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Agenda item
Planning applications attracting a petition
Minutes:
103.1 Land to the Rear of 81 Lower Park Road, Hastings
Proposal
Outline application with all matters reserved for a proposed dwelling with access via Robert Tressell Close.
Application No.
HS/OA/18/00734
Conservation area
YES - Blacklands
Listed building
NO
Public consultation
YES - 24 letters of objection received and 1 petition of objection received.
Councillors Trevor Webb and Phil Scott left the room for discussion and voting on this item due to their prejudicial interest.
The Senior Planning Officer, Mrs Meppem advised that since the issue of the agenda 1 further letter of objection has been received.
The Senior Planning Officer presented an Outline application with all matters reserved for a proposed dwelling with access via Robert Tressell Close. She explained that all matters were reserved and that the Committee was only assessing whether the site could accommodate a single residential dwelling. She explained that tree T17 had been removed.
Members were shown plans, photographs and elevations of the application site.
The petitioner Chris Connelley was present and spoke against the application. He stated that he is the lead petitioner and speaking on behalf of over 90 petitioners. This significant response highlights the concern of residents in Kathleen Close, Robert Tressell Close and the neighbouring area. The contained and steep nature of the plot would cause challenges for the development, including the access for the construction equipment. The designs showed a three storey and not a two storey building an awkward and intrusive structure ill-suited to the setting. The area is widely used by foxes and badgers and is a very leafy conservation area buffer zone so should be protected. Outline planning permission for a conservation area buffer zone should be made with caution and a number of authorities do not grant permission to build on conservation area buffer zones. He drew attention to the areas public footpath and stairway and mentioned that the development would affect the image of this area. The removal of an existing tree undermines the Planning Officer’s statement that tree cover will soften the impact of the structure on the surroundings. It was unclear that it meets minimum standards, unclear that the essential services can be provided and unclear that the image of the area would be preserved.
The applicant, Mr John Dawes, was present to speak in support of the application. Mr Dawes said that he wanted to inform the councillors of the origin of the application. He and his wife had been owners at 81 Lower Park Road for over thirty years and had left the proposed site a natural scrubland by choice. Neighbours at number 82, which was now known as Kathleen Close, had not objected to this originally when outline planning permission was granted in 2011. He was unable to undertake works at this time due to the construction at Kathleen Close and by the time it had finished the permission had expired. Residents were made fully aware of the changes, and that nothing had changed from the original plan of 2011 except that the proposed house was between 2 established housing developments.
The Senior Planning Officer said that in 2011 permission was given for a similar scheme, but reminded members that this outline application is just to decide if we can accommodate a single residential dwelling in this location. She said that no concerns had been raised regarding the ecological report. The Conservation Officer raised no objection. And she agreed that the application was in close proximity to the park however there is a large enough distance between these.
Councillors went on to discuss the outline application.
It was suggested that there may be a need to look at policy regarding conservation area buffer zones.
Councillor Beaver proposed a motion to grant the outline application as set out in the resolution below. This was seconded by Councillor Davies.
RESOLVED – (7 Votes for 1 against) that Outline Planning Permission be granted subject to the following conditions:
1. Approval of the details of the Appearance of the proposed dwelling, Means of Access, Landscaping, Layout and Scale (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 Appearance of the dwelling, Means of Access, Landscaping, Layout and Scale 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 reserved matters details submitted for conditions 1 & 2 above shall include details of appropriate climate change mitigation and adaptation measures as required by Policy SC3 and in accordance with the energy efficiency hierarchy in Policy SC4 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028
6. The reserved matters details submitted in accordance with conditions 1 & 2 above shall include details of biodiversity enhancements in accordance with the recommendations of the Preliminary Ecological Appraisal (EA/10611) by the Mayhew Consultancy Ltd dated August 2018.
7. The development hereby permitted shall be carried out in accordance with the following approved plans: 4165-200C, 4165-210E and Preliminary Ecological Appraisal (EA/10611) August 2018.
8. No development shall take place, including any works of demolition, until a construction management plan or construction method statement has been submitted to and been approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the demolition/construction period. The statement shall provide for:
· Mitigation for dust and noise arising from the site
· Parking of vehicles of site operatives
· Visitors routes for construction traffic
· Method for the prevention of mud being carried onto highway
· Proposed temporary traffic restrictions arrangements for turning vehicles
· External lighting, flood lighting and security lighting, detailing the provisions for the avoidance of 'spill Light'
· Acoustic specifications, of all fixed plant, machinery and equipment associated with air moving equipment (including fans, ducting and external openings), compressors, generators or plant or equipment of a like kind, to be installed within the site
9. i) Prior to commencement of development, the condition of the private drainage system should be investigated and any required improvements to the condition of the system should be carried out prior to occupation of the dwelling with written evidence that the owner of the private drain agrees to the new connection into their system should be provided to the Local Planning Authority
ii) Prior to commencement of development details of the proposed drainage system including detailed design and implementation process is to be submitted to and approved in writing by the Local Planning Authority. The approved drainage system is to then be installed on site in accordance with the approved details.
iii) The proposed rainwater harvesting system should be designed with an overflow to a drainage system.
iv) Prior to commencement of development the required attenuation storage for surface water runoff from the development is to be submitted and approved in writing by the Local Planning Authority. This should detail pre and post development rates, with sufficient attenuation storage to restrict runoff to existing discharge rates.
v) Prior to occupation of the development, evidence (including photographs) demonstrating that the drainage system has been constructed as per the final agreed detailed drainage designs along with evidence of the functionality of the drainage system is to be submitted prior to and approved in writing by the Local Planning Authority.
10. The development shall not be occupied until a parking area has been provided in accordance with the approved plans or details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.
11. The proposed parking spaces shall measure at least 2.5m by 5m (allowing for an additional 50cm where spaces abut walls).
12. 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 and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.
13. Prior to completion of the dwellings hereby approved, details of a readily accessible external storage space for refuse bins awaiting collection shall be submitted to and approved by the Local Planning Authority. The collection store shall then be provided on site prior to occupation and retained on site thereafter.
14. 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.
15. The reserved matters details submitted for conditions 1 & 2 above shall include details of any required retaining structures along with protection measures for any existing retaining structures affecting the site as required by policy DM5 of the Hastings Development Management Plan 2015.
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. To ensure the development complies with policy SC3 of the Hastings Local Plan: The Hastings Planning Strategy.
6. To enhance features of recognised nature conservation importance.
7. For the avoidance of doubt and in the interests of proper planning.
8. In the interests of residential amenities and safe operation of the highway.
9. To ensure a satisfactory standard of development.
10. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
11. To provide adequate space for the parking of vehicles.
12. In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
13. To ensure a satisfactory standard of development.
14. To safeguard the amenity of adjoining and future residents.
15. To ensure a satisfactory standard of development.
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.ukTelephone 020 802 61089 or Environment and Natural Resources on parks@hastings.gov.uk Telephone 01424 451107 prior to commencement of any works.
4. Consideration should be given to the provision of a domestic sprinkler system.
5. The maximum gradient of the private drive should not exceed 1 in 9.
6. The developer is advised to discuss the matters of diverting the public sewer further with Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.
7. 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.
8. If during development and excavations any suspicions become evident or are aroused as to the potential or presence for any contaminated land, then works should immediately cease and a contaminated land assessment / ground investigation report be carried out which should then be submitted to and approved in writing by the Local Planning Authority prior to the work, associated with the permission hereby granted, commencing.
Supporting documents:
- MAP_HS_OA_18_00734_Land Rear 81 Lower Park Road, item 103. PDF 356 KB
- HS-OA-18-00734 Land to the rear of 81 Lower Park Road, item 103. PDF 125 KB
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