Former Ore Business Park, Farley Bank, Hastings
Variation of conditions 2 (approved drawings), 4 (soft landscaping), 6 (hard landscaping) and 7 (provision of drainage facilities) of planning application HS/FA/13/00177 - Amendments to allow for development phasing.
7 letters of objection received
The Planning Services Manager, Mrs Evans, presented this report for the variation of conditions 2 (approved drawings), 4 (soft landscaping), 6 (hard landscaping) and 7 (provision of drainage facilities) of planning application HS/FA/13/00177 - Amendments to allow for development phasing at Former Ore Business Park, Farley Bank, Hastings.
The site comprises a steeply sloping area of land served by an access road from Farley Bank to Hurrell Road where there are residential properties. To the south-west at the upper level is an area where residential flats have been demolished. The site was previously occupied by single storey industrial units, which have since been demolished.
Planning consent HS/FA/13/00177 was granted for the erection of 19 dwellings at Ore Business Park. Phase 1 of the approved application (Units 11-19) has been completed, approximately 7 of the 9 units are occupied, and this is contrary to the provisions contained within the conditions and S106 of the extant planning consent.
Phase 2 of the development involves the erection of 10 dwellings fronting Farley Bank (units 1 to 10); the landscaping of the site, and the construction of the play area close to unit 1. The applicant has sought to commence works to the remaining units 1-10. Occupation of Phase 1 houses, prior to the completion of Phase 2, requires the amendment of conditions: 4, 6 and 7 (ii and iii) to allow temporary access to the site from Hurrell Road and a new S106 Agreement to provide an open space and play area prior to the occupation of units 1-10. To date, details have not yet been provided by the applicant to confirm the build timetable or when the temporary access will be closed off. The basic structure of the new internal road is in place within the second phase of the site but not yet finished to a standard usable by domestic traffic. Funding for Phase 2 is dependent on the pre-sale of the 9 houses in Phase 1 (units 11 to 19) and agreement from the funding sources once the necessary amendments to the consent have been secured. Residents of Hurrell Road have complained that they have experienced disruption during the construction phase of the project.
The landscaping and play area will be provided later in the development programme when the last 10 houses have been constructed. This is because construction traffic could harm any landscaping and make use of the play area unsafe. Similarly, whilst drainage is being provided for the site in accordance with details already approved by the Planning Authority, the entire drainage system for the whole site is not yet in place (as work on phase 2 has not yet commenced).
The Planning Services Manager informed the members of several updates to the report:-
· Condition 6 - Amended:
Before ‘phase 2’ of the development hereby approved is commenced, details of the construction of the new estate road, which shall be designed and constructed in accordance with the Local Highway Authority's standards, including traffic calming measures and provision of a cycle route, 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.
Reason : To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety.
· Informative Note No. 5 - Added:
The applicant is advised that whilst some details have been submitted and approved in respect of condition 6, planning application HS/CD/17/00836 also seeks to discharge condition 11 (estate road details) of planning permission HS/FA/13/00177 (the original consent) and is yet to be determined.
Members were shown plans and photographs of the application site.
The Planning Services Manager explained that certain pre-commencement conditions were meant to be discharged before the units were capable of being occupied. This had not happened, so conditions 4, 6 and 7 require amendment to allow the phasing of the development. The developer came up against some financial issues and therefore needs to sell some of the units to enable the developers to commence the build. Once the development has been completed bollards will be erected to control residents’ access on the site and construction traffic. She said the Highways Authority had been consulted and did not object to this application.
Councillor Charman, Ward Councillor for Tressell, spoke in objection to the application. She said the original application received no objections because the access was via Farley Bank. The developer needs to put in place proper access at Farley Bank and manage it with a proper local traffic management plan to ensure the rest of the site can be developed safety. The residents do not want access through Broomgrove Road or Hurrell Road. She questioned whether the properties should be occupied as there is no permitted access to site. The developer, she said, has not complied with many elements throughout the planning application and there has been much enforcement, this is a problem of their own making and this application should be refused.
The Planning Services Manager referred to the officer’s report, (c) Impact on neighbouring residential amenities, on page 85. She said the report should have read. ‘Provision will be made within the s106 agreement..’….instead of ‘Provision is made within the S106 agreement…’ She said there were many concerns about the way in which developerhad commenced work and, as a consequence, several enforcement notices had been served in respect of various breaches of conditions. She said they cannot force the developer to apply to the highway authority for the road to be adopted, but can require via this application and the original application, for the road to be built to adoptable standards. With approval from the Highway Authority, the condition can be discharged soon.
Members discussed this application in detail and whether it was possible for all traffic (residents and construction) to access the site via Farley Bank.
Having listened to comments from members, Councillor Street suggested the application be deferred to obtain advice from the Highway Authority regarding blocking access at Hurrell Road now and for both construction and residential vehicular access to be via Farley Bank.
Councillor Clarke proposed a motion to defer the application to a subsequent Planning Committee meeting following receipt of advice from the Highway Authority. This was seconded by Councillor Rogers.
RESOLVED – by (by 9 votes to 1 against) that the application be deferred to a subsequent Planning Committee meeting following receipt of advice from the Highway Authority.
- MAP - Former Ore Business Park, Farley Bank, Hastings, item 11a PDF 385 KB
- Former Ore Business Park, Farley Bank, Hastings, item 11a PDF 134 KB