DECISION: GRANT (PLANNING PERMISSION)

 

SUBJECT TO CONDITIONS

 

CONDITION 1 of planning permission RR/2017/2541/P has already been discharged with implementation of the development.

 

CONDITION 2 IS VARIED AS FOLLOWS

The developmenthereby permitted shall be carried out in accordance with the following approved plans and documents:

Drawing No. 4330-220 Rev.B, Elevations, received 29/01/21

Drawing No. 4330-210 Rev.C, Landscape Plan, dated 12/01/2021

Drainage schedule

Shadow Habitats Regulations Assessment, Revision C, by Greenspace, dated June 2023

Transport Statement by DHA, dated November 2020

Noise Assessment Reports (2), by MRL Acoustics, dated August 2020

6th version of the Long Rake Spar Dust Management Plan of July 2023

Drawing No. LR/017/251, dated 07-12-17

Drawing No. C17002-010 rev. P1, dated 29-11-17

Drawing No. WM/146/502 rev.3, dated 19-03-18

Drawing No. LR/017/500 rev.2, dated 21-03-18

Landscape Statement by Lloydbore Ltd, dated 23/10/2017

Amended grass seed mix by Lloydbore Ltd, submitted with email 04-05-18

Surface Water Management Strategy by Rural Partners Limited, dated November 2017 (subject to the additional drainage details and compliance with conditions 4 and 5 below)

Tidax Drawing No. EMC-2018-006-01, dated 02/03/2018 (surface water drainage design)

Heritage Statement by ASE, version 2, dated September 2017

Planning Statement and Flood Risk Assessment by Rural Partners Limited, dated November 2017

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

 

CONDITION 3 IS NO LONGER REQUIRED

 

CONDITION 4 IS SUBJECT TO SEPARATE DISCHARGE AND REAPPLIED

Prior to commencement of works to provide the surface water drainage system, a maintenance and management plan for the lifetime of the development, shall first be submitted to and approved by the Local Planning Authority in consultation with the Lead Local Flood Authority.

Reason:To ensure the provision of a sustainable surface water drainage system and to prevent pollution of controlled waters and harm to the Site of Special Scientific Interest and avoid flood risk elsewhere, in accordance with the National Planning Policy Framework paragraph 167 and 174 and Policies OSS3 (viii), EN5 (ii) and EN7 of the Rother Local Plan Core Strategy and Policy DEN4 and DEN5 of the Development and Site Allocations Local Plan.

 

CONDITION 5 IS SUBJECT TO SEPARATE DISCHARGE AND REAPPLIED

Prior to occupation of the extensions hereby approved, the surface water drainage design shown on Tidax Drawing No. EMC-2018-006-01, dated 02/03/2018, shall be implemented only in accordance with the approved drawing, unless any alternate details are first submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority. Prior to occupation of the extensions, evidence (including photographs) of the construction of the drainage system to accord with the approved design details shall be submitted to the Local Planning Authority.

Reason:To ensure the provision of a sustainable surface water drainage system and to prevent pollution of controlled waters and harm to the Site of Special Scientific Interest and avoid flood risk elsewhere, in accordance with the National Planning Policy Framework paragraph 167 and 174 and Policies OSS3 (viii), EN5 (ii) and EN7 of the Rother Local Plan Core Strategy and Policies DEN4 and DEN5 of the Development and Site Allocations Local Plan.

 

CONDITION 6 REMAINS EXTANT

The ‘construction/maintenance methodology’ agreed with Natural England including the planting details supplied by Lloydbore Ltd shall be adhered to with specific reference to the following matters:

·             Prior to planting top of the existing bund, it is to be profiled as required so that any surface water run-off drains into the site, away from the adjoining Site of Special Scientific Interest.

·             Planting of the face of the bund adjacent to the Site of Special Scientific Interest is to be timed so that soil conditions are suitable without the need for cultivation or watering.

·             Landscape management, as with planting, is not to include irrigation.

Reason: To ensure the protection and preservation of the adjacent Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest and the Dungeness, Romney Marsh and Rye Bay Special Protection Area (SPA) and reduce any impacts on adjacent water levels, in accordance with Policy EN5 of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and Site Allocations Local Plan, the National Planning Policy Framework and the Habitat Regulations.

 

CONDITION 7 IS VARIED AS FOLLOWS

With exception of the internally located aggregate drying plant, no machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site before 6.00 or after 18.00hrs on weekdays; before 8.00 or after 13.00 on Saturdays, or at any time on Sundays, Bank or Public Holidays. In this regard for clarification it is noted that:

·             Exceptionally, ONLY the aggregate drying plant within the building shall be operated for any 24-hour period.

·             Only deliveries from Rye Wharf and no other operations or deliveries, shall be taken at or dispatched from the site between the hours of 6.00 and 8.00 on weekdays.

Reason: To protect the residential amenities of the locality in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy, Policy DEN7 of the Development and Site Allocations Local Plan and having regard to paragraph 174 and 185 of the National Planning Policy Framework.

 

CONDITION 8 IS VARIED AS FOLLOWS

In accordance with the Transport Statement, paragraphs 5.3.2 and 5.3.6, no more than 136 arrivals or departures in total by HGV’s shall occur at the application site on any day that a shipment requires unloading from Rye Wharf, set to occur on no more than 18 days across any one calendar year. On all other days no more than 11 arrivals or departures in total by HGV’s shall occur at the application site.

Reason: To protect the residential amenities of the locality and having regard to the local highway situation, there being only one vehicular access route to the village of Rye Harbour, in accordance with Policies OSS4 (ii) and TR3 of the Rother Local Plan Core Strategy and having regard to paragraph 110 of the National Planning Policy Framework.

 

CONDITION 9 IS VARIED AS FOLLOWS

No floodlighting or other external means of illumination shall be provided, installed or operated at the site, except as hereby approved and in accordance with the shadow Habitat Regulations Assessment or in accordance with a detailed scheme which shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason: To minimise light spill and impacts on the river side and surrounding Site of Special Scientific Interest, thereby safeguard protected species and habitats and to safeguard the visual amenities of the locality in accordance with Policies OSS1 (iii) (e), OSS4 (iii) (iv), RY1 (ix) and EN5 (ii) of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and Site Allocations Local Plan and chapter 15 of the National Planning Policy Framework.

 

CONDITION 10 IS VARIED AS FOLLOWS

Bagging of aggregates shall only take place within buildings on the site with appropriate dust controls in place, in accordance with the 6th version of the Long Rake Spar Dust Management Plan of July 2023.

Reason: To protect the residential amenities of the locality and to prevent pollution of controlled waters and harm to the Site of Special Scientific Interest, in accordance with Policies OSS3 (viii), OSS4 (ii) and EN5 (ii) of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and Site Allocations Local Plan and the National Planning Policy Framework.

 

CONDITION 11 REMAINS EXTANT AND IS REAPPLIED

The access, parking and turning arrangements for HGV’s and staff cars shall be provided prior to occupation or use of the extensions hereby approved, as set out on approved Drawing No. WM/146/502 rev.3, dated 19-03-18 and shall hereafter be retained for those uses only.

Reason: To ensure that vehicles can enter and leave the site in a forward gear and park on-site, in the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway, having regard to Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

 

ADDITIONAL CONDITIONS ARE APPLIED

 

12.    At all times when the factory is operating the sound level rating from all site operations and activities (including the unloading of aggregate vessels) shall not exceed +5dB above background sound level (taken as a 15 minute LA90 at the boundary with the nearest noise sensitive premises) during the hours of 06:00 and 23:00 and shall not exceed the background level (taken as a 15 minute LA90 at the boundary with the nearest noise sensitive premises) during the hours of 23:00 and 06:00.

All measurements shall be taken in accordance with the methodology of BS 4142:2014 +A1:2019 – Methods for rating and assessing industrial and commercial sound (and/or its subsequent amendments).

Reason: To protect the residential amenities of the locality in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy, Policy DEN7 of the Development and Site Allocations Local Plan and having regard to paragraphs 174 and 185 of the National Planning Policy Framework.

 

13.    No operations, processes or development hereby approved shall be undertaken within the site unless in full compliance with the mitigation measures set out in the Shadow Habitats Regulations Assessment, Revision C, by Greenspace, dated June 2023. This has specific regard to, (but not the only measures to be followed), in respect of noise, dust and lighting at paragraphs 7.3.4, .26, .29, .32, .36 and .37.

Reason: To ensure the protection and preservation of the adjacent Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest and the Dungeness, Romney Marsh and Rye Bay Special Protection Area and reduce any impacts on adjacent water levels, in accordance with Policy EN5 of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and site Allocations Local Plan, the National Planning Policy Framework and the Habitat Regulations.

 

14.    The landscape planting and alterations to the bund are to be completed within the current planting season, i.e. by the end of March 2024, in accordance with the approved plan Drawing No. 4330-210 Rev.C, Landscape Plan, dated 12/01/2021 and in accordance with the requirements of Condition 6 above.

Reason: To ensure the visual and green enhancement of the site and protection and preservation of the adjacent Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest and the Dungeness, Romney Marsh and Rye Bay Special Protection Area and reduce any impacts on adjacent water levels, in accordance with Policy EN5 of the Rother Local Plan Core Strategy, Policy DEN4 of the Development and site Allocations Local Plan, the National Planning Policy Framework and the Habitat Regulations.

 

NOTE:

 

1.      Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the Local Planning Authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest.

All fill points, vents, gauges and sight gauge must be located within the secondary containment. The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund.

 

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.

 

(When it first became apparent Councillor Creaser declared a Personal and Prejudicial Interest as she lived at the junction between New Winchelsea Road and Rye Harbour Road, therefore the increase in vehicles might affect her wellbeing and in accordance with the Members’ Code of Conduct left the room during the consideration thereof).