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 plans and details:

Location Plan; Drawing No. 3105.00.01 Rev 01 dated 11.10.21

Proposed Site Plan; Drawing No. 3105.05.01 Rev 01 dated 11.10.21

Proposed Ground Floor Plan; Drawing No. 3105.06.00 dated Jul’ 21

Proposed Roof Plan; Drawing No. 3105.07.00 dated Jul’ 21

Proposed Elevations; Drawing No. 3105.08.00 dated Jul’ 21

Landscape Statement by Enzygo Environmental Consultants (February 2022)

National Planning Policy Framework: Flood Risk Assessment by Enzygo Environmental Consultants (July 2021)

Supporting Statement including Planning Statement by Rural & Urban Planning Consultancy (February 2022)

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

3.     The materials to be used in the construction of the external surfaces of the building hereby permitted shall be those detailed in the submitted application, unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the development reflects the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy.

4.     No development above ground level at the site shall take place until the hard and soft landscaping details including details of 10 No. new trees to planted as specified within the submitted Landscape Statement (February 2022) have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

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

5.     If within a period of five years from the date of the planting of any tree or plant, that tree or plant , or any tree or plant 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 or plant 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 ensure the ongoing enhancement of the development in accordance with Policies OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

6.     The development shall be carried out in accordance with the Mitigation Measures contained within the Landscape Statement (February 2022). The mitigation measures identified in the statement shall be implemented in full prior to the buildings being brought into use.

Reason: To ensure the ongoing enhancement of the development in accordance with Policies OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

7.     The development shall be carried out in accordance with the Mitigation Measures contained within the National Planning Policy Framework: Flood Risk Assessment (July 2021). The mitigation measures identified in the assessment shall be implemented in full prior to the buildings being brought into use.

Reason: To reduce the risk of flooding having regard to Policy EN7 of the Rother Local Plan Core Strategy.

8.     Unless otherwise agreed in writing by the Local Planning Authority, in accordance with the conditions attached to the Premises License issued under the Licensing Act 2003 for activities of regulated entertainment the clubhouse shall not be open to customers outside the following times 10:00 to 23:00 Sunday to Thursday and 10:00 to 02:00 Friday and Saturday.

Reason: To protect the amenity of the locality in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy, Policy DEN7 of the Rother Development and Site Allocations Local Plan and Paragraph 185 of the National Planning Policy Framework.

9.     Amplified music, other entertainment noise and/or the public address system shall be restricted to a maximum of 40 dBLA90 as measured at any point along the north west boundary of the car part (north west of Martello Tower), 3.5m inside the fence and shall be controlled by volume limiting device to be agreed with the Local Planning Authority.  Should the use of the device alone not be sufficient to attain the specified noise level, then a scheme for soundproofing of the buildings shall be submitted to and approved by the Local Planning Authority.  The use of the premises shall not commence until all soundproofing works have been carried out to the satisfaction of the Local Planning Authority.

Reason: To protect the amenity of the locality in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy, Policy DEN7 of the Rother Development and Site Allocations Local Plan and Paragraph 185 of the National Planning Policy Framework.

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.

(When it first became apparent, Councillor J. Barnes declared as Personal Interest in this matter as he was until quite recently Vice-Chair of Friends of Rye Harbour and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).