Agenda item

RR/2022/2069/P - Former Market Garden, Lower Waites Lane, Fairlight

Minutes:

DECISION: GRANT (FULL PLANNING)

 

The Planning Committee requested that the developer convert one parking space into a disabled space (via a non-material amendment application) and install EV charging points across the site, where possible.

 

CONDITIONS:

 

Condition 2 is varied as follows:

 

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

662/002 P7 - Proposed Site Plan, dated 07/07/22

662/003 P6 – Proposed Site Plan, dated 18/06/21

662/004 P6 – Roof Plan, dated 07/07/22

662/006 P5 – Site Sections 1-4, dated 07/07/22

662/007 P4 – Site Sections 5-8, dated 07/07/22

662/008 P4 – Site Sections 9-12, dated July 2022

662/021 P3 – House Types 1,3,5,7,9 & 11, dated 07/07/22

662/022 P2 – House Types 13 & 15, dated 6 July 2017

662/023 P2 – House Types 2,4,8 & 10, dated 6 July 2017

662/024 P2 – House Type 6, dated 6 July 2017

662/025 P2 – House Type 12, date 6 July 2017

662/026 P2 – House Type 14, dated 6 July 2017

662/027 P2 – House Types 16, dated 6 July 2017

662/028 P4 – Bin Store 1, dated 07/07/22

662/030 P3 – Detailed Section/Elevation, dated 07/07/22

662/031 P2 – 3D View, dated 8 August 2017

662/303 P2 – Location Plan, dated 26 April 2017

662/304 P5 – Site Location Plan, dated 07/07/22

8330P/301B – Surface Water Drainage Layout, dated 11 July 2017

8330P/302B – Foul Water Drainage, dated 11 July 2017

100 P2 – Proposed Carriageway and Access Alignment, 5 November 2007

Written Scheme of Archaeological Investigation (Chris Butler), dated June 2015

Drainage Strategy and Sustainable Drainage Management and Maintenance Plan (Issue B) – Monson, dated 11 July 2017

Arboricultural Report (Sylvan Arb) Ref SA/91/14, dated 27 June 2014

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

 

Condition 22 is varied as follows:

 

22. No part of the development shall be occupied until the car parking spaces have been constructed and provided in accordance with Drawing No 662/003 P6 – Proposed Site Plan, dated 18/06/21. 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 provision of adequate on-site parking that does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6, TR4 and TR3 of the Rother Local Plan Core Strategy.

 

Condition 23 is varied as follows:

 

23. No part of the development shall be occupied until the vehicle turning space has been constructed within the site in accordance with Drawing No 662/003 P6 – Proposed Site Plan, dated 18/06/21. The space shall thereafter be retained at all times for this use only and shall not be obstructed.

Reason: To ensure the provision of adequate turning facilities that do not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6 and TR3 of the Rother Local Plan Core Strategy.

 

The following conditions of RR/2017/457/P remain extant:

 

10. No building hereby permitted shall be occupied until surface water drainage works shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority in consultation with Southern Water. Before any details are submitted to the Local Planning Authority an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system, having regard to DEFRA's non-statutory technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, and ensure future maintenance of the surface water drainage system in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy.

 

11. None of the dwellings hereby permitted shall be occupied until works for the disposal of sewage shall have been provided on the site to serve the development hereby permitted, in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority in consultation with Southern Water.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, and ensure future maintenance of the surface water drainage system in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy.

 

17. No development shall commence until details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority, including indications of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

Reason: To ensure the creation of a high-quality public realm and landscape setting that enhances the character and appearance of the development and its locality in accordance with Policies OSS4 and EN3 of the Rother Local Plan Core Strategy.

 

18. Prior to the occupation of the development, a landscape management plan, including management responsibilities and maintenance schedules for the communal hard and soft landscape areas including any street furniture and minor artefacts therein, shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure a high-quality public realm taking account of the characteristics of the locality in accordance with Policies OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

19. 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 buildings or the completion of the development, whichever is the sooner; and any trees, or plants which within a period of five 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 enhance the appearance of the development and the character and appearance of the locality in accordance with Policies OSS4 and EN3 of the Rother Local Plan Core Strategy.

 

24. No part of the development shall be occupied until the road, footways and parking areas serving the development have been constructed, drained and lit in accordance with plans and details that have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the provision of adequate pedestrian and vehicular access and on-site parking so as not to prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6, TR4 and TR3 of the Rother Local Plan Core Strategy.

 

26. 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 garages hereby approved shall 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 accord with Policy TR4 of the Rother Local Plan Core Strategy.

 

27. Notwithstanding the provisions of Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no fences, gates or walls, buildings or structures of any kind, shall be erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a road.

Reason: To safeguard the open and green character and appearance of the development and area in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

28. The dwelling(s) hereby permitted shall not be occupied until it they have 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(s) 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.

 

The following conditions of RR/2017/457/P require amended details to be agreed:

 

12. 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 indicating the positions, design, height, materials and type of boundary treatment to be erected.

Reason: To ensure a high-quality development taking account of the semi-rural characteristics of the locality in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

25. No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved in writing by the Local Planning 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 Policy TR3 of the Rother Local Plan Core Strategy.

 

New Condition

 

26. The full height doors on the garages hereby permitted are not approved. Before any doors are installed on the garages hereby permitted, and before the first occupation of any of the properties with garages, details of ¾ height garage doors shall be submitted to and approved in writing by the Local Planning Authority. The garage doors shall be installed and thereafter retained in accordance with the approved details.

Reason: To prevent the garages being used solely as a storage facility and to strongly encourage them to be used for the parking of vehicles in order to avoid on-street parking and thus protect highway safety in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

 

Conditions 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 20 and 21 have been approved.

 

Condition 1 has been complied with.

 

Condition 3 has been complied with in part.

 

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.

 

(Councillor Mier declared a Personal Interest in this matter as he lived near the site and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).

Supporting documents: