DECISION: GRANT (FULL PLANNING) DELEGATED (SUBJECT TO A SECTION 106 LEGAL AGREEMENT TO SECURE AN OFF-SITE RECEPTOR SITE FOR THE EXISTING REPTILE POPULATION)

 

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 plan, drawings and document:

Site Location Plan, dated 08 Dec 2020.

Drawing No. 5901/100/B (PROPOSED DWELLINGS – SITE PLAN), dated DEC 20 (NB the new soakaways, proposed cycle sheds, proposed boundary treatment and proposed soft landscape works are not approved).

Drawing No. 1420-P-02C (PROPOSED PLAN AND ELEVATIONS), dated 14-02-14 (NB the sheds are not approved).

Drawing No. 1420-P-03C (PROPOSED FIRST FLOOR PLAN, SITE PLAN AND SECTION), dated 14-02-14 (NB the sheds are not approved).

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

 

3.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until the Local Planning Authority has been provided with either:

a)   a Badger Mitigation Licence, which relates to the development granted by this planning permission, issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017; or

b)   a statement in writing from Natural England to the effect that it does notconsider a Badger Mitigation Licence is required for thedevelopment granted by this planning permission.

Reason: A pre-commencement condition is required to ensure the existing badger population is conserved through appropriate mitigation/compensation measures, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii) of the Development and Site Allocations Local Plan 2019.

 

4.   No development shall commence (including vegetation clearance, ground works or demolition) until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. This shall deal with the treatment of any environmentally sensitive areas as well as detailing the works to be carried out showing how the environment will be protected during the works. The CEMP shall include details of the following:

1.     the timing of the works including timings to avoid environmentally sensitive areas or features and the times when specialist ecologists need to be present on site to oversee works;

2.     construction methods;

3.     any necessary pollution protection methods; and

4.     information on the persons/bodies responsible for particular activities associated with the method statement that demonstrate they are qualified for the activity they are undertaking.

The works shall be carried out in accordance with the approved CEMP.

Reason: A pre-commencement condition is necessary to ensure that the environmental impacts of construction are identified and agreed before works take place in order to prevent or minimise their impacts on the environment, in accordance with Policies OSS4 (ii & iii) and EN5 (viii) of the Rother Local Plan Core Strategy 2014 and Policy DEN4 of the Development and Site Allocations Local Plan 2019.

 

5.     No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until an Ecological Design Strategy (EDS) addressing the rescue and translocation of reptiles 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: A pre-commencement condition is required to ensure the existing reptile population is conserved through appropriate mitigation/compensation measures, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii & iii) of the Development and Site Allocations Local Plan 2019.

 

6.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until a 5m wide badger/biodiversity habitat area has been created across the northern part of the site, in accordance with details (including a scale plan identifying the area) which have first been submitted to and approved in writing by the Local Planning Authority. The approved badger/ biodiversity habitat area shall thereafter be retained and maintained in perpetuity as an undeveloped area.

Reason: A pre-commencement condition is required to ensure the existing badger population is conserved through appropriate mitigation/compensation measures, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii & iii) of the Development and Site Allocations Local Plan 2019.

 

7.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition until a Landscape and Ecological Management Plan (LEMP) for the 5m wide badger/biodiversity habitat area has been submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall include the following:

a)   description and evaluation of features to be managed;

b)   ecological trends and constraints on site that might influence management;

c)   aims and objectives of management;

d)   appropriate management options for achieving aims and objectives;

e)   prescriptions for management actions, together with a plan of management compartments;

f)    preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-yearperiod);

g)   details of the body or organisation responsible for implementation of the plan; and

h)   ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plans shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason: A pre-commencement condition is required as biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long term management of habitats, species and other biodiversity features, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii & iii) of the Development and Site Allocations Local Plan 2019.

 

8.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until a badger corridor has been created along the western boundary of the site, in accordance with details (including a scale plan identifying the corridor) which have first been submitted to and approved in writing by the Local Planning Authority. The approved badger corridor shall thereafter be retained and maintained in perpetuity as an undeveloped area.

Reason: A pre-commencement condition is required to ensure the existing badger population is conserved through appropriate mitigation/compensation measures, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii & iii) of the Development and Site Allocations Local Plan 2019.

 

9.   No works shall commence on site, including any vegetation clearance, ground works or works of demolition, until details of the following have been submitted to and approved in writing by the Local Planning Authority (LPA), and the development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing by the LPA:

a)     badger proofing barriers (including a plan indicating the positions of the badger proofing barriers).

b)     timetable for installing the badger proofing barriers.

Reason: To prevent badgers being displaced into, and excavating under, neighbouring properties, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014.

 

10. No development shall commence until a scheme for the provision of surface water drainage works to serve the development has been submitted to and approved in writing by the Local Planning Authority, and the dwellings shall not be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: A pre-commencement condition is required to ensure the satisfactory drainage of the site and to prevent water pollution, in accordance with Policies SRM2 and EN7 of the Rother Local Plan Core Strategy 2014, and Policy DEN5 of the Development and Site Allocations Local Plan 2019.

 

11. No development above ground level shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be carried out in accordance with the approved details:

a)     manufacturer’s/supplier’s specifications of external facing materials.

b)     manufacturer’s/supplier’s specifications of hard-surfacing materials.

c)     boundary treatment (including a plan indicating the positions, design, height, materials and type of boundary treatment to be erected).

d)     measures to enhance the site for biodiversity.

Reason: To preserve the visual amenities of the area and to enhance the site for biodiversity, in accordance with Policies OSS4 (iii) and EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (iii) of the Development and Site Allocations Local Plan 2019.

 

12. No development above ground level shall take place until a scheme of soft landscape works has been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. Details shall include: Planting plans. Written specifications (including cultivation and other operations associated with plant and grass establishment). Schedules of plants noting species, plant sizes and proposed numbers/densities where appropriate.

Reason: To preserve the visual amenities of the area and to enhance the site for biodiversity, in accordance with Policies OSS4 (iii) and EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (iii) of the Development and Site Allocations Local Plan 2019.

 

13. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

Reason: To preserve the visual amenities of the area and to enhance the site for biodiversity, in accordance with Policies OSS4 (iii) and EN5 (ix) of the Rother Local Plan Core Strategy 2014 and Policy DEN4 (iii) of the Development and Site Allocations Local Plan 2019.

 

14. The dwellings shall be 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 an acceptable standard of access to the dwellings is provided, in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy 2014, and Policy DHG4 of the Development and Site Allocations Local Plan 2019. 

 

15.The dwellings shall not be occupied until evidence has been submitted to and approved in writing by the Local Planning Authority to demonstrate that they have been constructed to achieve water consumption of no more than 110 litres/person/day water efficiency as set out in Part G of Schedule 1 of the Building Regulations 2010 (as amended) for water usage.

Reason: To ensure the dwelling is water efficient, in accordance with Policy SRM2 (v) of the Rother Local Plan Core Strategy 2014, and Policy DRM1 of the Development and Site Allocations Local Plan 2019.  

 

16. No dwelling shall be occupied until a means of vehicular access has been constructed in accordance with the approved drawings.

Reason: To ensure adequate safe access arrangements, in accordance with Policies CO6 (ii) and TR3 of the Rother Local Plan Core Strategy 2014.

 

17. No dwelling shall be occupied until car parking and turning areas have been provided in accordance with the approved drawings. The car parking and turning areas shall thereafter be kept available for the parking and turning of motor vehicles and for no other purpose.

Reason: To ensure there is adequate off-street car parking provision and in the interests of highway safety, in accordance with Policies CO6 (ii), TR3 and TR4 (i & iii) of the Rother Local Plan Core Strategy 2014, and Policy DHG7 (ii) of the Development and Site Allocations Local Plan 2019.  

 

18. No dwelling shall be occupied until secure cycle stores have been provided in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. The cycle stores shall thereafter be kept available for the parking of bicycles and for no other purpose.

Reason: To ensure there is adequate cycle parking provision, and to preserve the visual amenities of the area, in accordance with Policy OSS4 (i & iii) of the Rother Local Plan Core Strategy 2014, and Policy DHG7 (ii) of the Development and Site Allocations Local Plan 2019.

 

19. No dwelling shall be occupied until refuse and recycling storage and collection point facilities have been provided in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. The refuse and recycling storage and collection point facilities shall thereafter be kept available for the storage and collection of refuse and recycling and for no other purpose.

Reason: To ensure there is adequate refuse and recycling storage and collection point facilities, and to preserve the visual amenities of the area, in accordance with Policy OSS4 (i & iii) of the Rother Local Plan Core Strategy 2014, and Policy DHG7 (iii) of the Development and Site Allocations Local Plan 2019.

 

20. 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), no enlargement of any part of a dwelling shall be carried out without a planning permission granted by the Local Planning Authority.

Reason: To safeguard the amenities of neighbouring properties, preserve the visual amenities of the area, retain appropriate outdoor amenity space for occupiers of the dwellings, and to protect habitats and species identified in the ecological surveys from adverse impacts post-development, in accordance with Policies OSS4 (i, ii & iii) and EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii) of the Development and Site Allocations Local Plan 2019.

 

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), no garages, building, structure or erection of any kind (including wall, fences or other means of enclosure not permitted as part of this development) shall be erected, and no caravan or mobile home shall be kept or stationed on the land, without a planning permission granted by the Local Planning Authority.

Reason: To safeguard the amenities of neighbouring properties, retain appropriate outdoor amenity space for occupiers of the dwellings, and to protect habitats and species identified in the ecological surveys from adverse impacts post-development, in accordance with Policies OSS4 (i & ii) and EN5 (ix) of the Rother Local Plan Core Strategy 2014, and Policy DEN4 (ii) of the Development and Site Allocations Local Plan 2019.

 

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. All interested parties are referred to http://www.rother.gov.uk/CILfor further information and the charging schedule.

 

2.   The developer and/or landowner is advised that the site has the potential to support breeding birds. Under Section 1 of the Wildlife and Countryside Act 1981 (as amended), wild birds are protected from being killed, injured or captured, while their nests and eggs are protected from being damaged, destroyed or taken. In order to avoiddisturbance to nesting birds, any demolition of buildings or removal of scrub/trees that couldprovide nesting habitat should be carried out outside the breeding season (generally March toAugust). If this is not reasonably practicable within the timescales, a nesting bird check should becarried out prior to any demolition/clearance works by an appropriately trained, qualified andexperienced ecologist, and if any nesting birds are found, advice should be sought on appropriatemitigation.

 

3.   The developer and/or landowner is reminded that it is an offence to damage or destroy protected species under separate legislation. The granting of planning permission for a development does not provide a defence against prosecution under wildlife protection legislation.

 

4.   The developer and/or landowner is advised that any proposed works on or abutting the existing highway will require a Section 184 Licence with the County Council, prior to the commencement of works. Details of construction, surface water drainage, gradients and potential traffic management requirements can all be discussed with East Sussex County Council through the Section 184 Licence process. Any temporary access would also be subject to the Section 184 Licence process prior to any commencement of work.

 

5.   The developer and/or landowner is advised that a formal application for connection to the public sewerage system is required in order to service thisdevelopment. Please read Southern Water’s New Connections Services Charging Arrangements document, whichis available at https://beta.southernwater.co.uk/developing-building/connection-charging-arrangements.

 

6.   The development will be subject to the requirements of the Building Regulations, and advice should be sought from the East Sussex Building Control Partnership. No work should be carried out until any necessary permission has been obtained.

 

7.   The developer and/or landowner should take all relevant precautions to minimise the potential for disturbance to adjoining occupiers from noise and dust during the construction period. This should include not working outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays, and no such work should take place on Sundays or Public Holidays.         

 

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 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.