DECISION: GRANT (FULL PLANNING)

CONDITIONS:

1.     The development hereby permitted shall be begun before the expiration of three years from the date of the original permission RR/2021/1197/P dated 10 February 2022, i.e. before 10 February 2025.

Reason: This permission is granted pursuant to planning permission RR/2021/1197/P dated 10 February 2022 Under Section 73 of the Town and Country Planning Act 1990 the Council has considered the conditions subject to which the previous planning permission was granted and confirms that the conditions and associated reasons remain pertinent and are re-imposed, apart from as varied by this permission.

Condition 2 is varied as follows:

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

Detailed on RR/2021/1197/P

Existing Layout Plan, Drawing No. 6760/EX, dated January 2021

Detailed on RR/2022/1113/P

Proposed Location Block Plan, Drawing No. 6760/200/LBP, dated April 2022

Amended Proposed Block Plan, Drawing No. 6760/200/2/A, dated June 2022

Proposed Elevations and Block Plan, Drawing No. 6760/200/1/A, dated April 2022

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

The following conditions remain extant:

3.     No development above ground level of the site shall take place until samples of the materials to be used in construction of the dwelling 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 is in character with its surroundings and to maintain the visual amenities of the locality in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

4.     The development shall not be occupied until the boundary walls and fences shown on the permitted plans have been constructed. They shall thereafter be retained in accordance with the approved details.

Reason: To safeguard the amenities of neighbouring properties in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy.

5.     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), the garage hereby approved shall be retained for such use and shall not be altered internally or externally for use as habitable accommodation.

Reason: To ensure a satisfactory level of off-road parking facilities so as not to prejudice the free flow of traffic and conditions of general safety along the highway and to preclude the creation of a separate dwelling and to accord with Policy TR4 and RA3 of the Rother Local Plan Core Strategy.

6.     Prior to occupation of the development hereby permitted, the reconstructed access shall be in the position shown on the submitted plan and laid out and constructed in accordance with the attached HT407 form and all works undertaken shall be executed and completed by the Applicant to the satisfaction of the Local Planning Authority.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

7.     The access shall not be used until visibility splays of 2.4m by 43m are provided in both directions and maintained thereafter.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

8.     No part of the development shall be first occupied until pedestrian visibility splays of 2m x 2m have been provided either side of the proposed site vehicular access onto Cottage Lane. These visibility splays shall thereafter be kept free of all obstructions over a height of 600mm.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

9.     The gate shall be positioned at least 5.5m back from the edge of the highway (and open inwards) in order that a vehicle may wait clear of the highway whilst the gate is being operated.

Reason: To ensure that the use of the highway by persons and vehicles is not obstructed by waiting vehicles in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

10.  The development shall not be occupied until parking area have been provided in accordance with the approved plans which has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas shall thereafter be retained for that use and shall not be used other than for the parking of 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 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

11.  The development shall not be occupied until cycle parking areas have been provided in accordance with the details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

Reason: In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

12.  The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the approved plan which has been submitted to and approved in writing by the Local 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 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

13.  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 dwelling has 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.

14.  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 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

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.