The Planning Committee was advised that Condition 26 as outlined in the report was no longer required as the internal road was not going to be adopted by East Sussex County Council; it would therefore be removed.

 

DECISION: GRANT (FULL PLANNING PERMISSION) DELEGATED [SECTION 106 TO SECURE 1) TRANSPORT CONTRIBUTIONS AND OFF-SITE WORKS; 2) LOCAL EMPLOYMENT AND SKILLS PLAN; AND 3) OFF-SITE ENVIRONMENTAL MITIGATION WORKS]

 

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:

Site Block Plan – Drawing No. 1002 P1, dated 21-12-2022

Proposed Site Plan – Drawing No. 1200 P4, dated 21-12-2022

Proposed Elevations – Light Industrial Units – Block A – Drawing No. 2120 P2, dated 2022-12-21

Proposed Elevations – Light Industrial Units – Block B – Drawing No. 2130 P2, dated 2022-12-21

Proposed Elevations – Light industrial Units – Block C – Drawing No. 2140 P2, dated 2022 -12-21

Proposed Elevation – Medical Centre – Drawing No. 2110 P2, dated 2023-05-04

Proposed GA Plans – Light Industrial Units – Block A – Drawing No. 2020 P1, dated 2022- 12- 21

Proposed GA Plans – Light Industrial Units – Block B – Drawing No. 2030 P1, dated 2022-12-21

Proposed GA Plans – Light Industrial Units – Block C – Drawing No. 2040 P1, dated 2022-12-21

Proposed GA Plans – Medical Centre – Drawing No. 2010 P1, dated 2022-12-21

Proposed Site Sections (AA – BB) Drawing No. 2205 Rev P0, dated 2022-12-21

Proposed Site Sections (CC – DD) Drawing No. 2206 Rev P0, dated 2022-12-21

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

 

3.        All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Phlorum, May 2023, Rev2, Ref: 10078), Landscape Masterplan (Lizard, 19.12.2022, Drawing. No: LLD2158-LAN-DWG-010 Rev04) and Defra Excel Biodiversity Metric 4.0 (Phlorum, 01 June 2023, V2) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination. Amongst other things, this includes the requirement for an updated badger survey to inform any further badger mitigation and/or licencing, a bat licence and a great crested newt licence.

Reason: To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified, and to provide a net gain for biodiversity as required by paragraphs 174 and 180 of the National Planning Policy Framework, Section 40 of the Natural Environment and Rural Communities Act 2006 and Policy EN5 of Rother’s Core Strategy 2014 and Policy DEN4 of the Development and Site Allocation Local Plan.

 

Pre-commencement

 

4.        No development shall commence until a scheme for the provision of foul drainage works has been submitted to and approved in writing by the Local Planning Authority (in consultation with Southern Water) and none of the development 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 and Policy DEN5 of the Development and Site Allocations Local Plan.

 

5.     Prior to the commencement of development, a detailed surface water drainage system shall be submitted in support to and approved in writing by the Local Planning Authority. The surface water drainage system shall incorporate the following:

a)        Detailed drawings and hydraulic calculations. The hydraulic calculations shall take into account the connectivity of the different surface water drainage features. The calculations shall demonstrate that surface water flows can be limited to 408 l/s for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence.

b)        The details of the outfall of the proposed drainage system and how it connects into the sewer shall be submitted as part of a detailed design including cross sections and invert levels.

c)        The detailed design shall include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

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 and Policy DEN5 of the Development and Site Allocations Local Plan.

 

6.      A maintenance and management plan for the entire drainage system shall be submitted to the Local Planning Authority before any construction commences on site to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

a)      This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains.

b)      Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

These details shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development.

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 Core Strategy and Policy DEN5 of the Development and Site Allocations Local Plan.

 

7.      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 (in consultation with National Highways).  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);

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

·               risk assessment of potentially damaging construction activities;

·               details of measures to manage flood risk, both on and off the site, during the construction phase;

·               the timing of the works including timings to avoid harm to environmentally sensitive area or features and the times when specialist ecologists need to be present on site to oversee works;

·               practical measures (both physical measures and sensitive working practices) to be used during the development in order to minimise environmental impact of the works (considering both potential disturbance and pollution including air quality (dust and PM10) and including traffic routing to also help reduce vehicles emissions, compounds for storage of plant/machinery/materials, protective fencing, exclusion barriers and warning signs for the protection of existing hedgerows, trees and other landscape features to be retained, details of wheel washing facilities, contractor parking and facilities, detailed method statements considering construction noise, vibration and lighting effects and plant operation, storage and spillage of oil/chemicals and soil protection measures; and

·               any necessary mitigation for protected species.

         Reason:  These details are required prior to commencement of any works to ensure highway safety and to protect the amenities of adjoining residents during construction in accordance with Policies OSS4 (iii), TR3 and CO6 (ii) of the Rother Local Plan Core Strategy.

 

8.      Before development commences all the tree protection measures shown on the ‘Tree Retention and Protection Plan’ (Drawing No. LLD2158-ARB-DWG-010 Rev 3) shall be implemented and shall be retained in situ for the duration of construction works.

Reason: To ensure the protection of trees and hedgerows during construction and the creation of a high-quality public realm and landscape setting in accordance with Policy EN3 of the Rother Local Plan Core Strategy and Policy DEN1 of the Rother Development and Site Allocations Local Plan.

 

9.      Prior to the commencement of development on site, detailed drawings, including levels, sections and constructional details of the proposed roads surface water drainage, outfall disposal and street lighting to be provided, shall be submitted to the Local Planning Authority and be subject to its approval, in consultation with the Highway Authority.

Reason: In the interests of highway safety and for the benefit and convenience of the public at large in accordance with Policy TR4 (i) of the Rother Local Plan Core Strategy.

 

10.    No development shall take place until an ecological design strategy (EDS) addressing enhancement of the site to provide biodiversity net gain, including a sensitive lighting strategy for bats, reptile mitigation strategy (including precautionary work methods at the off-site BNG area), great crested newt (GCN) mitigation strategy, enhancements to the reptile/GCN off-site receptor site, hedgehog hole locations and specification for bat and bird bricks/boxes has been submitted to and approved in writing by the Local Planning Authority.

The EDS shall include the following:

a)      purpose and conservation objectives for the proposed works;

b)      review of site potential and constraints;

c)      detailed design(s) and/or working method(s) to achieve stated objectives;

d)      extent and location /area of proposed works on appropriate scale maps and plans;

e)      type and source of materials to be used where appropriate, e.g. native species of local provenance;

f)       timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

g)      persons responsible for implementing the works;

h)      details of initial aftercare and long-term maintenance;

i)       details for monitoring and remedial measures; and

j)       details for disposal of any wastes arising from works. The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: To ensure that the measures considered necessary to compensate for the loss of habitats and enhance the site to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 170 and 175 of the National Planning Policy Framework, and Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocation Local Plan.

 

11.    Construction works shall only be carried out between the following times: Monday to Friday 08:00 to 18:00 hours, Saturday 08:00 to 13:00 and not at all on Sundays, Public or Bank Holidays. Deliveries shall take place between 08:00 to 18:00 Monday to Friday only and not at all on Saturdays, Sundays, Public or Bank Holidays.

Reason: To protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

No development above ground

 

12.    No development above ground level shall take place until full details of the materials to be used in the construction of the external surfaces of the development hereby permitted (medical center and light industrial units) 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/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 and Policy HG9(ii) of the Development and Site Allocations Plan.

 

13.    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/details indicating the positions, design, height, materials and type of boundary treatment/means of enclosure to be erected around and within the application site. Development shall be carried out in accordance with the approved details.

Reason: To enhance the appearance of the development in accordance with Policies OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy and Policy DEN1 of the Development and Site Allocations Local Plan.

 

14.    No development above ground level shall take place until the hard and soft landscaping details for that part of the site have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

The details should include but not limited to the following:

a)      Proposed finished levels or contours.

b)      Design, layout and appearance of green/amenity space.

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

d)        Car parking layouts.

e)        Design of other vehicle and pedestrian access and circulation areas (including street widths, pavements and cycleways where relevant and other strategic public realm).

f)         Hard surfacing materials (including road surfaces, cycleways, footpaths, parking space and other areas of hardstanding, kerbs and tactile paving).

g)        Details of any street furniture (including benches, bollards, bins, planters, sign and signals).

h)        the extra heavy standard trees proposed to the north of the central tree line should be positioned within the new hedgerow fronting the road, so a ‘hop-over’ as part of the existing wildlife corridor can be created.

i)          fixing of green walls to provide a minimum 200mm gap between the supporting structure and building façade.

j)          (where possible) mixed species native hedgerows bordering the two external amenity areas should be included.

Reason: To enhance the appearance of the development in accordance with Policies OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy, Policy DEN1 of the Development and Site Allocations Local Plan, and the NE Bexhill SPD.

 

15.    Prior to any above ground works taking place, full details of any mechanical plant and a reassessment of appropriate plant noise limits at the nearest existing residential properties shall be submitted to and approved by the Local Planning Authority. Works shall be completed in accordance with the subsequently approved details.

Reason: To ensure the amenities of existing occupiers are protected and in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014.

 

16.    Prior to any above ground works taking place, a written scheme shall be submitted to and agreed in writing by the Local Planning Authority that specifies the provisions to be made for the level of illumination of the site and to control light pollution. The approved scheme shall be implemented and maintained for the lifetime of the development and shall not be altered without the prior written approval of the Local Planning Authority.

Reason: To protect the amenity of the locality, in terms of light pollution especially for people living and/or working nearby and local ecoclogy, in accordance with Policies OSS4 (ii) and (iii) of the Rother Local Plan Core Strategy and Policies DEN1 and DEN7 of the Development and Site Allocations Local Plan.

 

Prior construction of first floor level

 

17.    No development above first floor slab level of the building receiving the biosolar green roof (Medical Centre) shall take place until details of the green roof construction have been submitted to and approved in writing by the Local Planning Authority. The details shall include extent (with shingle perimeter included), cross section to show build-up and substrate depth, spacing of PV panels/array, plants/seed mix and a maintenance and irrigation programme. Evidence must be provided of how the four criterion to meet ‘Good’ condition in Technical Annex 1 (TAB 22) of Defra’s Biodiversity Metric version 4 have been met. The roofs shall then be constructed in accordance with the approved details before first occupation and shall be retained, maintained and monitored as agreed thereafter.

Reason: To ensure that the measures considered necessary to compensate for the loss of habitats and enhance the site to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, paragraphs 170 and 175 of the National Planning Policy Framework, and Policy EN5 of the Rother Local Plan Core Strategy and Policy DEN4 of the Development and Site Allocation Local Plan.

 

First occupation

 

18.    The buildings shall not be occupied until a ‘Lighting Design and CCTV Strategy’ for the development has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include the following:

a)        Identify those areas/features on site that are particularly sensitive for bats, barn owls, dormice and badgers and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b)        The type and design of lighting and CCTV equipment, how and the exact location it will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent any species mentioned in a) or the occupiers of neighbouring residential occupiers.

All external lighting and CCTV shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. Under no circumstances shall any other external lighting or CCTV be installed without the express planning permission of the Local Planning Authority.

Reason: To ensure the protection and enhancement of wildlife and the amenity of neighbouring residential occupiers in accordance with Policies OSS4 and EN5 of the Rother Local Plan Core Strategy, the NE Bexhill SPD and the National Planning Policy Framework.

 

19.  A landscape and ecological management plan (LEMP) shall be submitted to, and approved in writing by, the Local Planning Authority prior to the occupation of the development. The content of the LEMP shall include the following:

a)      description and evaluation of features to be managed;

b)      ecological trends and constraints on site that might influence management;

c)      aims and objectives of management;

d)      appropriate management options for achieving aims and objectives;

e)      prescriptions for management actions, together with a plan of management compartments;

f)       preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period;

g)      details of the body or organisation responsible for implementation of the plan; and

h)      ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plans shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

Reason: Biological communities are constantly changing and require positive management to maintain their conservation value. The implementation of a LEMP will ensure the long-term management of habitats, species and other biodiversity features and the targeted condition of habitats required to deliver a net gain in biodiversity and to ensure the enhancement of wildlife and supporting habitats in accordance with Policy EN5 of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and Site Allocation Local Plan, the NE Bexhill SPD and the National Planning Policy Framework.

 

20.    The buildings shall not be occupied until the refuse and recycling bin storage areas have been provided and thereafter all areas shall be maintained for that use.

Reason: To safeguard the visual amenities of the locality and in the interests of providing a sustainable development in accordance with Policy OSS4 of the Rother Local Plan Core Strategy and the NE Bexhill SPD.

 

21.    No development shall be occupied until the vehicular access serving the development has been constructed in accordance with the approved drawing and as amended as part of the Section 278 agreement and detailed design.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy TR4 (i) of the Rother Local Plan Core Strategy and Policy DHG12 of the Development and Site Allocations Local Plan.

 

22.    The new access points shall not be used until appropriate visibility splays are provided either side of both the new accesses 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 Policy TR4 (i) of the Rother Local Plan Core Strategy and Policy DHG12 of the Development and Site Allocations Local Plan.

 

23.    The development shall not be occupied until parking areas have been provided in accordance with the approved plans/details which have been submitted to 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 Policy TR4 (i) of the Rother Local Plan Core Strategy.

 

24.    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 in accordance with Policy TR4 (i) of the Rother Local Plan Core Strategy.

 

25.    The development shall not be occupied until cycle parking areas have been provided in accordance with the approved 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 Policy TR4 (i) of the Rother Local Plan Core Strategy.

 

26.    No part of the development shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Travel Plan once approved shall thereafter be implemented as specified within the approved document. The Travel Plan shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport and/or as advised by the Highway Authority.

Reason: In the interests of providing a sustainable development and to reduce the harmful effects of traffic upon the character, amenities and highway safety for the surrounding area, in accordance with Policy TR2 of the Rother Local Plan Core Strategy.

 

27.    The buildings shall not be occupied until evidence (including photographs) should be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage design.

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 and Policy DEN5 of the Development and Site Allocation Local Plan.

 

Ongoing

 

28.    If within a period of five 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 in accordance with Policy EN3 of the Rother Local Plan Core Strategy and Policy DEN1 of the Development and site Allocations Local Plan.

 

29.    No deliveries, loading or unloadingor other servicing activities on any part of the site, nor any use/occupation of the industrial units, shall take place at the site other than between the hours of 08.00 and 18.00 on Mondays to Saturdays inclusive or at any time on Sundays or Public Holidays.

Reason: To safeguard the amenity of neighbouring residential occupiers in line with Policy OSS4 of the Rother Local Plan Core Strategy.

 

30.    The doors indicated in the rear elevation of the light industrial units in Block A (indicated on Drawing No. BGHES-RHP-B2-ZZ-DR-A 2020 – P1) shall be used for emergency exit purposes only.

Reason: To safeguard the amenity of neighbouring residential occupiers in line with Policy OSS4 of the Rother Local Plan Core Strategy.

 

31.     The nine commercial units shall be used for light industrial purposes only and not for any other purpose (including any other purpose within Class E) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

Reason: To retain the industrial employment floorspace required to meet the districts employment floorspace demand in accordance with Policy EC2 of the Rother Local Plan Core Strategy.

 

NOTES:

 

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

 

2.        The application site drains surface water runoff to the Pevensey and Cuckmere Water Level Management Board drainage district. Therefore, the Applicant should apply for consent to discharge surface water runoff into the Water Level Management Board’s area as required by the Board’s Byeway 3, which is the process by which the Board agrees the proposed discharge rates.

Should consent be given it will be subject to the payment of a Surface Water Development Contribution fee, calculated in line with the Board’s charging policy. This policy is available using the following link: https://www.wlma.org.uk/uploads/WMA_Table_of_Charges_and_Fees.pdf.         

 

3.        This planning permission does not authorise any interference with animals, birds, marine life, plants, fauna and habitats in contravention of the requirements of the Wildlife and Countryside Act 1981, the Countryside and Rights of Way Act 2000 (CROW) and other legislation.

 

4.        Highways Authority’s requirements associated with this development proposal will need to be secured through a Section (106/184/171/278) 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.

 

5.        It is illegal to plant or otherwise cause the spread of any plants listed on Schedule 9 of the Wildlife and Countryside Act, 1981 (as amended). The PEA recorded buddleia as present onsite and whilst it is not on Schedule 9, it was considered as an invasive non-native species that should be appropriately controlled and prevented from spreading. It was recommended that a member for the Property Care Association Invasive Weed Control Group (PCA IWCG) is contacted to manage the buddleia. There is no legal requirement to undertake this, but it would be good construction practice.

 

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.