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Agenda and minutes

Venue: Council Chamber, Muriel Matters House, Breeds Place, Hastings, TN34 3UY. Please enter the building via the Tourist Information Centre entrance.

Contact: Democratic Services on 01424 451484  email:  democraticservices@hastings.gov.uk

Items
No. Item

166.

Apologies for Absence

Minutes:

None.

 

167.

Declarations of Interest

Minutes:

Councillor

Item

Interest

Beaver, Scott and Webb

Any items relating to highways

Personal – East Sussex County Councillors

Davies

5a – Fernwood Care Home

Prejudicial – Was a resident of Fern Road until recently and has a predetermined view of the application

Webb

5a – Fernwood Care Home

Personal – Member of East Sussex County Council People Scrutiny Committee

Bishop

5a – Fernwood Care Home

Personal – Knows the petitioner

 

168.

Minutes of previous meeting pdf icon PDF 111 KB

Minutes:

RESOLVED – that the minutes of the meeting held on 16 October 2019 be approved by the Chair as a true record.

 

169.

Notification of any additional urgent items

Minutes:

None.

170.

Planning applications attracting a petition

170a

Fernwood Care Home, 30 Fern Road (HS/FA/19/00266) pdf icon PDF 373 KB

Additional documents:

Minutes:

 

Proposal

Change of use from a C3 residential property to a D1 Non-residential institution, as a day nursery. The proposal includes: Increased widths to the external footpaths and erection of 2m acoustic fence (amended description).

Application No

HS/FA/19/00266

Conservation Area

No

Listed Building

No

Public Consultation

Yes – 29 letters of objection, 49 letters of support and 1 neutral comment received. 1 petition of objection.

 

Councillor Davies left the Chamber for the duration of this item.

The Planning Services Manager presented the application for a change of use from a C3 residential property to a D1 Non-residential institution, as a day nursery. The proposal includes: Increased widths to the external footpaths and erection of 2m acoustic fence (amended description).

The Planning Services Manager informed the Committee that 1 additional letter of support had been received since publication of the report. A copy of the letter was made available to Committee members. The letter raised no new matters that hadn’t already been covered in the planning officer’s report.

Councillors were shown plans, photographs and elevations of the application site together with a plan showing the walking distances to day nurseries in the area.  The Planning Services Manager explained that the main issues to consider were highway safety and noise.  The Parking Survey submitted with the application showed available street parking in the area. ESCC had not objected to the application and had requested use of conditions and informatives. Noise concerns were addressed by the imposition of conditions 11, 12 and 14.

The petitioner, Mr Perry, was present and spoke against the application. Mr Perry said that the objectors are not suggesting that local nursery provision is not important or not needed in the community. The main concern is the poor location. The applicant has ignored the limitations of the property and not engaged with the local community or their direct neighbours. Mr Perry raised concerns with the quality and accuracy of the parking survey. He said there was no designated drop off point and there would be increased congestion.  Mr Perry said he does not believe the property is the best and only option for nursery provision in the area. To agree this application would be to endorse the applicant’s poor judgement rather than ensure that the nursery is sited in a suitable location.

The Committee did not ask Mr Perry any questions.

The applicant’s representative, Mrs Skinner was present and spoke in favour of the application. Mrs Skinner said the nursery was originally located within West St Leonards Primary Academy for twenty years until the requirements of the school changed and the space was no longer available. The nursery wishes to continue providing services to the local community and does not want to relocate to another area. There is a lack of commercial property in the area and that is why this property was settled on. Mrs Skinner said in her experience the majority of families don’t drive to the nursery.

The Committee asked questions of Mrs Skinner.

Councillor Lee,  ...  view the full minutes text for item 170a

171.

Other Planning Applications

Minutes:

The Committee adjourned at 6.55pm and returned at 7.05pm. Councillor Davies returned to the Chamber for the following items.

 

171a

Shop and Premises LHS, Lacuna Place, Havelock Road (HS/FA/19/00814) pdf icon PDF 378 KB

Additional documents:

Minutes:

 

Proposal

The proposal is for the change of use to the vacant ground floor unit of Lacuna Place to a flexible A1, A2, A3, A5, B1, D1, and D2 use.

Application No

HS/FA/19/00814

Conservation Area

Yes - Hastings Town Centre

Listed Building

No

Public Consultation

No – Council application on Council owned land

 

The Planning Services Manager presented the application for change of use to the vacant ground floor unit of Lacuna Place to a flexible A1, A2, A3, A5, B1, D1, and D2 use.

The Planning Services Manager informed the Committee that the unit is vacant and has never been occupied. The floors above are in commercial use. The proposed flexible use would allow the premises to go from one of the identified flexible uses to another without requiring planning permission. The flexibility only applies for a period of ten years. She stated that the application was not considered to harm residential amenities.

Councillors were shown plans, photographs and elevations of the application site.

Councillor Beaver proposed a motion, seconded by Councillor Webb, to grant the application as set out in the resolution below.

RESOLVED – (unanimously) that Full Planning Permission be granted 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:

 

Site location plan, 101 & 201

 

3. The building shall not be occupied or brought into use until details of the sound insulation or odour control system (if required) have been submitted to, and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the details approved and no occupation of any building approved shall occur until those works have been completed. Any sound insulation or odour control system must be maintained according to manufacturer's instructions.

 

Should the use of the premises change from one of the approved flexible uses to another approved flexible use, further details of sound insulation shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of that use. These approved details shall then be implemented prior to the commencement of the proposed flexible use and thereafter maintained to an acceptable standard.

 

4. Any noise and music emanating from the premises or vibration transmitted through the structure of the premises, should not give rise to a nuisance at any noise sensitive premises from opening until close. For the avoidance of doubt, noise shall include that arising from all mechanical or electrical equipment used by the premises and noise arising from customers in the premises.

 

5. Prior to occupation of the first implemented use, opening hours must be submitted to and approved in writing by the Local Planning Authority.

 

Should the use of the premises change from one of the approved flexible uses to another approved flexible use, further details of proposed opening hours shall be submitted to and approved  ...  view the full minutes text for item 171a

171b

Shop and Premises LHS, Lacuna Place, Havelock Road (HS/FA/19/00664) pdf icon PDF 378 KB

Additional documents:

Minutes:

 

Proposal

Removal of hoarding to be replaced with full height glazed panelling to front, side and rear elevations with 1 x glazed bi-parting door to front, 1 x glazed bi-parting door to side and creation of new access door to rear elevation

Application No

HS/FA/19/00664

Conservation Area

Yes - Hastings Town Centre

Listed Building

No

Public Consultation

No – Council application on Council owned land

 

The Planning Services Manager presented the application for removal of hoarding to be replaced with full height glazed panelling to front, side and rear elevations with 1 x glazed bi-parting door to front, 1 x glazed bi-parting door to side and creation of new access door to rear elevation.

Councillors were shown plans, photographs and elevations of the application site.

Councillor Beaver proposed a motion, seconded by Councillor Webb, to grant the application as set out in the resolution below.

 

RESOLVED – (unanimously) that Full Planning Permission be granted 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:

 

101, 102, 103, 201, 202, 203, 301, & 302

 

3. 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.

 

4. Prior to the commencement of development, samples of the proposed materials shall be submitted to the Local Planning Authority for approval. The samples submitted shall clearly show the proposed materials, colours and finishes of the shop front frame, glazing (if this is not clear, uncoloured glass), stall riser (if this is new) and window heads. These samples shall be accompanied by full written details of the relevant materials, finishes and colours. Thereafter, all development shall be carried out in accordance with the approved material samples.

 

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 safeguard the amenity of adjoining residents.

 

4. To ensure that the finished development takes proper account of the character of the surrounding area in its use of external materials in the interests of the amenity of the area.

 

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 paragraph 38 of the National Planning Policy Framework.

 

172.

Planning Appeals and Delegated Decisions pdf icon PDF 58 KB

Minutes:

The report was noted by the Committee.

 


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