-
Agenda item
Land at and South of Holmhurst St. Mary, The Ridge, St. Leonards on Sea
Minutes:
Proposal:
Redevelopment of land to the south of Holmhurst St Mary of up to 208 units with access off of The Ridge.
Application No:
HS/OA/15/00077
Existing Use:
Conservation Area:
National Planning Policy
Framework
The Hastings Planning Strategy
Hastings Local Plan –
Development Management Plan
Public Consultation
Undeveloped
No
Sections 4, 6, 7, 8, 10, 11 and 12
DS1, FA1, SC1, SC2, SC3, SC4, SC5,
SC7, EN1, EN2, EN3, EN6, EN7, EN8,
H1, H2, H3, CI1, CI1, T3 and T4
LP1, DM1, DM3, DM4, DM5, DM6, HN1,
HN4, HN7, HN8, HN9, and LRA1
48 letters of objection and 1 petition
received
The Planning Services Manager advised that this application was brought before the Planning Committee in November 2015 where it was resolved to be approved subject to the completion of a Section 106 legal agreement. The legal agreement was required to be completed by 25 May 2016, but the agreement will not be finished by this time. The Council and the applicant have both worked proactively to ensure the agreement is completed soon, but given the extensive requirements and the multiple parties involved more time is required. The application was brought before Planning Committee again to request an extension for the completion of the Section 106 legal agreement until 25th August 2016.
Councillor Dowling proposed a motion to approve the application. This was seconded by Councillor Roberts.
RESOLVED – (by 7 votes to 3) that:
A) The Development Manager be authorised to issue planning permission upon completion of an agreement under S106 of the Town and Country Planning Act to secure:
· a financial contribution towards local highway improvements;
· a Travel Plan and associated auditing contribution;
· the provision, maintenance and management of open space and play provision;
· the maintenance, management and monitoring of trees, protected species and wildlife areas;
· a financial contribution towards Sussex Police and their infrastructure requirements;
· the repair and restoration of the Statue of Queen Anne - a Grade II* Listed Building;
· financial contributions to schools, libraries and Public Rights of Way; and
· affordable housing
unless it has been conclusively shown that the development would not be viable and it would still be acceptable in planning terms without the identified development contributions. In the event that the Agreement is not completed or the viability issue not resolved by 25 August 2016 that permission be refused on the grounds that the application does not comply with the relevant policies (policies H3, CI1, T3, EN3, EN6, EN1, and HN1) of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 or the Hastings Local Plan, Development Management Plan unless an extension of time has been agreed in writing by the Planning Services Manager in consultation with the Chair and Vice Chair of the Planning Committee.
B) Subject to the above:
1.
Approval of the details of the layout, scale and external appearance of the building(s), and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
2.
Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.
3.
Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
4.
The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
5.
The development hereby permitted shall be carried out, in terms of access only, in accordance with the following approved plans:
Indicative Site Layout - Rev K
6.
Prior to the commencement of development, details of the proposed surface water drainage to prevent the discharge of surface water from the proposed site onto the public highway and, similarly, to prevent the discharge of surface water from the highway onto the site, shall be submitted to the Local Planning Authority for approval in consultation with the Highway Authority. The development shall be carried out in accordance with the approved details.
7.
Before house building commences, the new estate road(s) shall be completed to base course level, together with the surface water and foul sewers and main services to the approval of the Planning Authority in consultation with this Authority.
8.
Prior to development, including excavation works, commencing on site a Traffic Management Scheme (TMS) shall be submitted to and approved by the Local Planning Authority in consultation with the Highway Authority. This shall include an outline construction schedule, compound areas for plant, machinery, materials, contractor parking; routing of vehicles and details of wheel washing facilities. Given the proximity to local schools, deliveries should avoid peak periods. The development shall be carried out in accordance with the approved TMS.
9.
The development hereby permitted shall not commence until details of the layout of the access roads and the specification for the construction of the access which shall include details of footways, surfaces, lighting, parking, cycle parking and emergency access onto Welton Rise, have been submitted to and approved in writing by the Local Planning Authority and the use hereby permitted shall not commence until the construction of the road link has been completed in accordance with the specification to be agreed with the Highway Authority.
10.
The new estate road[s] shall be designed and constructed to a standard approved by the Local Planning Authority in accordance with Highway Authority's standards with a view to their subsequent adoption as a publicly maintained highway.
11.
The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with details submitted and approved in relation to condition 1 (reserved matters) above. The turning space shall thereafter be retained for that use and shall not be used for any other purpose.
12.
The development shall not be occupied until parking area[s] have been provided in accordance with the details which have been submitted and approved in accordance with condition 1 (reserved matters) above. The parking shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.
13.
The development shall not be occupied until cycle parking areas have been provided in accordance with the details which have been submitted to and approved in relation to condition 1 (reserved matters) above. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.
14.
The development shall not be brought into use until a Traffic Regulation Order to restrict parking along Eldridge Way or an alternative measures to maintain safe passage of vehicles has been implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.
15.
(i) Construction of the development shall not commence until details of the proposed means of foul sewerage and surface water disposal/management have been submitted to and approved in writing by the Local Planning Authority.
(ii) Development shall be carried out in accordance with the details approved under (i) and no occupation of any of the dwellings or flats hereby approved shall occur until those works have been completed.
(iii) No occupation of any of the dwellings or flats hereby approved shall occur until the Local Planning Authority has confirmed in writing that it is satisfied, that the necessary drainage infrastructure capacity is now available to adequately service the development.
16.
The details for condition 15 above shall include details of the measures which will be undertaken to protect the public water mains sewers during the course of development.
17.
The details required for condition 15 above shall include details of management and maintenance of the SuDS system during the lifetime of the development.
18.
The surface water drainage details for condition 15 above shall be based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 year (including appropriate climate change allowances) critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event.
19.
No development 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.
20.
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 [1] to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority.
21.
Safe access to footpath Hastings 145 is to be maintained at all times during and following completion of the development.
22.
Due to the alteration to footpath Hastings 145 the development shall not be brought into use until it has been formally diverted under s257 of the Town and Country Planning Act 1990.
23.
The development shall not be brought into use until footpath Hastings 145, from Welton Rise to The Ridge, has been improved to an adoptable standard in accordance with details submitted to and approved in writing by the Local Planning Authority.
24.
The landscaping details required by condition 1 above (reserved matters) shall include details of open space and play provision.
25.
No development shall commence until a construction environmental management plan (CEMP) has been submitted to an approved in writing by the Local Planning Authority. The CEMP shall include details in accordance with the submitted environmental statement, which includes matters such as controlling noise, dust, hours of building work and surface water run-off. Development shall be carried out in accordance with the approved CEMP.
26.
The reserved matters details submitted for conditions 1 above shall include details of appropriate climate change mitigation and adaptation measures as required by policy SC3 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028.
27.
Before the development hereby approved is occupied provision shall be made for the ability to connect to fibre-based broadband.
28.
No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan for biodiversity (CEMP: Biodiversity) has be submitted to and approved in writing by the local planning authority. The CEMP: Biodiversity shall include the following;
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details and phasing agreed, unless otherwise agreed in writing by the local planning authority.
30.
No development shall take place (including demolition, ground works, vegetation clearance) until an ecological design strategy (EDS) addressing, mitigation, compensation, enhancement, restoration has been submitted to and approved in writing by the Local Planning Authority.
The Ecological Design Strategy shall include the following;
· Review of site potential and constraints.
· Detailed design(s) and/or working method(s) to achieve stated objectives.
· Extent and location/area of proposed works on appropriate scale maps and plans.
· Type and source of materials to be used where appropriate, e.g. native species of local provenance.
· Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.
· Persons responsible for implementing the works.
· Details of initial aftercare and long-term maintenance and management.
· Details for monitoring and remedial measures.
· Details for disposal of any wastes arising from works.
The Ecological Design Strategy shall be implemented in accordance with the approved details and phasing and all features shall be retained in that manner thereafter.
32.
The details submitted for condition 1 (reserved matters) above shall include provision of at least 2% of the dwellings to be fully adapted for wheelchair users.
33.
The details submitted for condition 1 (reserved matters) above shall include provision of a district heating or combined heat and power system, with possible connections to existing and allocated development, unless otherwise agreed in writing by the Local Planning Authority.
34.
The sound insulation measures of the dwellings hereby approved (specifically the glazing and ventilation) should ensure that the internal noise levels in habitable rooms do not exceed 35 dB LAeq,16hr during the daytime and 30 dB LAeq,8hr during the daytime. Internal noise levels in bedrooms at night should also not exceed 45 dB LAmax,F.
35.
The CEMP required at condition 25 above shall include an addendum report which provides details of the expected noise levels at existing residential receptors during each phase of the construction process. The significance of the predicted construction noise levels should be assessed against the ABC method detailed within BS 5228-1:2009+A1:2014 “Code of practice for noise and vibration control on construction and open sites – Part 1: Noise”. Where a significant adverse impact is identified, appropriate noise mitigation measures will be detailed within and will be implemented in accordance with the approved CEMP.
Reasons:
1.
The application is in outline only.
2.
The application is in outline only.
3.
This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
4.
This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
5.
For the avoidance of doubt and in the interests of proper planning.
6.
In the interests of highway safety.
7.
In the interests of highway safety and for the benefit and convenience of the public at large.
8.
In the interests of highway safety and to protect neighbouring residential amenities.
9.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
10.
In the interest of highway safety and for this benefit and convenience of the public at large.
11.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
12.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
13.
In order that the development site is accessible by non car modes and to meet the objectives of sustainable development.
14.
In the interests of highway safety.
15.
To prevent increased risk of flooding.
16.
To prevent increased risk of flooding.
17.
To prevent increased risk of flooding.
18.
To prevent increased risk of flooding.
19.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
20.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
21.
To maintain Public Rights of Way.
22.
To maintain Public Rights of Way
23.
In the interests of pedestrian safety.
24.
To ensure a satisfactory form of development in the interests of the character and amenity of the area.
25.
In the interests of the amenity of the neighbouring residential occupiers.
26.
To ensure the development complies with policy SC3 of the Hastings Local Plan: The Hastings Planning Strategy.
27.
To ensure the development complies with policy SC1 of the Hastings Local Plan: The Hastings Planning Strategy.
28.
To protect features of recognised nature conservation importance.
29.
To prevent the spread of invasive non-native species.
30.
To prevent the spread of invasive non-native species.
31.
In the interests of the health of the trees and the visual amenity of the area.
32.
To comply with condition LRA1 of the Hastings Local Plan, Development Management Plan.
33.
To comply with condition LRA1 of the Hastings Local Plan, Development Management Plan.
34.
To protect the amenity of future occupiers.
35.
In the interests of the amenity of the neighbouring residential occupiers.
Notes to the Applicant
1.
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
2.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework.
3.
The developer's attention is drawn to the committee report and the consultation responses received as part of the application. Both include comments which will be necessary to take on board when developing a detailed submission.
4.
Consideration should be given to the provision of a domestic sprinkler system.
5.
This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).
Supporting documents:
- MAP_HS_OA_15_00077_land at Holmhurst St Mary, item 97d PDF 474 KB
- HS-OA-15-00077 Land at and South of Holmhurst St Mary, The Ridge, St Leonards-on-sea, item 97d PDF 186 KB
-
My council
Contact
Got a question about democratic services?
Content
The content on this page is the responsibility of our Democratic Services team.