DECISION: GRANT (RESERVED MATTERS) including agreement of the Appropriate Assessment

 

CONDITIONS: 

 

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

 

022004-BEL-SL-01/C Presentation Planning Layout

022004-BEL-SL-02/C Supporting Planning Layout

022004-BEL-SL-03/C Storey Heights Layout 

022004-BEL-SL-04/C Tenure Layout

022004-BEL-SL-05/C Unit Type Layout

022004-BEL-SL-06 Location Plan

022004-BEL-SL-LEV01/A Finished Floor and Ridge Levels

PA-2B-2S-CB-E1/A The Parkman – Elevations – Country Vernacular – Brick

PA-2B-2S-P1/A The Parkman – Floor Plans

CS-3B-2S-CB-E1 The Coppersmith – Elevations – Country Vernacular – Brick

CS-3B-2S-CB-E2 The Coppersmith – Elevations – Country Vernacular – Brick

CS-3B-2S-CT-E1/A The Coppersmith (H) – Elevations – Country Vernacular – Tile

CS-3B-2S-P1/A The Coppersmith – Floor Plans

FM-3B-2S-CB-E1/A The Framer – Elevations – Country Vernacular – Brick

FM-3B-2S-CT-E1/B The Framer (H) – Elevations – Country Vernacular – Tile

FM-3B-2S-P1 The Framer – Floor Plans 

FM-3B-2S-CB-E3 The Framer (H) – Elevations – Country Vernacular – Brick

FM-3B-2S-CB-E4 The Framer (H) – Elevations – Country Vernacular – Brick

FM-3B-2S-P2 The Framer (H) – Floor Plans

BU-3B-2S-CB-E1/A The Butler – Elevations – Country Vernacular – Brick

BU-3B-2S-P1/A The Butler – Floor Plans

AR-4B-2S-CB-E2/A The Arkwright (H) – Elevations – Country Vernacular – Brick

AR-4B-2S-CB-E3 The Arkwright (H) – Elevations – Country Vernacular – Brick

AR-4B-2S-CT-E1/A The Arkwright (H) – Elevations – Country Vernacular – Tile

AR-4B-2S-P3 A3/A The Arkwright (H) – Floor Plans

FC-4B-2S-CB-E1 The Falconer – Elevations – Country Vernacular – Brick

FC-4B-2S-CT-E1 The Falconer – Elevations – Country Vernacular – Tile

FC-4B-2S-P1/A The Falconer – Floor Plans

022004-GAR04/A Garage Type 04 Plan and Elevations

022004-GAR05/A Garage Type 05 Plan and Elevations

022004-GAR06/A Garage Type 06 Plan and Elevations

022004-GAR07/A Garage Type 07 Plan and Elevations

022004-BEL-SL-SS01/B Streetscene 01

022004-BEL-SL-SS02/B Streetscene 02

022004-BEL-SL-SS03/B Streetscene 03

022004-BEL-SL-SS04/A Streetscene 04

022004-BEL-SL-SS05/A Streetscene 05

022004-BEL-SL-SS06/A Streetscene 06

022004-BEL-SL-SS07 Streetscene 07

022004-BEL-SL-SS08 Streetscene 08

2916-PP-01 rev P5 Planting Proposals Northern Open Space

2916-PP-02 rev P6 Planting Proposals

2916-PP-03 rev P6 Planting Proposals

2916-PP-04 rev P6 Planting Proposals

2916-PP-05 rev P6 Planting Proposals

2916-PP-06 rev P5 Planting Proposals

2916-PP-07 rev P6 Planting Proposals

2916-DT-01 rev P1 Typical Landscape Details: Soil Profiles and Tree Pit Details in soft landscape

2919-DT-02 rev P1 Typical Landscape Details: Double staked Tree adjacent Main Street

2916-DT-02 rev P1 Typical Landscape Details: Double staked Tree adjacent Main Street

2916-DT-04 rev P1 Typical Landscape Details: Tree Pit in Hard Landscape with tree grill and timber bollards

2916-LA-01 rev P6 General Arrangement Plans Northern Open Space

2916-LA-02 rev P6 General Arrangements Plan

2916-LA-03 rev P6 General Arrangements Plan

2916-LA-04 rev P6 General Arrangements Plan

2916-LA-05 rev P7 General Arrangements Plan

2916-LA-06 rev P6 General Arrangements Plan

2916-LA-07 rev P6 General Arrangements Plan

2916-LA-08 rev P5 Illustrative Landscape Masterplan

2916-LA-09 rev P1 Acoustic Fence

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

 

2.   The details required pursuant to outline planning permission Condition 17 shall include: 

a)    A method statement for groundwater protection during construction of the sustainable drainage system (SuDs) basins to prevent groundwater impact during construction.

b)    Confirmation that the proposed mitigation measures will be adequate for the lifetime of the development, in accordance with Schedule 6 of the Unilateral Undertaking, relating to outline planning permission RR/2018/3127/P.

c)    Measures to capture surface water overland flows such as filter trenches or swales be incorporated along the boundary of the application site with The Beeches to ensure that any overland surface water flows will be directed away from the existing property. 

d)    Proposed levels and erosion protection measures for the Cole Stream and the proposed connecting swale, including topographical survey. 

e)    Measures to prevent flood risk to plots 52 to 60, such as an interception swale. 

f)     Additional details on overland surface water flows from the application site (including plots 60 to 70) to neighbouring properties to ensure that surface water overland flows are captured on-site. 

Reason: To prevent the increased risk of flooding elsewhere and to protect water quality and levels in the Pevensey Levels Ramsar Site / Special Area of Conservation in accordance with Policies SRM2(iii) and EN7(iii) of the Rother Local Plan Core Strategy, Policy DEN5 of the Rother Development and Site Allocations Local Plan and paragraphs 167, 169 and 182 of the National Planning Policy Framework.

 

3.   No development above ground level shall take place until samples and detailed specifications of the external materials for the dwellings and hard landscape areas have been submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details.

Reason: To ensure a high building appearance and architectural quality in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.  

 

4.   The pavers for the proposed frontage footpaths to each dwelling shall be laid as broken bond (i.e. staggered pattern, not square grid).

Reason: To ensure a high-quality public realm in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.  

 

5.   Species details of the proposed mixed nature hedges shall be submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details.

Reason: To ensure a high-quality public realm in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.  

 

6.   No development above ground level shall take place until drawn details of fascias to porches and bays have been submitted to and approved in writing by the Local Planning Authority and the development thereafter shall be carried out only in accordance with the approved details.

Reason: To ensure a high-quality of design and in the interests of maintaining and enhancing the character of the development and the locality in accordance with Policies EN3 and OSS4 of the Rother Local Plan Core Strategy. 

 

7.   The acoustic fence, as shown on Drawing No. 2916-LA-09-P1, hereby approved, shall be erected in full prior to the occupation of any dwelling.  Its exact alignment should be agreed in liaison with residents carried out in accordance with a ‘liaison statement’ to be submitted and approved by the Local Planning Authority prior to the erection of the fence.

Reason: To safeguard the amenities of the locality in accordance with Policy OSS4 (ii) of the Rother District Local Plan. 

 

8.   No dwelling shall be occupied until the parking and turning areas for that dwelling have been provided in accordance with the approved drawings 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. 

 

9.   No dwelling shall be occupied until the cycle stores for that dwelling had been provided in accordance with the approved drawings 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. 

 

10. The dwelling(s) 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 dwelling(s) is 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 Development and Site Allocations Local Plan. 

 

11. The dwellings (except the coach houses and maisonettes) hereby permitted shall not be occupied until it has/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 dwelling(s) 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. 

 

12. 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 a publicly maintained highway. 

Reason: In the interest of highway safety and in accordance with Policy TR2 of the Rother Local Plan Core Strategy.?  

 

13. Before building commences, the new estate roads shall be completed to base course level, together with the surface water and foul sewers and main services to the approval of the Local Planning Authority in consultation with the Highway Authority.

Reason: In the interest of highway safety and in accordance with Policy TR2 of the Rother Local Plan Core Strategy.?  

 

14. 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 Local Planning Authority and be subject to its approval, in consultation with the Highway Authority. 

Reason: In the interest of highway safety and in accordance with Policy TR2 of the Rother Local Plan Core Strategy.?  

 

15. Internal Roads – No part of the development shall be occupied until the road(s), footways and parking areas serving that part of the development have been constructed, surfaced and drained in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. 

Reason: In the interest of highway safety and in accordance with Policy TR2 of the Rother Local Plan Core Strategy.?  

 

16. No development above ground level shall take place until details of electric vehicle charge points for each on-plot parking space have been submitted and approved in writing by the Local Planning Authority. The charge points shall provide separate electricity connection rated to at least 32A and capable of taking at least a 7kW charge point and shall be provided in accordance with the agreed details prior to the occupation of the relevant dwelling.

Reason: To reduce travel-based emissions in accordance with Policy TR3 of the Rother Local Plan Core Strategy.?  

 

NOTES: 

 

1.    All conditions and notes of the outline permission RR/2018/3127/P continue to apply to this development. 

 

2.    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. 

 

3.    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 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. 

 

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.    Section 38 Agreement of the Highways Act, 1980 – Provision of Adoptable Highway – The Applicant is advised 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. 

 

6.    Section 278 Agreement of the Highways Act, 1980 – Works within the Highway – The Applicant will be required to enter into a Section 278 legal agreement with East Sussex County Council, as Highway Authority, for the off-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 it is an offence to undertake any works within the highway prior to the agreement being in place.

 

7.    Schedule 6 of the Unilateral Undertaking, relating to outline planning permission RR/2018/3127/P, requires the Local Planning Authority’s approval in writing of the identity of the SuDs Specialist Management Company. The Local Planning Authority’s preference is for the SuDs to be adopted by the Pevensey and Cuckmere Water Level Management Board.

 

8.    The Planning Committee, in determining this reserved matters submission, requested that the consideration of details submitted in response to outline planning permission (RR/2018/3127/P) Condition 17 are reported to Planning Committee for its determination, along with a draft Appropriate Assessment under the Habitats Regulations.

 

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 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. 

 

(Councillors Errington, Harmer and Thomas each declared a Personal Interest in this matter in so far as they were on the Bellway Opposition Action Group’s mailing list and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).