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Agenda item
Little Warren Cottage, Fairlight Road
- Meeting of Planning, Wednesday, 4th March, 2015 6.00 pm (Item 78a)
- View the declarations of interest for item 78a
Minutes:
Proposal:
Proposed side extension to form new bedroom and ensuite. Proposed rebuilding of attached store to form new porch area. Proposed demolition of WC and porch to form new lobby area to rear elevation. Proposed raised decking area, leading to a new Conservatory. Insertion of 3 No. rooflights. Internal alterations to facilitate proposals. New detached studio/storage building. (Use as residential permitted under HS/PD/13/00517).
Application No:
HS/FA/14/00893
Existing Use:
B1
Hastings Local Plan 2004
L1, L2, L3, DG1, DG2, DG3,
DG11, NC1, NC2, NC3, NC5,
NC8, NC9
Conservation Area:
No
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
FA5, SC1, EN1, EN2, EN3, EN4,
EN5, EN6, H1, H2, E1, T3
Development Management Plan
Proposed Submission Version:
Other
DM1, DM3, DM4, HN1, HN4, HN8,
HN9
Public Consultation:
40 letters of objection and 4 letters
of support received
The Development Manager reported on an application for extensions and alterations to the existing bungalow, the erection of an outbuilding, hard surfacing works and landscaping works at Little Warren Cottage, Fairlight Road, Hastings.
The site is located within the High Weald AONB and Hastings Country Park. The surrounding area is designated as part of the Hastings Cliff's Special Area of Conservation (SAC), the Hastings Cliffs to Pett Beach Site of Special Scientific Interest (SSSI), the Country Park Local Wildlife Site (LWS) and The Country Park Local Nature Reserve.
The site consists of a single storey building and former garden area surrounded by hedges and other mature vegetation. The dwelling is built mainly of brick with a clay tile pitch roof. Access to the site is via a track leading from Fairlight Road to the north. The site does not adjoin other properties but does adjoin public rights of way to the north, east and south. Trees exist on all of the site's boundaries which are covered by a Tree Preservation Order (TPO).
The scheme follows the approval of application: HS/PD/13/00517 which was a prior approval application for the change of use of the premises from offices to residential.
This type of application basically seeks to determine whether the prior approval of the Local Planning Authority is required with regard to the following 3 matters only:
(a) transport and highways impacts of the development;
(b) contamination risks on the site; and
(c) flooding risks on the site,
The current application also follows the grant of planning permission: HS/FA/13/00685 which was for extensions and alterations to the building. The approved scheme includes a side extension to the west (area: 13.5 square metres), a replacement porch to the north (area: 2.3 square metres), the removal of a porch to the south and the formation of a raised decking area to the south (area: 10.8 square metres).
The scheme currently proposed also involves an extension to the west with a similar footprint to that previously approved, a larger replacement porch to the north (increase of 0.7 square metres), replacing the existing porch/extension to the south with a new porch (area: 1.6 square metres), a conservatory to the south west (area: 4.9 square metres), the formation of a larger raised decking area (increase of 4.7 square metres) to the rear and an outbuilding (area 30 square metres).
The main issues considered were the impact of the development on the character and appearance of the surrounding High Weald Area of Outstanding Natural Beauty (AONB); Hastings Country Park; the ecology of the area and protected trees. Having considered these issues and the objections the Development Manager recommended that planning permission be granted subject to conditions.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
The members had attended a site visit earlier in the afternoon. Councillors Charlesworth and Lee had not attended the site visit and took no part in consideration or voting on this item.
A minor amendment was noted to page 73 of the agenda, Condition 10. The word ‘accommodation’ shall be replaced with the word ‘outbuilding’.
Councillor Wincott proposed a motion to approve the application as set out in the resolution below, this was seconded by Councillor Scott.
RESOLVED – (Unanimously) that planning permission be granted 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.
No development shall take place until the measures outlined in the submitted arboricultural report (Arboricultural Report Tree Survey Arboricultural Impact Assessment & Tree Protection Plan Little Warren Cottage Fairlight Road Fairlight East Sussex TN35 4AA by the Mayhew Consultancy), dated November 2014 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 report are otherwise first varied, by way of prior written approval from the Local Planning Authority.
3.
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;
4.
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;
5.
Prior to the commencement of development, a biosecurity protocol shall be submitted to and approved by the local planning authority detailing measures to minimize or remove the risk of introducing non-native species into a particular area during the construction, operational or decommissioning phases of the project. The measures shall be carried out strictly in accordance with the approved scheme;
6.
No development shall take place (including demolition, ground works, vegetation clearance) until a Construction Environmental Management Plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
· Risk assessment of potentially damaging construction activities;
· Identification of “biodiversity protection zones”;
· 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);
· The location and timing of sensitive works to avoid harm to biodiversity features;
· The times during construction when specialist ecologists need to be present on site to oversee works;
· Responsible persons and lines of communication;
· The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person;
· Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority;
7.
No development shall take place until the measures outlined in the submitted ecological statements and reports (Scoping Survey Warren Cottage, Hastings County Park. by Camber Ecology Limited dated 9th November 2012 and Bat Survey Little Warren Cottage, Fairlight, East Sussex. by Camber Ecology Limited dated July - August 2013, and the letter from Camber Ecology Limited dated 04 November 2014) 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.
8.
Where ecological surveys have identified the presence of roosting bats, no activities that could result in disturbance (such as demolition, roof stripping, excavations or building works or associated operations) shall be carried out unless under the direction of a licensed bat ecologist to ensure that an offence is not committed and in accordance with the submitted and approved Construction Environmental Management Plan (Biodiversity);
9.
No development shall take place above ground until details of the materials to be used in the construction of the external surfaces of the extension, conservatory, outbuilding and hard surfaces hereby permitted have been made available on site or submitted to the Local Authority for approval in writing. Development shall be carried out in accordance with the approved details;
10
The outbuilding hereby approved shall only be used as ancillary accommodation and storage incidental to the use of Little Warren Cottage, Fairlight Road, Fairlight, East Sussex, TN35 4AA as a dwellinghouse only. The building shall be used for no other purposes whatsoever including as independent residential use;
11
Notwithstanding the information shown on drawing number: 14.613/02 D the area immediately to the east of the site's entrance annotated "Type 1 roadstone" is not approved as part of this permission;
12
(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 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.
13.
The development hereby permitted shall be carried out in accordance with the following approved plans:
14.613/03, 01 (Date Stamped 10/12/14), 02D
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
To protect features of recognised nature conservation importance and the landscape character of the area;
3.
In the interests of the visual amenity;
4.
To ensure a satisfactory form of development in the interests of the visual amenity;
5.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9);
6.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9);
7.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9);
8.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9);
9.
In the interests of the visual amenity of the area. (Hastings Local Plan 2004 - Policy DG1);
10
To accord with the terms of the application and to safeguard proper planning of the area;
11
To ensure a satisfactory standard of development and to protect features of recognised nature conservation importance;
12
To ensure that the property is occupied until adequate access and drainage facilities have been provided; and
13
For the avoidance of doubt and in the interests of proper planning.
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; and
3.
The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act.
Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.
Supporting documents:
- Little Warren Cottage, Fairlight Road, item 78a PDF 100 KB
- MAP_Little Warren Cottage, Fairlight Road, item 78a PDF 250 KB
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