Land rear of 23 Martineau Lane, Hastings
Erection of a two-storey chalet style detached dwelling
Open green land being used as C3 garden extension.
6 letters of objection received and 1 letter of support
The Planning Services Manager, Mrs Evans, presented this report for the erection of a two-storey chalet style detached dwelling on land to the rear of 23 Martineau Lane.
Number 23 Martineau Lane is a large detached two-storey family dwelling house with a large rear garden. The application site/garden includes greenfield land that is not within the AONB, but it extends up to the boundary line of the AONB. The land level rises from 135.5m at the level of the existing dwelling, to approximately 137m at the area of land for the proposed new dwelling and continues to rise up to the boundary of the AONB and to the hedged ridge at the top of the field behind.
Previously a large agricultural workshop/store stood on part of the site. The workshop/store was demolished in recent years but the footprint of that previous development remains close to Mill Lane.
The detached chalet-style dwelling will be a larger property both in height and footprint than the existing dwelling No.23 and would be situated at a higher level on the upward sloping land at the rear of the existing dwelling.
At ground floor level the new dwelling would provide an ‘L’ shaped open plan living-room/kitchen/family breakfast room; a shower-room and fourth bedroom/study room. At first floor level there will be 3 bedrooms and 2 bathrooms. At lower ground level there will be a built-in garage, small workshop and utility room (the lower ground level would cover a smaller area measuring approximately 85sqm due to being built to the natural slope of the land.
To the front of the dwelling, there would be a hardstanding area for car parking with drive access off Mill Lane. To the rear there would be a large garden area and small patio.
Members were shown plans, photographs and elevations of the application site.
The Planning Services Manager explained that there had been a number of applications for dwellings on the site, some of which had been refused, notably a refusal for a 4 bed dwelling in 2008 and subsequent to that an application for a 3 bed dwelling that was approved in 2009. Condition 15 attached to that permission restricted permitted development rights for extensions and outbuildings. An application was applied to remove that condition which was refused and dismissed at appeal. In dismissing it, the Planning Inspector was concerned about the plot size of that particular application in that any extension might feel crammed in the site and he recommended a condition be attached so that extensions or outbuildings be more carefully considered as part of an application.
She said the dwelling and plot size of the current application is much larger than the previous approval, the dwelling will sit on the site without feeling crammed. Although the dwelling will be closer to the Area of Outstanding Natural Beauty, it was considered it would not harm the character of the area or Area of Outstanding Natural Beauty. The proposed building is not considered to impact unacceptably on the character or views into or from the AONB. A small area of greenfield land would be developed but this is poor grade agricultural land. The benefits of this further encroachment are considered to outweigh the loss of further green land and would not look out of place in this semi-rural location. Soft Landscaping will mitigate and soften relationship with the AONB. She stated that there were no objections from statutory consultees.
Councillor Scott, requested an advisory note be added to any consent to ask for the road to not be further degraded where property is sited.
Councillor Beaver proposed a motion to approve the application as set out in the resolution below with the addition of note 8. This was seconded by Councillor Scott.
RESOLVED – (unanimously) that planning permission be granted subject to the following conditions:-
The development hereby permitted shall be begun before the expiration of three years from the date of this permission;
The development hereby permitted shall be carried out in accordance with the following approved plans:
1634-01C, 1634-02C, 1634-03C, 1634 - J, 1634 -VS.
JPI Survey 07.10.2016
Preliminary Ecological Appraisal prepared by The Mayhew Consultancy Ltd April 2017
Arboricultural Report prepared by The Mayhew Consultancy Ltd April 2017;
Prior to development full details of hard landscape works shall be submitted to and approved in writing by the Local Planning Authority and the works shall be carried out as approved prior to first occupation. Details shall include proposed finished levels; means of boundary enclosure; car parking layouts; vehicle access; hard surfacing materials and waste storage area;
Prior to first occupation of the dwelling hereby approved, there shall be submitted to and approved by the Local Planning Authority (LPA) a scheme of soft landscaping, which shall include all existing trees and hedgerows on the land to be retained, a full planting scheme to include planting on the south-west boundary of the site to soften the buildings appearance to the adjoining countryside and shall incorporate the landscaping suggestions for increasing biodiversity listed in Section 9 of the submitted Mayhews Preliminary Ecological Appraisal (April 2017). The scheme shall be implemented prior to fist occupation or within the first planting season of substantial completion of the development unless otherwise first agreed in writing with the Local Planning Authority;
All planting seeding or turfing comprised in the soft landscaping scheme approved for condition 4 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 substantial completion of the development. 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 variation;
No development shall take place above ground until details of the materials to be used in the construction of the external surfaces of the new dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The details of the materials to be used shall include supporting information to explain how the materials will help to promote sustainable and green design as required by planning policies SC1 and SC3 of Hastings Planning Strategy:
Policy SC1- Overall Strategy for Managing Change in a Sustainable Way
Policy SC3 – Promoting Sustainable and Green Design.
Development shall be carried out in accordance with the approved details;
Throughout the development works recommended measures for protecting biodiversity as listed in Section 8 of the submitted Mayhew Consultancy Ltd Preliminary Ecological Appraisal ( April 2017) must be fully adhered to;
· 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;
(i) Soakage tests must be undertaken by a suitably qualified professional to confirm infiltration rates for the site and a detailed drainage scheme to include a rainwater harvesting system suitable to the infiltration rates of the site must be 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) & (ii) and no occupation of the dwelling hereby approved shall occur until those works have been completed;
(iii) No occupation of the dwelling 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.
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.
The dwelling hereby approved shall not be occupied until such time as it has been connected to the main drainage system and the mains water system to the satisfaction of the Local Planning Authority;
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended or as may be subsequently amended or re-enacted no extension of the property shall take place or out-buildings be erected for the property without the grant of planning permission from the Local Planning Authority;
No development of the dwelling hereby approved shall take place until a scheme for the improvement of the first 5m of Mill Lane to include suitable vision splay at the junction with Martineau Lane has been submitted to and approved in writing by the Local Planning Authority (LPA). Such scheme shall provide for the timing of the improvement works in relation to the implementation of the development, and shall be implemented in accordance with such timing before the dwelling is first occupied. The approved scheme shall be completed accordingly and have been certified in writing as complete by the LPA prior to the occupation of the dwelling hereby approved;
Before the development hereby approved is occupied provision shall be made for the ability to connect to fibre-based broadband; and
Prior to works starting on site the recommended tree protection measures in the submitted Mayhew Consultancy Ltd Arboricultural Report (April 2017) must be fully implemented.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
For the avoidance of doubt and in the interests of proper planning;
To protect the character of the Area of Outstanding Natural Beauty AONB and the amenity of adjoining residents;
In the interests of the visual amenity;
In the interests of the visual amenity;
In the interests of the visual amenity of the area;
In the interest of protecting biodiversity;
To prevent increased risk of flooding;
To safeguard the amenity of adjoining residents;
To ensure a satisfactory form of development in the interests of health and safety and the character and amenity of the area;
To protect the visual amenity of the AONB;
To ensure a satisfactory form of development in the interests of vehicular and pedestrian safety and in compliance with policy DM4 of Hastings Development Management Plan;
In the interest of sustainable development management; the amenity of occupants and to ensure the development complies with policy SC1 part (f) of Hastings Planning Strategy 2011-2028; and
In the interest of protecting biodiversity.
Notes to the Applicant
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;
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning;
A formal application for connection to the public sewerage system and water supply is required in order to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk;
To improve the access from Mill Lane into Martineau Lane a licence will be required to carry out improvements. The applicant will need to Contact East Sussex Highways to apply.
East Sussex County Council, Transport Development Control Team tel. 01273 335443 and information can be found via the following web address: http://www.eastsussex.gov.uk/environment/planning/applications/developmentcontrol/vehiclecrossings.htm
Guidance for construction of private vehicle access onto residential sites is available on East Sussex County Council Highways Authority document HT-407. Works undertaken must not cause damage to the public By-Way;
The Public By-Way along Mill Lane must remain clear and unobstructed at all times both during and after the construction period; and
This site is in a twin bin area so HBC provide bins for waste and recycling. Bins to be presented on the boundary of the public highway for collection on collection day and to be stored on-site at all other times.
The applicant will give serious consideration to the state of repair of Mill Lane throughout the development and where located immediately adjacent to the application site, Mill Lane must be reinstated to its former state before the development commenced, prior to first occupation of the new dwelling.
- MAP_Land Rear 23 Martineau Lane_HS_FA_17_00468, item 10b PDF 284 KB
- Land Rear 23 Martineau Lane, item 10b PDF 141 KB