Land North of The Beacon, St Mary's Terrace, Hastings
Proposed new dwelling on undeveloped site North of The Beacon and construction of 4 parking spaces on St. Mary’s Terrace
Yes - Old Town
12 letters of objection received, 42 letters of support
received and 2 neutral comments received
Having declared her prejudicial interest, Councillor Rogers was absent during discussion and voting of this item.
The Planning Officer, Ms Ranson, presented this report for proposed new dwelling on undeveloped site North of The Beacon and construction of 4 parking spaces on St. Mary’s Terrace, Hastings.
The Planning Officer informed the members of an update to the report:-
· 1 additional letter of support received.
Members were shown plans and photographs of the application site.
The Planning Officer explained the key points of the application:-
· The proposed development is likely to improve stability of the land in front of St. Marys Terrace.
· The proposed parking platform will help to ease shortage of parking along St. Marys Terrace and potentially strengthen the side of the road;
· A grampian planning condition will be used to ensure the access track would be assessed and improved as necessary for this proposal prior to development;
· A traffic construction management plan would be conditioned;
· The proposal is not considered harmful to neighbour amenity;
· The Heritage Officer has commented that the design of the property will enhance the character of the conservation area;
· The proposal will add a unique large family dwelling of good architectural design to Hastings housing stock;
· Submission of “CEMP” Construction Environmental Management Plan would be conditioned to safeguard slow worms identified as present on the site (protected species under the Wildlife & Countryside Act 1981);
· The proposal will enable the applicants to live more locally;
· The design includes solar panels on the southern roof slope towards sustainable development.
· It is considered that the proposed development would not harm the special integrity of the Ashdown Forest, Pevensey Levels and Lewes Downs Special Areas of Conservation.
Councillor Beaver proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Wincott.
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:
BEA029-01A, BEA029-02A, BEA029-03, BEA029-04, BEA029-05, BEA029-06, BEA029-07, BEA029-08,
No part of the development shall be occupied until the car parking spaces have been constructed and provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The area[s] shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles;
Prior to the commencement of development on site, detailed drawings, including levels, sections and constructional details, structural calculations shall be submitted to the Planning Authority and be subject to its approval, in consultation with the ESCC Highway Authority;
Prior to commencement of development an Approval in Principle (AIP) document, produced in accordance with the Design Manual for Roads and Bridges, Volume 1, Section 1, Part 1, BD 2/12, Technical Approval of Highway Structures, relating to the retaining wall shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority. The structure shall then be built in accordance with the approved details, inspected and certificated in accordance with requirements of BD2/12, Technical Approval of Highway Structures and/or the Highway Authority. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission;
No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with approved plans and details. The cycle storage shall thereafter be retained for that use and shall not be used other than for the storage of cycles;
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. 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 routing 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 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.
No part of the development shall be occupied until details have been submitted to and approved in writing by the Local Planning Authority to prevent surface water draining onto the public highway;
No development shall take place above ground until details and samples of the materials (including manufacturers details) to be used in the construction of the external surfaces of the new dwelling hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details;
No development shall take place above ground until details of joinery, including roof-light details, rainwater goods and all vents, flues and other extracts 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. Development shall be carried out in accordance with the approved details;
Prior to commencement of development a scheme of hard and soft landscaping shall be submitted to and approved in writing by the Local Planning Authority, which shall include indications of all existing trees and hedgerows on the land including details of those to be retained. The scheme shall include wildlife enhancement for the proposed development which incorporates wildlife conservation and enhancement measures of the submitted Ecological Scoping Survey by Martin Newcombe dated 27th December 2016 and the Reptile Survey Report by Martin Newcombe dated 12th November 2017. The approved landscaping scheme must be fully implemented within the first planting season following substantial completion of the development;
Before the development hereby approved is occupied provision shall be made for the ability to connect to fibre-based broadband;
(i) Construction of the development shall not commence until details of the proposed means of foul sewerage and surface water disposal and 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 the dwelling hereby approved shall occur until those works have been completed.
(iii) No occupation of any 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.
No development shall take place until investigation and assessment has been undertaken by a suitably qualified professional as to the suitability and stability of the access track leading from Plynlimmon Road to the site, for safe access and egress to and from the site. In the event that the track is found to require remedial work(s) to ensure safe access throughout construction and for future occupants of the site, details of a scheme of improvement works shall be submitted to and approved in writing by the local planning authority. The scheme shall provide for the timing of improvement works in relation to the implementation of the development, and shall be implemented in accordance with this timing prior to commencement of the development;
No development shall take place (including ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
· Risk assessment of potentially damaging construction activities.
· Identification of “biodiversity protection zones”
· Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
· The location and timing of sensitive works to avoid harm to biodiversity features.
· The times during construction when specialist ecologists need to be present on site to oversee works.
· Responsible persons and lines of communication / contact details.
· The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
· Use of protective fences, exclusion barriers and warning signs.
· Provide full details of a scheme for the protection of slow worms.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority;
No development shall take place until temporary protective fences to safeguard the trees and/or hedges to be retained on the site have been erected in accordance with the current BSI 5837 standards to the satisfaction of the Local Planning Authority. All such fences shall be kept in a sound, upright and complete condition until the development has been completed and/or the Local Planning Authority confirm in writing that the works have been sufficiently completed for the fencing to be removed;
The development shall be constructed in accordance with the approved plans and the details and recommendations of the following submitted reports:
· Gabriel Geo-Consulting Ltd ‘Interpretive Report on Ground Investigations (GIR) and Slope Stability Analyses’ (May 2017)
· Addendum to Interpretive Report on Ground Investigations (GIR) and Slope Stability Analyses (January 2018).
Unless otherwise first agreed in writing with the local planning authority;
The 70m3 of excavation beneath the southern part of the house, in addition to the basement of the specified dimensions as shown on the scheme drawings, has been calculated using the estimated weight of the new house provided in order to achieve the required slight unloading; a certified survey by a suitably qualified professional of the sub-floor area before and after excavation to verify that the required volume of excavation has been achieved must be submitted to and approved in writing by the local planning authority prior to construction of the new dwelling above slab level. If the weight of the proposed structure is revised then the required weight/volume of excavation must be accordingly re-calculated, verified and submitted to and approved in writing by the Local Planning Authority prior to final construction of the new dwelling above slab level. Excavated soils must be sustainably disposed off-site;
The design of all retaining walls associated with this scheme shall be checked and approved by a suitably competent engineer to ensure adequate allowance has been made for maintaining the stability of the supported slope. A report of the approved checks from a suitably competent engineer to confirm that adequate allowance has been made must be submitted to the local planning authority;
Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 or as may be subsequently amended or re-enacted no extension to the property or development of ancillary out buildings shall take place without the grant of an additional planning permission.
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 provide car-parking space for the development;
In the interests of highway safety and for the benefit and convenience of the public at large. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission;
In the interests of highway safety and for the benefit and convenience of the public at large;
To provide alternative travel options to the use of the car in accordance with current sustainable transport policies;
In the interests of highway safety and the amenities of the area. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account for the construction of the development and thus go to the heart of the planning permission;
In the interests of road safety;
In the interests of the visual amenity of the area;
In the interests of the visual amenity of the area and to protect the special character of the conservation area;
In the interests of the visual amenity, the protection / enhancement of biodiversity and the prevention of increased flood risk. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission;
In the interest of sustainable development;
To prevent increased risk of flooding. It is considered necessary for this to be a pre-commencement condition as such details need to be taken into account in the construction of the development and thus go to the heart of the planning permission;
To safeguard the amenity of adjoining residents;
In the interests of safe access in accordance with planning policy DM4 of Hastings Development Plan 2015 that states that planning permission will be granted provided that safe access into (and within) the development for all users is provided. It is considered necessary for this to be a pre-commencement condition as the requirement for safe access goes to the heart of the planning permission;
For the protection of endangered species. It is considered necessary for this to be a pre-commencement condition as protection needs to be taken into account throughout the construction phase of the development and thus goes to the heart of the planning permission;
For the protection of trees and biodiversity. It is considered necessary for this to be a pre-commencement condition as protection needs to be taken into account throughout the construction phase of the development and thus goes to the heart of the planning permission;
In the interests of ensuring the stability of the land;
In the interests of ensuring land stability;
In the interests of ensuring land stability; and
To protect stability of the land and the special character of the conservation area.
Notes to the Applicant
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning;
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;
The applicant will be required to enter into a Licence with East Sussex Highways before undertaking any works that affect the highway. The applicant is requested to contact East Sussex Highways on 0345 60 80 193 to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the licence being in place;
The applicant must contact the Structures team at East Sussex Highways on 0345 60 80 193 before commencement of development regarding the required Approval in Principle for the retaining wall;
Throughout the development works, trees on the site must be suitably protected in accordance with BS 5837:2012 'Trees in relation to design, demolition and construction – recommendations;
A formal application for connection to the public sewerage system 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. Please note that SW ask that the detailed design of the drainage scheme take into account the possibility of surcharging within the public sewerage system;
Should Japanese Knotweed be found on site the Local Planning Authority (LPA) must be immediately informed and appropriate measures must be undertaken for its safe eradication to be carried out to the satisfaction of the LPA;
The applicant is advised that regard should be had to paragraph 120 of the National Planning Policy Framework that states:
"To prevent unacceptable risks from pollution and land instability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. Where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner."
Southern Gas Network (SGN) should be contacted direct for information on gas pipes that may possibly be crossing the site. Please contact SGN - Plant Location Team telephone: 0800 912 1722.
Up-to date SGN plans and information booklet "General safety measures to avoid injury and damage to gas plant" are available from SG web-site www.sgn.co.uk or email: email@example.com. Please note that privately owned gas pipes or ones owned by or other GTs may be present in this area and information regarding those pipes needs to be requested from the owners.
https://www.linesearchbeforeudig.co.uk/ is recommended as a helpful web facility for carrying out a line search.
Please note that it is the responsibility of the owner / developer to identify the presence of any underground/aboveground assets in and around your proposed site;
There may be a badger sett close to the site. Badgers are a protected species under the Protection of Badgers Act 1992 and your attention is drawn to your legal responsibility regarding the protection of badgers;
It is recommended that the parking bays shall be constructed as a suspended deck, supported on piled foundations except at the front (eastern) side of the deck, without the addition of any fill material beneath the deck;
The applicant is advised that the assessment and conclusions in respect of the land stability are based on the proposed position of the new dwelling as shown on the drawings hereby approved. Should there be any wish to revise the position of the dwelling in any manner a further planning application will be required, before works are undertaken; and
Waste needs to be presented on St. Mary's Terrace boundary on the day of collection.
- MAP - Land north of The Beacon St Marys Terrace - MAP_HS_FA_17_00849_, item 17a PDF 468 KB
- Land north of, The Beacon, St Mary's Terrace, Hastings - HS-FA-17-00849, item 17a PDF 185 KB