DECISION: GRANT (PLANNING PERMISSION)

 

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:

Location Plan- 2215-S4-000, dated 09.10.23

Proposed Site Plan- 2215-S4-001, dated 09.10.23

Proposed Ground Floor Plan- 2215-S4-100, dated 09.10.23

Proposed First Floor Plan- 2215-S4-101, dated 09.10.23

Proposed Roof Plan- 2215-S4-102, dated 09.10.23

Proposed East Elevation- 2215-S4-200, dated 09.10.23

Proposed West Elevation- 2215-S4-201, dated 09.10.23

Proposed Short Elevations- 2215-S4-202, dated 09.10.23

Proposed S-N Section- 2215-S4-300, dated 09.10.23

Proposed W-E Sections- 2215-S4-301, dated 09.10.23

Proposed W-E Sections- 2215-S4-302, dated 09.10.23

Design and Access Statement (Prepared by DK-CM), final issue dated 17.08.23

Flood Risk Assessment for Planning (Prepared by UNDA)- 93150-DKCM-CamberCentralPC, dated July 2023

Preliminary Ecological Appraisal (Prepared by The Ecology Partnership), dated August 2023

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

 

3.          The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with that described in the application unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To maintain the characteristics of the existing building in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy.

 

4       Traffic Management Plan: no development shall take place, including any ground works or works of demolition, until a Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority. 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:

i.            The anticipated number, frequency and types of vehicles used during construction.

ii.           Delivery and construction phase working hours.

iii.      The method of access and egress and routing of vehicles during construction.

iv.     The parking of vehicles by site operatives and visitors.

v.      The loading and unloading of plant, materials and waste.

vi.     The storage of plant and materials used in construction of the development.

vii.    The erection and maintenance of security hoarding, including provision to protected identified landscapes.

viii.    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).

ix.     Scheme for the control of noise and dust.

x.      Details of public engagement both prior to and during construction works.

xi.     The erection and maintenance of security hoarding to the Public Right-of-Way to ensure continued safe access to this route during construction.

xii.    The Applicant should 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.

Reason: Pre-commencement condition for works to ensure that the amenities of existing occupiers are protected and in the interests of and for the safety of persons and vehicles using the local road network serving the site, having regard to National Planning Policy Framework paragraphs 174 and 185, and Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy CAM2 of the Rother Development and Site Allocations Local Plan.

 

5.          No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include contractor requirements detailed in the Schedule of Planning Application Comments (DK-CM, 05/10/23) and the following:

a)         “no vibration” construction methods;

b)         risk assessment of potentially damaging construction activities;

c)     identification of “biodiversity protection zones”;

d)     practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements), including those to onsite retained sand dune habitats and the adjacent Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest and Camber Dunes, Camber Local Geological Site;

e)     the location and timing of sensitive works to avoid harm to biodiversity features;

f)      the times during construction when specialist ecologists need to be present on site to deliver Tool Box Talks and oversee works;

g)     responsible persons and lines of communication;

h)     the role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and

i)      use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period in accordance with the approved details.

Reason: To ensure that any adverse environmental impacts of development activities are mitigated.

 

6.     No development shall take place (including any demolition, ground works, site clearance) until a works method statement and mitigation strategy for the protection of reptiles has been submitted to and approved in writing by the Local Planning Authority. The content of the method statement shall include the:

a)     purpose and objectives for the proposed works;

b)     detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);

c)     extent and location of proposed works shown on appropriate scale maps and plans;

d)     timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction;

e)     persons responsible for implementing the works;

f)      initial aftercare and long-term maintenance (where relevant); and

g)     disposal of any wastes arising from the works.

        The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

        Reason: To protect habitats and species identified in the ecological surveys from adverse impacts during construction and to avoid an offence under the Wildlife and Countryside Act 1981, as amended and The Conservation of Habitats and Species Regulations 2017, as amended.

 

7.     No development shall take place until an ecological design strategy (EDS) addressing habitat creation and enhancement for the site to provide biodiversity net gain, including compensatory sand dune habitats and native landscape planting, log piles and specification for bee and bird bricks/boxes (ideally integrated into the buildings). This is to be submitted 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 2014.

 

NOTE:

 

1.      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 things): deliberately capture, disturb, injure, or kill great crested newts; damage or destroy a breeding or resting place; intentionally or recklessly obstruct access to a resting or sheltering place. Planning permission for a development does not provide a defence against prosecution under this legislation. Should great crested newts be found at any stage of the development works, then all works should cease, and a professional and/or suitably qualified and experienced ecologist (or Natural England) should be contacted for advice on any special precautions before continuing, including the need for a licence.

 

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.

 

(At the commencement of the meeting, Councillor Bayliss had declared a Prejudicial Interest in this matter in so far as she was the Cabinet Portfolio Holder for Regeneration and Economic Development at Rother District Council and had been party to discussions in relation to the future use of this site and was pre-determined.  However, Councillor Bayliss had already left the meeting prior to this application being considered).