This application was subject to public speaking.

 

DECISION: GRANT (FULL PLANNNG) DELEGATED SUBJECT TO CONDITIONS AND A SECTION 106 PLANNING OBLIGATION RELATING TO: RETENTION OF ALL DWELLINGS IN PERPETUITY FOR AFFORDABLE HOUSING TO MEET LOCAL NEEDS

 

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:

Drawing Nos. 6496 01 J, 02 B 13 F, 14 G, 15 E, 16 G, 17 E,18 C received 4 February 2019 and 2017-3660-101 A dated January 2019.

Reason: For the avoidance of doubt and in the interests of proper planning, as advised in Planning Practice Guidance Paragraph: 022 Reference ID: 21a-022-20140306.

 

3.         Unless otherwise agreed in writing by the Local Planning Authority no part of the development hereby permitted shall be commenced until the speed transition on the A259 has been relocated and opened to traffic in accordance with RSA Drawing No. 2017/3660/101 Rev A (Visibility Splay and Vehicle Tracking) or other such scheme of works substantially to the similar effect as approved in writing by the Local Planning Authority (who shall consult Highways England).

Reason: To ensure that the A259 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety.

 

4.         No works shall take place to the development hereby permitted, including any of demolition, until a Construction 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 throughout the entire construction period. The Plan shall provide details as appropriate but not necessarily be restricted to the following matters:

a)   The anticipated number, frequency, types and timing of vehicles used during construction (construction vehicles should avoid the network peak hours of 0800-0900 and 1700-1800 where practicable).

b)   The parking of vehicles by site operatives and visitors.

c)   The loading and unloading of plant, materials and waste.

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

e)   The erection and maintenance of security hoarding or other appropriate security barriers.

f)    The provision 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).

g)   Measures to reduce dust, dirt and any other airborne contaminants and to avoid these passing beyond the site boundaries, including sheeted loads and dampening stockpiles where necessary.

 

5.         Prior to the commencement of development on site, detailed drawings, including levels, sections and constructional details of the proposed internal roads, surface water drainage, outfall disposal and street lighting to be provided, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be completed in accordance with the approved details.          

Reason: A pre commencement condition is required because the internal road needs to be implemented in advance of any other development. These details are required in the interests of highway safety and for the benefit and convenience of the public at large in accordance with Policies OSS4 and CO^ of the Rother Local Plan Core Strategy.

 

6.         Prior to the commencement of any site clearance or development, an ecological design strategy (EDS) addressing enhancement of the site for biodiversity shall be submitted to and approved in writing by the Local Planning Authority. The EDS shall take into account the species and habitats identified in the Preliminary Ecological Appraisal (ECOSA Final Document September 2017) and the GCN technical note (ECOSA 25 May 2018) and 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.

j)    Details for the disposal if any wastes arising from the works.

The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

Reason: A pre-commencement condition is required to enable the Local Planning Authority to properly ensure the protection of rare and protected species identified by EU & UK Wildlife Protection Legislation and the UK Biodiversity Action Plan in accordance with Policy EN5 of the Rother District Local Plan Core Strategy.

 

7.         No development shall commence until a scheme for surface water drainage incorporating the following requirements has first been submitted to and approved in writing by the Local Planning Authority and the scheme shall thereafter only be completed in accordance with the approved details.

a)     Surface water discharge rates should be limited to 2.8 l/s for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. Evidence of this (in the form hydraulic calculations) should be submitted with the detailed drainage drawings. The hydraulic calculations should take into account the connectivity of the different surface water drainage features and make an allowance for urban creep.

b)    The details of the outfall pipe and how it connects into the watercourse should be provided as part of the detailed design; this should include cross sections and invert levels.

c)     The condition of the ordinary watercourse which will take surface water runoff from the development should be investigated before discharge of surface water runoff from the development is made. Any required improvements to the condition of the watercourse should be carried out prior to construction of the outfall. Details of how the necessary maintenance access and easements for the outfall to the watercourse will be secured for the lifetime of the development should also be provided.

d)     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.

e)     Reason: A pre-commencement condition is required to ensure that the drainage infrastructure carried out in the initial stages of the development will not increase the risk of flooding, will improve and protect water quality, and ensure future maintenance of the sustainable surface water drainage system in accordance with Policy SRM2 of the Rother Local Plan Core Strategy.

 

8.           No development shall commence until a scheme for the provision of foul waterdrainage works has been submitted to and approved in writing by the Local Planning Authority and none of the dwellings shall be occupied until the drainage works to serve the development have been provided in accordance with the approved details.

Reason: The details required are integral to the whole development to ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policies OSS4 (iii) and EN7 of the Rother Local Plan Core Strategy.

 

9.         No development shall commence until the applicant has secured the implementation of   a programme of archaeological works in accordance with the Project Specification for an Archaeological Evaluation, TVAS Ref: MRI 18/99ev dated 30 April 2019.

            Reason: A pre-commencement condition is required to ensure that the archaeological and historical interest of the site below ground is safeguarded and recorded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy.

 

10.       Unless otherwise agreed in writing before any house building commences, the new estate road[s] shall be completed to base course level, together with the surface water and foul sewers and main services and approved in writing by the Local Planning Authority. 

Reason: In the interests of highway safety and for the benefit and convenience of the public at large in accordance with Policies OSS4, TR3 and CO6 of the Rother Local Plan Core Strategy.

 

11.       No above ground works shall commence until details of the following have been submitted and approved by the Local Planning Authority, and the development shall thereafter be completed in accordance with the approved details:

a)     1:10 scale drawings of proposed details including fenestration, eaves details, porches, and utility boxes (including the location of such boxes on the buildings).

b)   Samples of the materials to be used in the construction of all external faces of the buildings.

c)   The proposed site levels and finished floor levels of all buildings in relation to existing site levels, and to adjacent highways and properties (including levels of paths, drives, steps and ramps).

Reason: To ensure a high building appearance and architectural quality, in accordance with Policy EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

12.       No above ground works shall commence until the following public realm and hard landscaping details have been submitted and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

a)     Boundary treatments (plot and other) and any other means of enclosure (fences, hedges, railings and walls) indicating the locations, type, design, height, and materials of such.

b)     Hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hardstandings).

c)     Any proposed street furniture, signage and lighting, including proposed locations.

d)     Full specification and details of play equipment proposed to the play area.

Reason: To ensure the creation of a high quality public realm, design quality, and landscape setting, in accordance with Policy EN3 and EN1 of the Rother Local Plan Core Strategy.

 

13.       No above ground works shall commence until the following soft landscaping details have been submitted and approved by the Local Planning Authority, and the development shall thereafter be carried out as approved and in accordance with an agreed implementation programme.

a)     Indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development.

b)     Planting plans, including landscape and ecological mitigation (buffer planting and green buffers).

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

d)     Details for implementation, including written specifications for cultivation and other operations associated with plant and grass establishment).

Reason: To ensure the creation of a high quality public realm and landscape setting [that enhances the landscape and scenic quality of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy.

 

14.       No part of the development hereby permitted shall be occupied until the A259 junction with the site access has been constructed and opened to traffic in accordance with RSA Drawing No. 2017/3660/101 Rev A (Visibility Splay and Vehicle Tracking) or other such scheme of works substantially to the similar effect as approved in writing by the Local Planning Authority.

            Reason:To ensure that construction of the development does not result in avoidable congestion on the A259. To ensure that the A259 continues to be an effective part of the national system of routes for through traffic in accordance with section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety in accordance with Policies TR3 and CO6 of the Rother Local Plan Core Strategy.

 

15.       No part of the development hereby permitted shall be brought into use until the archaeological site investigation and post – investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) for that phase has been completed and approved in writing by the Local Planning Authority. The archaeological site investigation and post – investigation assessment will be undertaken in accordance with the programme set out in the written scheme of investigation approved under Condition 9.

            Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework and in accordance with Policy EN2 (vi) of the Rother Local Plan Core Strategy.

 

16.       No part of the development shall be occupied until the car parking has been constructed and provided in accordance with the approved plans. The area[s] shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles. 

            Reason: To ensure the provision of adequate on-site parking that does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6, TR4 and TR3 of the Rother Local Plan Core Strategy.

 

17.       No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The area[s] 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 in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

 

18.       No part of the development shall be occupied until the vehicle turning space has been constructed within the site in accordance with the approved plans. This space shall thereafter be retained at all times for this use. 

            Reason:To ensure that the development does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies CO6 and TR3 of the Rother Local Plan Core Strategy.

 

19.       Except for that part which must be removed to permit the construction of the vehicular access in accordance with the conditions of this permission, the existing roadside hedge on the south eastern boundary shall be retained to a height not less than 3m above ground level.

            Reason: To maintain as far as possible the appearance of the area in accordance with Policies EN1(i), OSS4 (iii) and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

20.       Unless alternative times are specifically agreed in writing construction activities associated with the development hereby permitted shall not be carried out other than between the hours of 08:00 and 18:00 hours on Mondays to Fridays inclusive and 08:00 and 13.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays.

            Reason: So as not to unreasonably harm the amenities of adjoining properties in accordance with Policies OSS4 (ii) and CO6 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

21.       If within a period of 10 years from the date of the planting of any tree, that tree, or any tree planted in replacement for it, is removed, uprooted, destroyed or dies, [or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective] another tree 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 enhance the appearance of the development and the landscape of the High Weald Area of Outstanding Natural Beauty in accordance with Policies EN1 and EN3 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.         This planning permission is subject to a section 106 planning obligation.

 

2.         Section 175(b) of the Highways Act 1980 (as inserted via The Infrastructure Act 2015) requires those proposing works affecting the public highway to enter into an agreement with the Strategic Highway Authority (Highways England). This development involves work to the public highway that can only be undertaken within the scope of a legal Agreement between the applicant and Highways England. Planning permission in itself does not permit these works. It is the applicant’s responsibility to ensure that before commencement of any works to the public highway, any necessary Agreements under the Highways Act 1980 are also obtained. Advice on this matter can be obtained from the Spatial Planning Team, Highways England, Bridge House, 1 Walnut Tree Close Guildford, Surrey GU1 4LZ. Highways England switchboard Tel 0300 470 1370 Email: planningse@highwaysengland.co.

 

3.         A formal application for connection to the public sewerage system is required in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk. Please read Southern Water’s New Connections Services Charging Arrangements documents which have now been published and are available to read at https://beta.southernwater.co.uk/infrastructure-charges.

 

4.         The written scheme of investigation, ensuing works and production of reports required in respect of Condition […] should accord with the relevant portions of the East Sussex County Council document “Sussex Archaeological Standards” (2015), and should be undertaken only by a suitably qualified archaeologist. For assistance and advice in seeking compliance with the requirements of the condition, please contact the County Archaeologist at East Sussex County Council, Transport & Environment, County Hall, Lewes, BN7 1UE on county.archaeology@eastsussex.gov.uk.

 

5.         A soil survey report, which includes the results of California Bearing Ratio (CBR) tests taken along the line of the proposed roads to be adopted, must be submitted to the Highway Authority before the road construction details can be agreed. 

 

NATIONAL PLANNING POLICY FRAMEWORK In accordance with the requirements of the 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.

 

(When it first became apparent, Councillor Mrs Earl-Williams declared a personal interest in this matter as a Member of East Sussex County Council and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).