RM

DECISION: APPROVE (FULL PLANNING) SUBJECT TO CONDITIONS DELEGATED TO OFFICERS

The proposal was a resubmission of an application which was previously refused for an extension of the existing building on the site, as well as change of use of the building from a Class B1 commercial unit to a mixed use live/work unit (sui generis).  The site was located approximately 0.7km from the village of Dallington, formed part of a relatively small field that contained a commercial building which was clad and roofed in sheet metal and parking was provided by an area of hardstanding.  The field was surrounded by mature trees and hedgerow which were considered historic field boundaries.  The site was located within the High Weald Area of Outstanding Natural Beauty (AONB) and outside of any defined development boundary.  The officer’s opinion was that the proposed development did not comply with the Council’s Local Plan Core Strategy (Policies OSS2, OSS4, RA2, RA3, EN1 and TR3), Development and Site Allocations Local Plan (Policies DEN2 and DIM2) or paragraphs 104 and 176 of the National Planning Policy Framework (NPPF) and the recommendation was for refusal.

The Planning Committee heard from the Applicant, the Applicant’s partner who spoke on behalf of the Applicant’s Agent who both outlined the site history, provided details of the application, proposed usage (carpentry business), materials to be uses and support received from the local community.  Members also heard from the Chairman of Dallington Parish Council (DPC) who outlined the local amenities within the village, economic potential of the business and community benefits and stipulated that DPC was supportive of the application.  The comments of the Local Ward Member were also considered, and regard was given to the Appeal decision of 2019, where permission was dismissed.

After deliberation, the Planning Committee felt that the proposed development complied with Rother Local Plan Core Strategy Policy RA2(iii) and paragraph 80 of the NPPF.  They felt that the site was an ideal location for a live/work unit as the Applicant currently used the property for his carpentry business and local amenities were within walking distance.  It was of a good design with a proposed low carbon output, provide security for the business, ultimately supporting the local economy and community.  The development would not fail to conserve and would enhance the landscape and scenic beauty of the AONB.  Therefore, the Planning Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider in consultation with and subject to the agreement of the Chair) including the removal of permitted development rights and that the permission included the continuation of the carpentry business.

Councillor Curtis moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Mrs Barnes.  The motion was declared CARRIED (8 for / 5 against).

CONDITIONS:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2.    The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Site Location Plan, drawing no. 01 Rev P1, dated November 2021

Proposed Floor Plans, drawing no. 06 Rev P1, dated November 2021

Proposed Elevations, drawing no. 07 Rev P1, dated November 2021

Proposed Site Plan, drawing no. 08 Rev P1, dated November 2021

Proposed Perspective View, drawing no. 09 Rev P1, dated November 2021

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

3.    No development above ground level shall take place until samples of the materials to be used in the construction of the external surfaces of the extension and building 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 appearance of the locality within the High Weald AONB and to preserve the visual amenities of the area in accordance with Policies EN3 and OSS4 (iii) of the Rother Local Plan Core Strategy and Policy DEN2 of the Rother Development and Site Allocations Local Plan.

4.    No development shall commence until a scheme for the provision of foul and surface water drainage works has been submitted to and approved in writing by the Local Planning authority and none of the dwellings 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 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.

5.    The mitigations and enhancement measures recommended within section 6.0 of the Preliminary Ecological Appraisal undertaken by The Mayhew Consultancy shall be implemented in full.

Reasons: To ensure the development safeguards protected species using the site, in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy, Policy DEN4 of the Rother – Development and Site Allocations Local Plan

6.    No works above ground shall take place until the hard and soft landscaping details for the site have been submitted to and approved by the local planning authority, which shall include:

a.    planting plans;

b.    written specifications (including cultivation and other operations associated with plant and grass establishment);

c.    schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate;

d.    hard surfacing materials;

e.    implementation programme.

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the local planning authority.

Reason: To enhance and maintain the character and appearance of the locality within the High Weald AONB, in accordance with Policy OSS4 (iii) and EN1 of the Rother Local Plan Core Strategy and Policy DEN1 and DEN2 of the Development and Site Allocations Local Plan.

7.    The office and workspace shall be used only for business/commercial purposes and shall not be used for C3 residential use.

Reason: To prevent further domestication of the site and to preclude the creation of a new dwelling in the countryside in accordance with policy RA3 of the Rother Local Plan Core Strategy.

8.    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 extensions, structures or alterations, as defined within classes A, B or E of Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the local planning authority.

Reason: To ensure that the satisfactory appearance of the development and area is maintained and to preserve the natural landscape quality and character of the High Weald AONB in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

9.    The dwelling hereby permitted shall not be occupied until the refuse and recycling areas have been laid out within the site in accordance with drawing no. 08 Rev P1 dated November 2021. Thereafter, these areas shall be used for the storage and collection of waste only.

Reason: To ensure sufficient bin storage and collection points are provided for the dwelling and in the interests of visual amenity, having regard to Policy OSS4 of the Rother Local Plan Core Strategy and policy DHG7 (iii) of the Development and Site Allocations Local Plan.

10. The dwelling hereby permitted shall not be occupied until it has been constructed in accordance with Part M4(2) (accessible and adaptable dwellings) of Schedule 1 of the Building Regulations 2010 (as amended) for access to and use of buildings.

Reason: To ensure that an acceptable standard of access is provided to the dwelling in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother Development and Site Allocations Local Plan.

11. The dwelling hereby approved shall meet the requirement of no more than 110 litres/person/day water efficiency set out in Part G of Schedule 1 of the Building Regulations 2010 (as amended) for water usage. The dwelling hereby permitted shall not be occupied until evidence has been submitted to and approved in writing by the local planning authority to demonstrate that the dwellings have been constructed to achieve water consumption of no more than 110 litres per person per day.

Reason: To ensure that the dwelling is built to acceptable water efficiency standards in line with sustainability objectives and in accordance with Policy SRM2 (v) of the Rother Local Plan Core Strategy and Policy DRM1 of the Rother Development and Site Allocations Local Plan.

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/CIL for further information and the charging schedule.

2.    The landowner and/or developer should take all relevant precautions to minimise the potential for disturbance to adjoining occupiers from noise and dust during the construction period.

3.    The applicant is advised that it is their responsibility to notify their Building Control Body (Local Authority or Approved Inspector) that conditions triggering the optional technical standards for Water Efficiency and Accessibility are attached to this planning permission and that development should be built accordingly. Enforcement action may be taken without further notice if the relevant standards are not achieved

4.    This permission may include condition(s) requiring the submission of details prior to the commencement of development. Following close consideration in the courts, it is now well established that if the permission contains conditions requiring further details to be submitted to the Council or other matters to take place prior to development commencing and these conditions have not been complied with, the development may be unlawful and not have planning permission. You are therefore strongly advised to ensure that all such conditions have been complied with before the development is commenced. A fee is payable for written requests for compliance with conditions; the current fee is £34.00 for each request for householder developments and £116.00 for each request for all other categories of development. The appropriate 1APP form can be downloaded from the Council's Planning website www.rother.gov.uk/planning.

The above minute was amended at the subsequent Planning Committee meeting held on 1 September 2022.