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Agenda item
The Kings Head Inn, 61 Rye Road, Hastings
Minutes:
Proposal:
Demolition & redevelopment site with 12 x 2/3 bedroom units/flats.
Application No:
HS/FA/17/00168
Existing Use:
Conservation Area:
Listed Building
Public Consultation
Vacant public house and car park
No
No
1 petition and 1 letter of support received
The Planning Services Manager, Mrs Evans, presented this report for the demolition and redevelopment of site with 12 x 2/3 bedroom units/flats at The Kings Head Inn, 61 Rye Road, Hastings.
The site is a vacant public house positioned to the north-east of a large car park, also within the site. It is proposed to demolish the existing public house and redevelop the site with 12 flats comprising 10x2 bedroom units and 2x3 bedroom units. The building will be two storeys in height comprising a mainly hipped roof with small gable frontages. It will be constructed from stock brick work with a part render finish. The proposed block of flats will be positioned in a similar location to the existing public house with the car parking area to the south west of the site. A refuse and recycling storage area is located at the front of the site within the car parking area (15 spaces). The 3 ground floor flats will each have a rear garden and landscaping to the front of the development will be provided. No cycle spaces are proposed. The site will be accessed by the existing access point.
The area is predominantly residential but also includes Hastings Academy to the north-east.
Members were informed of several updates to the report:-
• Revised elevations submitted to show change in site levels at front of scheme - Plan numbers (condition 2) to be amended: SD-555-06C
• Para 5 o) of the report refers to attenuation tanks under the car parking area and the rear garden areas. This plan to which that relates has however been superseded and the drainage plan reverts to that shown within the Drainage Strategy & Sustainable Drainage Management and Maintenance Plan produced by Monson
Members were shown plans and photographs of the application site.
Mr Ingleton, petitioner, spoke against the application. He said the development was governed by the Hastings Local Plan; Policy H1 = 30 dwellings per hectare across the town. He said that Hastings has double the average number of flats. Policy H2 states that Hastings needs large homes. Policy DM3 states 2 or more bedrooms. All of the flats should have 10 metre gardens. Mr Ingleton said it was a Heritage Asset. He said the development will not be sympathetic to the area, it is too dense and is opposed by the local community.
Councillor Street asked Mr Ingleton why nobody in the local community had signed the petition Mr Ingleton said it is only necessary for people who live in Hastings to sign. Councillor Street referred to the petition opposing the previous withdrawn application which a large number of local residents had signed.
Steve Durhun, applicant, was present and spoke in support of the application. He said he had worked comprehensively with the Planning Department. 3D models to support the scheme were shown in the case officers presentation. Mr Durhun said whilst there was no public consultation as they had communicated directly with the Council. They felt the design worked with the community.
The Planning Services Manager confirmed that Policy H1 = development of at least 40 dwellings per hectare would be applicable. She said the site is outside a busy shop opposite a school in a sustainable location. There are three rear gardens for three flats on the ground floor. Some flats have balconies, the dwellings either side have rear gardens. The site is not heritage site and is not locally listed. She said they like to encourage pre-application consultation with public, but it is not required for development of this scale. The applicant chose not to do it, but through discussion with the applicant they significantly reduced the bulk of the building and design.
Councillor Street asked that the applicant keeps the name ‘The Kings Head’.
Councillor Edwards proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Rogers.
RESOLVED – (unanimously) that:
A) That planning permission be issued upon completion of an agreement under S106 of the Town and Country Planning Act to secure affordable housing unless it has been conclusively shown that the development would not be viable if a payment were made. In the event that the Agreement is not completed or the viability issue not resolved by 1 May 2018 that permission be refused on the grounds that the application does not comply with Policy H3 of the adopted Hastings Planning Strategy 2014 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 A) above
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:
SD/555/03 - SD/555/04A - SD/555/05A - SD/555/06B - SD/555/07A - SD/555/08A - SD/555/09A
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.
(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 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.
5.
Surface water runoff from the proposed development shall be limited to 2.5l/s for all rainfall events including those with a 1 in 100 (plus climate change) annual probability of occurrence. Evidence of this (in the form of hydraulic calculations) should be submitted and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority. Hydraulic calculations should take into account the connectivity of the different surface water drainage features;
6.
A site investigation which incorporates infiltration testing in accordance with the BRE365 and groundwater monitoring between autumn and spring should be carried out prior to the design of the detailed drainage design. Evidence of this should be submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority.
a) If infiltration is found to be unfeasible, the permeable pavement should connect to the proposed pipe network on site.
The design should leave at least 1m unsaturated zone between the base of the permeable pavement and sealed storage tank, and highest recorded groundwater level. If this cannot be achieved, details of measures to be taken to manage the impacts of high groundwater on the drainage system shall be provided. In addition, evidence of how impacts of high groundwater n the structural integrity of the tank will be managed shall also be provided;
7.
A maintenance and management plan for the entire drainage system shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Lead Local Flood Authority prior to the commencement of development. The Plan shall clearly identify responsibilities for managing all aspects of the surface water drainage system and provide evidence that these responsibility arrangements will remain in place throughout the lifetime of the development.
All works shall be undertaken and maintained thereafter in accordance with the approved details;
8.
The car parking spaces shown on the approved plan shall be provided prior to the occupation of the development hereby permitted and thereafter shall not be used for any purpose other than the parking of vehicles;
9.
No development shall take place, including any ground works or works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority. Thereafter, the approved plan shall be implemented and adhered to in full throughout the entire construction period. The Plan shall provide details as appropriate, but not be restricted to the following matters:
· the anticipated number, frequency and types of vehicles used during construction;
· the method of access and egress and routeing of vehicles during construction;
· the parking of vehicles by site operatives and visitors;
· the loading and unloading of plant, materials and waste;
· the storage of plant and materials used in the construction of the development;
· the erection and maintenance of security hoarding;
· the provision and utilisation of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders) details of public engagement both prior to, and during construction works.
10.
The vehicle turning space shown on the approved plan shall be constructed and provided prior to the occupation of the development hereby permitted and thereafter shall not be used for any purpose;
11.
No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The spaces shall thereafter be retained for that use and shall not be used other than for the parking of cycles;
12.
No part of the development shall be occupied until such time as the vehicular access has been reconstructed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The reconstruction shall include upgrading of the kerb to make it flush with carriageway to ensure that the footway is not overrun;
13.
No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of soft landscaping, which shall include a scheme for replanting. 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;
14.
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;
15.
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; car parking layouts; refuse storage, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg furniture, play equipment, storage units, signs lighting etc.), where relevant. The refuse storage area shall be enclosed with a brick wall surround of sufficient height to provide a visual screen between the storage area and the surrounding locality;
16.
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;
17.
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;
18.
Before the development hereby approved is occupied, provision shall be made for the ability to connect to fibre-based broadband;
19.
No development shall take place until the measures outlined in the submitted ecological statements and reports have been fully implemented, unless:
(i) the programme for such measures is otherwise specified within that document (for example with regard to measures related to monitoring, the erection of bird boxes on buildings or other conservation enhancements), in which case the works shall be carried out in accordance with the timescales contained therein or;
(ii) unless the scheme(s), or programme(s) of measures contained within the ecological statements and reports is otherwise first varied, by way of prior written approval from the Local Planning Authority.
The submitted ecological statements and reports referred to are:
· Arboricultural Report (The Mayhew Consultancy Ltd, August 2016)
Preliminary Ecological Assessment, August 2016)
20.
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;
21.
Windows in the upper floor north east side elevation shall be obscure glazed with obscure glass to a minimum level of obscurity equivalent to Pilkington Texture Glass Level 3, or similar equivalent and be permanently fixed shut and non-opening below 1.7 metres from finished floor level. The flats hereby approved shall not be occupied until the obscure glass is installed, and once installed, the windows shall be permanently maintained in that condition; and
22.
No development shall take place above ground until details of the materials to be used 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. 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 safeguard the amenity of adjoining and future residents;
4.
To prevent increased risk of flooding;
5.
To prevent increased risk of flooding;
6.
To prevent increased risk of flooding;
7.
To prevent increased risk of flooding;
8.
To ensure a satisfactory form of development that provides adequate car-parking spaces;
9.
In the interests of highway safety and the amenities of the area;
10.
In the interests of road safety;
11.
To provide alternative travel options to the use of the car in accordance with current sustainable transport policies;
12.
In the interests of road safety;
13.
To ensure a satisfactory standard of development in the interests of the character and amenity of the area;
14.
To ensure a satisfactory standard of development in the interests of the character and amenity of the area;
15.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
16.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
17.
To ensure the development complies with Policy SC3 of the Hastings Planning Strategy 2014;
18.
To ensure the development complies with Policy SC1 of the Hastings Planning Strategy 2014;
19.
To protect features of recognised nature conservation importance;
20.
To prevent the further spread of Japanese knotweed and to comply with Wildlife and Countryside Act 1981 and Part II of the Environmental Protection Act 1990;
21.
To safeguard the amenity of adjoining and future residents; and
22.
In the interests of the visual 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 paragraphs 186 and 187 of the National Planning Policy Framework;
3.
Consideration should be given to the provision of a domestic sprinkler system;
4.
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;
5.
A formal application for connection to the public foul sewerage system is required in order to service this development, 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;
6.
This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended);
7.
The applicant is advised that they will need to apply for a licence to reconstruct the access as required by condition. The applicant should contact East Sussex County Council on 01273 482254 to apply for a licence to ensure the construction is to an acceptable standard;
8.
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;
9.
The Council will require the applicant to provided 1 x 1280 litre metal bulk bin for waste containment and capacity. Hastings Borough Council will provide 1 x 1280 metal green bulk bin for mixed recycling and 2 x 240 wheeled bins for the glass collection, to be sited in the bin store area. The bin store floor will need to be even and unobstructed for the bulk bins to be moved to the collecting truck on the road;
10.
The applicant is advised that the cycle store, required by condition 11, should not be placed to the front of the building in order to ensure the landscaping remains as shown and to secure a well planned development;
11.
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 the potential means of access, and these details provided to Southern Water before any further development takes place;
12.
All existing infrastructure, including protective coatings and cathodic protection, should be protected during the course of construction works. No excavation, mounding or tree planting should be carried out within 3 metres of the public water main without consent from Southern Water. For further advice, the applicant is advised to contact Southern Water, Southern House Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk;
13.
The applicant is advised that landscaping details required by condition 13, should include the planting of trees along the rear boundary.
Supporting documents:
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