DECISION: GRANT (FULL PLANNING)

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 No. 5002/19/LBP

Drawing No. 5002/19/1 dated March 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.               No development in respect of the ‘no dig’ section of driveway hereby permitted, as shown on Drawing No. 5002/19/1 dated March 2019, shall commence until details of the construction methods to be utilised in the construction of the ‘no dig’ surface have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

Reason: To protect the condition of the nearby mature oak trees and thus maintain the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (v), EN1 (i) and EN3 of the Rother Local Plan Core Strategy.

4.               No development in respect of the ‘no dig’ section of driveway hereby permitted, as shown on Drawing No. 5002/19/1 dated March 2019, shall commence until 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, 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: To ensure the protection of trees and hedgerows during construction and thus protect the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (v), EN1 (i) and EN3 of the Rother Local Plan Core Strategy.

5.               The new access shall be in the position shown on the approved plan, Drawing No. 5002/19/1 dated March 2019, and laid out and constructed in accordance with the attached HT407 form/diagram.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policy CO6 (ii) of the Rother Local Plan Core Strategy.

6.               Prior to the first use of the development hereby permitted, the driveway, parking area and turning area hereby permitted shall be surfaced with MOT Type 1 base with road planings only, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect the character and appearance of the locality and the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (v) and EN1 (i) of the Rother Local Plan Core Strategy.

7.               The access shall not be used until visibility splays measuring 2.4m by 97m are provided in both directions, in accordance with the approved plan, Drawing No. 5002/19/1 dated March 2019, and shall thereafter be maintained and kept clear of all vegetation exceeding 600mm in height.

Reason: To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with policy CO6 (ii) of the Rother Local Plan Core Strategy.

8.               The access, driveway and parking area hereby permitted shall not brought into use until planting details for the indigenous hedge to be provided behind the visibility splays have been submitted to and approved by the Local Planning Authority, which shall include:

a.     planting plans;

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

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

d.     implementation programme

Reason: To protect the character and appearance of the locality and to maintain the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (v), EN1 (i) and EN3 of the Rother Local Plan Core Strategy.

9.               The access and driveway hereby permitted shall not be brought into use until parking and turning facilities have been provided in accordance with the approved plan, Drawing No. 5002/19/1 dated March 2019. The parking and turning spaces shall thereafter be retained for these purposes only.

Reason: To provide adequate levels of on-site parking and turning and to protect highway safety in accordance with Policies CO6 (ii) and TR4 (i) of the Rother Local Plan Core Strategy.

10.            If within a period of five years from the date of the planting of any hedge that hedge, or any hedge 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 hedge 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 protect the character and appearance of the locality and to maintain the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty in accordance with Policies OSS4 (iii), RA3 (v), EN1 (i) and EN3 of the Rother Local Plan Core Strategy.

NOTES:

1.               The applicant is reminded that under the Wildlife and Countryside Act 1981 (Section 1) it is an offence to take, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. Trees and scrub are likely to contain nesting birds between 1 March and 31 July. Trees and scrub are present on the application site and should be assumed to contain nesting birds between the above dates unless a survey has shown it is absolutely certain that nesting birds are not present.

2.               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.

3.               This planning permission does not authorise any interference with animals, birds, marine life, plants, fauna and habitats in contravention of the requirements of the Wildlife and Countryside Act 1981, the Countryside and Rights of Way Act 2000 (CROW) and other legislation.  Further advice on the requirements of these Acts is available from Natural England, Sussex and Surrey Team, Phoenix House, 33 North Street, Lewes, East Sussex BN7 2PH.

4.               The applicant’s attention is drawn to the need for a S184 licence for the construction of the access. Please call East Sussex Highways on 0345 60 80 193 for further information.

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 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.