DECISION: GRANT FULL PLANNING PERMISSION

 

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 drawings:

6729/100/1/C dated November 2021
6729/100/2/C dated November 2021
2355/SU-01 dated September 2005
6729/8/D dated May 2021
6729/9/C dated May 2021
6729/10/C dated May 2021
6729/7/C dated May 2021
6729/100/LBP/B dated June 202
Reason: For the avoidance of doubt and in the interests of proper

planning.

 

3.    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 gable pediment projection to bowls pavilion; fenestration and eaves details for housing and bowls club buildings, and porches, rooflights and clocktower to housing. The houses shall be constructed in accordance with the architectural details shown on approved Drawing No. 6729/8/D unless otherwise approved in writing by the Local Planning Authority. 

b)    Samples of the materials to be used in the construction of all external faces of the buildings (housing and bowls club buildings). 

c)    The proposed site levels and finished floor levels of all buildings in relation to existing site levels, and to adjacent highways and properties.

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. 

 

4.    Notwithstanding the details on the approved Layout Drawing No. 6729/7/C, 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 and any other means of enclosure (fences, railings and walls) indicating the locations, type, design, height, and materials of such. This shall include the provision of a brick garden wall to the southern rear garden boundary of Plot 08. 

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

c)    Minor artefacts and structures (e.g. bins, sheds, bike and refuse stores).

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 Local Plan Core Strategy. 

5.    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 in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy.

 

6.    If within a period of 10 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 enhance the appearance of the development in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy. 

 

7.    Prior to the commencement of development, a detailed surface water drainage system shall be submitted in support to and approved 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 l/s for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence.

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

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.

d)    The detailed design of the surface water drainage features (underground tank) shall be informed by findings of groundwater monitoring between autumn and spring at the location of the proposed tank. 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: A pre-commencement condition is required as the very nature of surface water drainage schemes can require works to be put in place prior to any other above ground development being undertaken. To control the quality and rate of run-off in relation to surface water drainage thereby protecting water quality and reducing local flood risks in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and paragraphs 163 and 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

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

Reason: The full implementation of the approved scheme and its long term management is to prevent the increased risk of flooding, to improve and protect water quality in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and paragraph 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

9.    The Applicant should 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.

Reason: To control the quality and rate of run-off in relation to surface water drainage thereby protecting water quality and reducing local flood risks in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and paragraphs 163 and 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

10. Prior to the 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: The full implementation of the approved scheme is to prevent the increased risk of flooding, to improve and protect water quality in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and paragraph 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

11. No development shall take place until an ecological design strategy (EDS) addressing enhancement of the site for biodiversity through the provision of bird, bat and insect boxes, and the use of native species and/or species of known wildlife value in the landscaping scheme 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 170 and 175 of the National Planning Policy Framework, and Policy EN5 of the Rother Local Plan Core Strategy 2014.

 

12. The development shall not be occupied until parking areas have been provided in accordance with the approved plans which have been submitted to and approved in writing by the 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 motor vehicles.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6, TR3 and TR4 of the Rother Local Plan Core Strategy and DHG12 of the Development and Site Allocations Local Plan.

 

13. The proposed parking spaces shall measure at least 2.5m by 5m (add an extra 50cm where spaces abut walls).

Reason: To provide adequate space for the parking of vehicles and to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6 and TR4 of the Rother Local Plan Core Strategy.

 

14. The development shall not be occupied until cycle parking areas have been provided in accordance with the approved plans which have been submitted to and approved in writing by the Planning Authority in consultation with the Highway Authority and the area(s) 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 SMR1 and TR2 of the Rother Local Plan Core Strategy and DHG7 of the Development and Site Allocations Local Plan.

 

15. The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the approved plans which have been submitted to and approved in writing by the Planning Authority in consultation with the Highway Authority 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 in accordance with Policies CO6, TR3 and TR4 of the Rother Local Plan Core Strategy and DHG12 of the Development and Site Allocations Local Plan.

 

16. 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 for this benefit and convenience of the public at large in accordance with Policies CO6, TR3 and TR4 of the Rother Local Plan Core Strategy and DHG12 of the Development and Site Allocations Local Plan.

17. 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 Planning Authority in consultation with the Highway Authority.

Reason: In the interests of highway safety and for the benefit and convenience of the public at large in accordance with Policies CO6, TR3 and TR4 of the Rother Local Plan Core Strategy and DHG12 of the Development and Site Allocations Local Plan.

 

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

Reason: To secure satisfactory standards of access for the proposed development in accordance with Policies CO6, TR3 and TR4 of the Rother Local Plan Core Strategy and DHG12 of the Development and Site Allocations Local Plan.

 

19. 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); and

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

Reason: These details are required prior to commencement of any works to ensure highway safety and to protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

 

20. The development hereby permitted must be carried out in accordance with the recommendations contained within the submitted Arboricultural Impact Assessment and Method Statement dated May 2021.

Reason: To ensure that the development does not unduly impact the nearby trees in accordance with Policy EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no a. extensions, buildings, structures, alterations, installations or other operations as defined within Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning.

Reason: To ensure that the satisfactory appearance of the development and area is maintained in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

22. Notwithstanding the provisions of Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no fences, gates or walls, or structures of any kind, shall be erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a road.

Reason: To safeguard the open plan character and appearance of the development and area in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

23. Before commencement of any ground works for the development hereby approved, the finished ground floor levels of the building(s) in relation to existing and proposed site levels, the adjacent highway and adjacent properties, together with details of levels of all accesses, to include pathways, driveways, steps and ramps, shall be submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the approved details.

Reason: To ensure the satisfactory accessible development of the site in accordance with Policy OSS4 (ii) and/or (iii) of the Rother Local Plan Core Strategy.

 

24. Prior to any above ground works details of electric vehicle (EV) charging points shall be submitted to and approved by the Local Planning Authority. The details provided shall include:

a)    the layout and design of the future EV connection points, including location of the power supply and confirmation of connection; and

b)    a clear demonstration that they are capable of providing a reasonable power output for each parking space for which it is intended to be used and its compatibility with all vehicles which may require access to it. 

The charge points shall be installed prior to first use and thereafter be retained and maintained in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which seeks to provide a wide supply of transport types and reflects the move to a low carbon future, in accordance with Policy TR3 of the Rother Local Plan Core Strategy and paragraph 112(e) of the National Planning Policy Framework.

 

NOTES:

1.    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. Trees, scrub and buildings are likely to contain nesting birds between 01 March and 31 August inclusive. These habitats are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.

 

2.    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.

 

3.    The Applicant is advised to contact the Transport Development Control Team (01273 482254) to commence the process associated with the proposed Traffic Regulation Order. The Applicant would be responsible for meeting all costs associated with this process which is a minimum of £5000. The Applicant should note that the outcome of this process cannot be guaranteed as it is open to public objection.

 

4.    The Applicant is advised to contact the Health and Safety Executive with regard to inspecting the Building for Asbestos. Further information can be found on the following link:

https://www.hse.gov.uk/asbestos/managing/inspect.htm

 

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.

 

(Councillor Gray declared a personal and prejudicial interest in this matter in so far as her husband was a member of and her step brother-in-law was the Manager of Gullivers Bowls Club and in accordance with the Members’ Code of Conduct left the room during the consideration thereof, after addressing the Planning Committee in accordance with the public speaking scheme).

 

(Councillor Madeley declared a personal and prejudicial interest in this matter in so far as her grandfather was one of the three philanthropists who created Gullivers Bowls Club in 1952 and since 2006 she had been Chairman of Gullivers Action Group and in accordance with the Members’ Code of Conduct left the room during the consideration thereof, after addressing the Planning Committee in accordance with the public speaking scheme).