Councillor Ganly requested that a recorded vote be taken.  This was seconded by Councillors Byrne, Gordon and Grohne.

In accordance with Council Procedure Rule 17.5(b) a vote by roll call for the Motion was taken.

FORthe Motion (10): C.A. Bayliss, T.J.C. Byrne, F.H. Chowdhury, C.A. Creaser, B.J. Drayson, P.J. Gray, T.M. Killeen, A.S. Mier, C. Pearce and J. Stanger.

AGAINST the Motion (4): J. Barnes, A.E. Ganly, N. Gordon and T.O. Grohne.

The Motion being put forward was declared CARRIED.

DECISION: GRANT VARIATION OF CONDITION 1 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) TO AMEND THE TENURE MIX TO DELIVER A 100% AFFORDABLE HOUSING SCHEME, AND VARIATION OF CONDITION 6 OF RESERVED MATTERS APPROVAL TO REFER TO THE NEW SITE PLAN - DELEGATED SUBJECT TO COMPLETION OF ASSOCIATED DEED OF VARIATION

SUBJECT TO CONDITIONS:

CONDITION 1 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) IS VARIED AS FOLLOWS:

1.        The development hereby permitted shall be carried out in accordance with the following approved drawings and document:

Drawing No. 11.361/07, dated January 2014, as approved under outline planning permission RR/2009/322/P.

Drawing No. 6775/1/E (PROPOSED SITE PLAN), dated 21.04.23.

Drawing No. 3016:02 Revision E (Site Sections), dated 16:01:18.

Drawing No. 3016:03 Revision A (House types 1), dated 02:08:17.

Drawing No. 3016:04 Revision A (House types 2 detached), dated 02:08:17.

Drawing No. 3016:05, dated 27:08:17.

Drawing No. 3016:06 (House types 3), dated 27:08:17.

Drawing No. 6775/T4/C (HOUSE TYPE 4 - 3B6P), dated FEB 21.

Drawing No. 3016:08 Revision A (House types 5), dated 27:08:17.

Drawing No. 3016:09 Revision B (M4 (3) Bungalow), dated 06:11:17.

Drawing No. 3016:10 Revision B (Flat Types 8, 9, 10, 12, 13 & 14), dated 05.03.18.

Drawing No. 3016:12 (Refusal and cycle storage details), dated 28:07:17.

Drawing No. 17362-5-SK001-E (PROPOSED LEVELS STRATEGY), dated 27.09.2018.

Drawing No. 17362-5-SK003-E (REFUSE VEHICLE TRACKING), dated 30.05.18.

Drawing No. MAT19812 11D Sheet 1 (Landscape Proposals), dated 10.09.18.

Drawing No. MAT19812 11D Sheet 2 (Landscape Proposals), dated 10.09.18.

ACD ENVIRONMENTAL SOFT LANDSCAPE SPECIFICATION (Document File Ref: MAT19812 spec), dated June 2017.

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

CONDITION 2 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) NO LONGER HAS EFFECT AND IS NOT REIMPOSED.

CONDITION 3 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) NO LONGER HAS EFFECT AND IS NOT REIMPOSED.

CONDITION 4 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) CONTINUES TO HAVE EFFECT AND IS REIMPOSED:

4.        No surface water shall drain onto the public highway.

         Reason: To avoid prejudice to road safety, in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

CONDITION 5 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) CONTINUES TO HAVE EFFECT AND IS REIMPOSED:

5.        The access shall have maximum gradients of 4% (1 in 25) / 2.5% (1 in 40) from the channel line, or for the whole width of the footway/verge whichever is the greater and 11% (1 in 9) thereafter.

Reason: To avoid prejudice to road safety, in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

CONDITION 6 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) IS VARIED AS FOLLOWS:

6.        No part of the development shall be occupied until the 2m wide pathways linking the site to the A28 footpath and PROW, as indicated on approved Drawing No. 6775/1/E (PROPOSED SITE PLAN), dated 21.04.23, have been constructed in accordance with construction details first submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure adequate and safe access arrangements for the development, in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

CONDITION 7 OF RESERVED MATTERS APPROVAL RR/2017/1293/P (APPROVED PURSUANT TO OUTLINE PLANNING PERMISSION RR/2009/322/P) CONTINUES TO HAVE EFFECT AND IS REIMPOSED:

7.        No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with the approved drawings and the cycle parking spaces shall thereafter be retained for that use and shall not be used other than for the parking of cycles.

Reason: To provide alternative travel options to the use of the car, in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

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 Coupar declared a Personal Interest in this matter in so far as she was a Member of Westfield Parish Council elected in May 2023, and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).