The Planning Committee expressed their disappointed that the application was no longer viable to deliver affordable housing, acknowledged the findings of the independent viability assessment and noted that funding (an agreed offsite contribution) could be secured through a Section 106 Agreement.

 

DECISION: GRANT (PLANNING PERMISSION) DELEGATED SUBJECT TO VARIATION OF THE SECTION 106 LEGAL AGREEMENT TO SECURE A FINANCIAL CONTRIBUTION IN PLACE OF ONSITE PROVISION OF AFFORDABLE HOUSING

 

SUBJECT TO CONDITIONS

 

CONDITION 2 IS VARIED AS FOLLOWS:

 

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

Proposed Site Layout Plan: Drawing No. 7290/C/L1/C dated June 2022

Proposed Mix plan: Drawing No. 7290/VC/15 rev A dated 19 July 2023

Parking strategy plan: Drawing No. 7290/VC/12 dated November 2022

Fire and access plan: Drawing No. 7290/VC/13 dated November 2022

Proposed Refuse strategy: Drawing No. 7290/VC/14 dated November 2022

Site sections: Drawing No. 7290/VC/20 dated November 2022

Landscaping Plan: Drawing No. 7290/VC/11 dated November 2022

Ecology Plan: Drawing No. 7290/VC/10 dated November 2022

 

House types:

 

Plot 1: Drawing No. 7290/C/A1/1/A dated June 2022

Plot 2, 7, 20: Drawing No. 7290/C/A2/1/A dated June 2022 

Plot 3, 23: Drawing No. 7290/C/A3/1/A dated June 2022

Plot 4-6: Drawing No. 7290/C/B1/1/A dated June 2022

Plot 8: Drawing No. 7290/C/C1/1/B dated June 2022

Plot 11: Drawing No. 7290/C/C2/1/B dated June 2022

Plot 14: Drawing No. 7290/C/C3/1/B dated June 2022

Plot 24: Drawing No. 7290/C/C4/1/B dated June 2022

Plot 9-10: Drawing No. 7290/C/D1/1/B dated June 2022

Plot 9-10: Drawing No. 7290/C/D1/2/B dated June 2022

Plot 12-13: Drawing No. 7290/C/D2/1/B dated June 2022

Plot 12-13: Drawing No. 7290/C/D2/2/B dated June 2022

Plot 15-17: Drawing No. 7290/C/E1/1/A dated June 2022

Plot 18-19: Drawing No. 7290/C/F1/1/A dated June 2022

Plot 21-22: Drawing No. 7290/C/G1/1/B dated June 2022

Plot 25: Drawing No. 7290/C/H1/1/C dated June 2022

Plot 26: Drawing No. 7290/C/H2/1/C dated June 2022

Garage Type Y1: Drawing No. 7290/C/Y1/1/B dated June 2022

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

 

CONDITIONS THAT REMAIN EXTANT:

 

3.     In part: Development shall not commence until a drainage strategy detailing the proposed means of surface water disposal and an implementation timetable, has been submitted to and approved by the Local Planning Authority in consultation with the Southern Water, the Highway Authority East Sussex County Council and the Lead Local Flood Authority (ESCC - LLFA). The development shall be carried out in accordance with the approved scheme and timetable, so as to be implemented in full prior to the occupation of the dwellings.

(1)   – details approved. 

(2)    A maintenance and management plan for the entire drainage system shall be submitted for the consideration and approval of 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 shall 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 for the consideration and subsequent approval in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development.

(3)    The Applicant shall detail measures to manage flood risk, both on and off the site, during the construction phase. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development.

(4)    Prior to occupation of the development evidence (including photographs) should be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs.

Reason: To accord with the requirements of Southern Water, the Highway Authority, and the LLFA to ensure the satisfactory storage of/disposal of surface water from the site and to accord with Policy SRM2 of the Rother Local Plan Core Strategy. A pre-commencement condition is necessary to ensure that measures where necessary are put in place at the initial groundwork stage and thereafter built into the scheme to ensure satisfactory drainage.

 

6.     No development shall commence until tree protection measures have been put in place in accordance with the detail contained in the ‘Arboricultural Report:  Tree Survey: Arboricultural Impact Assessment and Tree Protection Plan (February 2020)’ the approved protection measures shall be retained in situ for the duration of construction works.

Reason: To ensure the protection of trees 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.

 

12.   The accesses shall not be used until appropriate visibility splays are provided in each direction. The splays are to be cleared of all obstructions exceeding 600mm in height and kept clear thereafter.

Reason: In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway, and to accord with Policy TR3 of the Rother Local Plan Core Strategy. 

 

13.   The development shall not be occupied until parking areas have been provided in accordance with the details shown on Drawing No. 29379A \ 12 B, 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, and to accord with Policy TR4 of the Rother Local Plan Core Strategy.

 

14.   The development shall not be occupied until cycle parking areas/facilities have been provided in accordance with the approved plans/details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas/facilities 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, and to accord with Policy TR3 of the Rother Local Plan Core Strategy. 

 

15.   The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the details shown on Drawing No. 29379A \ 12 B, and the turning space shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway, and to accord with Policy TR3 of the Rother Local Plan Core Strategy.

 

18.   The ecological mitigation measures set out in the Ecological Impact Assessment (26 June 2020) report shall be carried out in full in accordance with the timings in the report and shall be completed prior to the occupation of the dwellings. No works affecting protected species, or their habitat shall be carried out without first the necessary licence(s) being obtained through Natural England. This shall include the proposed closure of the on-site badger sett, which pursuant to the necessary licence being obtained shall only be carried out in accordance with the badger mitigation strategy (David Archer Associates, June 2020) unless otherwise varied by Natural England.

Reason: to ensure the protection of protected species in accordance with Policy EN5 (ix) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

20.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no building or structure shall be erected, constructed or stationed on the land identified as ‘Sustainable Drainage System/Ecology Landscape Area’ within the southern part of the site and shown on Drawing No. PJC/4274E/20.

Reason: In the interests of protecting residential amenity, the existing trees, and providing wildlife mitigation measures in accordance with Policies OSS4 (ii)(iii) and EN5 of the Rother Local Plan Core Strategy.

 

21.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), with respect to the western facing (front) roof slopes of the dwellings on Plots 1, 7, 9 and 10 fronting Fryatts Way and the northern (rear) roof slopes of the dwellings on Plots 20, 21, 22 and 23 facing the property known as ‘Welton’ to the north, no additions to the roof of that dwelling house (including dormer windows) as defined within Class B of Part 1 of the Schedule 2 of the Order, shall be carried out on any roof-slope facing onto either Fryatts Way or the property to the north, otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: To safeguard the amenities of the neighbouring properties in accordance with Policies OSS4 (ii) of the Rother Local Plan Core Strategy.

 

ADVISORY NOTES:

 

1.          Condition 1 has been complied with as works have commenced on site.

 

2.          Condition 3 has been complied with in part only.

 

3.          Conditions 4, 5, 7, 8, 9, 10, 11, 16, 17, 19, 22 have been approved.

 

4.          The granting of planning permission does not authorise the felling, lopping or topping of trees within the site which are protected by a Tree Preservation Order unless indicated to be removed on any plans which may be approved at the reserved matters stage.

 

5.          The planning permission is subject to a Section 106 planning obligation.

 

6.          The Community Infrastructure Levy applies to this permission.

 

7.          The Highway Authority would wish to see the 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.

 

8.          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.

 

9.      The Highway Authority, in relation to Section 38 Agreement of the Highways Act, 1980 – Provision of Adoptable Highway, advises the Applicant to enter into a Section 38 legal agreement with East Sussex County Council, as Highway Authority, for the proposed adoptable on-site highway works.  The Applicant is requested to contact the Transport Development Control Team (01273 482254) to commence this process.  The Applicant is advised that any works commenced prior to the Section 38 agreement being in place are undertaken at their own risk.

 

10.    In relation to the submitted Construction Environment Management Plan, the Highway authority would require any damage to the highway as a direct consequence of construction traffic to be rectified at the Applicant’s expense.

 

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission.