The Planning Committee was advised that Condition 5 as outlined in the report was no longer required, as it was a partial repeat of Condition 4 which already covered the issue; it would therefore be removed.

 

DECISION: GRANT (FULL PLANNING) DELEGATED SUBJECT TO COMPLETION OF A SECTION 106 AGREEMENT IN RESPECT OF: on-siteaffordable housing; off-site highway improvements; transfer of land for school playing fields; transfer of land for public open space with commuted sum for maintenance; management of the development area in terms of public areas and drainage.

 

SUBJECT TO 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:

200529_LP-01 Rev.B dated 03/03/23 (location plan)

200529_SL-01 Rev.U dated 03/03/23 (site layout)

200529_SL-PS Rev.C dated 03/03/23 (parking strategy)

200529_SS-01 Rev.E dated 05/04/23 (street scene/sections A-A & B-B)

200529_SS-02 Rev.B dated 6/10/22 (street scenes/sections C-C & D-D)

LLD2587-ARB-DWG-002 rev.04, dated 13/10/22 (tree retention and protection)

200529_HT-A-EL Rev.A dated 05/04/23 (house type A elevations)

200529_HT-C-EL1 Rev.A dated 05/04/23 (house type C1 elevations)

200529_HT-D-EL Rev.A dated 05/04/23 (house type D elevations)

200529_HT-F-EL Rev.A dated 05/04/23 (house type F elevations)

200529_HT-A-FP dated 08/10/22 (house type A floor plans)

200529_HT-B-EL dated 08/10/22 (house type B elevations)

200529_HT-B-FP dated 08/10/22 (house type B floor plans)

200529_HT-C-EL2 dated 08/10/22 (house type C2 elevations)

200529_HT-C-FP2 dated 08/10/22 (house type C2 floor plans)

200529_HT-C-FP1 dated 08/10/22 (house type C1 floor plans)

200529_HT-D-FP dated 08/10/22 (house type D floor plans)

200529_HT-E-EL dated 08/10/22 (house type E elevations)

200529_HT-E-FP dated 08/10/22 (house type E floor plans)

200529_HT-Ea-EL1 & 2 dated 08/10/22 (house type Ea elevations)

200529_HT-Ea-FP dated 08/10/22 (house type Ea floor plans)

200529_HT-F-FP dated 08/10/22 (house type F floor plans)

200529_HT-G-EL1, 2 & 3 dated 08/10/22 (house type G elevations)

200529_HT-G-FP dated 10/11/22 (house type G floor plans)

200529_AB-SG-01 dated 10/11/22 (garages plans and elevations)

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

 

3.        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 to and approved in writing by the Local Planning Authority.

Reason: The site is located in an area where archaeology has already been found and hence a pre-commencement condition is required to ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy.

 

4.        No development shall commence until details (including a technical design) of the proposed means of foul sewerage and surface water disposal have been submitted to, and approved in writing by, the Local Planning Authority. (With regard to the technical detail for a surface water drainage system to serve the site during construction and the subsequent development, the developer is referred to the comments of the Lead Local Flood Authority in their response dated 30 May 2023. In addition, the scheme shall ensure that no drainage is connected to or discharges onto the highway.)

Reason: Drainage is an integral necessary requirement for the development and at the present time the full details have yet to be approved and to ensure that the development functions efficiently and effectively without resulting in flooding or other harmful impacts to the local area, wildlife or habitats in this rural location within the High Weald Area of Outstanding Natural Beauty, in accordance with Policy SRM2 of the Rother Local Plan Core Strategy and Policy DEN5 of the Development and Site Allocations Local Plan and paragraph 169 and 174 of the National Planning Policy Framework.

 

5.        No development shall take place and no equipment, machinery or materials shall be brought on to the site for the purposes of the development until the erection of fencing for the protection of any retained trees and hedges (and including the ancient woodland buffer zone) has been undertaken in accordance with approved plan LLD2587-ARB-DWG-002 rev.04, dated 13.10.22. The fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.

Reason: To ensure that trees and hedges are not damaged or otherwise adversely affected by building operations and soil compaction to conserve and enhance the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty and mitigate and enhance the appearance of the development, in accordance with Policies OSS4 (iii), EN1 and EN3 (ii) (e) of the Rother Local Plan Core Strategy, Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan and Paragraphs 174 and 176 of the National Planning Policy Framework.

 

6.        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. 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:

·               the anticipated number, frequency and types of vehicles used during construction;

·               the method of access and egress and routeing of vehicles during construction;

·               the parking of vehicles by site operatives and visitors;

·               the loading and unloading of plant, materials and waste;

·               the storage of plant and materials used in construction of the development;

·               the erection and maintenance of security hoarding;

·               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); and

·               details of public engagement both prior to and during construction works.

Reason: In the interests of highway safety and the amenities of the area having regard to Policies CO6 and TR3 of the Rother Local Plan Core Strategy.

 

7.        No above ground works shall commence until details of the following have been submitted and approved by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details:

a)        1:10 scale drawings of proposed details including fenestration, eaves details and porches.

b)        Samples of the materials to be used in the construction of all external faces of the buildings, including bricks, cladding and the clay tiles to be used for the roof tiles and tile hanging and fenestration.

c)        The proposed site levels and finished floor levels of all buildings in relation to existing site levels, and to adjacent highways and properties (including levels of paths, drives, steps and ramps).

d)        Details for the provision of renewable energy generation on the site.

e)        Details for the provision of EV charging points to serve each plot.

Reason: To ensure a high building appearance and architectural quality, to provide renewable energy on site having regard to climate change and net zero carbon and to protect the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty, in accordance with Policies PC1, OSS4, EN1, EN3 and TR3 of the Rother Local Plan Core Strategy and Policies DRM3, DEN1 and DEN2 of the Development and Site Allocations Local Plan.

 

8.        No above ground works shall commence until the following public realm and hard landscaping details have been submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be carried out as approved:

a)        Boundary treatments (plot and other, including the ancient woodland buffer zone) and any other means of enclosure (fences, railings and walls) indicating the locations, type, design, height, and materials of such.

b)        Hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hardstanding).

c)        Public access gates and benches to serve the community open space.

Reason: To ensure the creation of a high-quality public realm, design quality, and landscape setting, in accordance with Policies OSS4, EN1 and EN3 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

 

9.        No above ground works shall commence until the following soft landscaping details have been submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme:

a)        Planting plans, including landscape and ecological mitigation (buffer planting and green buffers).

b)        Schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate.

c)        Details for implementation, including written specifications for cultivation and other operations associated with plant and grass establishment.

Reason: To ensure the creation of a high-quality public realm and landscape setting, that enhances the landscape and scenic quality of the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4, EN1 and EN3 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

 

10.      No spoil shall be placed into the field/area of community open space west of the development site nor levels changed within this area, unless a scheme has first been submitted to and approved in writing by the Local Planning Authority. Subsequent changes in level shall only be undertaken in accordance with the approved scheme.

Reason: To ensure that an unnatural feature is not created and that the proposals conserve and enhance the landscape and scenic quality of the High Weald AONB, in accordance with Policies OSS4, EN1 and EN3 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

 

11.      The development hereby approved shall be implemented strictly in accordance with the recommendations/measures stated in the supporting document, “Ecological Impact Assessment by Lizard Landscape Design and Ecology, dated 13/10/22” and those details shall be incorporated within the landscape management plan to be submitted in accordance with the associated Section 106 agreement.

Reason: To minimise the impacts of development on biodiversity, specifically reptiles, in accordance with paragraphs 174 and 180 of the National Planning Policy Framework and Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocations Local Plan.

 

12.      Prior to above ground works, specific details of biodiversity enhancements within the site, including in the ancient woodland buffer zone to reduce predation, are to be submitted to and approved in writing by the Local Planning Authority and works shall be completed and maintained in accordance with the approved details.

Reason: To ensure protection of protected species and provide biodiversity enhancements in accordance with Policy EN5 of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and Site Allocations Local Plan and paragraphs 174 and 180 of the National Planning Policy Framework.

 

13.      No development shall be occupied until the vehicular access serving the development has been constructed in accordance with the approved drawing [Ref: 200529 SL-01].

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway having regard to Policies CO6 and TR3 of the Rother Local Plan Core Strategy.

 

14.      The access shall not be used until visibility splays of 2.4m X 50m are provided to the east and 2.4m X 54m are provided to the west and maintained thereafter.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway having regard to Policies CO6 and TR3 of the Rother Local Plan Core Strategy.

 

15.      The development shall not be occupied until the parking areas and electric charging points have been provided in accordance with the approved plans 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 having regard to Policies TR4 of the Rother Local Plan Core Strategy.

 

16.      The proposed parking spaces shall measure at least 2.5m by 5m (add an extra 50cm where spaces abut walls).

Reason: To provide adequate space for the parking of vehicles and to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.

 

17.      The proposed garage[s] shall measure at least 3m by 6m (internally) incorporating space for cycle storage.

Reason: To provide adequate space for the parking of vehicles and to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway having regard to Policy TR4 of the Rother Local Plan Core Strategy.

 

18.      The development shall not be occupied until a cycle parking area has been provided for each unit in accordance with the approved plans, (via use of the garage/shed to be provided for each unit) and the area[s] shall thereafter be retained for that use.

Reason: In order that the development site is accessible by non- car modes and to meet the objectives of sustainable development having regard to Policy TR4 of the Rother Local Plan Core Strategy.

 

19.      No lighting shall be provided on the site unless a scheme has first been submitted to and approved in writing by the Local Planning Authority. The lighting scheme should comply with the Institution of Lighting Professionals Guidance Note for the reduction of obtrusive light 2011(or later versions). It should be designed so that it is the minimum needed for security and operational processes and be installed to minimise potential pollution caused by glare and spillage.

Illuminated area m2	Zone E1	Zone E2	Zone E3	Zone E4
Up to 10.00	100	600	800	1,000
Over 10.00	n/a	300	600	600

 

Environmental Zones

 

Zone	Surrounding	Lighting Environment	Examples
E0	Protected	Dark	UNESCO Starlight Reserves, IDA Dark Sky Parks
E1	Natural	Intrinsically Dark	National Parks, Areas of Outstanding Natural Beauty etc.
E2	Rural	Low Brightness	Village or relatively dark outer suburban locations
E3	Suburban	Medium Brightness	Small town centres or suburban locations
E4	Urban	High Brightness	Town/city centres with high levels of night-time activity

 

The guidance advises that, where an area to be lit lies on the boundary of two zones or can be observed from another zone, the limits used should be those applicable to the most rigorous zone.

Reason: To prevent light pollution/overspill/obtrusive lighting in the interests of the amenities of adjoining residents, to protect the dark sky environment and local biodiversity within the countryside of the High Weald Area of Outstanding Natural Beauty, in accordance with Policies OSS4 (ii) (iii) RA3 (v) EN1 of the Rother Local Plan Core Strategy and Policies DEN1, DEN2, DEN4 and DEN7 of the Development and Site allocations Local Plan.

 

20.      The dwellings 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 dwellings 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 dwellings 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 Development and Site Allocations Local Plan.

 

21.      The dwellings hereby permitted shall not be occupied until 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 dwellings in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Development and Site Allocations Local Plan.

 

22.      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.

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

 

23.      If within a period of 10 years from the date of the planting of any tree, that tree, or any tree 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 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 and the landscape of the High Weald Area of Outstanding Natural Beauty in accordance with policies OSS4, EN1 and EN3 of the Rother Local Plan Core Strategy and Policies DEN1 and DEN2 of the Development and Site Allocations Local Plan.

 

NOTES:

 

1.      This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990.

 

2.      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.

 

3.      Authority’s requirements associated with the development proposal will need to be secured through a section 278/106 Legal Agreement between the Applicant and East Sussex County Council. The Applicant is requested to contact the Transport Development Control Team (01273 482254) to commence this process. The Applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.

 

4.      The Applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to (amongst other things): deliberately capture, disturb, injure or kill great crested newts; damage or destroy a breeding or resting place; deliberately obstruct access to a resting or sheltering place. Planning approval for a development does not provide a defence against prosecution under these acts. Should great crested newts be found at any stages of the development works, then all works should cease, and Natural England should be contacted for advice.

 

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.      Southern Water require a formal application for connection to the public sewerage system in order to service this development. Their initial assessment of the application does not prejudice any future assessment or commit to any adoption agreements under Section 104 of the Water Industry Act 1991. Please note that non-compliance with the Design and Construction Guidance will preclude future adoption of the foul and surface water sewerage network on site. The design of drainage should ensure that no groundwater or land drainage is to enter public sewers.

 

7.      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/or Accessibility and Wheelchair Housing Standards 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.

 

8.      The Highway Authority would wish to see roads within the site that are not to be offered for adoption, laid out and constructed to standards at, or at least close to, adoption standards.

         (Attach Highway Form HT401 to decision)

 

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 Coupar declared a Personal Interest in this matter in so far as she was a Governor at Sedlescombe CE Primary School; the school was being offered some land as part of the development and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).