Decisions

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Decisions published

14/11/2019 - Planning Statistics for the Quarters April to June 2019 and July to September 2019 ref: 178    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

Members gave consideration to the report of the Executive Director on the planning statistics for the quarters April to June 2019 and July to September 2019.

 

RESOLVED: That the report be noted.


14/11/2019 - Developer Re-Negotiations of Section 106 Agreements in Relation to Affordable Housing ref: 176    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

At the September Committee meeting, Members requested to be kept abreast of the current arrangements in relation to the re-negotiations of affordable housing in Section 106 Agreements, as well as the number of applications that had be re-negotiated in the past two years. 

 

Members noted that planning obligations could be amended at any time with the agreement of the Local Planning Authority (LPA).  Where the LPA did not agree developers could make a formal application under Section 106A(3) to modify or discharge agreements, but only if the planning obligation was more than five years old. In those instances developers could appeal the decision on the application if refused by the LPA to the Secretary of State (i.e. Planning Inspectorate).

 

It was confirmed that there had been no re-negotiated planning obligations in relation to affording housing during the last two years.

 

RESOLVED: That the report be noted.

 


14/11/2019 - RR/2019/34/P - Icklesham - Winchelsea Sands Holiday Park, Pett Level Road, Winchelsea Beach ref: 175    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

DECISION: GRANT (FULL PLANNING)

 

CONDITIONS:

 

1.     The development shall not proceed other than in accordance with Condition 2 imposed on planning permission A/63/25, dated 29 April 1963, which remains in full force and effect.

Reason: This permission is granted pursuant to planning permissions A/63/25, dated 29 April 1963, and RR/92/1882/P, dated 30 November 1992. Under Section 73 of the Town and Country Planning Act 1990 the Council has considered the conditions subject to which those previous planning permissions were granted and confirms that the conditions and associated reasons remain pertinent and are re-imposed, apart from as varied by this permission.

 

Conditions 1 and 3 imposed on planning permission A/63/25, dated 29 April 1963, and Condition 2 imposed on planning permission RR/92/1882/P, dated 30 November 1992, are varied as follows:

 

2.     This permission shall authorise the use of the land (two acres) verged red on the submitted plan (but excluding the curtilage of the White Lodge Stores) as a caravan camping site during the period from the 1 March in any one year to the 14 February the following year.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

3.     Occupation of the caravans on the site shall be limited to between the 1 March in any one year to the 14 February the following year.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

New Additional Conditions:

 

4.     The caravans on the site are to be occupied for holiday purposes only and shall not be occupied as a person’s sole or main place of residence.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

5.     The owners/operators shall maintain an up-to-date register of the names of all owners and/or occupiers of individual caravans on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

NOTE:

 

1.     The applicant is advised that a new caravan site licence may be required. Please contact Rother District Council Licensing by e-mail licensing@rother.gov.uk or by phone 01424 787550 regarding this matter.

 

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.

 


14/11/2019 - RR/2019/33/P - Icklesham - Winchelsea Sands Holiday Park, Pett Level Road, Winchelsea Beach ref: 174    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

DECISION: GRANT (FULL PLANNING)

 

CONDITIONS:

 

1.     The development shall not proceed other than in accordance with Conditions 2, 4, 5, 6 and 7 imposed on planning permission A/62/330, dated 28 May 1962, which remain in full force and effect.

Reason: This permission is granted pursuant to planning permissions A/62/330, dated 28 May 1962, and RR/90/1046/P, dated 26 July 1990. Under Section 73 of the Town and Country Planning Act 1990 the Council has considered the conditions subject to which those previous planning permissions were granted and confirms that the conditions and associated reasons remain pertinent and are re-imposed, apart from as varied by this permission.

 

Conditions 1 and 3 imposed on planning permission A/62/330, dated 28 May 1962, and Condition 2 imposed on planning permission RR/90/1046/P, dated 26 July 1990, are varied as follows:

 

2.    This permission shall only authorise the use of the land cross-hatched red on the plan as a site for caravan camping during the period from the 1 March in any one year to the 14 February the following year.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

3.    Occupation of the caravans on the site shall be limited to between the 1 March in any one year to the 14 February the following year.

     Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

New Additional Conditions:

 

4.     The caravans on the site are to be occupied for holiday purposes only and shall not be occupied as a person’s sole or main place of residence.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

5.     The owners/operators shall maintain an up-to-date register of the names of all owners and/or occupiers of individual caravans on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

Reason: To ensure that the caravans are not used for unauthorised permanent residential occupation – which would result in the loss of tourist accommodation and would present an unacceptable risk to life in the event of a flood – in accordance with Policy EC6 (vi) of the Rother Local Plan Core Strategy 2014.

 

NOTE:

 

1.     The applicant is advised that a new caravan site licence may be required. Please contact Rother District Council Licensing by e-mail licensing@rother.gov.uk or by phone 01424 787550 regarding this matter.

 

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.

 


14/11/2019 - RR/2019/1874/P - Bexhill - 21 Ninfield Road ref: 173    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

DECISION: GRANT (FULL PLANNING)

 

Members had visited the site as part of their site inspections.  The proposal was for the construction of a second floor mansard style extension over the existing flat-roofed first floor of the building to create two self-contained flats, as well as change of use of the ground floor from a mixed use Class A1 and A3 to a single use for Class A1 purposes.

 

Consideration was given to updated information received from the agent, which was circulated to Members prior to the meeting.  Concerns regarding lack of parking provision by the Highway Authority were also noted.  The Committee considered comments made by the Ward Member who explained that the property had been empty for some time and was currently an eyesore on Sidley’s High Street.

 

Members discussed the acceptability of the proposal and the level of impact on the street-scene.  In weighing up all the issues, including the lack of a current 5-year supply of land for housing, Members considered that the design of the property was acceptable, would not look out of place or have a harmful impact on the street-scene.  Therefore, the Committee considered that the application for full planning should be granted.

 

Councillor Prochak moved the motion to approve (Grant Full Planning) and this was seconded by Councillor Mier.

 

Resolution voted on – the motion was CARRIED (unanimous).

 

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. 227-P-01-B, dated 4 October 2019

Drawing No. 227-S-01-A, dated 8 August 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 above ground level shall take place until samples of the materials to be used in the construction of the external surfaces of the extension 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 the character and appearance of the existing building and to preserve the visual amenities of the area in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

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 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.

 

(Councillor Mrs Earl-Williams declared a personal and prejudicial interest in this matter in so far as she owned 19 Ninfield Road, the adjacent property and in accordance with the Members’ Code of Conduct left the room during the consideration thereof).

 


14/11/2019 - RR/2019/1477/P - Bexhill - The Thorne - Land to rear ref: 172    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

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:

No. 6143/19/LBP/C (Location Block Plan), dated Aug 2019

No. 6143/19/1 (Floor Plans & Elevations), dated May 2019

No. 6143/19/2 (Floor Plans & Elevations), dated May 2019

No. 6143/19/3 (Floor Plans & Elevations), dated May 2019

No. 6143/19/4/D (Site Plan & Street Scene), dated Aug 2019

No. 6143/19/5(Indicative Illustrative Layout), dated Aug 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 approved by this planning permission shall commence until a Construction Traffic Management Scheme for operations at the site has been submitted to and approved in writing by the Local Planning Authority. This should include details of how the development will be constructed from the access adjacent to Little Throne, and not via Thorne Close; an onsite compound for contractors’ vehicles, plant, machinery and materials for the duration of the development, details for wheel washing equipment within the site, during any form of earthworks and/or excavations and details of routes, timings and management of construction traffic including the importation and storage of soil.

Reason: To maintain the free flow of traffic along the highway and to prevent contamination and damage to the adjacent roads, in the interests of highway safety and for the benefit and convenience of the public at large having regard to Policies OSS4 (ii), CO6 (ii) and TR3 of the Rother Local Plan Core Strategy.

 

4.     No development approved by this planning permission shall commence until a scheme of the working hours during the construction has been submitted to and approved in writing by the Local Planning Authority. Unless alternative times are specifically agreed 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: A pre-commencement condition is required from the outset to ensure highway safety and 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.

 

5.     No development approved by this planning permission shall commence until a scheme for the control of noise and dust during construction shall be submitted to and approved in writing by the Local Planning Authority. Development work should be carried out in accordance with the approved scheme and no bonfires will be permitted on site.

Reason: A pre-commencement condition is required so that development from its outset does not unreasonably harm the amenities of adjoining properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

6.     No development approved by this planning permission shall commence until detailed drainage drawings and calculations have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include evidence (that the drainage system is capable of half emptying within 24 hours for all rainfall events, including those with one in 100 (+40% for climate change) annual probability of occurrence. The hydraulic calculations shall take into account the connectivity of the different surface water drainage features.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

7.     No development approved by this planning permission shall commence until the detailed design of the infiltration features have been 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.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

8.     No development approved by this planning permission shall commence until a maintenance and management plan for the entire drainage system has been submitted to and approved in writing by the Local Planning Authority to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan shall cover the following:

a)     This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains.

b)     Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

These details shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

9.     Prior to occupation of the development, evidence (including photographs) shall be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

10.  No development approved by this planning permission shall commence until the hard and soft landscaping details have been submitted to and approved in writing by the Local Planning Authority, which shall include:

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

b)     Planting plans.

c)     Written specifications (including cultivation and other operations associated with plant and grass establishment).

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

e)     Hard surfacing materials.

f)       An implementation programme.

Reason: This pre-commencement condition is required to enhance the appearance of the development and maintain its landscape setting, in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

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

Reason: To maintain the visual amenities of the surrounding area,in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

 

12.  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 enhance the appearance of the development and maintain its landscape setting, in accordance with Policies OSS4 (iii) and EN3 of the Rother Local Plan Core Strategy.

 

13.  No dwelling shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans or details which have been first submitted to and approved in writing by the Local Planning Authority and the cycle parking spaces 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 Policies OSS4 (i) & TR3 of the Rother Local Plan Core Strategy.

 

14.  No dwelling shall be occupied until boundary treatment has been erected in accordance with details (including a plan indicating the positions, design, height, materials and type of boundary treatment to be erected) which have been first submitted to and approved in writing by the Local Planning Authority. Once erected the approved boundary treatment shall thereafter be retained.

Reason: To safeguard the amenities of neighbouring properties, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

 

15.  No dwelling shall be occupied until parking spaces for vehicle, have been provided and constructed in accordance with the approved plan, and the parking spaces shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure that adequate parking is provided and ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6(ii) and TR4(i) of the Rother Local Plan Core Strategy.

 

16.  No dwelling shall be occupied until the service vehicle turning head has been provided and constructed in accordance with the approved plan and the turning head shall thereafter be retained for that use and shall not be used for any other purpose.

Reason: To ensure that adequate turning facilities for service vehicles is provided and 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.

 

17.  No dwelling shall be occupied until the approved bin and recycling storage facilities to serve it have been provided in accordance with the approved plans and thereafter retained to that purpose.

Reason: To provide adequate big and recycling facilities and to protect the amenity of the locality in accordance with Policy OSS4 (i) and (iii) of the Rother Local Plan Core Strategy.

 

18.  If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant 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 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.

To preserve the visual amenities of the area in accordance with Policies OSS4 (iii) and EN3 (ii) of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.     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/CILfor further information and the charging schedule.

 

2.     The granting of planning permission neither grants nor implies any right of way to gain access to the site.

 

3.     The development will be subject to the requirements of the Building Regulations, and advice should be sought from the East Sussex Building Control Partnership. No work should be carried out until any necessary permission has been obtained.

 

4.     The landowner and/or developer should take all relevant precautions to minimise the potential for disturbance to adjoining occupiers from noise and dust during the construction period. This should include not working outside the hours of 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays, and no such work should take place on Sundays or Bank Holidays.

 

5.     The landowner and/or developer 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.

 

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraphs 186 and 187) 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. 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.

 

(Councillor Coleman declared a personal and prejudicial interest in this matter in so far as he been previously lobbied by objectors to the application and felt unable to consider the matter impartially and in accordance with the Members’ Code of Conduct left the room during the consideration thereof).

 


14/11/2019 - RR/2018/2616/P and 2617/L - Northiam - Clench Green, Beales Lane ref: 171    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

DECISION: (RR/2019/2616/P) REFUSE (FULL PLANNING)

 

REASON FOR REFUSAL:

 

1.     Having regard to Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the proposed extension, by reason of its uncharacteristic roof form, height, footprint, wall to window proportions and projection beyond the host building’s gable end, would appear as an incongruous and discordant feature on this well preserved Grade II listed building. As such, the works proposed would fail to preserve the special architectural or historic interest of the Grade II listed building. Additionally, the works proposed would harm the building’s significance as a designated heritage asset, in conflict with paragraph 193 of the National Planning Policy Framework, and would also conflict with Policy EN2(iii) of the Rother Local Plan Core Strategy 2014 and saved Policy HG8 of the Rother District Local Plan 2006, which seek to protect the character and appearance of existing buildings.

 

NOTE:

 

1.     This refusal of planning permission relates to the following drawings:

Drawing No. 5936/LBP/A (LOCATION BLOCK PLAN), dated JUN 19

Drawing No. 5936/2 (JOINERY DETAILS), dated SEPTEMBER 2018

Drawing No. 5936/19/1/E (PROPOSED EXTENSION & INTERNAL ALTERATIONS), dated APR 19

Drawing No. 5936/19/2/A (PROPOSED INTERNAL ALTERATIONS), dated APR 19

REF. HP 06/16 (CRITTALL HOMELIGHT PLUS WINDOW FRAME PROFILES)

 

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 identifying matters of concern with the proposal, clearly setting out the reason for refusal, thereby allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied as part of a revised scheme.

 

DECISION: (RR/2019/2617/L) REFUSE (LISTED BUILDING CONSENT)

 

REASON FOR REFUSAL:

 

1.     Having regard to Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990, it is considered that the proposed extension, by reason of its uncharacteristic roof form, height, footprint, wall to window proportions and projection beyond the host building’s gable end, would appear as an incongruous and discordant feature on this well preserved Grade II listed building. As such, the works proposed would fail to preserve the special architectural or historic interest of the Grade II listed building. Additionally, the works proposed would harm the building’s significance as a designated heritage asset, in conflict with paragraph 193 of the National Planning Policy Framework, and would also conflict with Policy EN2(iii) of the Rother Local Plan Core Strategy 2014 & saved Policy HG8 of the Rother District Local Plan 2006, which seek to protect the character and appearance of existing buildings.

 

NOTE:

 

1.     This refusal of listed building consent relates to the following drawings:

Drawing No. 5936/LBP/A (LOCATION BLOCK PLAN), dated JUN 19.

Drawing No. 5936/2 (JOINERY DETAILS), dated SEPTEMBER 2018.

Drawing No. 5936/19/1/E (PROPOSED EXTENSION & INTERNAL ALTERATIONS), dated APR 19.

Drawing No. 5936/19/2/A (PROPOSED INTERNAL ALTERATIONS), dated APR 19.

REF. HP 06/16 (CRITTALL HOMELIGHT PLUS WINDOW FRAME PROFILES).

 

(Councillor Mier declared a personal interest in this matter in so far as he had previously instructed the Agent in a personal capacity and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).

 


14/11/2019 - RR/2019/792/P - Battle - 56-58 High Street - Land to the rear ref: 170    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

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:

Drawing No. 022-1.100-E, dated 25/10/19

022-1.002-D, 005-D, 200-C, dated 24/07/19

022-0.001-A, dated 25/03/19

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 demolition or ground works shall take place until the developer has secured the implementation of a programme of archaeological work, in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority.

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

 

4.     No development approved by this permission shall be commenced prior to a contaminated land assessment and associated remedial strategy, together with a timetable of works, being submitted to the Local Planning Authority for approval and all works shall be completed in accordance with the approved details.

a)    Submission of a timetable for completion of remediation works in accordance with the details of remedial works required to be approved by the Local Planning Authority in association with Environmental Health, prior to any remediation commencing on site.  The works shall be of such a nature so as to render harmless the identified contamination given the proposed end-use of the site and surrounding environment (including any controlled waters).

b)    Approved remediation works shall be carried out in full on site under a quality assurance scheme to demonstrate compliance with the proposed methodology and best practice guidance.  If during any works contamination is encountered which has not previously been identified then the additional contamination should be fully assessed and an appropriation remediation scheme submitted to the Local Planning Authority for approval.

c)     Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the Local Planning Authority.  The closure report shall include details of the proposed remediation works and the quality assurance certificates to show that the works have been carried out in full in accordance with the approved methodology.  Details of any post remediation sampling and analysis to show the site has reached the required clean-up criteria shall be included in the closure report together with the necessary documentation detailing what waste materials have been removed from the site.

Reason:  A pre-commencement condition is required as the site investigations undertaken identify that previous uses may have left the land contaminated and in order to avoid risks to health or the environment mitigation is required in accordance with Paragraphs 118, 170 and 178 of the NPPF and Policy OSS3 (viii) of the Rother Local Plan Core Strategy.

 

5.     No development shall take place, 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: A pre-commencement condition is required from the outset because the works need to be managed in all stages of construction to maintain the safety of all road users and so as not to unreasonably harm the amenities of adjoining properties and in the interests of highway safetyIn the interests of highway safety and the amenities of the area in accordance with Policies OSS4 (ii), CO6 and TR3 of the Rother Local Plan Core Strategy.

 

6.     No development shall commence until the following surface water drainage details (which should be based on the surface water drainage strategy outlined for the site) have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details:

a)     Detailed design drawings for the proposed attenuation storage tanks and the rainwater harvesting system. Written evidence that Southern Water agrees to both a new connection into the public sewer, and that they have capacity within their system.

b)     A maintenance and management plan for the entire drainage system clearly stating who will be responsible for all parts and evidence that these responsibility arrangements will remain in place throughout the lifetime of the development.

c)     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 (as per condition 5(i)).

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.

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

a)     1:10 drawings of proposed building details including fenestration, eaves details, roof-lights, rainwater goods, pipes, vents and utility meters and boxes where applicable.

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

c)     Samples of materials for any hardsurfacing.

d)     Details for rear boundary treatments.

Reason: To ensure a high building appearance and architectural quality, to ensure that the development where practical reflects the historic character and detailing of the surrounding listed buildings and conservation area and thereby preserves the setting of the listed buildings and the character and appearance of the conservation area, in accordance with Policies OSS4(iii), EN2 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

8.     Prior to occupation of the dwellings hereby permitted, the parking and turning arrangements for vehicles shall be provided in accordance with Drawing No. 022-1.002-D, dated 24/07/19. Those areas shall be provided and thereafter retained for that use only.

Reason: To ensure the provision of adequate on-site parking and turning facilities, to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway and that it does not prejudice the free flow of traffic or conditions of general safety along the highway in accordance with Policies TR3 and TR4 of the Rother Local Plan Core Strategy.

 

9.     The development shall not be occupied until cycle parking has been provided in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and 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 of transport and to meet the objectives of sustainable development in accordance with Policy TR3 of the Rother Local Plan Core Strategy.

 

10.  The development hereby permitted shall not 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) has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 3 to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority.

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

 

11.  This permission is granted for single storey one bedroom units only with no habitable space within the roof area. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, (or any order revoking or re-enacting this Order with or without modification), no roof alterations, internal or external, or as defined within classes B and C of Part 1 of the Schedule 2 of the order, shall be carried out to any dwelling hereby permitted on the site otherwise than in accordance with a planning permission granted by the Local Planning Authority.

Reason: To ensure that the units remain single units of accommodation that meet the required space standards and to preclude additional rooms being created within the roof, which could result in overlooking and loss of privacy for the adjacent properties in the High Street, Old Mill Walk and the Cottage to the south, retaining the form and appearance of the development, having regard to the character of the area and in accordance with Policies OSS4 (ii) & (iii), EN2 and EN3 of the Rother Local Plan Core Strategy and Policy DHG3 of the Development and Site Allocations.

 

NOTE

 

1.     The applicant is reminded that public footpath 34 lies outside the north east boundary of the site and should not be obstructed or disturbed during any period of demolition or construction work.

 

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 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.


14/11/2019 - RR/2017/1778 - Rye - Former Thomas Peacocke School Site, Ferry Road ref: 169    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

DECISION: GRANT (OUTLINE PLANNING) DELEGATED SUBJECT TO FINALISATION OF PLANNING CONDITIONS AND A SECTION 106 PLANNING OBLIGATION TO SECURE:

·        A financial contribution in lieu of affordable housing on site.

·        Management of the allocated/unallocated parking spaces.

·        Implementation of necessary highway works.

·        An Employment and Skills Plan.

 

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 documents:

22876A_01 A – As Existing Site Plan

22876A_02 A – As Existing Block Plan

22876A_03 – Demolition Plan

22876A_10 E – Proposed Site Plan

22876A_17 C – Proposed Site Plan – Levels Strategy

22876A_18 – Proposed Site Plan Plot Boundaries

22876A_30 – Proposed House Type Drawings – Plots 1 to 3 Floor Plans + Elevations

22876A_31 – Proposed House Type Drawings – Plots 4 to 12 Floor Plans

22876A_32 – Proposed House Type Drawings – Plots 4 to 12 Elevations

22876A_33 A – Proposed House Type Drawings – Plots 13 to 16 Floor Plans

22876A_34 A – Proposed House Type Drawings – Plots 13 to 16 Elevations

22876A_35 A – Proposed House Type Drawings – Plots 17 to 21 Floor Plans

22876A_36 A – Proposed House Type Drawings – Plots 17 to 21 Elevations

22876A_37 A – Proposed House Type Drawings – Plots 22 to 25 Floor Plans

22876A_38 A – Proposed House Type Drawings – Plots 22 to 25 Elevations

22876A_39 A – Proposed House Type Drawings – Plots 26 to 30 Floor Plans

22876A_40 A – Proposed House Type Drawings – Plots 26 to 30 Elevations

22876A_41 A – Proposed House Type Drawings – Plots 31 to 33 Floor Plans

+ Elevations

22876A_42 A – Proposed House Type Drawings – Plots 34 to 40 Floor Plans

22876A_43 A – Proposed House Type Drawings – Plots 34 to 40 Elevations

22876A_44 A – Proposed House Type Drawings – Plots 41 to 46 Floor Plans

22876A_45 A – Proposed House Type Drawings – Plots 41 to 46 Elevations

22876A_46 A – Proposed House Type Drawings – Plots 47 to 54 Floor Plans

22876A_47 A – Proposed House Type Drawings – Plots 47 to 54 Elevations

22876A_48 A – Proposed House Type Drawings – Plots 55 to 58 Floor Plans

22876A_49 A – Proposed House Type Drawings – Plots 55 to 58 Elevations

22876A_50 A – Proposed House Type Drawings – Plots 59 to 63 Floor Plans

22876A_51 A – Proposed House Type Drawings – Plots 59 to 63 Elevations

22876A_52 – Proposed Car Port Drawing – Floor Plans and Elevations

22876A_53 – Proposed Bin Store – Floor Plans and Elevations

22876A_60 A – Proposed Site Sections – A-A, B-B

22876A_61 A – Proposed Site Sections – C-C, D-D

22876A_62 A – Proposed Site Sections – E-E, F-F, G-G

 

Note that Drawing No. LANDP001/R02 (soft landscaping) is not approved as it relates to an earlier version of the scheme and includes an approach to planting of communal areas that is not supported.

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 approved by this planning permission shall commence until the developer has secured the implementation of a programme of archaeological work, in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority.

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

 

4.     No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

a)     A preliminary risk assessment which has identified:

·        all previous uses;

·        potential contaminants associated with those uses;

·        a conceptual model of the site indicating sources, pathways and receptors; and

·        potentially unacceptable risks arising from contamination at the site.

b)   A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.

c)   The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

d)   A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the written consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason:To ensure that the development does not contribute to, or is not put at unacceptable risk from/adversely affected by, unacceptable levels of water pollution in line with paragraph 170 of the National Planning Policy Framework.

5.     No development approved by this planning permission shall commence until such time as a scheme to connect all plots to mains foul drainage has been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water. The scheme shall be implemented as approved.

Reason: The National Planning Policy Framework paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

 

6.     No development approved by this planning permission shall commence until detailed surface water drainage drawings and calculations have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include:

a)     Evidence (in the form of hydraulic calculations) that surface water discharge rates are limited to the equivalent brownfield runoff rates for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. The hydraulic calculations shall take into account the connectivity of the different surface water drainage features and where outfall is allowed to surcharge based on the predicted 1 in 100 year flood level. This should include a 10% allowance for urban creep.

b)     Details (including groundwater monitoring) on how impacts of high groundwater on the hydraulic capacity and structural integrity of the underground tanks will be managed.

c)     Information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely.

d)     Details of the outfall of the proposed attenuation tanks and how they connect into the watercourse, including cross sections and invert levels.

e)     Details of how the necessary maintenance access and easements for the outfall from the drainage system to the watercourse will be secured for the lifetime of the development.

f)       A maintenance and management plan for the entire drainage system. This plan shall clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains and evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.

The approved details shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

7.     Prior to the construction of the outfall referred to in Condition 6, a survey of the condition of the ordinary watercourse which will take surface water runoff from the development shall be investigated. Results of the survey, including any required improvements to the condition of the watercourse shall be submitted to and approved in writing by the Local Planning Authority and implemented accordingly.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) & (iii) of the Rother Local Plan Core Strategy.

 

8.     No part of the development shall be occupied until evidence (including photographs) has been submitted showing that the surface water drainage system has been constructed in accordance with the details approved through Conditions 6 and 7 of this decision notice. The approved details shall thereafter remain in place for the lifetime of the development.

Reason:  To ensure the satisfactory drainage of the site and to prevent water pollution in accordance with Policy SRM2 (ii) and (iii) of the Rother Local Plan Core Strategy.

 

9.     No development approved by this planning permission shall commence until a Construction Traffic Management Scheme for operations at the site has been submitted to and approved in writing by the Local Planning Authority in association with the Highway Authority. This should include details for an onsite compound for contractors’ vehicles, plant, machinery and materials for the duration of the development, details for wheel washing equipment within the site, during any form of earthworks and/or excavations and details of routes, timings and management of construction traffic including the importation and storage of soil.

Reason: To maintain the free flow of traffic along the highway and to prevent contamination and damage to the adjacent roads, in the interests of highway safety and for the benefit and convenience of the public at large having regard to Policies OSS4 (ii), CO6 (ii) and TR3 of the Rother Local Plan Core Strategy.

 

10.  No part of the development shall be occupied until the access onto Ferry Road has been constructed in accordance with details submitted to and approved by the Local Planning Authority.

Reason:  In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway in accordance with Policies CO6(ii) and TR3 of the Rother Local Plan Core Strategy.

 

11.  No development approved by this planning permission shall commence until a scheme of the working hours during the construction has been submitted to and approved in writing by the Local Planning Authority. Unless alternative times are specifically agreed 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: A pre-commencement condition is required from the outset to ensure highway safety and 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.

 

12.  No development approved by this planning permission shall commence until a scheme for the control of noise and dust during construction shall be submitted to and approved in writing by the Local Planning Authority. Development work should be carried out in accordance with the approved scheme and no bonfires will be permitted on site.

Reason: A pre-commencement condition is required so that development from its outset does not unreasonably harm the amenities of adjoining properties in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and the National Planning Policy Framework.

 

13.  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the Local Planning Authority. The remediation strategy shall be implemented as approved. 

Reason: To ensure that the development does not contribute to, is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 170 of the National Planning Policy Framework.

 

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

Reason: In the interests of highway safety and for the benefit and convenience of the public at large and having regard to the character and appearance of the locality, in accordance with Policies OSS4 (iii), CO6 (ii), EN1, EN3 and TR3 of the Rother Local Plan Core Strategy.

 

15.  Prior to the commencement of development, details regarding all existing trees and hedgerows on the site, including details of those to be retained, established through a phased clearance approach to the existing scrubland as set out in the submitted Tree Survey and Arboricultural Impact Assessment, along with planting plans relating to the strengthening of the buffer planting at the railway boundary, shall be submitted to and approved in writing by the Local Planning Authority. The submission shall include details for the protection of all trees to be retained on the site. The approved scheme shall be put in place prior to the commencement of any development, apart from site clearance and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the landscape setting and enhances the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

16.  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 drawings of proposed building details including fenestration, bays and shutters, dormers, eaves details, barge boards, porches, roof-lights, pipes, vents and utility meters and boxes.

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

Reason: To ensure a high building appearance and architectural quality, to ensure that the development where practical reflects the character and/or appearance of the local area and to preserve the visual amenities of the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy and the National Planning Policy Framework. 

 

17.  Notwithstanding the information on the approved Plan Drawing No. 22876A_18, no above ground works shall commence until drawn details (plans and elevations) of the boundary treatments and any other means of enclosure (fences, hedges, and walls) indicating the locations, type, design, height, and materials of such, have been submitted to 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. In addition to site boundaries, parking courts and rear gardens, boundary treatments shall be located so as to divide and enclose the front gardens of each of the houses, and also flats 50-54, and 17-21.

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

 

18.  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)     Specifications and samples of hard surfacing materials (including road surfaces, footpaths, parking spaces and other areas of hardstanding, kerbs and tactile paving).

b)     Any street furniture, signage and street lighting, bollards and other such items, including proposed locations.

Reason: To ensure the creation of a high quality public realm, landscape setting, minimal impact upon retained trees and architectural quality in accordance with Policies EN3, EN4 and EN1 of the Rother Local Plan Core Strategy.

 

19.  The soft landscaping proposals shown on Drawing No. LANDP001 Rv02 are not acceptable and are not approved. No above ground works shall commence until the following soft and hard landscaping details have been submitted to and approved in writing by the Local Planning Authority, which shall include:

a)     design, layout and appearance of structural and amenity green space, including verges;

b)     planting plans;

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

d)     details of management responsibilities and maintenance schedules for all landscape areas, other than privately owned, domestic gardens; and

e)     implementation programme. 

Reason: To enhance the appearance of the development and to ensure that the proposed development does not prejudice the landscape setting and enhances the local landscape in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

20.  Prior to any part of the permitted development being occupied, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Reason: To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 170 of the National Planning Policy Framework.

21.  Prior to the occupation of the development, a landscape management plan, including management responsibilities and maintenance schedules for the communal hard and soft landscape/open space areas, including any street furniture and minor artefacts therein, shall be submitted to and approved by the Local Planning Authority. The landscape management plan shall be carried out as approved.

Reason: To ensure a high quality public realm taking account of the characteristics of the locality and enhancing the landscape character in accordance with Policies OSS4 (iii), EN1 and EN3 (ii) (e) of the Rother Local Plan Core Strategy.

 

22.  If within a period of five years from the date of the planting of any tree or hedging that tree/hedging, or any 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 maintain its rural setting in accordance with Policies OSS4 (iii), EN1 and EN3 of the Rother Local Plan Core Strategy.

 

23.  No dwelling hereby approved shall be occupied until the archaeological site investigation and post investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under Condition 3 to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority.

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

 

24.  Before occupation of the dwellings they are to serve the refuse and recycling storage and collection point facilities shall be provided in accordance with the approved plans, thereafter retained, with all bins and containers available for use, maintained and replaced as need be.

Reason: To safeguard the visual amenities of the locality in accordance with Policy OSS4 of the Rother Local Plan Core Strategy.

 

NOTES:

 

1.     This permission is the subject of an obligation under section 106 of the Town and Country Planning Act 1990.

 

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.

 

NATIONAL PLANNING POLICY FRAMEWORK: In accordance with the requirements of the Framework (paragraphs 186 and 187) 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. 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.

 


14/11/2019 - Appeals ref: 177    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 14/11/2019 - Planning Committee

Decision published: 20/11/2019

Effective from: 14/11/2019

Decision:

Members noted the report on Appeals that had been started, allowed or dismissed since the Committee’s last meeting, together with the list of forthcoming Hearings and Inquiries.

 

RESOLVED: That the report be noted.