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Agenda item
The Robert De Mortain, 373 The Ridge, Hastings
Minutes:
Proposal:
Outline approval for demolition of existing building and erection of 10 dwellings together with parking and access.
Application No:
HS/OA/17/00774
Conservation Area:
Listed Building
Public Consultation
No
No
5 letters of objection received.
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The Planning Services Manager, Mrs Evans, presented this Outline Application for the demolition of existing building and development of site for ten residential units together with parking, access and landscaping at The Robert De Mortain, 373 The Ridge, Hastings.
The Planning Services Manager provided an update to the report:-
· Page 114 of the committee papers, last paragraph of that page notes that an acoustic fence will be secured by condition 18, however this should read condition 16.
Members were shown plans and photographs of the application site.
The Planning Services Manager explained that this application would generate a lower number of vehicle movements than the former public house would have generated. Houses were well spaced and there was no harmful overlooking. Conditions on obscure glazing and acoustic fence were proposed. No objections had been received from consultees. The Planning Services Manager noted that the application was considered acceptable in all respects and recommended that the application be approved.
Councillor Wincott proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Scott.
RESOLVED – (Unanimously) that planning permission be granted subject to the following conditions:-
1.
The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the
expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later;
2.
Approval of the details of the external appearance of the Buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced;
Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission;
3.
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.
4.
(i) Construction of the development shall not commence 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.
(ii) Development shall be carried out in accordance with the details approved under (i) and no occupation of any of the dwellings or flats hereby approved shall occur until those works have been completed.
(iii) No occupation of any of the dwellings 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.
(iv) Surface water runoff from the proposed development should be limited to the greenfield runoff rates, if possible, for rainfall events including those with a 1 in 100 (plus climate change) annual probability of occurrence. Evidence of this (in the form hydraulic calculations) should be submitted with the detailed drainage drawings. approved under (i) above. The hydraulic calculations should take into account the connectivity of the different surface water drainage features. Possible connection to surface water sewers or watercourse should be investigated before pursuing a connection to the combined sewer;
5.
The detailed design of the attenuation cellular storage systems should be informed by findings of groundwater monitoring between autumn and spring. The design should leave at least 1m unsaturated zone between the base of the cellular storage and the highest recorded groundwater level. If this cannot be achieved, details of measures which will be taken to manage the impacts of high groundwater on the drainage system should be provided prior to commencement of development (excluding demolition) and approved by the Local Planning Authority. Evidence of how impacts of high groundwater on the structural integrity of the tank will be managed should also be provided at this time;
6.
The applicant should detail measures to manage flood risk, both on and off the site, during the construction phase, defined as the commencement of demolition works to the first occupation of a dwelling. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development, this is to be submitted and agreed by the Local Planning Authority prior to the commencement of works, including demolition of existing structures;
7.
A maintenance and management plan for the entire drainage system, including culverted and open watercourses, should be submitted to the planning authority before the commencement of development on site.
This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains, and the appropriate authority should be satisfied with the submitted details. Evidence that these responsibility arrangements will remain in place throughout the lifetime of the development should be provided to the Local Planning Authority;
8.
Prior to occupation of the development evidence (including photographs) should be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs, required by Condition 4;
9.
No development shall take place until details of the means of vehicular access to the site, including road widths, kerb radii, visibility splays and
details of finishes of materials have been submitted to and approved in writing by the Local Planning Authority;
10.
No part of the development shall be occupied until such time as the unused parts of the existing vehicular access onto The Ridge has been physically closed in accordance with plans and details submitted to and approved in writing by the Local Planning Authority;
11.
The access shall have maximum gradients of 2.5% (1 in 40) for the whole width of the footway and continuing for 5m into the site and 11% (1 in 9) thereafter. The new access road is to be kept free of parked vehicles to allow access by emergency services and waste collection vehicles;
12.
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 in consultation with the Highway Authority. The area[s] shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles;
13.
No part of the development shall be occupied until the vehicle turning space has been constructed within the site in accordance with details submitted to and approved in writing by the Local Planning Authority. This space shall thereafter be retained at all times for this use and shall not be obstructed or used for the parking of vehicles;
14.
No development shall take place until tree protection measures detailed in the Arboricultural Report submitted with the application have been implemented. Protective fences are to be erected in accordance with the current BS5837.2005 - Trees in Relation to Construction 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. Excavation works to the tree root areas of trees T2, T5 and T25 are to be undertaken by hand;
15.
The existing trees and hedges along the southern, eastern and western boundary of the site shall be retained permanently. Any trees or plants within this area which within 5 years of the completion of the development die, are removed or become damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives prior written consent to any variation;
16.
No development shall take place above ground until full details of all boundary fences, including acoustic fencing and provision for free access to wildlife including badgers, have been submitted to and approved in writing by the Local Planning Authority. All such boundary fences shall be erected before the building to which it relates is occupied;
17.
No dwelling hereby approved shall be occupied until readily accessible external storage space for refuse bins awaiting collection has been provided to the satisfaction of the Local Planning Authority;
18.
Each individual dwelling hereby approved shall not be occupied until a minimum of one electric vehicle charging point has been installed on the given buildings with dedicated off street parking, and shall thereafter be retained for that purpose;
19.
Units 4, 7 and 8 shall not be occupied until the obscure glass is installed to the windows on the first floor western elevation, once installed, the windows shall be permanently maintained in that condition. Any changes to these windows must be approved in writing by the Local Planning Authority;
20.
Construction Environmental Management Plan
No development, including any works of demolition, shall take place until the appointed main contractor has submitted a detailed Construction Environmental Management
Plan (CEMP) based on the submitted Construction Traffic Management Statement (CTMS) and the detailed CEMP has been approved in writing by Local Planning Authority. In addition to the issues identified in the Outline CTMP the document shall include:
i. parking provision for site operatives and visitors;
ii. provision for loading and unloading of plant and materials;
iii. storage of plant and materials used in constructing the development;
iv.measures to prevent deposit of mud on the highway;
v.measures to minimise dust during demolition;
The approved CEMP shall be adhered to throughout the construction period;
21.
Before the development hereby approved is commenced details of appropriate climate change mitigation and adaptation measures as required by Policy SC3 and in accordance with the hierarchy of Policy SC4 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 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;
22.
No part of the development shall be occupied until covered and secure cycle parking spaces have been provided in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles;
23.
No part of the development shall be occupied until visibility splays of 2.4m metres by 43 metres have been provided at the proposed site vehicular access onto The Ridge in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. Once provided the splays shall thereafter be maintained and kept free of all obstructions over a height of 600mm;
24.
No development shall take place until the developer has secured the implementation of a programme of archaeological work, in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority;
25.
Prior to the commencement of development and during the construction phase all mitigation measures as outlined in the Ecological Appraisal, April 2017, and Badger report March 2017, submitted with the application will be undertaken to protect existing biodiversity during any construction activity on the site;
26.
The following works; demolition of the main building or any part thereof where bats have been identified in the report by Cherryfield Ecology, dated 12/11/17 for the site of the Robert de Mortain public house shall not in any circumstances commence unless the local planning authority has been provided with either:
a) a licence issued by [the relevant licensing body] pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead; or
b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.
27.
Prior to occupation, a “lighting design strategy for biodiversity” for the site in relation to the impact on bat species shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bat species and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the strategy, and these shall be maintained thereafter in accordance with the strategy. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority;
28.
No development shall commence until the role and responsibilities and operations to be overseen by an appropriately competent person [e.g. an ecological clerk of works,on-site ecologist] have been submitted to and approved in writing by the local planning authority. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details; and
29.
The development hereby permitted shall be carried out in accordance with the following approved plans:
5576/LP, 5576/EX, 5576/1/B, 5576/2/B, 5576/6/B
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
In the interests of the visual amenity of the area;
3.
To safeguard the amenity of adjoining residents;
4.
To ensure appropriate drainage is provided;
5.
To safeguard the amenity of adjoining and future residents;
6.
To safeguard the amenity of adjoining and future residents;
7.
To ensure that no property is occupied until adequate access and drainage facilities have been provided;
8.
To ensure that no property is occupied until adequate access and drainage facilities have been provided;
9.
In the interests of vehicular and pedestrian safety;
10.
In the interests of road safety;
11.
In the interests of road safety;
12.
To ensure an adequate level of off-street parking to serve the development;
13.
In the interests of vehicular and pedestrian safety;
14.
To ensure a satisfactory standard of development;
15.
To preserve the visual quality of the surrounding historic landscape;
16.
To safeguard the amenity of adjoining residents;
17.
To ensure a satisfactory standard of development;
18.
To ensure a satisfactory standard of development;
19.
To safeguard the amenity of adjoining and future residents;
20.
In the interests of highway safety and convenience and to minimise the impact on the amenity of local residents arising from dust, emissions and noise during the construction phase;
21.
To ensure the development complies with Policy SC3 of the Hastings Planning Strategy 2014;
22.
To provide alternative travel options to the use of the car in accordance with current sustainable transport policies;
23.
To ensure that a reasonable standard of access is provided in the interests of pedestrian and traffic safety;
24.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework;
25.
To preserve and protect the biodiversity on the site;
26.
To ensure a satisfactory form of development in the interests of the amenity and long term health and safety of the bats in the area;
27.
To ensure a satisfactory form of development in the interests of the amenity and long term health and safety of the bats in the area;
28.
To ensure a satisfactory form of development in the interests of the character and amenity of the area and natural habitats and wildlife; and
29.
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 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;
4.
There may be badgers on the site and your attention is drawn to the provisions of the Badger Protection Act 1992. It is a criminal offence to kill or injure a badger; to damage or obstruct access to its sett; or to disturb a badger when it is occupying a sett;
5.
No site clearance or tree or hedge removal shall be carried out on site between the 1st March and 31st July inclusive in any year, unless otherwise approved in writing by the Local Planning Authority; and
6.
Separate foul and surface water drains must be provided. You are advised to consult Southern Water Services Ltd. with regard to an application for connection to the public foul and surface water sewers.
Supporting documents:
- MAP - The Robert De Mortain, 373 The Ridge, Hastings - MAP_HS_OA_17_00774_, item 17f PDF 341 KB
- The Robert De Mortain, 373 The Ridge, Hastings - HS-OA-17-00774, item 17f PDF 195 KB
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