DECISION: GRANT (FULL PLANNING FOR PHASE ONE AND OUTLINE PLANNING FOR PHASE 2) DELEGATED SUBJECT TO COMPLETION OF A SECTION 106 AGREEMENT TO SECURE:

 

(i)    To allow for the creation of a registered servitude from Mount View Street site bellmouth and service connection points to provide access road, underground services route, and stormwater management and discharge route to the culvert head, within the site to serve the development sites identified as Phase 2 and Phase 3 including unfettered use and access during construction and operation. Details of servitude and agreement to be submitted as a condition.

 

(ii)  To provide for the extant scheme obligations relating to the extant application (RR/2015/1760/P) and secured in the legal agreement dated 24 March 2016 (‘extant scheme’). Wherever possible the extant conditions, as applicable in part or full to this application, have been absorbed within this application’s Conditions.  The onus however remains with the Applicant to ensure that the extant conditions are discharged as applicable in terms of their land purchase agreement (which is not part of this planning matter).

 

(iii) By granting consent for this application, Condition 45 to the extant scheme relating to safeguarding employment (‘the employment land on the western land parcel … shall not be used for any purposes other than those in use class B1’), namely Phase 1 & 2, is revoked.

 

(iv) To enable Highway Works: access, footway/cycleway and bus infrastructure; travel plan and audit fee. Sum of financial contribution to be agreed between parties.

 

PHASE ONE- 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.    Approved plans and details:  The development hereby permitted shall be carried out in accordance with the following approved:

                       i.       Location Plan, Drawing No. MVRDOP-GDA-V5_ZZ-DR-A-0016, dated 8 April 2022.

                      ii.       Planning – existing Site Plan, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9001P, dated 11 April 2022.

                    iii.       Proposed Site Plan – Phase 1, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9002P, dated 10 May 2022.

                   iv.        Project Phasing, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9004P, dated 12 April 2022.

                    v.        Planning – Proposed Site Sections, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9008P/P02, dated 12 May 2022.

                   vi.        Planning – GA Plans, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9001, dated 12 May 2022.

                  vii.        Planning – Typical Pump Room & Substation Details, Drawing No. MVRDOP-GDA-ZZ-DR-A-9011P/PO1, dated 4 April 2022.

                viii.        Planning – GA Elevations, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9102/PO1, dated 12 May 2022.

                   ix.        Planning – Roof Plan, Drawing No. MVRDOP-GDA-ZZ-ZZ-DR-A-9201/PO1, dated 12 May 2022.

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

 

3.    Preliminary Ecological Appraisal (PEA):  The development hereby approved shall be implemented strictly in accordance with recommendations stated in section 5.1 (Avoidance, Mitigation and Compensation Measures) of the Preliminary Ecological Appraisal (Ref 70080876/001/Rev1), WSP updated April 2022 which seeks to repair, restore and enhance retained hedgerows, establish new waterbodies, encourage the panting of native shrubs and sets measures that will be expected as part of the landscaping scheme.

The PEA recommends that further survey work be undertaken in respect of bats, amphibians, badgers, hazel dormouse and reptiles. The Applicant will need to consult with Natural England in this regard and notify in writing the Local Planning Authority accordingly.  Should these surveys reveal the presence of protected species on site, a licence may be required from Natural England and the Applicant will need to demonstrate to the Local Planning Authority of such prior to works commencing on site.

Further, the Applicant will need to evidence a licence with respect to works in proximity to the identified badger sett affected by the alignment road and enabling works for utilities.

Reason: To minimise the impacts of development on biodiversity, in accordance with Policy Local Plan Core Strategy 2014 and paragraphs 174 and 180 of the National Planning Policy Framework, Circular 06/2005, and the Natural Environment and Rural Communities Act 2006.

 

4.    Use Class limitation:  The building shall be used for mental health services and ancillary training and for no other purpose (including any other purpose in Class C2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To maintain strict control over the use of the site in accordance with Policy OSS4 of the Rother Local Plan Core Strategy.

 

PRE-COMMENCEMENT CONDITIONS

 

Prior to the commencement of development

 

5.    Servitude agreement:  No development shall take place until the Applicant and current landowner have engrossed an Agreement that allows for the creation of a servitude from Mount View Street site junction and service connection points of sufficient width to provide access road, underground services route, and stormwater management and discharge route to the culvert head, within the site to serve the development sites identified as Phase 2 and Phase 3 including unfettered use and access during construction and operation.

Reason: To ensure access and servicing of plots identified as Phase 2 and Phase 3.

 

6.    Road Safety Audit Stage 1:  No development shall take place until the Applicant has undertaken and submitted a Road Safety Audit shall be submitted to and approved in writing by the Local Planning Authority in consultation with County Highways.

Reason: To ensure safe access for pedestrians and cyclists to the site comply with the National Planning Policy Framework and Policies TR2 and TR3 of the Rother Local Plan Core Strategy.

 

7.    Archaeological works: No development shall take place until the Applicant has secured the implementation of a programme of archaeological works in accordance with a Written Scheme of Investigation which has been submitted by the Applicant and approved by the Local Planning Authority.

Works shall be carried out in accordance with the programme set out in the approved Written Scheme of Investigation. A written record of any archaeological works undertaken shall be submitted to and approved in writing by the Local Planning Authority within three months of the completion of any archaeological investigation unless an alternative timescale for submission of the report is first agreed in writing with the Local Planning Authority.

Reason: To ensure that the archaeological and historical interest of the site below ground is safeguarded and recorded to comply with the National Planning Policy Framework and Policy EN2 (vi) of the Rother Local Plan Core Strategy.

 

8.    Habitats Regulations Assessment Screening: To address that the application fall within the Combe Haven Site of Special Scientific Interest impact zone, prior to the commencement of development the Applicant will confirm in writing with Natural England their requirement to undertake a Screening. The Screening, if required, will be submitted to and approved in writing by the Local Planning Authority (in consultation with Natural England).

Reason: To minimise the impacts of development on and enhance local biodiversity, in accordance with Policy Local Plan Core Strategy 2014, the Conservation of Habitats and Species Regulations (2017) as amended, and paragraphs 180 and 181 of the National Planning Policy Framework.

 

9.    Ground Investigation Report:  The development hereby permitted shall not begin until the Recommendations as set out in section 9 of the WSP Ground Investigation Report (Ref: 70087953-GIR-R02) have been completed and a report of further conclusions/recommendations has been submitted to and approved in writing by the Local Planning Authority. Should this further work reveal significant contamination a remediation scheme shall be submitted to the Local Planning Authority for approval detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation shall be stated, and how this will be validated. Any ongoing monitoring shall also be determined.

If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed in an appropriate remediation scheme which shall be submitted to and approved in writing by the Local Planning Authority.

A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology shall be submitted prior to first occupation of the development. Details of any post-remedial sampling and analysis to demonstrate that the site has achieved the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Policy OSS3 (viii) of the Rother Local Plan Core Strategy 2004 and Policy DEN7 of the Development and Site Allocations Local Plan 2019.

 

10. Air Quality Assessment:  Prior to the commencement of development, an air quality assessment shall be carried out by a suitably qualified person for the proposed development. The assessment shall be submitted to and approved in writing by the Local Planning Authority. The assessment should consider the impact of the proposed development on the air quality objectives described in the National Air Quality Strategy with respect to nitrogen dioxide, PM10 and PM2.5 particulates.

For the construction phase, an assessment should be undertaken of the potential for dust nuisance, using the Institute of Air Quality Management (IAQM) ‘Guidance on the assessment of dust form demolition and construction’.

For a quantitative assessment of the operational phase detailed modelling using ADMS – Roads or other appropriate dispersion modelling platform to determine the impact of the development on existing air quality is required. This should include assessment of the cumulative impacts from the development itself and other committed developments in the vicinity, on existing air quality.

Where possible, verification of the model output should be made through a comparison of the results of any publicly available monitoring data in the study area.

To inform the background concentrations used within the model, the results of local monitoring and the available DEFRA maps should be used. Reductions in background concentrations and emissions in future years should not be used, to reflect the findings of recent research.

The significance of impact should be described with reference to the EPUK/IAQM (January 2017) ‘Land-Use Planning & Development Control: Planning for Air Quality’ documents and the ‘Air quality and emissions mitigation guidance for Sussex authorities’ (2021).

A scheme for protecting future and existing residential occupiers in the vicinity from the effects of nitrogen dioxide (NOx) and airbourne particulate matter (PM2.5) arising from the development and mitigation measures to alleviate the impact of the development equivalent to the calculated damage costs shall be submitted to and approved in writing by the Local Planning Authority. All works which form part of the approved scheme shall be completed prior to the occupation of the buildings hereby approved and thereafter maintained for the lifetime of the development.

Reason: In order to safeguard the amenities of the occupiers of the proposed development and other residents in the neighbourhood in respect of atmospheric pollution and the air quality in the area having regard to ‘Air quality and emissions mitigation guidance for Sussex (2021)’ and in compliance with Policy OSS3 of the Rother Local Plan Core Strategy and paragraph 186 of the National Planning Policy Framework.

 

11. Construction Management Plan:  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 (in consultation with National Highways).  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:

      i.        The anticipated number, frequency and types of vehicles used during construction.

    ii.        The method of access and egress and routing of vehicles during construction (including unfettered use and access to Phase 2 & 3).

   iii.        The parking of vehicles by site operatives and visitors.

   iv.        The loading and unloading of plant, materials and waste.

    v.        The storage of plant and materials used in construction of the development.

   vi.        The erection and maintenance of security hoarding.

  vii.        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).

viii.        Details of public engagement both prior to and during construction works.

   ix.        Construction Environmental Management Plan:

    x.        Risk assessment of potentially damaging construction activities.

   xi.        The timing of the works including timings to avoid harm to environmentally sensitive area or features and the times when specialist ecologists need to be present on site to oversee works.

  xii.        Practical measures (both physical measures and sensitive working practices) to be used during the development in order to minimise environmental impact of the works (inter-alia, considering both potential disturbance and pollution including air quality (dust and PM10) and including traffic routing to also help reduce vehicles emissions, compounds for storage of plant/machinery/materials, protective fencing, exclusion barriers and warning signs for the protection of existing hedgerows, trees and other landscape features to be retained, detailed method statements considering construction noise, vibration and lighting effects and plant operation, storage and spillage of oil/chemicals and soil protection measures).

xiii.        Any necessary mitigation for protected species.

xiv.        A map or plan identifying biodiversity protection zones and measures to protect 15m buffer zones to surrounding treed hedgerows and The Mount woodlands and an 8m wide buffer zone alongside the main watercourse feeding into The Stream (NE Bexhill Masterplan), during works.

  xv.        A Soil Management Plan including proposals for stripping and storing soil for later reuse on site in accordance with DEFRA’s Construction Code of Practice for the Sustainable Use of Soil on Construction Sites September 2009.

xvi.        Measures to avoid detrimental impacts on the interest features of the Combe Haven Site of Special Scientific Interest from ground and/or surface water pollution.

xvii.        A detailed method statement for the long-term management and control of Japanese Knotweed on the site including measures to prevent its spread during any operations and measures to ensure that any soils brought onto the site are free of the seeds/root/stem on any invasive plant listed under the Wildlife and Countryside Act 1981 (as amended).

xviii.        Any necessary pollution protection methods.

xix.        Information on the persons/bodies responsible for identified activities associated with the CEMP that demonstrate they are qualified for the activity they are undertaking including an ecological clerk of works.

  xx.        Measures to manage flood risk, both on and off the site, during the construction phase. This may be incorporated into the Construction Management Plan or form a standalone document.

Reason: To ensure highway and environmental safety and to protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

12.Earthworks: No development above ground level shall take place until details of earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Where retaining walls of in excess of 1m in height are required the submitted construction details shall be certified by a ‘Competent Person’ and all development shall be carried out in accordance with the approved details.

Reason: To ensure that the proposed development takes proper account of and does not prejudice the appearance of the locality in accordance with Policies OSS3 (viii) and OSS4 (iii) of the Rother Local Plan Core Strategy.

 

13. Vegetation clearance: No works shall take place on site, including vegetation clearance, unless the Local Planning Authority has been provided with either:

      i.        A licence issued by Natural England pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 authorising the specified activity to go ahead or,

    ii.        A statement in writing form Natural England to the effect that it does not consider that the specified activity/development will require a licence.

Reason: These details are required prior to any works commencing on site to ensure the protection of European protected species in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

14.Protection to existing trees and hedgerows: No development shall commence until proposals for the protection of all existing trees and hedgerows to be retained on the site as approved, including measures to protect the root protection zone for the duration of construction works, have been submitted to and approved by the Local Planning Authority.

Reason: These details are required prior to commencement of works to ensure the protection of trees and hedgerows during construction and the creation of a high-quality public realm and landscape setting in accordance with Policy EN3 of the Rother Local Plan Core Strategy.

 

15.Boundary treatment: No development above ground level shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan/details indicating the positions, design, height, materials and type of boundary treatment/means of enclosure to be erected around and within the application site. Development shall be carried out in accordance with the approved details.

Reason: To enhance the appearance of the development in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

16.Materials: No development above ground level shall take place until full details of the materials to be used in the construction of the external facades and 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 reflects the character and/or appearance of the surrounding buildings and to preserve the visual amenities of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy HG9(ii) of the Rother Development and Site Allocations Plan.

 

17.Hard landscaping: No development above ground level shall take place until the hard-landscaping details have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

The details should include but not limited to the following:

      i.        Proposed finished levels or contours.

    ii.        Design, layout and appearance of external amenity spaces.

   iii.        Car parking layouts.

   iv.        Design of other vehicle and pedestrian access and circulation areas (including street widths, pavements and cycleways where relevant and other strategic public realm).

    v.        Hard surfacing materials (including road surfaces, cycleways, footpaths, parking space and other areas of hardstanding, kerbs and tactile paving, etc).

   vi.        Details of a co-ordinated street furniture strategy (including benches, bollards, bins, planters, sign and signals, lighting, cycle stands, M&E enclosures, tree guards, etc).

Reason: To enhance the appearance of the development in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

18.Soft landscaping: No development above ground level shall take place until the soft-landscaping details have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

The details should include but not limited to the following:

      i.        Indications of all existing trees and hedgerows and their Root Protection Zone.

    ii.        Design, layout and appearance of green/amenity space including verges.

   iii.        Schedules of plants, noting species, plant sizes and proposed numbers/densities as required appropriate; with reference to:

a.    The Environment Statement (Vol. 1 Main Report, dated 10 July 2015 and Addendum, dated 8 October 2015) of the extant scheme;

b.    Section 5.1 (Avoidance, Mitigation and Compensation Measures) of the Preliminary Ecological Appraisal (Ref 70080876/001/Rev1), WSP updated April 2022 which seeks to …encourage the panting of native shrubs; and,

c.    We draw specific attention to Policy EN5 (ix) that encourages integrated biodiversity and developers will be expected to consider and promote opportunities for the creation and/or restoration of habitats appropriate to local context.

d.    We note that invasive and non-indigenous species that may affect the habitat value of the neighbouring Area of Outstanding Natural Beauty or contaminate surrounding water-courses will not be supported.

   iv.        Written specifications (including cultivation and other operations) associated with grass and meadow plant establishment.

    v.        The soft-landscaping plans and specifications will need to address Condition 46 in the extant scheme (‘planting proposals for the border of the western land parcel.  The proposal shall provide a 15m buffer zone of native trees and plants to provide visual separation between the existing residential properties adjoining the site on Bodiam Avenue, Abbey View, Renown Close and St James Avenue) in order to discharge the extant Condition.

   vi.        Where to service yard encroaches within the 15m-wide landscape buffer zone, Extra Heavy Standard trees are to be specified; alternatively, if trees cannot be planted along this boundary, additional width to other landscape buffer boundary planting should be provided.

Reason: To enhance the appearance of the development in accordance with Policies OSS4 (iii) and EN3 and EN5 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

19.Tree planting: No works or development shall take place until a full specification, protection and maintenance of all proposed tree planting has been approved in writing by the Local Planning Authority.  The specification shall include the quantity, size, species, and positions or density of all trees to be planted, how they will be protected and the proposed time of planting in accordance with BS5837:2012 Trees in relation to design, demolition and construction – Recommendations.

A schedule of maintenance of the trees until successfully established is to be agreed in writing with the Local Planning Authority and implemented. The schedule shall include provision for replacement planting should establishment fail, such measures having regard to BS 8545:2014 Trees: from nursery to independence in the landscape – Recommendations.

Reason: To enhance the appearance of the development in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

20.Foul water drainage:  No development shall commence until a scheme for the provision of foul drainage works, including address within the requirements of the North East Bexhill allocations and extant scheme,  has been submitted to and approved in writing by the Local Planning Authority (in consultation with Southern Water) and none of the development shall be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: The details required are integral to the whole (extant scheme) development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy; and, to deliver the mitigation as identified in Chapter 12 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

21. Surface water drainage: Prior to the commencement of development, a detailed surface water drainage management proposals, including address within the requirements of the NE Bexhill allocations and extant scheme, shall be submitted to and approved in writing by the Local Planning Authority [in consultation with The Pevensey and Cuckmere Water Level Management Board and the (Lead Local Flood Authority)], and the development shall thereafter be completed and maintained in accordance with the approved details.  The surface water drainage system shall incorporate inter-alia the following and details as required by the LLFA; and, shall be prepared in consultation with the Board and take due reference of their byelaw requirements:

      i.        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 rates agreed with the board for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence.

    ii.        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.

   iii.        The detailed design shall include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

   iv.        Groundwater monitoring study: the detailed design of the surface water drainage features (underground tank and pond, etc.) shall be informed by findings of groundwater monitoring study undertaken between October and March to determine the highest winter groundwater table. 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 measure 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: The details required are integral to the whole development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy; 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; and, to deliver the mitigation as identified in Chapter 12 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

22. Drainage Plan:  Prior to the commencement of development, a maintenance and management plan for the entire drainage system shall be submitted to the Local Planning Authority in consultation with the Lead Local Flood Authority to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

      i.        This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains.

    ii.        Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

The approved plan shall remain in place for the lifetime of the development.

Reason: The details required are integral to the whole development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

 

23.Energy Statement: Prior to the commencement of development, a comprehensive written Statement expanding in detail on WSP Energy Statement (Ref: 70087953-WSP-ME-ES-01, dated March 2022) shall be submitted to and agreed in writing by the Local Planning Authority. The approved Statement shall be implemented and maintained for the lifetime of the development and shall not be altered without the prior written approval of the Local Planning Authority.

Reason: To provide a sustainable development including high levels of energy performance and carbon reduction in accordance with Policy SRM1 and 2 of the Rother Local Plan Core Strategy; and, to deliver the mitigation as identified in Chapter 10 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

24.Light pollution: Prior to the commencement of development, a written scheme shall be submitted to and agreed in writing by the Local Planning Authority that specifies the provisions to be made for the level of illumination of the site and to control light pollution. The approved scheme shall be implemented and maintained for the lifetime of the development and shall not be altered without the prior written approval of the Local Planning Authority.

Reason: To protect the amenity of the locality, in terms of light pollution especially for people living and/or working nearby, in accordance with Policies OSS4 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

25.Noise: Prior to the commencement of development, a reassessment of appropriate plant noise limits at the nearest existing residential properties shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure the amenities of existing occupiers are protected and in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014.

 

26.Working hours: During the construction phase, no works shall take place other than within the hours Monday to Friday 08:00 to 18:00 hours, Saturday 08:00 to 13:00 and not at all on Sundays, Public or Bank Holidays. Deliveries shall take place between 08:00 to 18:00 Monday to Friday only and not at all on Saturdays, Sundays, Public or Bank Holidays.

Reason: To protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

FIRST OCCUPATION CONDITIONS

 

27.Archaeological investigation/ assessment: No phase of the development hereby permitted shall be brought into use until the archaeological site investigation and post-investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) for that Phase has been completed and approved in writing by the Local Planning Authority. The archaeological site investigation and post-investigation assessment will be undertaken in accordance with the programme set out in the Written Scheme of Investigation approved under condition ‘Archaeological works’.

Reason: To ensure that the archaeological and historic interest of the site is safeguarded and recorded in accordance with Policy EN2(vi) of the Rother Local Plan Core Strategy and the National Planning Policy Framework; and, to deliver the mitigation as identified in Chapter 9 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

28. Landscape and Ecological Management Plan (LEMP): The building shall not be occupied until a LEMP has been submitted to and approved in writing by the Local Planning Authority.  The content of the LEMP should include but not limited to the following:

      i.        Aims and objectives of management.

    ii.        Appropriate management options for achieving aims and objectives.

   iii.        Prescriptions for management actions.

   iv.        Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 5-year period).

    v.        Ongoing monitoring and remedial measures.

The LEMP shall 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

The approved plan will be implemented in accordance with the approved details.

Reason: To ensure the enhancement of wildlife and supporting habitats in accordance with Policy EN5 of the Rother Local Plan Core Strategy, the NE Bexhill SPD and the National Planning Policy Framework; and, to deliver the mitigation as identified in Chapter 1 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

29.Service/ Access road: The building shall not be occupied until the part of the service road which provides access to it and the allocated parking spaces related it to have been constructed. This should provide provision for road bellmouths/ junctions to serve Phase 2 and 3 including any underground ducting, or similar, to allow for future infrastructure services.

Reason: 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 TR3 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

30.Northbound bus stop:  The building shall not be occupied until a northbound bus stop, including footpath, on Mount View Street south of the site and access detail where the footpath link is provided to the crossing point and new bus stop to the south of the site have been constructed.  Details to be submitted to and approved in writing by the Local Planning Authority (in collaboration with the County Highways).

Reason: To ensure the safety of persons and cyclists entering and leaving the access in accordance with Policies TR2 and TR3 of the Rother Local Plan Core Strategy and in the interests of the visual amenities of the locality.

 

31.Travel Plan: The building shall not be occupied until a Travel Plan (live for 5-years), as set out in sections 7 to 9 of the WSP Travel Plan (Ref.70080876-001a dated May 2022), detailing the provision of alternative transport arrangements to enable access to and from the site other than by car has been submitted to and approved in writing by the Local Planning Authority (in collaboration with the County Highways) including a timetable for the implementation and monitoring of the Plan and arrangements for its monitoring by the Local Planning Authority to ensure compliance and measures to be undertaken to ensure ongoing compliance.

Reason: To provide a sustainable development and to reduce the harmful effects of traffic upon the character, amenities and highway safety for the surrounding area, in accordance with Policies TR2 and TR3 of the Rother Local Plan Core Strategy.

 

32. Pedestrians and cyclists: No building shall be occupied until a means of access for pedestrians and cyclists has been constructed in accordance drawings submitted and approved in writing by the Local Planning Authority (in consultation with County Highways) and the access shall thereafter be retained.

Reason: To ensure the safety of persons and cyclists entering and leaving the access in accordance with Policy TR3 of the Rother Local Plan Core Strategy and in the interests of the visual amenities of the locality.

 

33. Lighting and CCTV: The building shall not be occupied until a ‘Lighting Design and CCTV Strategy’ for the development has been submitted and approved on writing by the Local Planning Authority. The strategy shall include the following:

      i.        Identify those areas/features on site that are particularly sensitive for bats, barn owls, dormice 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,

    ii.        The type and design of lighting and CCTV equipment, how and the exact location it 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 any species mentioned above or the occupiers of neighbouring residential occupiers.

            All external lighting and CCTV 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 shall any other external lighting or CCTV be installed without the express planning permission of the Local Planning Authority.

Reason: To ensure the protection and enhancement of wildlife and the amenity of neighbouring residential occupiers in accordance with Policies OSS4 and EN5 of the Rother Local Plan Core Strategy, the NE Bexhill SPD and the National Planning Policy Framework; and, to deliver the mitigation as identified in Chapter 11 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

34.Refuse and recycling bin: The building shall not be occupied until the refuse and recycling bin storage areas have been provided and thereafter all areas will be maintained.

Reason: To safeguard the visual amenities of the locality and in the interests of providing a sustainable development in accordance with Policy OSS4 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

35. Drainage (as constructed): The building shall not be occupied until evidence (including photographs) has been submitted showing that the drainage system has been constructed as per the final agreed detailed drainage design. To be approved in writing by the Local Planning Authority.

Reason: The details required are integral to the whole development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

 

ONGOING CONDITIONS

 

36. Five-year replanting: If within a period of five years from the date of soft landscape planting, or any planting in replacement, is removed, uprooted, destroyed or dies (or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective) planting 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 Policy EN3 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

37. Landscape seeding: If within a period of one year from the date of first seeding of landscape areas, in the opinion of the Local Planning Authority, planting has not attained 80% cover, then the planting will be reseeded on an annual basis to attain 100% cover, unless the Local Planning Authority gives its written consent to any variation.

Reason: To enhance the appearance of the development in accordance with Policy EN3 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

38. New wetland habitats/Sustainable Drainage System (SUDS): No development shall commence until details of the new wetland habitats (surface water ponds) proposed as part of the SUDS has been submitted to and approved in writing by the Local Planning Authority including a timetable for the implementation and monitoring of the habitat and arrangements for its monitoring by the Local Planning Authority to ensure compliance and measures to be undertaken to ensure ongoing compliance.  The habitat strategy will address:

      i.        New ponds, attenuation basins, swales and wetland planting.

    ii.        Provide for connectivity to adjacent ponds and water courses (by example Phase 2 and 3) to enhance the potential for breeding and dispersal pf reptiles and amphibians on and around the site and to adjacent habitats.

   iii.        To operate as a water filtration system to maintain the quality and quantity of the surface water run-off entering the adjacent NE Bexhill masterplan stream and Pebsham Stream.

   iv.        Long-term maintenance and management strategy.

Reason:  To ensure that the habitat is developed in a way that contributes to the nature conservation value of the site in accordance with Policies EN7 and SRM2 of the Rother Local Plan Core Strategy, the NE Bexhill SPD and the National Planning Policy Framework; and, to deliver the mitigation as identified in Chapter 12 of the Environmental Statement (July 2015) and the Environmental Statement Addendum (October 2015) pursuant to the extant scheme.

 

39. Fire vehicle track:  The ‘Fire Track’ indicated on the submitted Proposed Site Plan – Phase 1, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9002P/P02 dated 10 May 2022 shall be used to emergency access purposes only.

Reason: To safeguard the amenity of neighbouring residential occupiers in line with Policy OSS4 of the Rother Local Plan Core Strategy.

 

40. Permeable paving: If within a period of one year from the date of first seeding/planting of the permeable paving areas, in the opinion of the Local Planning Authority, planting has not attained 80% cover, then the planting will be reseeded/planted on an annual basis to attain 100% cover, unless the Local Planning Authority gives its written consent to any variation. Works will address, where through vegetation maintenance or soil slip, the surface has created any depressions, rutting and cracked or broken blocks considered detrimental to the structural performance or a hazard to users, reinstatement to raise the planted surface within 25mm of the level of the paving; and, rehabilitation of surface and upper sub-structure, as required.

Reason: to ensure that the permeable paving functions as required to address surface water catchment and management. To enhance the appearance of the development in accordance with Policy EN3 of the Rother Local Plan Core Strategy.

 

41. Working hours: (Delivery and Servicing Plan) no deliveries, loading or unloading or other servicing activities shall take place at the site other than between the hours of 0800 and or after 1800 on weekdays; before 0800 or after 1300 on Saturdays, or at any time on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenity of neighbouring residential occupiers in line with Policy OSS4 of the Rother Local Plan Core Strategy.

 

PHASE TWO - GRANT (OUTLINE PLANNING PERMISSION)

 

CONDITIONS:

 

1.    Reserved Matters: Approval of the details of the access, appearance, landscaping, layout and scale of the Phase 2, (hereinafter called "the reserved matters"), shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out only as approved.

Reason: In accordance with section 92 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.    Expiration: Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: In accordance with section 92 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

 

3.    Expiration: The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: In accordance with section 92 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

 

4.    Drawings: Subject to the details required by Condition 1, the development hereby permitted shall not materially depart from the following approved drawings:

      i.        Proposed Site Plan – Phase 2, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9003P, dated 10 May 2022.

    ii.        Planning – Phase 2 Site Sections, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9009P/PO2, dated 12 May 2022.

   iii.        Phase 2 – Proposed Upper and Lower Ground Floor Site Plans, Drawing No. MVRDOP-GDA-V5-ZZ-DR-A-9010P/PO2, dated 12 May 2022.

Reason: For the avoidance of doubt and in the interests of proper planning as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21 a-022-20140306.

 

5.    Construction Management Plan:  As set-out for Phase 1 above.

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

 

6.    Phased parking provision:  No development shall commence until details of a phased parking/re-provision strategy for Phase 1 and Phase 2 is submitted to and approved in writing by the Local Planning Authority. Development shall be carried out only as approved.

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 (iii) of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.    This permission is the subject of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).

 

2.    National Highways have advised that the Construction Management Plan shall include details (text, maps and drawings as appropriate) of the scale, timing and mitigation of all construction related aspects of the development. It will include but is not limited to: site hours of operation, numbers, frequency, routing and type of vehicles visiting the site (including measure to limit delivery journeys on the SRN during highway peak hours such as the use vehicle booking systems etc); measure to ensure that HGV loads are adequately secured, travel plan and guided access/egress and parking arrangements for site workers, visitors and deliveries; plus sheeting of loose loads and wheel washing and other facilities to prevent dust, dirt, detritus etc from entering the public highway (and means to remove if it occurs).

 

3.    National Highways would wish to see the roads within the site that are not to be offered for adoption be laid out and constructed to standards at, or at least close to, adopted standards.

 

4.    East Sussex Fire & Rescue Service have recommended the installation of a sprinkler system and further guidance is available in the British Standard, Codes of Practice BS EN 116925, BS 9251 & BS EN 12845.

 

5.    The Applicant is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning permission for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. Separate licences and consents may be required to undertake work on the site where protected species are found, and these should be sought before development commences.

 

6.    This planning permission does not authorise any interference with animals, birds, marine life, plants, fauna and habitats in contravention of the requirements of the Wildlife and Countryside Act 1981, the Countryside and Rights of Way Act 2000 (CROW) and other legislation.

 

7.    The Applicant should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development.

 

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 Madeley declared a Personal Interest in so far as she was a Member of League of Friends of Bexhill Hospital Management Board and in accordance with the Member’s Code of Conduct remained in the meeting during the consideration thereof).