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Agenda item
Land North of 14 Fern Road
Minutes:
LAND NORTH OF 14 FERN ROAD
Proposal:
Variation of condition 10 (approved plans) of Planning Permission HS/FA/08/00797 - minor alterations to elevations
Application No:
HS/FA/14/00713
Existing Use:
Vacant Land
Hastings Local Plan 2004
DG1
Conservation Area:
No
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
No Conflict
Development Management Plan
Proposed Submission Version:
DM1 and DM3
Public Consultation:
4 letters of objection received
The Development Manager reported on an application for the variation of condition 10 of Planning Permission HS/FA/08/00797 - 14 x 2 bedroom semi-detached dwellings at Land north of 14 Fern Road, St Leonards on Sea.
The application site lies on the east side of Fern Road and is positioned between numbers 14 and 31 Fern Road. A public footpath crosses the site.
This application follows the approval of application HS/FA/08/00797 for minor alterations to elevations, allowed at appeal on 27th April 2011.
Condition 10 of application HS/FA/08/00797 related to the approved drawings for this scheme. By varying this condition, the applicant sought to replace some of the approved drawings showing changes to the design of the houses. In particular the roof design, the porch roofs and the proposed materials. The dwellings would have more individual character which would be more in keeping with properties in Fern Road.
The Development Manager felt the changes to the proposed dwellings were not significant in that the overall size and height of the buildings would remain the same. He therefore recommended that planning permission be granted subject to conditions.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
Councillor Rogers proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Wincott.
RESOLVED– by (7 votes to 3) that planning permission be granted subject to the following conditions:-
1.
The development hereby permitted shall be begun before the 1st December 2014 in line with the original grant of permission by the Planning Inspectorate on the 1st December 2011;
2.
No Development shall commence until the following details have been submitted to and approved in writing by the Local Planning Authority;
(a) samples of external materials
(b) boundary fences/wall/railing
(c) details of the proposed footpaths to the individual dwellings
(d) finished floor levels of all buildings
The development shall be carried out in accordance with the approved details and the dwellings shall not be occupied until the above works have been completed;
3.
No dwelling shall be occupied until two garage/parking spaces have been provided in accordance with drawing No 08-953/003D from the original grant of permission HS/FA/08/00797. The garages shall be permanently retained for parking and shall not be used for any other purpose;
4.
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.
5.
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for the re-direction of the Designated Public Right of Way (DPROW) through the site. The scheme shall include pedestrian crossing points in Fern Road, and a timetable for implementation. The proposal shall be implemented in accordance with the approved scheme;
6.
No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority;
7.
No dwelling shall be occupied until the measures outlined on submitted drawing No. E4475/SK700F and accompanying document "Land Stability and Drainage Proposals to address Conditions contained in Planning committee Report dated 27th April 2011 in respect of Application No. HS/FA/08/00797 - Fern Road, St Leonards on Sea" by Stephen Wilson Partnership Ltd dated July 2011 have been fully implemented;
8.
No development shall take place 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. Development shall be carried out in accordance with the approved details. The dwellings shall not be occupied until the Local Planning Authority has confirmed in writing that it is satisfied, that the necessary drainage infrastructure capacity is available to adequately service the development;
9.
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for a remediation strategy detailing how such contamination shall be dealt with; and
10.
The development hereby permitted shall be carried out in accordance with the following approved plans: 4647/14/400, 4647/14/401, 4647/14/402, 4647/14/403, 4647/14/404 and 08-953/003D
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
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. (Hastings Local Plan 2004 - Policy DG1);
3.
To ensure a satisfactory form of development in the interests of the character and amenity of the area. (Hastings Local Plan 2004 Policy DG1);
4.
To safeguard the amenity of surrounding residents. (Hastings Local Plan 2004 - Policy DG4);
5.
To ensure a satisfactory form of development in the interests of the character and amenity of the area. (Hastings Local Plan 2004 Policy DG1);
6.
In view of the position of the site in an area of archaeological interest. In accordance with the aims of Policy C6 in the Hastings Local Plan 2004;
7.
To ensure the stability of the site and that construction takes account of the local ground conditions and the sloping nature of the site;
8.
To prevent surface water run-off from the site in the interests of the amenities of the area;
9.
To protect those redeveloping the site and any future occupants from potential landfill gases and soil contamination; and
10.
For the avoidance of doubt and in the interests of proper planning.
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 maximum gradient of the private drive should not exceed 1 in 9;
4.
Surface water must not discharge onto the highway;
5.
It will be necessary to enter in to a Section 38 Agreement for the adoption of the roads and diverted footpath before the works commence;
6.
The Wadhurst clay is of variable permeability, as a result, locations such as this site are prone to the emergence of numerous springs which cause complication during and post development. Groundwater may be encountered during site works, if groundwater is not controlled it may become contaminant. The applicant is advised to conduct a survey identifying and assessing groundwater conditions prior to commencement of development;
7.
Consideration should be given to the provision of a domestic sprinkler system.
Supporting documents:
- Land North of 14 Fern Road, item 48b PDF 68 KB
- MAP - Land North of 14 Fern Road, item 48b PDF 329 KB
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