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Agenda item
Mayfield E, Land to the west of Bodiam Drive, St Leonards-on-Sea, TN38 9TW (HS/OA/20/00180)
Eleanor Evans, Planning Services Manager
Minutes:
Proposal
Outline permission (seeking approval of access) for the erection of up to 38 residential dwellings. All other matters are reserved.
Application No
HS/OA/20/00180
Listed Building
No
Public Consultation
Yes – 3 objections. Council application on Council owned land.
The Principal Planning Officer presented the application for outline permission (seeking approval of access) for the erection of up to 38 residential dwellings. All other matters are reserved.
This application was considered at the Planning Committee meeting on 19th January 2021. The Planning Committee resolved to defer the application for 2 reasons: 1) to explore alternative play areas to be considered for improvement and upgrading, such as Watermill Drive play area and 2) whether it would be appropriate to require financial contributions towards the upgrading of the bus stop on Bodiam Drive adjacent to the site. Consultation has been undertaken with the Highways Authority and the Council’s Parks and Open Spaces Department. The Highway Authority commented that the replacement of a bus shelter at the site was not justified. The Play Area and Open Spaces Officer object to any proposal to allocate the contributions to the play area at Watermill Drive as it is on a long lease to Orbit. They require the Play Area contribution for improvement of the three sites at Kensington Close, Etchingham Drive and Beckley Close. These are located within 300 metres of the proposed development site.
Councillor Roberts proposed a motion, seconded by Councillor Patmore, to grant outline planning permission, with all other matters reserved.
Councillor Bacon did not participate or vote on this item as he was not present for the whole of the Officer presentation.
RESOLVED (9 votes for and 0 against) –
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 for the entire redevelopment site covered under HS/OA/20/00180 to secure:
· 40% Affordable Housing
· Financial contribution of £263 per dwelling – Towards library Contributions
· Financial payment of £30,000 – One off compensation for Biodiversity Loss
· Play Area Improvement Contribution based on the number of dwellings proposed as a part of reserved matters application towards the improvement/upgrading of play areas at Beckley Close, Kensington Close and Etchingham Drive.
In the event that the Agreement is not completed by 28 May 2021 that permission be refused on the grounds that the application does not comply with the provisions of paragraphs 106 and 108 of the National Planning Policy Framework, Policies H3 and EN3 of the Hastings Planning Strategy 2014 and Policies CI1, GH2 and HN8 of the Hastings Development Management Plan 2015 and relevant policies of the Hastings Planning Strategy 2011-2028, unless an extension of time has been agreed in writing by the Planning Services Manager.
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 soft and hard 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, external appearance of any buildings to be erected and the soft and hard 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, in terms of access only, in accordance with the following approved plans:
100P6, 101P5, 102P5, 103P5, 110P10 & 115P7
6.
The details required by Condition 1 shall include full details of all boundary walls and/or fences which shall be erected prior to the occupation of the houses which they serve.
7.
No development shall take place until details of the layout of the new accesses onto Bodiam Drive and specification for the construction of the access which shall include details of gradients and safeguarding of visibility sightlines, have been submitted to and approved in writing by the Planning Authority in consultation with the Highway Authority and the use hereby permitted shall not commence until the construction of the accesses have been completed in accordance with the specification set out on Form HT407 which is attached to and forms part of this permission.
8.
The accesses onto Bodiam Drive shall not be used until visibility splays of 2m by 43m are provided in both directions and maintained thereafter.
9.
The dwellings at Plots fronting Bodiam Drive shall not be occupied until pedestrian visibility splays of 2 metres by 2 metres have been provided either side of the proposed site vehicular accesses onto Bodiam Drive in accordance with plans and details submitted to and approved in writing by the Local Planning Authority. These visibility splays shall thereafter be kept free of all obstructions over a height of 600mm.
10.
The proposed parking spaces shall measure at least 2.5m by 5m (add an extra 50cm where spaces abut walls).
11.
The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the plans approved at the reserved matters stage and the turning space shall thereafter be retained for that use and shall not be used for any other purpose.
12.
Prior to the commencement of development details of the proposed surface water drainage to prevent the 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 shall be submitted to the Local Planning Authority for approval in consultation with the Highway Authority.
13.
The new estate road[s] shall be designed and constructed to a standard approved by the Planning Authority in accordance with Highway Authority’s standards with a view to [its/their] subsequent adoption as [a] publicly maintained highway
14.
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 Construction Management Plan shall be implemented and adhered to in full throughout the entire construction period. The Construction Management 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),
· details of public engagement both prior to and during construction works.
15.
a) 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.
b) Development shall then 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. and
c) No occupation of any of the dwellings or flats approved as a part of this development 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.
16.
Detailed surface water drainage drawings and calculations shall be submitted to and approved in writing by the Local Planning Authority. These shall include the following:
a) Surface water runoff from the proposed development shall be limited to a rate agreed to by Southern Water 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) shall be submitted with the detailed drainage drawings. The hydraulic calculations should take into account the connectivity of the different surface water drainage features. Written confirmation from Southern Water of the agreed discharge rate shall be submitted with the drainage details calculations.
b) The details of the outfall of the proposed attenuation structure(s) and how it connects into the sewer shall be submitted as part of a detailed design including cross sections and invert levels.
c) Details of the measures proposed to manage exceedance flows shall be submitted to the Local Planning Authority.
17.
Evidence that Southern Water agrees to the proposed surface water discharge rate should be submitted and approved in relation to a reserved matters application required by Conditions 1 and 2.
18.
A maintenance and management plan for the entire drainage system shall 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 maintenance and management plan shall cover the following:
a) This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains.
b) Evidence of these responsibility arrangements at the site, during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development.
These details shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter remain in place for the lifetime of the development.
19.
Details of measures to manage flood risk, both on and off the site, during the construction phase shall be submitted to and approved in writing by the Local Planning Authority. This may take the form of a standalone document or incorporated into the Construction Management Plan for the development.
20.
Prior to occupation of the development, evidence (including photographs) shall be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs.
21.
No development shall take place until the measures outlined in the submitted ecological statements and reports have been fully implemented 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 are:
· Preliminary Ecological Appraisal Report Dated December 2018
· Protected Species Survey Report Dated December 2018
22.
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.
23.
No site preparation or any other commencement of works shall take place on site until the translocation of reptiles from the construction zone to a suitable receptor site is undertaken. Prior to commencement of development and site preparation, details of the proposed translocation, shall be submitted to and approved in writing by the Local Planning Authority. The works shall be carried out in accordance with these approved details.
24.
The development shall not commence until:
(a) a biodiversity gain plan has been submitted to the Local Planning Authority, and
(b) the Local Planning Authority has approved the plan.
25.
No development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
26.
No phase of the development hereby permitted shall 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) for that phase has been completed and approved in writing by the Local Planning Authority. The archaeological site investigation and post - investigation assessment will be undertaken in accordance with the programme set out in the written scheme of investigation approved under Condition 25.
27.
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.
28.
Upon completion of the approved soft landscaping scheme, any trees or shrubs that are removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced with trees or shrubs of such size and species as may be agreed with the Local Planning Authority, and within whatever planting season is agreed.
29.
No works or development shall take place until full details of all proposed tree planting, and the proposed times of planting, have been approved in writing by the Local Planning Authority, and all tree planting shall be carried out in accordance with those details and at those times
30.
No development shall take place until temporary protective fences to safeguard the trees and/or hedges to be retained on the site have been erected in accordance with the current BSI 5837 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.
31.
All arboricultural measures and/or works shall be carried out in accordance with the details contained in the arboricultural documents (titled Arboricultural Survey and Arboricultural Impact Assessment prepared by PJC Consultancy and Dated 7th March 2019 and 16th January 2020 respectively) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.
32.
Before development commences, a Road Safety Audit shall be submitted to and approved in writing by the Local Planning Authority. The Road Safety Audit should be submitted as part of the reserved matters application relating to 'Layout'. The Road Safety audit should be amended, if there are subsequent revisions to the proposed layout.
33.
The landscape details submitted pursuant to condition (1) above, shall include full details of the hard landscape works including 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 (e.g refuse areas, lighting etc); proposed and existing functional services above and below ground (e.g drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc). All hard-landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to occupation of any part of the development or in accordance with a programme agreed in writing by the Local Planning Authority.
34.
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.
35.
Prior to the commencement of works above ground, 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 Planning Strategy 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.
36.
Each individual dwelling hereby approved shall not be occupied until a minimum of one electric vehicle charging point has been installed at each of the houses hereby approved which have dedicated ‘on plot’ parking. The electric vehicle charging point shall thereafter be retained for that purpose.
37.
A detailed site investigation for the presence of contaminants, methane and carbon dioxide in soil shall be submitted to and approved by the Local Planning Authority prior to the commencement of construction works on site. Details of the investigation shall be approved by the Local Planning Authority prior to investigative works commencing. Such investigation and assessment should be carried out by suitably qualified personnel in accordance with current Government, Environment Agency and British Standard Guidance. Should any significant risks be identified by such an investigation, a remediation scheme including suitable monitoring and verification methodologies shall be agreed in writing by the Local Planning Authority. The remediation scheme, as agreed by the Local Planning Authority, shall be fully implemented before the development is first occupied. Any variation to the scheme shall be agreed in writing with the Local Planning Authority in advance of works being undertaken. The remediation scheme is to include considerations and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination shall be fully assessed, and an appropriate remediation scheme submitted to the Local Planning Authority for written approval. On completion of the works the developer shall provide written confirmation that all works were completed in accordance with the agreed details.
38.
An Air Quality Impact Assessment and Emissions Mitigation Assessment shall be submitted with the reserved matters application.
Development shall be carried out in accordance with the details approved in the Emissions and Mitigation Assessment and no occupation of any dwellings approved shall occur until those works have been completed.
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.
In order to secure a well planned development and protect visual and residential amenities of the area.
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.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
10.
To provide adequate space for the parking of vehicles and to ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
11.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
12.
To ensure the appropriate management of surface water on and adjacent to the highway and prevent an increased risk of flooding.
13.
In the interest of highway safety and for this benefit and convenience of the public at large.
14.
In the interests of highway safety and the amenities of the area.
15.
In order to secure a well-planned development that functions properly and in order to prevent increased risk of flooding.
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 prevent increased risk of flooding.
21.
To protect features of recognised nature conservation importance.
22.
To protect features of recognised nature conservation importance.
23.
To avoid the risk of killing/injuring the reptiles.
24.
In accordance with the requirements of the Environment Act 2020 and in order to preserve and enhance priority and protected species.
25.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
26.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
27.
To secure a well-planned development that functions well and in order to protect the visual amenities of the locality.
28.
In the interests of the visual amenities of the area and encouraging wildlife and biodiversity.
29.
To secure a well-planned development that functions well and in order to protect the visual amenities of the locality.
30.
In the interests of the health of the trees and the visual amenity of the area.
31.
To protect trees identified as having a high visual amenity value and contribute towards the features of recognised nature conservation importance.
32.
In order to ensure that the development is capable of functioning in a manner that has regard to the safety of vehicular and pedestrian users, including less able bodied people.
33.
In the interests of the visual amenity of the area.
34.
To secure a well planned development that functions well and in order to protect the visual amenities of the locality.
35.
To ensure the development complies with Policy SC3 of the Hastings Planning Strategy 2014.
36.
To promote the reduction of CO2 emissions through the use of low emissions vehicles in accordance with policies contained in the NPPF.
37.
To protect those redeveloping the site, future occupants and neighbouring sites and occupants from potential landfill gases and soil contamination.
38.
To ensure that the level of airborne pollutants caused by the proposed development does not exceed statutory guidelines, unless appropriate mitigation measures are agreed as required by Policy DM6 of the Development Management Plan 2015.
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.
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.
5.
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.
6.
Concerns are raised in respect of the design and layout of the proposed development. These are discussed in the associated report and should be taken into consideration when submitting the Reserved Matters application.
7.
Part of the proposed development site comes quite close to the listed farmhouse; Plots 37/38 are close to the listed building and Plots 35/36 will be within the immediate setting. Because of the rising land, some of the new houses may pop up into views of the farmhouse. Careful consideration therefore needs to be given to how the new houses will sit as the backdrop to the farmhouse. In order to assess these factors, the detailed/reserved matters application should include information that clearly demonstrates the relationship between the new dwellings and the listed farmhouse, including before and after views of the farmhouse from the south, east and west showing the change to its context, plus site sections across the development site and the Mayfield Farm site to show how the topography, siting and scale of the new development affects the relationship with the farmhouse.
8.
All trees produced abroad but purchased for transplanting shall spend at least one full growing season on a UK nursery and be subjected to a pest and disease control programme. Evidence of this control programme, together with an audit trail of when imported trees where needed and their origin and how long they have been in the nursery will be supplied to the Local Planning Authority prior to the commencement of any tree planting.
Supporting documents:
- HS-0A-20-00180 Mayfield E, Land to the west of Bodiam Drive, item 245a PDF 615 KB
- MAP_HS_OA_20_00180 Mayfield E, item 245a PDF 310 KB
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