RM

DECISION: GRANT (FULL PLANNING) subject to conditions.

This application was previously considered by the Planning Committee on 16 March 2023 and deferred until East Sussex County Council (ESCC) Highways comments had been considered and a speed survey completed.  Should the application be approved, Members also requested that additional conditions be applied regarding light pollution and renewable energy measures.  The traffic survey had been completed.  ESCC Highways had no objections subject to the provision and maintenance of visibility splays and on-site minimum dimension vehicle and cycle parking facilities.

 

The proposal was for the erection of a new 3-bedroom agricultural dwelling for farmworker(s) with parking provision for two cars.  Acorn Farm (275 hectares) was located to the north of Burwash on the western side of Shrub Lane.  The current agricultural buildings were set back from the road and screened by hedges and trees.  It had been run as an agricultural business since the early 1980s with a mix of cattle and sheep.  The site was located within the High Weald Area of Outstanding Natural Beauty (AONB) and outside the defined development boundary.  Although the proposal did meet policy requirements for a new agricultural dwelling and provide adequate living without harm to neighbouring properties, the officer’s opinion was that it would have a harmful urbanising effect, fail to conserve the landscape and scenic beauty of the High Weald AONB and lead to increased traffic. 

 

The Planning Committee heard from the Local Ward Members who were supportive of the application.  Consideration was also given to the new evidence provided by ESCC Highways regarding traffic management, visibility splays and parking provision.

 

After deliberation, the Planning Committee felt that the proposed development complied with Rother Local Plan Core Strategy Policies RA2 General Strategy for the Countryside and RA3 Development in Countryside (iii).  They felt that the site was an ideal location for an agricultural dwelling to support the farm and would not have a harmful urbanising impact on the character, appearance and scenic beauty of the High Weald AONB.  The proposed conditions suggested by ESCC Highways were fully supported.  Therefore, the Planning Committee granted full planning permission subject to the inclusion of relevant standard conditions (delegated to officers to consider in consultation with and subject to agreement of the Chair) including the protection of dark skies / light pollution, use of renewable energy products, where possible and landscaping to include species sympathetic to the particular area of the AONB.

 

Councillor Bayliss moved the motion to APPROVE (Full Planning) and this was seconded by Councillor Gordon.  The motion was declared CARRIED (14 for / 0 against).

 

 

 

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 Plan, Drawing No. PHA-PL-007, dated 02/12/2022

Location & Block Plan, Drawing No. PHA-PL-001A, dated 25/05/22

Proposed Site Plan, Drawing No. PHA-PL-008, dated 04/01/22

Proposed Floor Plans, Drawing No. PHA-PL-004, dated 17/12/21

Proposed Elevations, Drawing No. PHA-PL-005, dated 17/12/21

            154504-001, Access Visibility Splays, dated June 2023

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

 

3.         The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the area in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependents.

Reason: To reserve suitable residential accommodation for persons employed locally in agriculture and to ensure that the need which led to the grant of permission, for a full time worker on Acorn Farm, remains satisfied in accordance with Policy RA3 (iii) (a) of the Rother Local Plan Core Strategy.

 

4.         No ground works shall commence until details (including any 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. The details shall include future management and maintenance of the scheme and the drainage is to be provided in accordance with the approved details prior to occupation of the dwelling. 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 above ground works shall commence until details of the following have been submitted to and approved in writing by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details:

a)         Samples of the materials to be used in the construction of all external faces of the building, including bricks, cladding, colour finishes, ‘clay’ tiles to be used for the roof tiles and fenestration.

b)         Details for the use of electromagnetic glass or similar particularly within the large glazed areas on the rear and south side elevations.

c)         The proposed site levels and finished floor levels of the building in relation to existing site levels, and to adjacent highway (including levels of paths, drives, any steps and ramps).

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

Reason: To ensure a high building appearance and architectural quality that reflects the traditional materials of the High Weald AONB, to mitigate light pollution and protect the dark skies and local ecology, 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 and EN3 of the Rother Local Plan Core Strategy and Policies DRM3, DEN1, DEN2, DEN4 and DEN7 of the Development and Site Allocations Local Plan and the High Weald Housing Design Guide.

 

6.         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)         Details of all trees and plants to be retained with details for their protection during construction.

b)         Planting plans, including landscape and ecological mitigation and new boundary hedges.

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

d)         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.

 

7.         The development shall not be occupied until the parking area has been provided in accordance with the approved plans and the area 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 Policy TR4 of the Rother Local Plan Core Strategy.

 

8.         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 having regard to Policy TR4 of the Rother Local Plan Core Strategy.

 

9.         The development shall not be occupied until cycle parking has been provided for the dwelling in accordance with a plan to be first approved by the local planning authority the approved area 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.

 

10.       The dwelling hereby approved shall not be occupied until visibility splays of 2.4m by 116m are provided to the north and 2.4m X 121m to the south and they shall be maintained thereafter.

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

 

11.       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.

           

 

 

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.

 

12.       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 Development and Site Allocations Local Plan.

 

13.       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 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.

 

14.       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.         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 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.

3.         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 thinks); 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 the 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.

 

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 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.