DECISION: GRANT (RESERVED MATTERS) SUBJECT TO CONFIRMATION OF A SATISFACTORY CONSTRUCTION MANAGEMENT PLAN RELATING TO THE ACCESS, DELEGATED TO OFFICERS.

 

Following discussion and concerns expressed regarding the nature of the site access, Members requested an additional condition be added seeking further information on the construction management plan, as to the nature of vehicles and facilities required during construction.

 

SUBJECT TO CONDITIONS:

 

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

Drawing No. 590 SK5 Rev. D (Proposed Access Drive Details) dated October 2023.

Drawing No. 590 SK3 A Rev A (Proposed Ground Floor Plan) dated February 2023 – block paving not approved subject to drainage condition.

Drawing No. 590 SK2 Rev B (Proposed Plans and Elevation) dated May 2023. – Materials are not approved and shall be agreed.

Drawing No. 590 SK4 Rev A (Proposed Roof Plan) dated February 2023.

Construction Management Plan as corrected by email sent on 20 February 2024.

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

 

2.      Prior to any work being undertaken in respect of the development hereby approved and notwithstanding the construction management plan already submitted and approved, additional details shall be submitted to and approved in writing by the local planning authority. Thereafter the approved details shall be implemented and adhered to in full throughout the construction period. The details required shall include:

a)   The anticipated number, frequency and types of vehicles used during construction, the method of access and egress and routeing of vehicles during construction (to ensure that trips in and out of the site are limited to those that are necessary).

b)   The plant and machinery to be used during construction including their weight (to ensure that this will not damage the footpath, embankment and the garden area of Tree Tops).

c)   The positioning and the distance from the footpath of plant and machinery kept on site during construction.

d)   Details of the type and siting of welfare facilities including any structures that need to be transported to and positioned on site.

Reason: A pre-commencement condition is required as these details are necessary to try to preclude any adverse impact on the stability of the footpath, access track, embankment and garden of Tree Tops, to protect the hedgerows either side of the access track and to protect the amenities of adjoining residents during construction, in accordance with Policies OSS4, CO6 (ii) and EN1 of the Rother Local Plan Core Strategy and DEN1, DEN2 and DEN6 of the Development and Site Allocations Local Plan.

 

3.      No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the development reflects and enhances the character and appearance of the area in accordance with Policy OSS4(iii) of the Rother Local Plan Core Strategy and Policy DHG9(ii) of the Rother Development and Site Allocations Plan and the High Weald Housing Design Guide (November 2019)

 

4.      No development shall commence until indications of all existing trees and hedgerows (particularly that adjacent to the footpath) on the land adjacent to the site and within the site including details of those trees protected by a Tree Preservation Order that could be affected by the development, together with measures for their protection in the course of development have been submitted to and approved by the Local Planning Authority and such approved protection measures shall be retained in situ for the duration of construction works.

Reason: These details are required prior to commencement of works to ensure the protection of trees and hedgerows during construction in accordance with Policy EN3 of the Rother Local Plan Core Strategy.

 

5.      No development above ground level shall take place until the (hard AND soft) landscaping details for the site have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.

Reason: To ensure a high-quality public realm taking account of the characteristics of the area in accordance with Policy OSS4 and EN3 of the Rother Local Plan Core Strategy.

 

6.      The hard and soft landscaping for the development required under Condition 4 shall include:

a)   planting plans;

b)   written specifications (including cultivation and other operations associated with plant and grass establishment);

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

d)   hard surfacing materials; and

e)   implementation programme.

Reason: To enhance the appearance and setting of the development in accordance with Policies OSS4 (iii) and EN3 of the Rother District Local Plan Core Strategy.

 

7.      All landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority and if within a period of five years from the date of the planting any tree or plant is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree or plant 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 ensure a satisfactory appearance and setting for the development in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

8.      No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include details of how the scheme shall be maintained and managed after completion.

Reason: These details are integral to the whole development and are therefore required prior to commencement of works to prevent the increased risk of flooding, to improve and protect water quality, and ensure future maintenance of the surface water drainage system in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and Policy DEN5 of the Development and Site Allocations Local Plan.

 

9.      The surface water drainage scheme for the site, based on sustainable drainage principles shall be wholly implemented in accordance with the approved details prior to occupation of any of the dwellings hereby permitted and thereafter the approved system shall be maintained and managed wholly in accordance with the approved maintenance and management plan.

Reason: The full implementation of the approved scheme and its long-term management is to prevent the increased risk of flooding, to improve and protect water quality in accordance with Policies SRM2 (iii) and EN7 (iii) of the Rother Local Plan Core Strategy and Policy DEN5 of the Development and Site Allocations Local Plan.

 

10.    Before above ground level works take place on any building, details of the collection point of the waste facilities, shall be submitted to and approved in writing by the Local Planning Authority and the approved details shall be implemented and thereafter continued.

Reason: To protect the residential amenities of the locality and in the interests of providing a sustainable development, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

 

11.    Public Footpath Westfield 30 is to remain open and available at all times.

Reason: To ensure that the amenities of residents and other users are protected and in accordance with Policy OSS4 of the Rother Local Plan Core Strategy.

 

12.    Construction of the access in accordance with plan ‘Proposed Access Drive Details (Drawing No. SK5 / Revision D)’ is to be completed prior to the commencement of any development on the site.

Reason: To protect the amenity of Public Footpath Westfield 30 and its users in accordance with Policy OSS4 of the Rother Local Plan Core Strategy.

 

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 dwelling(s) in accordance with Policy OSS4 (i) of the Rother Local Plan Core Strategy and Policy DHG4 of the Rother Development and Site Allocations Local Plan.

 

14.    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 dwellings are 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 Rother Development and Site Allocations Local Plan.

 

15.    The development shall not be occupied until the parking area has been provided in accordance with the approved plan (Ref: 590 SKA, dated February 2023) 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 in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

 

16.    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 in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

 

17.    The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the approved plan (Ref: 590 SK3 A, dated February 2023) and the turning space shall thereafter be retained for that use and shall not be obstructed.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

 

18.    No part of the development shall be occupied until details of a covered and secure cycle parking spaces have been provided and agreed in writing with the Local Planning Authority. The area shall thereafter be retained for that use and shall not be used other than for parking of cycles.

Reason: In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development in accordance with Policies OSS4 (ii) & TR3 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.      This permission refers only to that required under the Town and Country Planning Act 1990 (as amended) and does not include any other consent or approval under any enactments, byelaw, order or regulation. The grant of planning permission does not override any third-party rights which may exist over the application site. Furthermore, and for clarity, this planning permission does not authorise any interference with, or disturbance of, any right of way upon which the development impacts. All matters relating to the right of way such as, in this instance, the laying of hard surface, must be resolved between the parties concerned.

 

2.      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.

 

3.      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 Accessibility 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.

 

4.      The Applicant is reminded that it is an offence to damage or destroy species protected under separate legislation. Planning consent for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. You are advised that it may be necessary, shortly before development commences, for the Applicant to commission an ecological survey from suitably qualified and experienced professionals to determine the presence or otherwise of such protected species. If protected species are found to be present, Natural England should be consulted.

 

5.      The granting of this planning permission does not in any way indemnify against statutory nuisance action being taken should substantiated complaints within the remit of part III of the Environmental Protection Act 1990 be received. For further information, contact the Environmental Health Service.

 

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 and has imposed planning conditions to enable the grant of planning permission.