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Agenda item
Land at Church Street, Hastings
Minutes:
Proposal:
Approval of reserved matters, scale, external appearance of the buildings and the landscaping of the site, following Outline Approval HS/OA/14/00876 – Development of site to provide five dwellings
Application No:
HS/DS/17/00194
Existing Use:
Conservation Area
Listed Building
Public Consultation
Brownfield parcel of land
No
No
319 letters of objection and 1 petition received and
4 letters of support received
The Planning Services Manager, Mrs Evans, presented this report for approval of reserved matters, scale, external appearance of the buildings and the landscaping of the site, following Outline Approval HS/OA/14/00876 – Development of site to provide 5 dwellings. She advised that the ‘background’ of page 4 of the report was slightly incorrect and clarified the details of the application, as above, for the committee.
The site is located to the east of Clifton Road on both sides of Church Street. The surrounding area is predominantly residential with two-storey houses to the north, south and west and one detached property nearby.
Outline planning permission for 5 dwellings was approved in 2014. As part of that assessment, means of access and layout were considered reserving scale, external appearance and landscaping for subsequent consideration as part of a reserved matters application. This application seeks to address the reserved matters (scale, external appearance and landscaping) to enable the development to proceed.
Members were informed of several updates to the report:-
· Since the publication of the Planning Committee Agenda, a late objection from No. 2 Greville Road has raised a concern in relation to the access to the gas box on the side of the property. In response to this, the agent has amended the curtilage of Plot 1 to ensure access is retained. This is secured by condition 7.
· Additional condition 13:
No development shall commence, including demolition, until details regarding the removal of Japanese Knotweed are submitted to and approved in writing by the Local Planning Authority. The details shall include method of removal from ground, removal from site and details of infill. The approved development shall be carried out in accordance with the approved details.
· Additional Informative 7:
It is an offence to plant or cause Japanese knotweed to spread in the wild under the Wildlife and Countryside Act 1981 and all waste containing Japanese knotweed comes under the control of Part II of the Environmental Protection Act 1990.
Members were shown plans, photographs and elevation drawings of the application site.
The Planning Services Manager advised members that the site is brownfield land as the previous housing was demolished. The site drops from north to south by approximately 7 metres. The site is subject to surface water flooding secured by Condition 6 of Outline Consent HS/OA/14/00876. The site is within 250m of a landfill buffer. Although the site is allocated in the Local Plan, the housing allocation is less due to the exclusion of the triangular piece of land from this site, hence 5 dwellings instead of 6. The application is for 5 two-storey dwellings comprising 2 three-bed semi-detached and 3 two-bed detached dwellings. Each property will have 2 parking spaces, providing 10 parking spaces in total. Plots 2 and 3 will have garages. There will be a bin collection point for the residents, which is secured by Condition 8. The layout of the site has been agreed and is acceptable. No existing trees are to be retained. There had been a large number of representations received, some of which raise concerns regarding the sale of the land. The Planning Services Manager stated that the applicant owns all of the land and has filled in Certificate A, this has been checked against Land Registry records. There have been concerns regarding ecology. Ecology has been dealt with under the outline consent and is covered in Conditions 7, 8 and 9 of the outline consent. Concerns have also been raised regarding the quality of the reports and the qualifications of the individual who produced the reports. The Council are satisfied he is qualified to be able to produce a satisfactory report.
Mr Don Wise, petitioner, spoke against the application, he said the whole area of the 38 acre site has a 1,000 year old lease commencing on 17/12/1774. The present actions by the Council are illegal, selling more of this leasehold land freehold for building purposes. He referred to page 8 of the national and local list of planning requirements prepared 27 March 2015, which he said identifies the requirement for ecology information to be produced by a qualified ecologist. He said there had been no correct wildlife ecology survey or full correct report which conforms to British standards. The proposed site holds a very active badger sett which has been in existence for more than 100 years. The valley area he said is teaming with protected species of wildlife, there is clear evidence that over 80 badgers live in the Valley area. Along with bat roosts and newts breed in the pools and migrate to the high levels of the valleys. He requested the application be refused.
Mr Martin Hull, representing the applicant, spoke in support of the application. He stated that planning permission had been granted for the development and this application sought approval for details; appearance, scale and landscaping. Having reviewed the objections raised, he said those who have submitted representations do not appreciate that planning permission has been granted or that the site was allocated for housing. The majority of representations focus on matters of principle, relating to the value of the site’s open space, the effect on badgers and the links to Speckled Wood. The layout and access arrangements for the proposed 5 houses have already been granted planning permission and Policy PCV04 already establishes the residential use of the land as does the outline planning permission. The Planning Services Manager confirmed there had been some concerns regarding the ownership of the land in terms of its historic sale. She said the matter was not relevant to the consideration of this application; however she had checked procedurally whether the application form had been filled in correctly. She said the application form had been filled in correctly by the person who was the applicant and owner of the land. In terms of the use of the land, she said housing on the site had been demolished many years ago and the site is allocated in the local plan as residential. . The Principal Solicitor advised that restrictive covenants were not a material consideration and were a private land matter.
The Planning Services Manager said the badgers would be protected by condition which will be implemented when the land is developed. She said she was satisfied the qualifications of the ecologist were relevant.
Murray Davidson, Environment and Natural Resources Manager said there had been a lot of concern regarding the qualifications of Ark Partnership. He said it is a requirement that most authorities require the Ecologist to be a member of the Chartered Institute. He said he was satisfied they were qualified and were well placed to undertake the work. He said there were no badger setts on the site itself but the badger sett is on adjacent land. The secure close boarded fence has been subject to vandalism and a hole has been cut through so badgers have moved into the site and their behaviour changed. The Police have been involved and are working with HBC and the Ecologist to ensure the badgers are protected. Conditions will ensure the badgers are safeguarded.
Councillor Beaver proposed a motion to approve the application subject to the addition of condition 13 and informative 7, as set out in the resolution below. This was seconded by Councillor Roberts.
RESOLVED - by (8 votes to 1 against) to approve reserved matters subject to the following conditions.
1.
The development hereby permitted shall be carried out in accordance with the time scales as imposed on the outline permission HS/OA/14/00876;
2.
The development hereby permitted, in terms of scale, external appearance of the buildings and the landscaping of the site, shall be carried out in accordance with the following approved plans and details: 1628-00, 1628-01, 1628-02, 1628-03, 1628-04, 1628-05, 1628-06, 1628-07, 1628-08, 1628-09, External Materials Schedule dated March 2017 and SuDSmart Pro Report dated November 2016;
3
The refuse storage units as shown on plan 1628-08 shall be provided on site prior to occupation of the dwellings and retained thereafter;
4.
(i) A phase two assessment including a program of soil gas monitoring at the site in order to determine the presence or absence of any landfill gas migrating to the site is to be undertaken for the presence of contaminants, methane and carbon dioxide in soil shall be submitted to and approved by the Local Planning Authority prior to the commencement of construction works on site. Details of the investigation shall be approved by the Local Planning Authority prior to investigative works commencing. Such investigation and assessment should be carried out by a suitably qualified personnel in accordance with current Government, Environment Agency and British Standard Guidance. Should any significant risks be identified by such an investigation, a remediation scheme including suitable monitoring and verification methodologies shall be agreed in writing by the Local Planning Authority;
(ii) The remediation scheme, as agreed by the Local Planning Authority, shall be fully implemented before the development is first occupied. Any variation to the scheme shall be agreed in writing with the Local Planning Authority in advance of works being undertaken. The remediation scheme is to include considerations and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval;
On completion of the works the developer shall provide written confirmation that all works were completed in accordance with the agreed details;
5.
Prior to commencement of development, a detailed method statement demonstrating how it is proposed to mitigate any adverse impacts on the surrounding area from noise and dust during the development shall be submitted to and approved in writing by the Local Planning Authority. Development shall then be carried out in accordance with the approved method statement unless otherwise approved by the Council;
6.
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.
7.
Prior to commencement of development a plan showing the amendment to the boundary treatment for Plot 1 shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall then be implemented on site in accordance with the approved details;
8.
Prior to commencement of development details of the proposed area for refuse bins awaiting collection shall be submitted to and approved in writing by the Local Planning Authority. This area shall then be provided prior to occupation of the dwellings hereby approved and maintained thereafter;
9.
No development shall take place until there has been submitted to and approved by the Local Planning Authority the finalised scheme of soft landscaping, which shall include indications of any existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development. New soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate together with an implementation programme;
10.
All planting seeding or turfing comprised in the approved soft landscaping scheme 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;
11.
No development above ground shall take place until full details of the finalised hard landscape scheme 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; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg furniture, play equipment, refuse or other storage units, signs lighting etc.); proposed and existing functional services above and below ground (eg drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc); and
12.
13.
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.
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.
No development shall commence, including demolition, until details regarding the removal of Japanese Knotweed are submitted to and approved in writing by the Local Planning Authority. The details shall include method of removal from ground, removal from site and details of infill. The approved development shall be carried out in accordance with the approved details.
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.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
4.
To protect those redeveloping the site and any future occupants from potential landfill gases and soil contamination;
5.
To safeguard the amenity of adjoining and future residents;
6.
To safeguard the amenity of adjoining residents;
7.
To safeguard the amenity of adjoining and future residents;
8.
To ensure a satisfactory standard of development;
9.
In the interests of the visual amenity;
10.
In the interests of the visual amenity;
11.
In the interests of the visual amenity; and
12.
In the interests of the visual amenity.
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.
There may be badgers on the site and your attention is drawn to the provisions of the Badger Protection Act 1992. It is a criminal offence to kill or injure a badger; to damage or obstruct access to its sett; or to disturb a badger when it is occupying a sett;
4.
No site clearance or tree or hedge removal shall be carried out on site between the 1st March and 31st July inclusive in any year, unless otherwise approved in writing by the Local Planning Authority;
5.
The applicant is advised that they must ensure the proposed works, hereby approved, do not contravene laws protecting wildlife including the Countryside and Wildlife Act 1981. Where the applicant is in doubt they should contact Natural England on wildlife@naturalengland.org.uk Telephone 020 802 61089 or Environment and Natural Resources on parks@hastings.gov.uk Telephone 01424 451107 prior to commencement of any works; and
6.
7.
The applicant is advised to contact East Sussex County Council on 01273 482254 to apply for the necessary licence if it is proposed to carry out any road closures, etc during construction.
It is an offence to plant or cause Japanese knotweed to spread in the wild under the Wildlife and Countryside Act 1981 and all waste containing Japanese knotweed comes under the control of Part II of the Environmental Protection Act 1990
Supporting documents:
- MAP_HS_DS_17_00194_Land at Church Street, item 11a PDF 406 KB
- HS-DS-17-00194 Land at Church Street, item 11a PDF 143 KB
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