Agenda item

This application was subject to public speaking.

 

It was noted at the commencement of this item that Councillor Prochak had called in this planning application to the Planning Committee and not Councillor Mier as stated in the Agenda.

 

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 drawings and document:

Drawing No. 2008-0001, 1:1250 @ A3, Site Location Plan

Drawing No. 2008-0002, 1:500 @ A1, Block Plan

Drawing No. 2008-0003, 1:500 @ A1, Proposed Block Plan

Drawing No. 2008-0010, 1:100 @ A1, Proposed Site Layout Plan

Drawing No. 2008-0020, 1:50 @ A1, Proposed Ground Floor Plan

Drawing No. 2008-0021, 1:50 @ A1, Proposed First Floor Plan

Drawing No. 2008-0022, 1:50 @ A1, Proposed Second Floor Plan

Drawing No. 2008-0023, 1:50 @ A1, Proposed Roof Plan

Drawing No. 2008-0030, 1:50 @ A1, Proposed North and South Elevations

Drawing No. 2008-0031, 1:50 @ A1, Proposed East and West Elevations

Drawing No. 2008-0040, 1:50 @ A1, Proposed Sections A and B

Drawing No. 2008-0041, 1:50 @ A1, Proposed Sections C and D

Planning Statement by Town and Country Planning Solutions (April 2019).

Design and Access Statement by Hazle McCormack Young (March 2019).

Ecological Impact Assessment by Lizard (April 2019).

Arboricultural Report by The Mayhew Consultancy (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 works shall commence on site, including any ground works or works 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 in full throughout the entire construction period. The Plan shall provide details as appropriate but not be restricted to the following matters:

 

a)     the anticipated number, frequency and types of vehicles used during construction;

b)     the method of access and egress and routeing of vehicles during construction;

c)     the parking of vehicles by site operatives and visitors;

d)     the loading and unloading of plant, materials and waste;

e)     the storage of plant and materials used in construction of the development;

f)       the erection and maintenance of security hoarding;

g)     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); and

h)     details of public engagement both prior to and during construction works.

Reason: These details are required prior to commencement of any works to ensure highway safety and to protect the amenities of adjoining residents during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

4.     Prior to the commencement of the development, full details of the surface water drainage scheme (including design of the permeable pavement and infiltration trench) shall be submitted to and approved in writing by the Local Planning Authority. The detailed design shall be informed by findings of groundwater monitoring between autumn and spring. The design should leave at least 1m unsaturated zone between the base of the drainage structures and the highest recorded groundwater level. In the event this cannot be achieved, details of measures which will be taken to manage the impacts of high groundwater on the hydraulic capacity and structural integrity of the drainage system shall be provided. The detailed design shall include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely. Development shall be carried out in accordance with the approved details.

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 paragraphs 163 and 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

5.     Prior to the commencement of the development, details of measures to manage flood risk, both on and off the site, during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. This may take the form of a standalone document or be incorporated into the Construction Management Plan for the development (as required by Condition 3 above). Development shall be carried out in accordance with the approved details.

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 paragraphs 163 and 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

6.     No trees and hedges on the boundaries of this site, unless dead or dangerous or those detailed for felling in the Arboriculture Report (The Mayhew Consultancy March 2019) shall be felled without the prior consent of the Local Planning Authority within five years of the completion of the permitted development. Any trees removed without such consent or dying or being severely damaged or becoming seriously diseased before the end of that period shall be replaced with trees of such size and species as may be agreed with the Local Planning Authority.

Reason: To enhance the appearance of the development and to safeguard the amenities of neighbouring properties in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

7.     Prior to occupation of the development, evidence (including photographs) shall be submitted to and approved in writing by the Local Planning Authority showing that the drainage system has been constructed as per the final agreed detailed drainage designs (approved by condition 4 above).

Reason: The full implementation of the approved scheme is relevant 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 paragraph 165 of the National Planning Policy Framework with accompanying ministerial statement of December 2014.

 

8.     No development above ground shall commence until a sample of the materials to be used in the construction of external surfaces, including the zinc and timber cladding, 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 the character and/or appearance of the existing building and to preserve the visual amenities of the area in accordance with Policies OSS4 (iii) of the Rother Local Plan Core Strategy.

 

9.     No development above ground shall commence until details of the glazing specification have been submitted in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that the development does not cause harm to the dark night skies and local wildlife from light pollution emitting from the proposed building in accordance with Policy EN5 (ix) and EN1 (vii) of the Rother Local Plan Core Strategy.

 

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

Reason: To enhance the appearance of the development in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

11.  The dwelling shall not be occupied until the parking areas have been provided for the proposed dwelling in accordance with the approved site plan the parking areas shall thereafter be retained for that use and shall not be used other than for the parking and turning of motor vehicles.

Reason: To provide on-site parking and turning areas 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 (ii) and TR4 of the Rother Local Plan Core Strategy. 

 

12.  During development all ecological measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment, by Lizard Landscape Ecology and Design dated 02/04/19 (ref LLD1608) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.

Reason: To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified in accordance with Policy EN5 (ix) of the Rother District Local Plan Core Strategy and the National Planning Policy Framework.

 

13.  Development shall be carried out in accordance with the tree protection and mitigation measures detailed in the Arboricultural Report, by The Mayhew Consultancy dated March 2019 (ref AR/70118).

Reason: To ensure that the development takes proper account of existing trees to be safeguarded to enhance the appearance of the development in accordance with Policy EN3 (e) of the Rother Local Plan Core Strategy.

 

14.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows or other openings (other than those expressly authorised by this permission) shall be inserted into the dwelling.

Reason: To preclude overlooking and thereby protect the residential amenities of the neighbouring occupiers and maintain the visual appearance of the development in accordance with Policy OSS4 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

15.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that order with or without modification), no extensions or alterations, as defined within classes A-D of Part 1 of the Schedule 2 of the order, shall be carried out on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: To ensure that the satisfactory appearance of the development and the residential amenities of neighbouring properties is maintained in accordance with Policy OSS4 (ii)(iii) of the Rother Local Plan Core Strategy.

 

16.  No other development shall commence until the approved vehicular access serving the development has been constructed to base course level.

Reason: To ensure highway safety during construction in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

NOTE:

 

1.     The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.

 

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.

 

(Councillor Mier declared a personal and prejudicial interest in this matter in so far as he was a personal friend of a number of objectors and had worked with the applicant on the Fairlight Neighbourhood Plan; in accordance with the Members’ Code of Conduct he left the room during the consideration thereof and chose not to speak on the item before leaving).