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Agenda item
Land Adjoining 14-16 Harley Way HS-OA-18-00726
Minutes:
Proposal:
Outline application (seeking approval of
Access), for the erection of up to 4 no.2 bed
apartments
Application No:
HS/OA/18/00726
Conservation Area:
No
Listed Building:
No
Public Consultation:
11 letters of objection received and 1 petition of objection received
The Principal Planner, Mrs Wood, presented this application for Outline application (seeking approval of Access), for the erection of up to 4 no.2 bed apartments.
Members were shown plans, photographs and elevations of the application site.
The Petitioner, Sharon Melville-Smith, spoke against the application. She said that she was there as a representative of the residents against planning and lives on Harley Way. She was concerned that they are here again at the committee due to the application being previously declined twice. No new evidence has been submitted by the applicant to support the application which is still contrary to Policy DM5 Only one new document has been submitted by the applicant on this application and all the others are 12-24 months old. New document contradicts itself and provides information that isn’t true. It states that knotweed will be eradicated, no structural damage to the garage block. Petitioner states this is not true. The report use subjective words and is a misleading report. It also states that the thick vegetation is contributing land stability and good water flow. The have a small narrow road and can only park on one side of the road and the turning circle in the report is in fact too small for this. East Sussex County Council Highways say they have no objections to the application and that residents shouldn’t be parking there. Residents cannot find anything that indicates that they cannot legally park there. Residents are using their garages and the spaces in front of them despite the committee being told that they weren’t. Residents have ground movement on the road and walls which affects the drains. Area is on a steep sloping ground.
The applicant’s representative, Brian Woods, spoke in support of the application.. Previous applications have been refused on the grounds of not enough information regarding the ground stability. New application includes a ground issues update letter provided by a specialist. Planning officers consulted with building control officers which had led to the inclusion of condition 22 which relates to before any works can be carried out a detailed site investigation must be completed. Building control have no record of land instability at the site only anecdotal evidence from residents. No suitably qualified professionals have provided evidence of this. No reasonable grounds for this application to be refused. The report in terms of land stability and risk refers to national planning policy framework, national policy guidance and policy DM5. Other residents concerns not addressed as only land stability caused previous applications to be refused. The applicant wants to develop on the land as urban area. No other third party experts have talked about land instability or produced evidence.
The Principal Planner, Mrs Wood, responded to the issues that were raised. She discussed how an outline application is different from a planning application. There is no policy or legislative reason why approval can’t be granted subject to a more detailed site investigation report and that is what is being required by condition 22. After receiving the objection the planning officer spoke to the agent to make sure that the investigation was carried out by a suitably qualified site investigator as required by the policy. Drainage can be further investigated. The parking concerns are addressed as the new accommodation will have parking on site. East Sussex County Council highways are our professional consultee for advice.
Councillor Beaver proposed a motion to refuse the application on the ground that is contrary to para 127 of the National Planning Policy Framework and does not add to the quality of the area for the lifetime of the development. This was seconded by Councillor Edwards.
VOTE: 3 for and 7 against. Recommendation to refuse unsuccessful
Councillor Roberts proposed a motion to grant the application. This is seconded by Councillor Davies.
RESOLVED – by (8 votes for and 2 against) that planning permission be granted subject to the following conditions:
1.
Approval of the details of the layout, scale and external appearance of the building, 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.
2.
Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the siting, design and external appearance of any buildings to be erected and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.
3.
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.
4.
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.
5.
The development hereby permitted shall be carried out in accordance with the following approved plans:
GEG-100-1-B and TSP/BBCN/P3114/002
6.
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.
7.
The reserved matters application required by condition 1 shall include details of the means of vehicular access to the site, including road widths, kerb radii, visibility splays and details of finishes and materials. The approved details shall be implemented prior to occupation.
8.
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.
9.
The reserved matters application required by condition 1 shall include details of covered and secure cycle parking. The approved details shall be implemented prior to occupation and shall thereafter be retained for that use and shall not be used other than for the parking of vehicles and cycles.
10.
The reserved matters application required by condition 1 shall include details of the proposed surface water drainage to prevent discharge of surface water from the proposed site onto the public highway, and similarly, to prevent the discharge of surface water from the highway onto the site. The approved details shall be implemented prior to occupation.
11.
(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 then be carried out in accordance with the details approved under (i) and no occupation of any of the flats hereby approved shall occur until those works have been completed.
and
(iii) No occupation of any of the dwellings or flats 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.
12.
The reserved matters application required by condition 1 shall include evidence (in the form of hydraulic calculations) with the detailed drainage drawings showing surface water discharge rates that are limited to 5.0l/s for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. The hydraulic calculations should take into account the connectivity of the different surface water drainage features. This should include evidence that the Southern Water network has capacity to accept the proposed surface water discharge into its network.
13.
If a new connection or diversion of a public sewer is proposed, the reserved matters application required by condition 1 shall include details of the permission on the acceptability of this.
14.
The reserved matters application required by condition 1 shall include details of the proposed attenuation, storage tank, permeable paving and water butts outlined in the Drainage Strategy Report (2016). The approved details shall be implemented prior to occupation.
15.
The reserved matters application required by condition 1 shall include details of a maintenance and management plan for the entire drainage system, including culverted and open watercourses. 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.
16.
The reserved matters application required by condition 1 shall include a Site Waste Management Plan detailing measures to minimise and manage waste generated by the construction and demolition works. Thereafter the development shall only be carried out in accordance with the approved details.
17.
The reserved matters application required by condition 1 shall include details of any plant e.g. to heat the buildings or other equipment. The works shall be carried out in accordance with the details approved and no occupation of any building approved shall occur until those works have been completed.
18.
The reserved matters application required by condition 1 shall include a Construction Environmental Management Plan (CEMP) based on the submitted Construction Traffic Management Statement (CTMS).
The document shall also include:
a) parking provision for site operatives and visitors;
b) provision for loading and unloading of plant and materials;
c) storage of plant and materials used in constructing the development;
d) measures to prevent deposit of mud on the highway;
e) measures to minimise dust during demolition;
The approved CEMP shall be adhered to throughout the construction period.
19.
No development shall take place until the measures outlined in the submitted ecological statements and reports 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.
The submitted reports include
· Update Ecological Appraisal, September 2017 (David Archer Associates)
· The Ecological Appraisal Report, May 2016 (Ash Partnership)
· Report on Badger Activity February, 2017 (Peter Mortimer Badger Consultant)
· Mitigation and Method Statement, March 2017 (Peter Mortimer Badger Consultant)
· Report on Bat Survey, December 2016 (Eagle Trees Management)
20.
The reserved matters application required by condition 1 shall include details of the role and responsibilities and operations to be overseen by an appropriately competent person (e.g. an ecological clerk of works, on-site ecologist). The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.
21.
In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared following completion of measures identified in the approved remediation scheme a verification report must be prepared. All the above should be approved in writing by the Local Planning Authority.
22.
The reserved matters application required by condition 1 shall include a full and adequate Land Stability and Soils Report, which sets out intrusive site investigation, undertaken in accordance with established procedures. Work shall not proceed until and unless measures deemed to be necessary by the Authority as a result of such report have been incorporated in the development proposals.
23.
The reserved matters application required by condition 1 shall include a detailed scheme of external lighting. The approved details shall be implemented prior to occupation. The scheme shall be maintained and shall not be altered without prior written approval of the Local Planning Authority.
24.
The reserved matters application required by condition 1 shall include details of open space, planting, and all boundary fences, including provision for free access to wildlife. The approved details shall be implemented prior to occupation.
25.
The reserved matters application required by condition 1 shall include a full tree report, which determines where replanting will take place. The approved details shall be implemented prior to occupation
26.
The reserved matters application required by condition 1 shall include details of readily accessible external storage space for refuse bins awaiting collection. The approved details shall be implemented prior to occupation
27.
The reserved matters application required by condition 1 shall include details of electric vehicle charging points, including a programme for their installation, maintenance and management. The electric vehicle charging points as approved shall be installed prior to occupation of the buildings hereby permitted and shall thereafter be retained and maintained in accordance with the approved details.
28.
The reserved matters application required by condition 1 shall include details of appropriate climate change mitigation and adaptation measures as required by Policy SC3 of the Hastings Planning Strategy 2014. The approved details shall be implemented prior to occupation.
Reasons:
1.
The application is in outline only.
2.
The application is in outline only.
3.
This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
4.
This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
5.
For the avoidance of doubt and in the interests of proper planning.
6.
To safeguard the amenity of adjoining residents.
7.
In the interests of road safety.
8.
In the interests of road safety.
9.
In the interests of vehicular and pedestrian safety.
10.
In the interests of highway safety and for the benefit and convenience of the public at large.
11.
To prevent increased risk of flooding.
12.
To prevent increased risk of flooding.
13.
To prevent increased risk of flooding.
14.
To prevent increased risk of flooding.
15.
To prevent increased risk of flooding.
16.
To minimise the amount of construction and demolition waste being disposed of in landfill sites.
17.
To ensure a satisfactory standard of development.
18.
To safeguard the amenity of adjoining and future residents.
19.
To protect features of recognised nature conservation importance.
20.
To protect features of recognised nature conservation importance.
21.
To protect those redeveloping the site and any future occupants from potential landfill gases and soil contamination.
22.
To ensure that the construction takes account of the local ground conditions and the sloping nature of the site.
23.
To safeguard the amenity of adjoining and future residents.
24.
To ensure a satisfactory standard of development.
25.
In the interests of the visual amenity and to improve biodiversity.
26.
To ensure a satisfactory standard of development.
27.
To ensure a satisfactory standard of development.
28.
To ensure a satisfactory standard of development in accordance with the requirements of Policy SC3 of 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 paragraph 38 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 1 March and 31 July inclusive in any year, unless otherwise approved in writing by the Local Planning Authority.
6.
The applicant is advised that the development is likely to be reliant on the existing public highway being incorporated into the development site and as such must be formally Stopped Up to remove the highway rights over it. A 'Stopping Up' order would need to be processed separately to the planning process in accordance with the Town & Country Planning Act 1990. This process must be successfully completed prior to any highway land being enclosed within the development and before any reserved matters application. In order to commence the stopping up order process, the applicant will need to contact the Department for Transport's National Casework Team (0207 9444115).
The applicant should note that the stopping up is subject to public consultation and objection and therefore success cannot be guaranteed.
7.
The applicant's attention is drawn to the need for a licence to construct the access. The applicant should contact East Sussex Highways on 0345 6080193 to apply for a licence to ensure the construction is to an acceptable standard.
8.
A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk”.
It is the responsibility of the developer to make suitable provision for the disposal of surface water. Part H3 of the Building Regulations prioritises the means of surface water disposal in the order of:
a) Adequate soakaway or infiltration system
b) Water course
c) Where neither of the above is practicable sewer
Southern Water supports this stance and seeks through appropriate planning conditions to ensure that appropriate means of surface water disposal are proposed for each development. It is important that discharge to sewer occurs only where this is necessary and where adequate capacity exists to serve the development. When it is proposed to connect to a public sewer the prior approval of Southern Water is required.
Land uses such as general hardstanding that may be subject to oil/petrol spillages should be drained by means of oil trap gullies or petrol/oil interceptors. The design of drainage should ensure that no land drainage or ground water is to enter public sewers network.
Supporting documents:
- HS-OA-18-00726 Land adjoining 14-16 Harley Way, item 89b PDF 148 KB
- MAP_HS_OA_18_00726_Land adjoining 14-16 Harley Way, item 89b PDF 404 KB
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