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Agenda item
Site of former Hurst Court, 316 The Ridge
Minutes:
Proposal:
Erection of a Restaurant / Public House,
Associated Residential Accommodation,
Car Park, Access, Landscaping and
Ancillary Works
Application No:
HS/FA/14/00477
Existing Use:
Vacant previously development land
Hastings Local Plan 2004
H1 (Site Ref 66), NC8, NC9, L2, DG1, DG2,
DG17, DG25 and C6
Conservation Area:
No
National Planning Policy Framework
Sections 2, 4, 7, 11 and 12
Hastings Planning Strategy
FA2, SC1, SC2, SC3, SC4, EN1, EN2, EN3,
EN7, CI1 and T3
Development Management Plan
Proposed Submission Version:
LP1, DM1, DM3, DM4, HN4, HN7, HN9,
SA4 and SH3
Public Consultation:
19 letters of objection and 3 letters of
support received
The Development Manager reported on an application that sought permission for the erection of a restaurant/public house; associated residential accommodation, car park, access, landscaping and ancillary works at site of former Hurst Court, 316 The Ridge, Hastings.
The application was accompanied by a viability report explaining that the development of the site for residential purposes would be unviable and as such a departure from the site’s allocation would be justified. The District Valuers Service had independently assessed this information and had agreed that the development of the site for residential purposes would be unviable. As the residential development of the site was considered unviable, the alternative use of the site as a public house/restaurant was considered acceptable in principle. Despite the site being allocated in the current Hasting Local Plan 2004 for new housing, the allocation is proposed to be carried forward in the emerging Hastings Local Plan: Development Plan.
Measuring an area of approximately 0.7ha, the site sits within a predominately residential area with open countryside (the High Weald Area of Outstanding Natural Beauty) to the north of the site and an area of green space to the west. The site includes many trees, some of which are preserved.
The main issues considered were the principal of the development; impact on the character and appearance of the area, impact on the neighbouring amenities and impact on local biodiversity and trees and parking and highway related matters.
The Development Manager felt the proposed development would retain a large amount of the site’s tree coverage; provide an adequate amount of parking and use appropriate materials. The use was also considered compatible with the surrounding area. He believed the proposal would not result in harm to protected species and a large number of trees would be retained. As such he believed there would not be any harm to neighbouring residential amenities mostly because many of the properties were suitably distanced from the development and properties nearby would be suitably screened.
The Development Manager recommended the application be approved subject to revised wording of conditions 8, 14, 15 and 21, and a legal agreement securing a new footpath along the site’s frontage and a financial contribution towards local highway improvements.
The Human Rights considerations have been taken into account fully in balancing the planning issues.
Members discussed this item at length.
Councillor Scott proposed a motion to approve the application subject to the revised conditions, as set out in the resolution below. This was seconded by Councillor Beaney.
RESOLVED– by (9 votes to 1) that:
A) The Development Manager be authorised to issue planning permission upon completion of a legal agreement under Section 106 of the Town and Country Planning Act for a financial contribution towards local highway improvements and the provision of a public footpath along The Ridge frontage of the site. In the event of the agreement not being completed by 4 June 2015 that the Development Manager be authorised to refuse permission on the grounds that adequate provision has not been made to mitigate the impact of the development on highway and pedestrian safety.
B) Upon completion of (A) that planning permission be issued subject to the following conditions:
1.
The development hereby permitted shall be begun before the expiration of three years from the date of this permission;
2.
The development hereby permitted shall be carried out in accordance with the following approved plans:
3342/P100D, P103A, P104I, P105F, P106D, P107D, P108, P110, P111 and P112; 7615; 298-74/M/01A; and J48.39/02
3.
No development shall take place until details of the layout of the reconstructed access and the specification for the construction of the access have been submitted to and approved in writing by the Local Planning Authority. Construction of the access shall be completed in accordance with the approved details prior to approved prior to the development being brought into use;
4.
Prior to the commencement of development details of the proposed surface water drainage to prevent the discharge of surface water from the site onto the public highway and, similarly, to prevent the discharge of surface water from the highway onto the site 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;
5.
Prior to the commencement of development a Traffic Management Scheme shall be submitted to and approved in writing by the Local Planning Authority. The Scheme shall include details of the construction access and how this will be managed, the size of the vehicles, routing of vehicles and hours of operation. The development shall be carried out in accordance with the approved Scheme;
6.
During any form of earthworks and/or excavations that are carried out as part of the development, suitable 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;
7.
The development shall not be brought into use until a turning space for vehicles has been provided and constructed in accordance with the approved drawings. The turning space shall thereafter be retained for that use and shall not be used for any other purpose;
8.
The development shall not be brought into use until parking areas have been provided in accordance with the drawings hereby approved and the areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.
9.
The development shall not be occupied until cycle parking areas have been provided in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. The parking shall be provided before the development is brought into use and shall thereafter be retained for that use and shall not be used other than for the parking of cycles;
10.
The development shall be carried out in accordance with the noise reduction measures recommended in Planning Noise Assessment (Report 14/0066/R01) by Cole Jarman;
11.
Before the development hereby approved is commenced a construction method statement shall be submitted detailing how the construction shall managed to prevent nuisance to neighbouring residential amenities by dust, noise and light;
12.
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.
13.
Before it is installed details of all new external lighting 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;
14.
Deliveries and private waste collection to and from the premises shall not take place outside of the hours of 06:00 to 21:00 Monday to Friday, 09:00 to 13:00 on Saturdays and at no time on Sundays and Public Holidays;
15.
The premises shall not be open to the public except between the following hours:-
07:00 - 00:30 Sunday - Thursday,
07:00 - 01:30 Friday and Saturday.
The play area shall not be used after 21:00 and the outdoor terrace and garden areas shall not be used after 22:00 except for a designated smoking area, details of which shall be submitted to and approved in writing by the local planning authority before it is created.
16.
Before the development hereby approved is brought into use details of odour abatement measures 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;
17.
No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of soft landscaping, which shall include indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development. New soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate together with an implementation programme;
18.
All planting seeding or turfing comprised in the approved soft landscaping scheme shall be carried out prior to the occupation of any part of the development, or with the written agreement of the Local Planning Authority, in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner. 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;
19.
No development above ground shall take place until full details of the hard landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg furniture, play equipment, refuse or other storage units, signs lighting etc.); proposed and existing functional services above and below ground (eg drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant;
20.
All hard landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority;
21.
(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 the development hereby approved shall not be brought into use until those works have been completed;
(iii) The development shall not be brought into use 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.
22.
No development shall take place until the measures outlined in the submitted ecological statements and reports (Extended Phase 1 Habitat Survey Report), dated 30 May 2014 by BSG Ecology have been fully implemented, unless:
(i) the programme for such measures is otherwise specified within that document (for example with regard to measures related to monitoring, further survey work, the erection of bird boxes on buildings or other conservation enhancements), in which case the works shall be carried out in accordance with the timescales contained therein or;
(ii) unless the scheme(s), or programme(s) of measures contained within the ecological statements and reports is otherwise first varied, by way of prior written approval from the Local Planning Authority;
23.
Before the development hereby approved is commenced details of appropriate climate change mitigation and adaptation measures as required by policy SC3 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.
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
For the avoidance of doubt and in the interests of proper planning;
3.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
4.
In the interests of highway safety;
5.
In the interests of highway safety and for the benefit and convenience of the public at large;
6.
In the interests of highway safety and for the benefit and convenience of the public at large;
7.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
8.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
9.
In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development;
10.
In the interests of the amenity of the neighbouring residential occupiers. (Hastings Local Plan 2004 Policy DG1);
11.
In the interests of the amenity of the neighbouring residential occupiers. (Hastings Local Plan 2004 Policy DG1);
12.
To safeguard the amenity of adjoining residents. (Hastings Local Plan 2004 - Policy DG4);
13.
In the interests of the amenity of the neighbouring residential occupiers and to protect features of ecological importance (i.e. bats);
14.
To safeguard the amenity of adjoining residents. (Hastings Local Plan 2004 - Policy DG4);
15.
To safeguard the amenity of adjoining residents. (Hastings Local Plan 2004 - Policy DG4);
16.
In the interests of the amenity of the neighbouring residential occupiers. (Hastings Local Plan 2004 Policy DG1);
17.
In the interests of the visual amenity and to protect the landscape and scenic beauty of the AONB;
18.
In the interests of the visual amenity and to protect the landscape and scenic beauty of the AONB;
19.
In the interests of the visual amenity;
20.
In the interests of the visual amenity;
21.
To prevent increased risk of flooding;
22.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9); and
23.
To ensure the development complies with policy SC3 of the Hastings Local Plan: The Hastings Planning Strategy.
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.
With regard to condition 5 above, given the restrictions of the access and/or the approach road the hours of delivery/collection should avoid peak traffic flow times;
4.
A formal application for connection to the public foul sewerage system is required in order to service this development, please contact Southern Water: Developer Services, Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW. Tel: 0330 303 0119. E-mail: developerservices@southernwater.co.uk
5.
The developer is advised to read the consultation response received from the Environmental Health Officer in the Food, Health & Safety Team dated 09 June 2014 for advice on the legal requirements in relation to environmental health;
6.
This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).
Supporting documents:
- Site of former Hurst Court 316 The Ridge, item 55a PDF 130 KB
- MAP-Site of Former Hurst Court, item 55a PDF 302 KB
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