecology Landscape Area’ within the southern part of the site and shown on Drawing No. PJC/4274E/20.

Reason: In the interests of protecting residential amenity, the existing trees, and providing wildlife mitigation measures in accordance with Policies OSS4 (ii)(iii) and EN5 of the Rother Local Plan Core Strategy.

 

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), with respect to the western facing (front) roof slopes of the dwellings on Plots 1, 7, 9 and 10 fronting Fryatts Way and the northern (rear) roof slopes of the dwellings on Plots 20, 21, 22 and 23 facing  the property known as ‘Welton’ to the north, no additions to the roof of that dwelling house (including dormer windows) as defined within Class B of Part 1 of the Schedule 2 of the Order, shall be carried out on any roof-slope facing onto either Fryatts Way or the property to the north, otherwise than in accordance with a planning permission granted by the Local Planning Authority.

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

 

22. Prior to the occupation of any dwellinghouse hereby approved a detailed management and maintenance plan, including management responsibilities and maintenance schedules for the undeveloped parts of the site, including the ecological area in the southern portion of the site, shall be submitted to and approved in writing by the Local Planning Authority. The management and maintenance plan shall be implemented as approved.

Reason: These details are required to ensure the mitigation and compensation measures approved are monitored and maintained in accordance with Policy EN5 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.    The granting of planning permission does not authorise the felling, lopping or topping of trees within the site which are protected by a Tree Preservation Order unless indicated to be removed on any plans which may be approved at the reserved matters stage.

 

2.    The planning permission is subject to a Section 106 planning obligation.

 

3.    The Community Infrastructure Levy applies to this permission.

 

4.    The Highway Authority would wish to see the roads within the site that are not to be offered for adoption laid-out and constructed to standards at, or at least close to, adoption standards.

 

5.    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.

 

6.    Southern Water has advised that a formal application for connection to the public sewerage system is required in order to service this development. They direct the developer to its New Connections Services Charging Arrangements documents which are available on its website via the following link:

www.southernwater.co.uk/developing-building/connection-charging-arrangements

For further advice, please contact Southern Water, Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX (Tel: 0330 303 0119). Website: www.southernwater.co.uk or by email at: developerservices@southernwater.co.uk

 

7.    The Highway Authority (East Sussex County Council) advises that its requirements associated with this development proposal will need to be secured through a Section (106/184/171/278) Legal Agreement between the Applicant and East Sussex County Council. The Applicant is requested to contact the Transport Development Control Team (01273 482254) to commence this process.  The Applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.

 

8.    The Highway Authority would wish to secure off-site works as part of this development via a Section 106/278 Agreement as follows: 

a)    Two new vehicular accesses into the site off Fryatts Way.

b)    The provision of individual and shared crossovers off Fryatts Way.

c)    The provision of two new bus stops, placed either on the new section of route in Summer Hill Road, or on the existing section of route near the top of Knebworth Road.

d)    Improvements to the pedestrian route between the development and the bus stop locations to include dropped kerbs and tactile paving on either side of Ellerslie Lane close to the junction with Summer Hill Road.

 

9.    The Highway Authority, in relation to Section 38 Agreement of the Highways Act, 1980 – Provision of Adoptable Highway, advises the Applicant to enter into a Section 38 Legal Agreement with East Sussex County Council, as Highway Authority, for the proposed adoptable on-site highway works.  The Applicant is requested to contact the Transport Development Control Team (01273 482254) to commence this process.  The Applicant is advised that any works commenced prior to the Section 38 Agreement being in place are undertaken at their own risk.

 

10. In relation to the submitted CEMP, the Highway authority would require any damage to the highway as a direct consequence of construction traffic to be rectified at the Applicant’s expense.

 

11. The County Ecologist shall be consulted on the management and maintenance plan required by Condition 22.

 

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.

 

(When it first became apparent, Councillor Thomas declared a Personal Interest in this matter in so far as he was the Council’s appointed representative on the Pevensey and Cuckmere Water Level Management Board and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).