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Agenda item
Former Ore Business Park, Farley Bank, Hastings
Minutes:
Proposal:
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
Application No:
HS/FA/17/00798
Conservation Area:
Listed Building
Public Consultation
No
No
8 letters of objection received.
The Planning Services Manager, Mrs Evans, presented this application 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 Planning Services Manager explained that this application was deferred at the previous Planning Committee meeting held on 7th February 2018 to seek comments from East Sussex County Council Highways Officers regarding their views on dual use of vehicular access from Farley Bank and to erect bollards at Hurrell Road to allow pedestrian and cycle access. Following deferment, she explained the Highways Officer did not make any further comment because it is an unadopted private road.
Members were informed of several updates to the report:-
Objection.
· 2 additional objections from a resident on Hurrell Road and one on Broomgrove Road. Both raised concerns to the condition of Hurrell Road and who would pay for the repair of this. Unacceptable use of the road.
Members were shown plans and photographs of the application site.
The applicant submitted a Transport Technical Note prepared by Reeves Transport Planning and a letter from their appointer contractor Natterjack Construction which set out the Contractor’s Constraints:
· Building sites are dangerous, secured fencing for segregation required.
· There is no scope to create a temporary road for phase 1 residents.
· Cars not insured if parked or drive into the site.
· No one other than site workers with full safety inductions and wearing helmets, high viz jackets and safety boots will be allowed onto site during construction.
· Everyone on site will be required to sign/comply with CDM regulations.
· The road itself will be impassable for non-construction vehicles.
· Prosecution for contractors if HS not complied with.
· Phase 2 or the construction cannot be undertaken without segregation.
· Highways technical note – additional car movements limited to 25 a day
· Commercial and operational imperative to complete scheme.
Councillor Wincott proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Rogers.
RESOLVED – (by 8 votes to 1 against) that the Planning Services Manager be authorised to issue planning permission upon completion of a S106 Agreement to secure a play area and open space. In the event that the Agreement is not completed by 1st July 2018 that permission be refused on the grounds that the application does not comply with policies DM1, DM3, DM4 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 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.
All planting seeding or turfing comprised in the approved soft landscaping scheme, approved under planning permission HS/CD/16/00507 updated HS/CD/17/00836, shall be carried out in the first planting and seeding seasons following the completion of the development. “Completion of the development” is defined as the first sale or occupation of any unit within units 1 to 10 of the approved scheme. 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;
2.
All hard landscape works shall be carried out in accordance with the approved details, approved under planning permission HS/CD/16/00507 updated HS/CD/17/00836. The works shall be carried out prior to the first sale or occupation of any unit within units 1 to 10 of the approved scheme;
3.
(i) Development of units 1 to 10 shall be carried out in accordance with the details approved under local planning authority reference HS/CD/16/00670 foul sewerage and surface water and no occupation of units 1 to 10 shall occur until those works have been completed.
(ii) No occupation of units 1 to 10 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;
4.
Temporary protective fences to safeguard the trees and/or hedges to be retained on the site for Phase 2 works have been erected in accordance with the current BSI 5837 standards and 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;
5.
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.
6.
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;
7.
The development will be carried out in accordance with the approved Traffic Management Scheme, approved under planning permission HS/CD/16/00900;
8.
During any form of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment should be provided within the site, to the approval of the Local Planning Authority, to prevent contamination and damage to the adjacent roads. The development shall be carried out in accordance with the details approved under planning permission HS/CD/16/00900;
9.
Development shall be carried out in accordance with the approved external building surface details, approved under planning permission HS/CD/17/00155 and HS/CD/15/00887;
10.
The parking and garden areas for each plot shall be provided in accordance with the approved plans, approved under planning permission HS/CD/16/00507;
11.
The Public Right of Way (Hastings 251) shall remain clear and unobstructed at all times during construction of the development, unless otherwise approved in writing by the Local Planning Authority;
12.
Any damage caused to the Public Right of Way referenced in condition 11 above as a result of any construction of the site shall be put right and all Rights of Way markings and furniture shall be retained during construction unless otherwise approved in writing by the Local Planning Authority;
13.
No materials shall be stored on the land forming the Public Right Of way referenced in condition 11 above unless otherwise approved in writing by the Local Planning Authority;
14.
Before 7th April 2018 a survey shall be undertaken by an independent surveyor and submitted to the Local Planning Authority. The survey shall include details of the existing standard of Hurrell Road including photographic evidence. Once the construction works are complete and prior to the occupation of the second phase of the approved residential dwellings a further survey shall be undertaken by an independent surveyor. The survey shall include details of the standard of Hurrell Road as of the date of the second survey and include photographic evidence. Where the second survey shows that damage has occurred a scheme to reinstate the road to that established within the first survey of Hurrell Road shall been submitted to and approved in writing by the Local Planning Authority (LPA) prior to the occupation of the Phase 2 dwellings. Such scheme shall provide for the timing of the repair works, a description of the works to be undertaken and method statement for undertaking the works. The approved scheme shall be completed accordingly and have been certified in writing as complete by the Local Planning Authority prior to the occupation of the dwellings hereby approved within Phase 2 works;
15.
The development will be constructed in accordance with the details approved under planning permission HS/CD/16/00301, regarding contamination on the site; and
16.
The development hereby permitted shall be carried out in accordance with the following approved plans:
Y048 G 001; 002; 003A; 004A; 005; 006; 007; 008; 009; 010; 011; 012; 013; 014, 017
BC-284-03-L - Site Layout Temporary Arrangement to allow phasing.
Reasons:
1.
In the interests of the visual amenity;
2.
In the interests of the visual amenity;
3.
To prevent increased risk of flooding;
5.
To safeguard the amenity of adjoining residents;
6.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
7.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
8.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
9.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
10.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
11.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
12.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
13.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
14.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety and to ensure the condition of Hurrell Road is maintained. In accordance with Policy DM4, General access of HLP;
15.
To protect those redeveloping the site and any future occupants from potential landfill gases and soil contamination; and
16.
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 applicant is advised that drainage associated with wastewater or sewage must be separate to, and not connected with, surface water drainage unless otherwise approved. Drainage misconnections can pollute rivers and beaches in Hastings. You must ensure that drainage from your properties does not cause pollution. Enforcement action could be taken to resolve this under the Building Act 1984. Drainage misconnections for new development which allow or cause pollution would also be contrary to Building Regulations. You are advised therefore to check your property is connected correctly and any plans for additional drainage connect to the correct foul or surface water system. You can get further advice on identifying your drainage and repairing misconnections at http://www.connectright.org.uk/;
4.
This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended); and
5.
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.
Supporting documents:
- MAP - Former Ore Business Park, Farley Bank, Hastings - MAP_HS_FA_17_00798_, item 17d PDF 385 KB
- Former Ore Business Park, Farley Bank, Hastings - HS-FA-17-00798, item 17d PDF 144 KB
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