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Agenda item
35 Tower Road, St. Leonards on Sea
Minutes:
Proposal:
Construction of thirteen apartments comprising 3 x 1, 8 x 2 and 2 x 3 bedrooms.
Application No:
HS/FA/16/00857
Existing Use:
Conservation Area
Listed Building
Public Consultation
Mixed uses including retail, residential, upholstery,
car sales and car repairs
No
No
18 letters of objection and 1 petition and 1 letter of
support received.
The Principal Planner, Mr Batchelor, presented this report for construction of thirteen units as a mix of 3x1, 8x2 and 2x3 bedrooms and 13 undercroft parking spaces (two of which are disabled parking bays).
Members were informed of an update to the report:-
· Since the publication of the Planning Committee Agenda, an additional representation has been submitted. The representation makes comments on the committee report.
Members were shown plans, photographs and elevation drawings of the application site.
The Principal Planner reminded members that a former application was submitted in 2015 under planning application reference HS/FA/14/00968, for the construction of fourteen apartments comprising 5 x 1, 6 x 2 and 3 x 3 bedrooms. The application was withdrawn on 26th July 2016 due to concerns raised about parking. The redevelopment of the site was supported in principle and the applicant was given advice in respect of parking, design and affordable housing before submitting a further application. The changes to the application include:
· Removal of one residential unit from the ground floor to allow for revised parking, refuse storage and cycle storage.
· The lowering of the proposed building by 1m (compared with the previous application).
· Changes to the layout of some flats.
· The reduction in the size of the building adjacent to 30 St. Peters Road.
· Various elevational changes including the substitution of the mostly rendered façade for a buff white-grey brick.
William Third, petitioner, spoke against the application, he raised concern regarding the forced eviction of the businesses and referred to Policy E1 regarding retention of Employment land. He said that the development of 13 flats will cause loss of amenity, increased number of vehicles, pollution and parking problems over an already stressed area. He said the overall appearance is incompatible with a Victorian terrace and felt that the affordable housing will have a negative impact. He stated that surface water flooding is a regular occurrence and he raised further concern regarding noise and disturbance and congregating youths. He recommended that planning permission be refused.
Mr Third said he would welcome alternative development on site; however the site behind needs light and ventilation.
Jacob Chadwick, the project architect and agent for the application, spoke in support of the application. He said they had addressed the effect of the proposals on Cornfield Terrace following the deferred application. He said he had met with local residents since the application was passed and changed the scheme by lowering the building by 1 metre, amending the garden wall and widening the pavement. The scheme offers 15 parking bays for 13 units, an increase of 3 bays. The site is set back x 2½ times. Having reviewed the scheme he said it makes positive impact.
Mr Chadwick said they undertook a site visit following the last meeting. He met two of the applicants (not residents); he was taken into No. 30 and took photos from their property. He said a lot of changes came out of the meeting.
Mr Chadwick said his consultant had looked into the drainage issues. The report he had done was very thorough to identify possible risks. He said that an intensive investigation will be undertaken later. He said they may need to divert a public sewer and that there is a statutory instrument that allows this to be done.
The Principal Planner addressed the issues raised by the petitioner, he said it was not a planning process to protect the business; it is whether the use is viable. An employment case would not be sustainable. Off-street parking needs to be balanced with other issues. Underground parking would cause no harm as the area is busy. Air pollution matters are considered by Sussex Wide Guidance. No objection was received from Environmental Health. The building is not significant enough to warrant protection. Gates near the underground parking would detract from the design of the building and shutters will attract graffiti. Passive surveillance operates in the area. The applicant has done a desk top drainage study; details will be required by HBC and the local water authority for checking. The proposal has been conditioned within daylight guidance. . The applicant has indicated up to 100% affordable housing. We agreed to 20% affordable housing for 13 flats.
The Principal Planner said Condition 6 covers planting; there will be areas of planting near Tower Road and at the rear of the site. The green roof won’t be seen from street level. There will be a mixture of materials, form and texture. Everything seen as white should be rendered. The building should have modern interpretation. The Principal Planner confirmed that no development can commence until the relevant pre-commencement conditions are approved, including drainage. If they can’t be approved the redevelopment won’t stay as it is.
During discussion, Councillor Scott recommended a note to the applicant regarding the inclusion of a domestic sprinkler system.
Councillor Scott proposed a motion to approve the application as set out in the resolution below with the inclusion of note 6. This was seconded by Councillor Beaver.
RESOLVED – by (9 votes to 1 against) that the Planning Services Manager be authorised to issue planning permission upon completion of a S106 Agreement to secure affordable housing, unless it has been conclusively shown that the development would not be viable and it would still be acceptable in planning terms with a reduced provision or without the affordable housing. In the event that the Agreement is not completed or the viability issue not resolved by 24 November 2017 that permission be refused on the grounds that the application does not comply with Policy H3 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 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.
Grant Full Planning Permission subject to the following conditions:
1.
The development hereby permitted shall be begun before the expiration of three years from the date of this permission;
2.
The development hereby permitted shall be carried out in accordance with the following approved plans:
9729/00, 2A, 03I, 04E, 06D, 07F, 08B and 09
3.
No development shall take place above ground until sample of the materials to be used and details of their location in the construction of the external surfaces of the flats hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Notwithstanding that shown on the approved drawings a sample of render shall be submitted in place the white-grey buff brick. Development shall be carried out in accordance with the approved details;
4.
No development above ground shall take place until full details of the hard landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; hard surfacing materials; and connection to surface water drainage;
5.
All hard 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;
6.
All planting, seeding or turfing for the approved garden and planting areas, as shown on drawing no.9729/03l, shall be carried out prior to the occupation of any part of the development, or with the written agreement of the Local Planning Authority, in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation;
7.
Before they are installed details of the balcony and roof terrace balustrades shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details;
8.
Before the development hereby approved is commenced details of appropriate climate change mitigation and adaptation measures as required by policy SC3 and in accordance with the hierarchy of policy SC4 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details;
9.
Before the development hereby approved is occupied provision shall be made for the ability to connect to fibre-based broadband;
10.
Prior to the commencement of development, including any demolition, a Traffic Management Scheme shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. This shall include the size of vehicles, routing of vehicles and hours of operation. Given the restrictions of the access and/or the approach road the hours of delivery/collection should avoid peak flow times and the size of vehicles should be restricted. The development shall be carried out in accordance with the approved scheme;
11.
With the exception of internal works the building works required to carry out the development allowed by this permission must only be carried out within the following times:-
08.00 - 18.00 Monday to Friday
08.00 - 13.00 on Saturdays
No working on Sundays or Public Holidays.
12.
The new accesses shall be in the positions shown on the approved drawing no. 9729/03l and laid out and constructed in accordance with the attached HT407 form/diagram and all works undertaken shall be executed and completed by the applicant to the satisfaction of the Local Planning Authority prior to occupation of the development hereby permitted;
13.
The development shall not be occupied until the parking areas have been provided in accordance the approved drawing no. 9729/03I. The areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles. The parking areas shall also remain unallocated;
14.
The building shall not be occupied until the existing accesses shown on submitted drawing no. 9729/03I have been stopped up and the kerb and footway reinstated in accordance with details to be to submitted to and approved in writing by the Local Planning Authority;
15.
Prior to any form of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment should be provided within the site, to the approval of the Local Planning Authority, to prevent contamination and damage to the adjacent roads. The development shall be carried out in accordance with the approved details;
16.
(i) Construction of the development, including demolition, 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; and
(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.
17.
The details required by condition 16 above shall include measures which will be undertaken to divert/protect the public sewers and water mains;
18.
The details required by condition 16 above shall:
· be based on the principle of surface water management outlined on Monson's drawing no. 8282K-01A included in their document 'Drainage strategy & sustainable drainage, management and maintenance plan', dated 01 March 2017 (Issue A);
· ensure surface water runoff from the proposed development should be limited to 3.5 l/s for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability of occurrence;
· evidence the runoff rates in the form of hydraulic calculations on the detailed drainage drawings; and
· ensure that the hydraulic calculations take into account the connectivity of the different surface water drainage features.
19.
Prior to the commencement of development details of flood resilient measures to the ground floor shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved measures;
20.
Prior to the commencement of development a maintenance and management plan for the entire drainage system should be submitted to and approved in writing by the Local Planning Authority. The plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains, and evidence should be provided that these plans will remain in place in perpetuity;
21.
All windows shown on the approved drawings as obscure glazed shall remain obscure glazed and non-opening at all times;
22.
No development, including demolition, shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. A written record of any archaeological works undertaken shall be submitted to the Local Planning Authority within 3 months of the completion of any archaeological investigation unless an alternative timescale for submission of the report is first agreed in writing with the Local Planning Authority;
23.
i) Prior to the commencement of development, including any demolition, a detailed Phase 2 (intrusive) contaminated land report shall be submitted to and approved in writing by the Local Planning Authority. The report should follow the recommendations listed in the Phase 1 Desk Study and Reconnaissance Report by Leap Environmental Ltd (Ref LP1171, dated 25 May 2016);
ii) Should any contaminant pathways be identified in the Phase 2 report, prior to the commencement of development, a Phase 3 (remediation) report shall be submitted to and approved in writing by the Local Planning Authority;
iii) The development shall be carried out in accordance with any approved remediation and mitigation of the phase 3 report; and
iv) Prior to the occupation of the development a verification report must be submitted to and approved in writing by the Local Planning Authority. The verification report shall include photographs of the works undertaken and demonstrate that the works have been carried out satisfactorily and the remediation targets have been achieved.
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
For the avoidance of doubt and in the interests of proper planning;
3.
In the interests of the visual amenity of the area;
4.
To ensure a satisfactory form of development in the interests of the visual amenity;
5.
To ensure a satisfactory form of development in the interests of the visual amenity;
6.
To ensure a satisfactory form of development in the interests of the visual amenity;
7.
In the interests of the visual amenity of the area;
8.
To ensure the development complies with policy SC3 of the Hastings Local Plan: The Hastings Planning Strategy;
9.
To ensure the development complies with policy SC1 of the Hastings Local Plan: The Hastings Planning Strategy;
10.
In the interests of vehicular and pedestrian safety;
11.
To safeguard the amenity of adjoining residents;
12.
In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
13.
In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
14.
In the interests of the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
15.
In the interests of highway safety and for the benefit and convenience of the public at large;
16.
To prevent increased risk of flooding;
17.
To prevent increased risk of flooding;
18.
To prevent increased risk of flooding;
19.
To prevent increased risk of flooding;
20.
To prevent increased risk of flooding;
21.
In the interests of the amenity of the neighbouring residential occupiers;
22.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework; and
23.
To protect those redeveloping the site and any future occupants from potential landfill gases and soil contamination.
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.
This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended);
4.
A formal application for connection to the public foul sewerage system is required in order to service this development and should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any further works commence on site. For more advice or to make the application for connection please contact Southern Water: Developer Services, Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW. Tel: 0330 303 0119. E-mail: developerservices@southernwater.co.uk;
5.
6.
The applicant is encouraged to help the existing businesses on site relocate to alternative premises; and
Consideration should be given to the provision of a domestic sprinkler system.
Supporting documents:
- MAP_35 Tower Road, St. Leonards on Sea, item 178a PDF 482 KB
- HS_FA_16_00857 35 Tower Road, St. Leonards on Sea, item 178a PDF 167 KB
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