DECISION: GRANT (FULL PLANNING) DELEGATED SUBJECT TO EXPIRY OF CONSULTATION PERIOD (EXPIRES 30 MAY 2020)

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:

Location Plan, Drawing No. 4790.LP dated April 2020

Site Plan, Drawing No. 4790.SP dated April 2020

Proposed Elevations and Floor Plan, Drawing No. 4790.2C dated 13/05/20

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.     The materials to be used in the construction of the external surfaces of the development hereby permitted shall match in materials, colour and texture those used in the existing building unless an alternative finish is first submitted to and approved in writing by the Local Planning Authority.

Reason: To maintain the characteristics of the existing building in accordance with Policy OSS4 (iii) of the Rother Local Plan Core Strategy.

4.     Notwithstanding the approval of Drawing No. 4790.2C, the front elevation window fenestration is not approved. Prior to insertion of the windows, proposed window fenestration details which respect and respond to the front elevation’s existing windows shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure a high quality of design and in the interests of maintaining and enhancing the appearance and character of the existing dwelling and the street-scene in accordance with Policies EN3 and OSS4 of the Rother Local Plan Core Strategy and Policy DHG9 of the Rother Development and Site Allocations Local Plan.

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 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 Errington declared a personal and prejudicial interest in this matter in so far as the Applicant is a family friend and in accordance with the Members’ Code of Conduct left the meeting during the consideration thereof).

DECISION: GRANT (PLANNING PERMISSION) DELEGATED (SUBJECT TO EXPIRY OF CONSULTATION PERIOD)

CONDITIONS:

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

Site Location Plan dated 27 February 2020

Jacksons Fencing Plan received on 16-01-20

Jacksons Fencing Quotation (Ref: 1955154) dated 17 September 2019

MRL Acoustics Building Services Plant – Noise Assessment (Report No. MRL/100/1495.1v2), dated December 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.

2.     The noise mitigation measures (acoustic barriers) detailed in the plans and documents approved under Condition 1, shall be erected within two months of the date of this planning permission and shall thereafter be retained.

Reason: To protect the living conditions of residents in the locality from disturbance from noise, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014 and Policy DEN7 of the Development and Site Allocations (DaSA) Local Plan 2019.

3.     The premises shall not be used for the production and processing of pasta before 5.30am on Mondays or after 6pm on Saturdays in any given week.

Reason: To protect the living conditions of residents in the locality from disturbance from noise, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014 and Policy DEN7 of the DaSA Local Plan 2019.

4.     No deliveries shall be taken at or despatched from the site before 7.30am or after 6pm Mondays to Saturdays, nor at any time on Sundays.

Reason: To protect the living conditions of residents in the locality from disturbance from noise, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014 and Policy DEN7 of the DaSA Local Plan 2019.

5.     At no time when the factory is operating shall the sound level rating from the plant’s operations exceed:

·       +5dB above background sound level (taken as a 15 minute LA90 at the boundary with the nearest noise sensitive premises) between the hours of 7am to 11pm.

·       The background sound level (taken as a 15 minute LA90 at the boundary with the nearest noise sensitive premises) between the hours of 11pm to 7am.

All measurements shall be taken in accordance with the methodology of BS 4142:2014+A1:2019 Methods for rating and assessing industrial and commercial sound (as amended).

Reason: To protect the living conditions of residents in the locality from disturbance from noise, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014 and Policy DEN7 of the DaSA Local Plan 2019.

6.     Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification), the premises shall only be used for the production and processing of pasta and for no other purpose.

Reason: To protect the living conditions of residents in the locality from disturbance from noise, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy 2014 and Policy DEN7 of the DaSA Local Plan 2019.

NOTE:

1.     With regard to Condition 5, where any changes to existing equipment or processes are proposed, a noise impact assessment should be carried out to ensure that the resulting sound level rating from the plant’s operations does not exceed the sound levels specified in the condition.

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.

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:

Site Location Plan, Drawing No. 4608.LP dated February 2018

Site Plan, Drawing No. 4608.SP.B dated February 2018

Proposed Elevations and Floor Plan, Drawing No. 4608/1.G dated February 2018

22 Rockmead Road Storm Drainage dated 27 June 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.     The development hereby approved shall be carried out in accordance with the mitigation measures as set out in section 6 of the Letter Report on Land Stability Assessment by GabrielGeo Consulting, dated 23 July 2018. If the quantities and densities of the construction materials are different than that set out in the report, or development is intended to be carried out in a different manner, no development shall be undertaken (or if development has started it shall cease), until a revised Land Stability Assessment has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out (or continue) in accordance with the approved revised assessment.

Reason: In the interests of land stability in accordance with Policy DEN6 of the Development and Site Allocations (DaSA) Local Plan.

4.     Prior to the garage being brought into use, evidence (including photographs) shall be submitted to the Local Planning Authority showing that the drainage system has been constructed as per the approved drainage details listed at Condition 2 above.

Reason: To ensure that the drainage infrastructure for the development has been provided so as to avoid land instability in accordance with Policy DEN6 of the DaSA Local Plan.

5.     Before any development on the new building commences on the site, the existing building shall be demolished and the site cleared of all resultant rubble and spoil to an off-site location.

Reason: To ensure the satisfactory development, the prevention of overloading and the protection of the land stability in accordance with Policy DEN6 of the DaSA Local Plan.

6.     All demolition, clearance and new building construction shall be undertaken using hand held tools and ‘mini’ digger/excavator only and the works shall be confined to the area immediately around the building as specified on the approved plans and set out within the letter on Land Stability Assessment by GabrielGeo Consulting, dated 23 July 2018.

Reason: To ensure the satisfactory development, the prevention of overloading and the protection of the land stability in accordance with Policy DEN6 of the DaSA Local Plan.

7.     No storage of materials or machinery associated with the development shall occur beyond the rear wall of the existing/proposed garage or dwelling, or a line drawn between the two.

Reason: To ensure the satisfactory development, the prevention of overloading and the protection of the land stability in accordance with Policy DEN6 of the DaSA Local Plan.

NOTES:

1.     The Applicant should pay attention to the items provided by Gabriel Geo consulting regarding the implementation of the drainage system:

(i)    The surplus soils from the attenuation tank excavation and drain trench should be disposed off-site.

(ii)   The impermeable membrane surrounding the attenuation tank and associated connections to the drains must be comprehensively sealed.

(iii)  The structural protection of the crates is ensured from vehicle loading to prevent any collapse.

2.     The Applicant should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW or Tel: 0330 303 0119 or www.southernwater.co.uk.

3.     The Applicant’s attention is drawn to the detailed information provided by SGN and UK Power Networks regarding gas and electricity services within the vicinity of the site, which should be read prior to the commencement of any works. This information is available to view on the “Viewing Applications, Decisions and Appeals Online” page of Rother District Council’s Planning website (http://www.rother.gov.uk/planning) under planning application reference RR/2018/1975/P.

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 interest in this matter in so far as he is a member of Fairlight Preservation Trust and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof).

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.

Members received the report from the Executive Director requesting the Audit and Standards Committee to consider the appointment of an Audit Independent Person (AIP) to the Committee.  The AIP would be a non-elected member of the public with some experience in the area of audit, similar to the Independent Persons (IPs) appointed under the Localism Act to deal with standards related matters of this Committee’s work. The AIP would be a non-voting Member of the Committee and would be there in an advisory/consultative manner.

It was proposed that recruitment was to be on a competitive basis following the Council’s employment rules, including an open advertisement and interviews, as undertaken for the IPs appointed under the Localism Act.  An advert would be placed on the Council’s website and highlighted through social media messages and MyAlerts inviting applications with a closing date to be confirmed once Council had considered the matter.  The vacancy would also be notified to all Councillors and all Parish and Town Councils within the Rother area.

The expectation was that the AIP would attend every meeting of the Committee and was likely to have discussions with the relevant officers outside of the formal meetings.  It was proposed that an annual allowance of £900 per annum be attached to the role to cover all expenses, including travel to meetings.  It was recommended in the report that the AIP was to be appointed for a term of two years with the option of extending for a further two years.

RECOMMENDED: That:

1)         a non-voting Audit Independent Person be appointed to the Audit and Standards Committee for a period of two years with the option of extending this for a further two years;

2)         the role description, skills and competencies and person specification at Appendix A to the report be agreed; and

3)         the Council’s Constitution be amended accordingly.

AND

RESOLVED: That subject to Council’s approval of recommendations 1 to 3 above:

4)         an Interview Panel be appointed comprising the Chairman of the Audit and Standards Committee, Audit Manager and Assistant Director Resources; and

5)         the proposed appointee be recommended to the next available meeting of the Audit and Standards Committee for onward recommendation to Council.