DECISION: GRANT (FULL PLANNING)

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:   

Drawing No. 4826.LP dated February 2021

Drawing No. 4826.SP dated February 2021

Drawing No. 4826.1A dated 17/06/21

Drawing No. 4826.2A dated 17/06/21

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

3.    No above ground development shall take place until details of the materials to be used in the construction of the external surfaces of the development 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 preserves the visual amenities of the area in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

4.    The development shall not be occupied until the cycle parking area has been provided in accordance with approved Drawing No. 4826.1A dated 17/06/21 and the area 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 Policy TR3 of the Rother Local Plan Core Strategy (2014) and Policy DHG7 (ii) of the Development and Site Allocations Local Plan.

5.    The flats hereby permitted shall not be occupied until the refuse and recycling areas have been laid out within the site in accordance with Drawing No. 4826.1A dated 17/06/21. Thereafter, these areas shall be used for the storage and collection of waste only.

Reason: To ensure sufficient bin storage and collection points are provided for the flats 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 Development and Site Allocations Local Plan.

6.   Prior to the first occupation or use of the bathrooms serving flats 7 and 8, the side windows at third floor level within the eastern and western elevations, as indicated on the approved Drawing Nos. 4826.1A dated 17/06/21 and 4826.2A dated 17/06/21 shall be glazed with obscure glass of obscurity level equivalent to scale 5 on the Pilkington Glass Scale and shall thereafter be retained in that condition.

Reason: To preclude direct overlooking of No. 41 Ninfield Road and No. 33 Ninfield Road (Sussex House) thereby preserving the privacy and residential amenities of those properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

7.    Prior to the first occupation or use of the bathrooms serving flats 7 and 8, the side windows at third floor level within the eastern and western elevations, as indicated on the approved Drawing Nos. 4826.1A dated 17/06/21 and 4826.2A dated 17/06/21 shall be fitted with mechanisms so that they cannot be opened more than 100mm when measured from the outer edge of the frame and inner part of the base of the open roof window during normal use.

Reason: To preclude direct overlooking of No. 41 Ninfield Road and No. 33 Ninfield Road (Sussex House) thereby preserving the privacy and residential amenities of those properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

8.    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 Development and Site Allocations Local Plan.

9.    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 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 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 Development and Site Allocations Local Plan.

10. No site machinery or plant shall be operated, no process shall be carried out and no demolition or construction related deliveries received or dispatched from the site except between the hours of 08:00 and 18:00 Monday to Saturday and at no time on Sundays, Bank or Public Holidays.

Reason: To protect the amenities of the locality, especially for people living and/or working nearby, in accordance with Policy OSS4 (ii) 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.

2.    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 Accessibility 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.

3.   Sound insulation will be required between the proposed dwellings proposed by this planning application. However, this is a matter that is covered separately under Building Regulations and no planning conditions have been recommended by Environmental Health to require such works, to avoid unnecessary duplication of controls under the two separate regimes. The provision of a resilient covering/walking surface to the hallway floor of the two new flats is recommended in order to maximise the impact sound insulation of these areas which are immediately above the rear bedroom of existing flat No. 5. Building Control should be made aware of these comments.

4.   The Housing Health and Safety Rating System (HHSRS) was introduced in July 2006 and is used by Environmental Health Officers in the Council’s Private Sector Housing Team to assess the condition of residential dwellings. The HHSRS replaced the historic Fitness standard and disrepair. HHSRS evaluates potential risks to health and safety from any deficiencies identified in dwellings – it is not a standard.

Residential new build dwellings and conversions can fall foul of the HHSRS despite meeting Building Control and planning requirements. This situation usually arises if the dwelling is subsequently let and the tenant complains about a particular issue.

Unfortunately, there is not a guide to ‘designing to conform to the HHSRS’, however you may be interested in looking at the HHSRS Operating Guidance which contains notes on the perceived optimum standard derived from British Standards or Building Regulations Approved Documents.

Potential conflicts between the HHSRS and Approved Documents:

Natural Lighting: HHSRS (Hazard No.13 ‘lighting’): there should be sufficient natural light during daylight hours to enable normal domestic tasks to be carried out without eyestrain. Allow a glazed area of 10% of the floor area of each habitable room.

Natural ventilation: HHSRS (hazard No.2 ‘damp and mould’ and No.3 Excess Cold): there should be means of cooling and ventilating the dwelling.  Allow for natural ventilation 1/20^th of the floor area of each habitable room. The guidance does recognise potential heat loss and security issues related to opening windows.

Ceiling heights: HHSRS (hazard No.29 ‘collision and entrapment’): low headroom to doors, and low beams and ceilings well under 1.9m increase the risk of head injuries.

Entry by Intruders: HHSRS (hazard No.12 ‘entry by intruders’): the dwelling should be capable of being secured against unauthorised entry including deadlocks, door chains, window locks and fencing.

Heating: HHSRS (hazard No.2 Excess Cold): a fixed heating system must be installed. Heating should be controllable by the occupants, and safely and properly installed and maintained. It should be appropriate to the design, layout and construction, such that the whole dwelling can be adequately and efficiently heated. (Storage heaters without a convector facility are not acceptable).

Fire: Fire Precautions and automatic detection for new build, conversions and material alterations will be covered by Approved Document B. Fire safety in existing residential dwellings not constructed to a standard complying with Building Regulations 1991 or later is covered by the LACORS Housing Fire Safety Guidance [Note: the guide does apply to dwellings that are constructed to Building Regulations 1991 or later but no longer comply or if the dwellings are occupied in a manner other than originally intended or if other additional ricks have been subsequently introduced].  

Disrepair: Building Control and Planning requirements will not usually address other than in instances of a change of use) items of disrepair e.g. a worn roof covering, perished pointing, poorly constructed doors etc. The HHSRS can cover disrepair issues; therefore, you may wish to ensure that repairs are completed together with other works especially if you are letting or intend to let the dwelling.

5.    The Private Sector Housing Team can be contacted for general advice about the HHSRS on 01424 787564 or privatesectorhousing@rother.gov.uk

The HHSRS Operating Guidance can be downloaded from http://www.rother.gov.uk/index.cfm?articleid=2427 The LACORS Fire Safety Guidance can be downloaded from http://www.rother.gov.uk/index.cfm?articleid=481

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.