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Agenda item
8 Amherst Road, Hastings
Minutes:
Proposal:
Approval of all reserved matters relating to the Access, Appearance, Landscaping, Layout and Scale of Outline Permission HS/OA/14/00806 - Erection of three detached dwellings with access.
Application No:
HS/DS/17/00416
Existing Use:
Conservation Area:
Listed Building
Public Consultation
Partially completed dwellinghouses
No
No
15 letters of objection and 1 petition of objection received.
The Principal Planner, Mr Batchelor, presented this report for the approval of all reserved matters relating to the access, appearance, landscaping, layout and scale of outline planning permission HS/OA/14/00806 – Erection of three detached dwellings with access at 8 Amherst Road, Hastings.
This application was deferred from the previous meeting so that theBorough Arboriculturalist could attend and Members could ask questions of the Arboriculturalist.
The site, formerly 8 Amherst Road, was a two-storey detached property which had been demolished since outline planning permission was granted in 2011. The site now contains three partially completed dwellings and includes substantial planting and protected trees around its boundaries. The site measures 0.3 hectares in total.
Outline permission was granted in 2011 (with all details reserved) for the redevelopment of the site for 3 detached dwellings and amendments to existing access. The permission was initially refused but granted on appeal. This permission lapsed but was granted outline consent in 2014 (ref HS/OA/14/00806).
Approval has been given under reference HS/DS/16/00285 for the external appearance, layout and scale of the development with the landscaping being approved under HS/DS/17/00024.
Reserved matters from the outline planning permission had been approved, this reserved matters application was submitted to resolve an issue regarding damage to protected tress that has occurred on the site. Since the last reserved matters were approved, the developer commenced works on the site, damage two protected oak trees (shown to be retained in the previous permissions).
Since the application was submitted, it had been amended to show details of the retaining wall and planting area along the boundary with 14 Amherst Road and a slight amendment to the layout to show the protection of the remaining oak tree to the west of the proposed driveway and adjacent to no. 14 Amherst Road.
The main considerations of this application relate to the layout of the development in relation to plot 3 and protected oaks T1, T2, T3 and the landscaping proposals which include the removal of two of the protected oaks (T2 and T3) and a significant planting scheme. The Principal Planner advised that the tree numbering for the respective trees changed between this application and the previously approved one.
The Principal Planner stated that the relationship between the development and trees had changed, therefore the development was acceptable.
Members were shown plans and photographs of the application site.
Alexandra Hudson, petitioner, urged the committee to reject the application and save the larger of the damaged trees, tree T3. She referred to the comment made by the Tree Officer earlier in July, stating that with pruning and cabling, the tree could be saved. The main issue she said is to avoid severance of the roots. She questioned why the trees had been left for 8 months if they were deemed unsafe, endangering residents who back onto the site. She felt the council should have issued a stop notice and the developer fined £20,000.
Councillor Wincott asked Ms Hudson if the development would be acceptable to her if the tree T3 was saved. She confirmed it would be.
Karl Elliot (agent acting on behalf of the applicant), said it was unfortunate that 2 trees had been damaged during construction. He said his client had paid the consequences and was unable to sell the property and that he had worked tirelessly with both the Planning and Tree Officers to salvage the tree and he would do his best to save it and provide more robust planting.
Councillor Beaver asked Mr Elliot how the trees were damaged given the size of them. Mr Elliot said the trees were incorrectly located on the original application which was approved. Once on site there had been a clash between the development and trees. Councillor Beaver asked Mr Elliot why he did not notice the discrepancy between the location of the trees on site and on the original plan. Mr Elliot acknowledged this oversight.
Mr Wilkin, Borough Arboriculturalist, explained that both oak trees had significant root damage. He said there were ways to retain the trees with root damage by reducing the overall size of the tree; the crown and reducing the stress of the roots that keep the tree upright. Erring on the cautious side, he said his report recommends removing the trees because there are houses within a couple of metres of the tree.
Councillor Street asked Mr Wilkin if tree T3 could be saved. Mr Wilkin said he had spoken with the applicant and tree consultant and agreed how much the tree could be reduced.
Mr Batchelor advised Members how this application could be handled by committee. He suggested two options, the first being that Members could defer the application until revised details had been submitted; the second option is to amend the recommendation so that approval is subject to a specifically worded condition which makes reference to retaining and protecting one of the oak trees.
Councillor Clarke asked if there were any other ways to ensure the safety of the trees. Mr Wilkin said the trees could be braced, but felt the most effective way would be to reduce the crown of the tree.
Councillor Wincott said the height and size of the tree had already been significantly reduced. Councillor Dowling asked if the work was carried out because of damage or undertaken as a prelude to building works. Mr Wilkin explained that under the previous consent, 30% of the tree had already been reduced. The works were not crown reduction, a large branch had been removed in order to implement planning permission. Mr Batchelor added that the works were necessary and appropriate.
Members discussed this item at length and considered the options to protect the tree and potential for further delays if they deferred the application.
Councillor Beaver proposed a motion to approve the application as set out in the resolution below, subject to the amendment to Conditions 1 and 6. This was seconded by Councillor Rogers.
RESOLVED – (Unanimously) grant Approval of Reserved Matters subject to the following conditions:-
1.
The development hereby permitted shall be carried out in accordance with the following approved plans:
22803A_10, 22803A_100 REV. L, 22803A_200 REV. B, 22803A_210 REV. A, 22803A_501 REV. B, 22803A_502 REV. A, 22803A_503 REV. A, 22803A_505, 22803A_5001 REV. A, and 22803A_TG_1.
2.
No development shall take place until the measures outlined in the submitted ecological statements and reports Land at 8 Amherst Road, Hastings, East Sussex: Badgers by Martin Newcombe (dated 03 November 2016 and amended 04 August 2017) 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, further survey work, 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;
3.
Before they are laid samples/details of the permeable block paving and paving slab materials to be used for the hard landscaping hereby permitted shall have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details;
4.
Before they are installed details of the entrance gate and supporting pillars, as shown on drawing no. 22803A_100L, shall have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details;
5.
The area identified as a 'wildlife protection zone', at appendix 5 of the submitted report 'LAND AT 8 AMHERST ROAD, HASTINGS, EAST SUSSEX: BADGERS by Martin Newcombe, dated 03 November 2016 and amended 04 August 2017, shall not form part of the curtilage of the dwellinghouses approved under HS/OA/14/00806 and, notwithstanding the provisions of the The Town and Country Planning (General Permitted Development) (England) Order 2015 or as may be subsequently amended or re-enacted, no development shall take place without the grant of an additional planning permission within the area identified as a 'wildlife protection zone';
6.
(i) 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 indications of all existing trees and hedgerows on the land including details of those to be retained (which shall include retention of oak tree T2 as shown in letter from Connick Tree Care, dated 30 May 2017) 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.
(ii) 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.
7.
Prior to the occupation of the dwellinghouses hereby approved details of a replacement fence along the front (Amherst Road) boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The fence shall be no higher than 1m unless otherwise agreed in writing. The fence shall be installed prior to the occupation of the first unit.
Reasons:
1.
For the avoidance of doubt and in the interests of proper planning;
2.
To protect features of recognised nature conservation importance;
3.
In the interests of the visual amenity of the area;
4.
In the interests of the visual amenity of the area;
5.
To protect features of recognised nature conservation importance;
6.
In the interests of the health of the trees and to protect the visual amenity; and
7.
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.
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
4.
Consideration should be given to the provision of a domestic sprinkler system.
Supporting documents:
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