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 and details:

Site location plan: Drawing No. 1014-LA-01 A

Skatepark: Proposed Site Plan: Drawing No. 450-P01-01 rev D

Skatepark: Level & Drainage Plan: Drawing No. 450-PO1-02 rev C

Skatepark: Civil Details: Drawing No. 450-S01-03 rev A

BMX Track: Lighting Schedule: P155-140721-D-Final   

Skatepark: Lighting Schedule: P155-140721-D-Final

Proposed Drainage Layout: Drawing No. 2118/01 rev P1

Attenuation Storage Zones Sections: Drawing No. 2118/02 rev P1

Drainage Construction Details: Drawing No. 2118/03 rev P1    

Site Wide General Arrangement BMX and Jump Track: Drawing No. 1014- LA-02 rev F

Detailed General Arrangement BMX Track: Drawing No. 1014-LA-03 rev C

Detailed General Arrangement Jump Track: Drawing No. 1014-LA-04 rev C

BMX & Jump Track Area Proposed Sections: Drawing No. 1014-DT-01 rev B

BMX & Jump Track Section Elevation Proposed Sections: Drawing No. 1014-DT-02 rev B

BMX & Jump Track Section Elevation Proposed Sections: Drawing No. 1014-DT-03 rev B

Typical Details BMX and Jump Track Features Double Set: Drawing No. 1014-DT-05 rev C

Typical Details BMX and Jump Track Features Timber kicker and landing: Drawing No. 1014-DT-06 rev B

Typical Details BMX and Jump Track Features Table Top: Drawing No. 1014-DT-08 rev B

Typical Details BMX and Jump Track Features Berm: Drawing No. 1014-DT-09 rev C

Typical Details BMX and Jump Track Features Step Up Hip: Drawing No. 1014-DT-10 rev A

Typical Details BMX and Jump Track Features Rollers: Drawing No. 1014-DT-11 rev A

Typical Details Post and Rail Fence: Drawing No. 1014-DT-12 rev B

Bexhill BMX and Jump Track Visual Appraisal: June 2021

Lighting Impact Assessment Report - Bexhill Bike BMX Track: July 2021

Lighting Impact Assessment Report - Bexhill Skate Park & Access Path: July 2021

Ecological Survey - Martin Newcombe (12 July 2021);

Lankelma Limited: Soil Investigation - CPT Report - Cone penetration test –

Geotechnical data interpretation;

Ashdown Site Investigation Ltd. Factual Report on Ground Investigation

Ashdown Site Investigation Ltd. Combined Geotechnical and Ground Contamination Risk Assessment

Ashdown Site Investigation Ltd Geotechnical Assessment Report

Leap Environment - Phase II Site Investigation Report

Leap Environment - Phase I Desk Study and Site Reconnaissance Report

Ashdown Site Investigation Ltd. Remediation Strategy;

Flow Drainage Design - Proposed Drainage Layout

Flow Drainage Design – SUDS Report

Anderson acoustics Noise Impact Assessment

Transport Report

Gristwood and Toms Ltd Tree Survey Report

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

 

3.   Prior to the commencement of development, a detailed surface water drainage system shall be submitted for the consideration and approval in writing by the Local Planning Authority. 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 2.8 l/s for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence. Hydraulics calculations should demonstrate that sufficient storage is available in the event of a surcharged outfall.

b)   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.

c)   A survey of the existing watercourse shall be undertaken to ensure that it is in suitable condition to receive runoff from the development.

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.

e)   The detailed design of the surface water drainage features (attenuation blankets) shall be informed by findings of groundwater monitoring between autumn and spring at the location of the proposed blankets. 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.

      Reason: to ensure surface water runoff from the development is managed safely in accordance with Policy SRM2 of the Rother Local Plan Core Strategy.

 

4.   A maintenance and management plan for the entire drainage system shall be submitted to 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 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.

c)   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.

      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 surface water runoff from the development is managed safely in accordance with Policy SRM2 of the Rother Local Plan Core Strategy.

 

5.   Prior to occupation, a “lighting design strategy for biodiversity” shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:

a)   identify those areas/features on site that are particularly sensitive for bats and badgers and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b)   show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

Reason: Many species active at night (e.g. bats and badgers) are sensitive to light pollution. The introduction of artificial light might mean such species are disturbed and /or discouraged from using their breeding and resting places, established flyways or foraging areas. Such disturbance can constitute an offence under relevant wildlife legislation.

 

6.   No development shall take place until an ecological design strategy (EDS) addressing mitigation for the loss of trees and enhancement of the site for biodiversity in line with the indicative biodiversity and landscape management plan (Figure 3, Ecological Survey report, Martin Newcombe, 12/07/21) has been submitted to and approved in writing by the Local Planning Authority. The EDS shall include the following:

a)   purpose and conservation objectives for the proposed works;

b)   review of site potential and constraints;

c)   detailed design(s) and/or working method(s) to achieve stated objectives;

d)   extent and location /area of proposed works on appropriate scale maps and plans;

e)   type and source of materials to be used where appropriate, e.g. native species of local provenance;

f)    timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

g)   persons responsible for implementing the works;

h)   details of initial aftercare and long-term maintenance;

i)    details for monitoring and remedial measures; and

j)    details for disposal of any wastes arising from works. The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: To ensure that any adverse environmental impacts of development activities can be mitigated, compensated and restored and that the proposed design, specification and implementation can demonstrate this, and to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 174 and 180 of the National Planning Policy Framework, and Policy EN5 of the Rother Local Plan Core Strategy.

           

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

 

8.   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)   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 public engagement both prior to and during construction works; and

i)    the Applicant should detail measures to manage flood risk, both on and off the site, during the construction phase.    

Reason: In the interests of highway safety and the amenities of the area in accordance with Policies TR3 and OSS4(ii) of the Rother Local Plan Core Strategy.

 

9.   The development hereby permitted shall not be brought into use until there has been submitted to, and approved in writing by, the Local Planning Authority a written verification report undertaken by a competent person. This report shall outline that the potential land contamination remediation scheme as approved has been implemented fully in accordance with the approved details (unless varied with the written agreement of the Local Planning Authority in advance of implementation). 

      Unless otherwise agreed in writing by the Local Planning Authority the verification report shall include:

a)   drawings of the implemented scheme;

b)   photographs of the remediation works in progress;

c)   certificates demonstrating that imported and/or material left in situ is suitable for use.

A statement that: all potentially contaminative links have been severed due to the remediation methods undertaken and, that the site is safe for its intended use, must be provided with the verification report.

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

 

10. If during development contamination not previously identified or expected is found to be present then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until: the developer has submitted to the Local Planning Authority for approval, a method statement to identify, risk assess and mitigate the suspected contaminants.

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

 

11. Prior to the skatepark being brought in to use, a 2m high acoustic barrier shall be constructed along the length of the hedgerow that separates the proposed skate park and bowls green (specifically, within the location shown on the Skate Park layout plan Drawing No. 450-P01-01 rev D) unless otherwise varied by the approval in writing of the Local Planning Authority.

      Reason: To safeguard neighbouring residential amenity in accordance with Policy OSS4 (ii) of the Local Plan Core Strategy.

 

12. The lighting for the facilities shall not be used later than 9:00pm each day. From 9:00pm a phased dimming of the lighting is permitted over a 15-minute period to allow people safely to vacate the facility.

      Reason: To control the use of the facilities and also the presence of lighting in the late evening and night-time, in the interests of the amenities of adjoining residents and the appearance and character of the area in accordance with Policy OSS4 (ii) (iii) of the Rother Local Plan Core Strategy.

 

13. Prior to the use of the facilities hereby approved details of procedures to be put in place for controlling the time-table of events at the recreation ground shall be submitted for the consideration and approval of the Local Planning Authority. These shall ensure that the larger ‘Race Series’ events, when there may be expected a greater number of car-borne visitors, shall not clash with other events being staged at the recreation ground (principally football matches and bowls tournaments).

      Reasons: To alleviate any additional pressures for visitor car parking and to ensure that temporary car parking can be provided within the defined grass area of the recreation ground identified in the application and to accord with Policy TR4 of the Rother Local Plan Core Strategy.

 

14. Following complaints made to the Council about impact (board slap) noise from the completed skate park, by residents at two or more different properties, within three months of each other, a preliminary investigation by Council officers will be undertaken to the properties affected. If impact noise is clearly audible at two or more properties, then an acoustic survey shall be undertaken to confirm that impact noise levels do not exceed those as predicted before development. These predictions are outlined in slide 14 of the presentation by Anderson Acoustics dated August 2021, titled, ‘’Bexhill skatepark and BMX facility: Response to EHO comments and discussion’. Specifically: impact noise levels will not exceed by more than 1dB(A), a Shooting Noise Level (SNL) of 55dB(A) at receptors in Buxton Drive, Grange Court Drive and Canada Way. This SNL shall be measured as per the Clay Target Shooting: Guidance on the Control of Noise published by the Chartered Institute of Environmental Health, January 2003. Should the measured impact noise levels exceed a SNL of 55dB(A) by more than 1dB(A) then a scheme for mitigation to reduce levels to those predicted shall be submitted to and approved in writing by the Local Planning Authority. Subsequently any additional works shall be completed within an agreed timescale in accordance with the approved details.

Reason: To safeguard the residential amenities of neighbours within the surrounding area in accordance with Policy OSS4(ii) of the Rother Local Plan Core Strategy.

 

INFORMATIVES:

 

(i)   Breeding birds: the Applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use of being built. Planning consent for a development does not provide a defence against prosecution under this act.

 

(ii)  The Protection of Badgers Act: the Applicant is reminded of the need to obtain a licence from Natural England for any activity that affects a protected species, including badgers, such as disturbing, trapping or handling protected species, and disturbing their habitats.

 

(iii) The site is known to be or suspected to be contaminated. Please be aware that the responsibility for the safe development and secure occupancy of the site rests with the developer. The Local Planning Authority has determined the application on the basis of the information made available to it.

 

It is strongly recommended that in submitting details in accordance with the above conditions that the Applicant has reference to Land Contamination Risk Management, published by the Environment Agency.

 

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with the 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 assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.