Harrow Lane Playing Fields, Harrow Lane (HS/OA/17/00901)
Outline application,(seeking approval of Access) for the erection of 140 residential units (22 no. 4-bed, 61 no. 3-bed, 36 no. 2-bed, 21 no. 1-bed units) of which fifty six are 'affordable homes', public open space, access and landscaping at Harrow Lane Playing Fields, St Leonards-on-sea.
Yes – 1 petition of objection and 22 letters of objection received.
Council application on Council owned land
The Principal Planning Officer, Mrs Wood, presented amendments to the requirements of the S106 Agreement in respect of the outline application for the erection of 140 residential units (22 no. 4-bed, 61 no. 3-bed, 36 no. 2-bed, 21 no. 1-bed units) of which fifty six are 'affordable homes', public open space, access and landscaping at Harrow Lane Playing Fields, St Leonards-on-sea.
The application was recommended for approval by Councillors subject to a Section 106 Agreement on 12th September 2018.
Since the Planning Committee meeting of 12th September 2018 the requirements of the S106 Agreement have been altered to include:
· removal of £5,000 financial contribution as this is dealt with by condition 15 linked to the Traffic Regulation Order (TRO).
· include description towards off-site highway works (secured by a section 278 agreement). These works would be Bus Stops (northbound and southbound), with clearways shelters, real time information and seating, ghost right turn lane and suitable pedestrian crossing point.
· amend bullet point 4 to include 'improving and maintaining existing play provision at Welton Rise play area'.
The Planning Committee was reminded that only these amendments to the S106 Agreement were being considered as a resolution to grant permission has already been approved.
The Principal Planning Officer advised that the part of the recommendation had been included in the Addendum but omitted from the conclusion to the report. Members were advised of the full recommendation.
Councillors were shown plans and photographs of the application site.
The petitioner, Councillor John Rankin, was present and spoke against the application. Councillor Rankin suggested that there was inadequate provision for children’s play across the proposed development. Point 4 of the Section 106 Agreement details a financial contribution towards the improvement and maintenance of the Welton Rise play area, but Welton Rise does not form any part of the proposed development area. A child living in the top right-hand corner of the development would have to negotiate busy roads, perhaps for half a mile, to get to the Welton Rise play area. Councillor Rankin commented that his main concern was that children in large houses will play in private gardens, whilst children in social and affordable housing will be encouraged to play on the street and in Welton Rise. This would be against the Council’s commitment to inclusive neighbourhoods.
Councillors asked questions of the petitioner.
The agent, Canan Catworthy, was present and spoke in support of the application. Ms Catworthy reminded the Planning Committee that this debate relates purely to the alteration of the Section 106 Agreement. It is appreciated that there has been contention but it is hoped the Committee understand the application is the result of detailed discussion with officers over a considerable period of time. It remains the case that the development of the site has been granted permission in principle. Ms Catworthy noted Councillor Rankin’s concerns about the play facilities but stated that the application provides a workable site layout with green spaces of benefit to children.
Councillors asked questions of the agent.
The Principal Planning Officer reiterated that the Planning Committee is being asked to make a decision regarding the amendments to the Section 106 Agreement only. The location of the play space has been determined by the outline application approved at a previous committee meeting. The Local Plan commitment to informal play space remains as referenced in condition 27 of the application which provides a scheme for open space.
Councillors asked questions of the Principal Planning Officer. The officer confirmed that what has been agreed within the outline application is to provide informal play space on the site and improve and maintain the Welton Rise play area. Informal play space is not an equipped play area and the management and maintenance of that is to be decided.
Councillors debated the proposed amendments to the S106 Agreement.
Councillor Davies proposed a motion, seconded by Councillor Cox, to grant the application as set out in the resolution below.
RESOLVED – (6 for, 2 against, 1 abstention) that:
A) That the Planning Services Manager be authorised to issue planning permission upon completion of an agreement under S106 of the Town and Country Planning Act to secure:
· A financial contribution of £337,400 towards local highway improvements;
· a section 278 agreement for off-site highway works including Bus Stops (northbound and southbound), with clearways shelters, real time information and seating, ghost right turn lane and suitable pedestrian crossing point
· A travel plan and associated auditing contribution of £6,000
· A financial contribution towards improving and maintaining existing play provision at Welton Rise play area of £110,600
· The maintenance, management and monitoring of trees, protected species and wildlife areas:
· A financial contribution to libraries of £36,820
· A financial contribution to public rights of way of £3,360
· Provision on site of 56 affordable dwellings
Unless it has been conclusively shown that the development would not be viable and it would still be acceptable in planning terms without the identified development contribution. In the event that the Agreement is not completed by 5 December 2019 that permission be refused on the grounds that the application does not comply with the relevant policies (policies H3, CI1, T3, EN3, EN6 and H1) of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 or the Hastings Local Plan, Development Management Plan 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 the above:
Grant Outline Planning Permission subject to the following conditions:
1. Approval of the details of the layout, scale and external appearance of the building(s), 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 layout, scale, 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 herby permitted shall be carried out, in terms of access only, in accordance with the following approved plans: ITP 129-1-01-P2 and ITP 1219-1-02 P2. No part of the development shall be occupied until such time as the vehicular access serving the development has been constructed in accordance with the approved plans (ITP 129-1-01-P2 and ITP 1219-1-02-P2).
6. No part of the development shall be occupied until provision has been made within the site to prevent surface water draining onto the public highway, in accordance with plans and details to be submitted to and approved by the Local Planning Authority.
7. The access shall have maximum gradients of 4% (1 in 25 from the channel line, or for the whole width of the footway/verge whichever is the greater and 11% (1 in 9) thereafter.
8. No part of the development shall be first occupied until visibility splays of 2.4 metres by 90 metres have been provided at the proposed site vehicular access onto Harrow Lane in accordance with the approved plans. Once provided the splays shall thereafter be retained, maintained and kept free of all obstructions over a height of 600mm.
9. The development hereby permitted shall not commence until details of the layout of the access roads and the specification for the construction of the access which shall include details of footways, surfaces, lighting, parking and cycle parking, have been submitted to and approved in writing by the Local Planning Authority and the use hereby permitted shall not commence until the construction of the road link has been completed in accordance with the specification to be agreed with the Highway Authority.
10. 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.
11. No development shall take place, including any ground works or works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved Plan shall be implemented and adhered to in full throughout the entire construction period. The Plan shall provide details as appropriate but not be restricted to the following matters,
- the anticipated number, frequency and types of vehicles used during construction,
- the method of access and egress and routeing of vehicles during construction,
- the parking of vehicles by site operatives and visitors,
- the loading and unloading of plant, materials and waste,
- the storage of plant and materials used in construction of the development,
- the erection and maintenance of security hoarding,
- the provision and utilisation of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders, traffic management),
- details of public engagement both prior to and during construction works.
12. No development shall take place, including demolition, on the site until an agreed pre commencement condition survey of the surrounding highway network has been submitted and approved in writing by the Local Planning Authority. Any damage caused to the highway as a direct consequence of the construction traffic shall be rectified at the applicant’s expense.
13. No part of the development shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Travel Plan once approved shall thereafter be implemented as specified within the approved document.
The Travel Plan shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport and/or as advised by the Highway Authority.
14. Upon the occupation/commencement of use, the Applicant shall implement the measures incorporated within the approved travel plan. The Applicant shall thereafter monitor report and subsequently revise the travel plan as specified within the approved document.
15. No development shall be commenced until such time as a Traffic Regulation Order securing the provision of parking restriction on the west side of Harrow lane opposite the site access has been approved in writing by the County Council and written confirmation of this approval is made available to the Local Planning Authority.
16. (i) Construction of the development shall not commence until a drainage strategy that includes details of the proposed means of foul sewerage and surface water disposal/management, together with an implementation timetable, 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 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.
(vi) 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.
17. (i) Surface water runoff from the proposed development should be limited to a maximum of 10.5l/s, which is the rate agreed to by Southern Water for all rainfall events including those with a 1 in 100 (plus 40%) annual probability of occurrence. Evidence of this (in the form of hydraulic calculations) should be submitted with the detailed drainage drawings.
The hydraulic calculations should take into account the connectivity of the different surface water drainage features.
(ii) The detailed design should also include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely. This should incorporate measures to intercept and slow down overland surface water flows through the woodland south of the development.
(iii) The detailed design of the attenuation ponds should be informed by findings of additional groundwater monitoring between autumn and spring. The design should leave at least 1m unsaturated zone between the base of the ponds and the highest recorded groundwater level. If this cannot be achieved, details of measures that will be taken to manage the impacts of high groundwater on the drainage system should be provided. Evidence of how impacts of high groundwater on the structural integrity of the tank will be managed should also be provided.
18. A maintenance and management plan for the entire drainage system should be submitted to the Local Planning Authority before any construction commences on site to ensure the designed system takes into account design standards of those responsible for maintenance. The management plan should cover the following:
a) The 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.
b) Evidence that these responsibility arrangements will remain in place throughout the lifetime of the development should be provided to the Local Planning Authority.
19. The applicant should detail measures to manage flood risk, both on and off the site, during the construction phase. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development.
20. 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.
21. The development hereby permitted shall not be brought into use until the archaeological site investigation and post investigation assessment (including provision for analysis, publication and dissemination of results and archive deposition) has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition  to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority.
22. Safe access to footpath Hastings 142, 143 and 144 is to be maintained at all times during and following completion of the development. Details of walking and cycle links should be submitted as part of a Reserved Matters application.
23. The landscaping details required by condition 1 above (reserved matters) shall include details of open space and play provision.
24. No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan for biodiversity (CEMP: Biodiversity) has be submitted to and approved in writing by the local planning authority. The CEMP: Biodiversity shall include the following;
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details and phasing agreed, unless otherwise agreed in writing by the local planning authority.
25. No development shall take place until an ecological design strategy (EDS).
The EDS shall include the following:
a) Purpose and conservation objectives for the proposed works.
b) Review of site potential and constraints.
c) Detailed design(s) and/or working method(s) to achieve stated objectives.
d) Extent and location/area of proposed works on appropriate scale maps and plans.
e) Type and source of materials to be used where appropriate, e.g. native species of local provenance.
f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.
g) Persons responsible for implementing the works.
h) Details of initial aftercare and long-term maintenance.
i) Details for monitoring and remedial measures.
j) Details for disposal of any wastes arising from works.
The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
26. A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to commencement of the development. The content of the LEMP shall include the following;
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management.
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organization responsible for implementation of the plan.
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.
The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.
27. No development shall take place until a scheme for the provision of open space (including children's play area), as part of the development within the site in accordance with policy EN8 of the Hastings Local Plan and national guidance on open space provision has been submitted to and agreed by the Local Planning Authority. The scheme shall include details of the laying out and construction of the open space, a timetable for its provision and arrangements for its future maintenance. The open space shall then be provided and maintained in accordance with the approved scheme, unless otherwise agreed in writing with the Local Planning authority.
28. No development shall take place until the measures outlined in the submitted arboricultural report (titles Arboricultural Impacts Assessment and Method Statement, prepared by PJV Consultancy, dated August 2017) have been fully implemented, unless:
(i) the programme for such measures is otherwise specified within that document 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 arboricultural reports is otherwise first varied, by way of prior written approval from the Local Planning Authority.
29. The details required by Condition 1 shall include a full and adequate site investigation and soils report and work shall not proceed until and unless measures deemed to be necessary by the Local Planning Authority as a result of such report have been incorporated in the development proposals.
30. Each individual dwelling hereby approved shall not be occupied until a minimum of one electric vehicle charging point has been installed on the given building(s) with dedicated off street parking, and shall thereafter be retained for that purpose.
31. The details submitted for condition 1 (reserved matters) above shall include provision of at least 2% of the dwellings to be fully adapted for wheelchair users.
32. Before the development hereby approved is occupied provision shall be made for the ability to connect to fibre-based broadband.
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. In the interests of highway safety.
7. In the interests of road safety.
8. In the interests of road safety.
9. To secure satisfactory standards of access for the proposed development.
10. In the interest of highway safety and for this benefit and convenience of the public at large.
11. To the interests of highways safety and the amenities in the area.
12. In the interests of highway safety and the amenities of the area.
13. To encourage and promote sustainable transport.
14. To encourage and promote sustainable transport.
15. In the interests of amenity and road safety.
16. To prevent increased risk of flooding.
17. To prevent increased risk of flooding.
18. To prevent increased risk of flooding.
19. To prevent increased risk of flooding.
20. To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
21. To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
22. To maintain Public Rights of Way.
23. To ensure a satisfactory form of development in the interests of the character and amenity of the area.
24. To protect features of recognised nature conservation importance.
25. To protect features of recognised nature conservation importance of the site and in the interests of the amenity of the neighbouring residential occupiers.
26. To protect and enhance the ecological value of the site.
27. To ensure a satisfactory form of development in the interests of the character and amenity of the area.
28. In the interests of the health of the trees and the visual amenity of the area.
29. To ensure a satisfactory standard of development.
30. To ensure a satisfactory standard of development.
31. To comply with condition LRA1 of the Hastings Local Plan, Development Management Plan.
32. To ensure the development complies with policy SC1 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 paragraph 38 of the National Planning Policy Framework.
3. The applicant is advised that the 300 mm diameter surface water sewer requires a clearance of 3 metres either side of the sewer to protect it from construction works and allow for future access for maintenance. No development or new tree planting should be located within 3 metres either side of the centreline of the public sewer.
4. The applicant is advised that the 200 mm diameter water trunk main requires a clearance of 6 metres either side of the water trunk main to protect it from construction works and allow for future access for maintenance.
5. The applicant is advised that no development or new tree planting should be located within 6 metres either side of the centreline of the water trunk main without consent of Southern Water.
All existing infrastructure, including protective coatings and cathodic protection, should be protected during the course of construction works. No new soakaways should be located within 5m of a public sewer and water main.
6. The applicant is advised that noncompliance with Sewers for Adoption standards will preclude future adoption of the foul and surface water sewerage network on site. The design of drainage should ensure that no groundwater or land drainage is to enter public sewers.
7. The applicant is advised that due to changes in legislation that came in to force on 1st October 2011 regarding the future ownership of sewers it is possible that a sewer now deemed to be public could be crossing the above property. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any further works commence on site.
The applicant is advised to discuss the matter further with Southern Water, Sparrowgrove House Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk”.
8. The applicant is advised that a formal application for connection to the water supply is required in order to service this development. Please contact Southern Water, Sparrowgrove House Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk
9. The applicant is advised that all side elevations facing access roads should be designed to a high standard and avoid blank facades and large expanse of wall.
10. The applicant is advised that the gateway 'key' buildings located either side of the junction into the site from Harrow Lane shall incorporate a design that better addresses its corner location than currently shown on illustrative plans and elevations. This amended design shall form part of the reserved matters application.
11. The applicant is advised that rear parking courts should be enclosed by brick walls and this should be shown within any subsequent Reserved Matters application.
12. The applicant is advised that parking spaces to the front of garages should have a depth of 6m. Any Reserved Matters application should incorporate this into the design.
13. 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 firstname.lastname@example.org Telephone 020 802 61089 or Environment and Natural Resources on email@example.com Telephone 01424 451107 prior to commencement of any works.
14. The applicant should contact the Sussex Police Architect Liaison Officer at the Police Station, Bohemia Road, Hastings to discuss the "Secured by Design" principles for new developments.
15. 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.
16. Nothing in this permission shall be construed as giving approval to the details shown on the plans accompanying the application hereby approved. Such plans have been treated as being indicative only.
17. Incentives for residents encourage them to rethink journeys from the very start of locating in a new neighbourhood to be adopted within the travel plan to be resubmitted with the reserved matters applications, to include:
1) 3 months of bus travel with option to renew for a further 6 months with discount
2) £100 for cycles or accessories
3) 5 supermarket deliveries
4) Car club vehicle dedicated space within the development
5) Other incentives should include as suggested in the residents’ information pack plus scheduled cycle training and Bike doctor visits.
- MAP_HS_OA_17_00901_Harrow Lane Playing Fields, item 128a PDF 626 KB
- HS-OA-17-00901 Harrow Lane Playing Fields, Harrow Lane, item 128a PDF 217 KB