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Agenda item
Land adjoining Lidham Farm, Rye Road (HS/FA/20/00132)
Minutes:
Erection of new dwelling
Application No
HS/FA/20/00132
Conservation Area
No
Listed Building
No
Public Consultation
Yes – 39 objections and petition received
Councillors Scott and Davies were not present for consideration of this item and did not take part
The Planning Services Manager presented this application for the erection of a new dwelling. She gave some updates on conditions. Condition 10 is updated to provide visibility splays of 2m by 2m on both sides of the access to the carriageway and Condition 31 is to be deleted as it is replicated by Condition 19. Condition 30 has been updated that now prior to development, the exact location of the septic tank will be provided to the Local Planning Authority. An additional Condition was proposed. This requires no occupation of the dwelling until the Local Planning Authority is satisfied the necessary drainage infrastructure capacity is now available.
The Planning Service Manager explained there had been a previous planning application in 2017 which was near identical to this application, this had been approved in 2017 but has now lapsed. Councillors were shown plans, photos and drawings of the application site.The proposed layout was shown next to the approved 2017 application. The Environment Agency have stated a permit would be required for a septic tank but they have no issues in principle with the septic tank being used.
The Petitioner, Mr Bowers was present and spoke against the application. He stated the development will have a huge impact on the amenity of his property. and although an application was granted in 2017 prior to that, one had been refused. He explained that the petitioners have concerns about the environmental impact of the application as the application area is a wildlife corridor and agricultural land required to mitigate flooding. The Petitioner went on to explain that he feels the property will block light into the neighbouring property. He explained his concerns around drainage for the application and suggested it should be connected to the mains sewers.
The councillors asked the Petitioner regarding his statement that the application area is a wildlife corridor. He explained he has seen a lot of animals in his garden. Councillors asked him if he had an issue with any sort of application for building a property on the land. He explained it is the size and type of the development he objects to.
Mr Keene, the agent for the Applicant, spoke in support of the application. He stated the application has not changed from the application made in 2017 which was approved. As the land from the road slopes away there would only be the roof visible from the road. He explained that there have been properties in the area since the 1960’s so any wildlife corridor would have been obstructed since then. There would only be two small bathroom windows which would face neighbouring properties which would be obscure glazed. He stated that the drainage was designed to be sustainable.
Councillors asked the agent if the previous application had a septic tank. The agent stated that it was always planned to use a septic tank and this is the sustainable option and approved by the Environment Agency. The Planning Service Manager confirmed that the site has no special environmental or wildlife designation.
Councillors asked regarding the septic tank. The Planning Service Manager stated that none of the consultees have an issue with the application having a septic tank. It was asked about the sustainability of the septic tank and the Planning Service Manager explained that if a pump is needed to access the main sewers then the energy used by that make a septic tank more sustainable. The Planning Services Manager noted that the septic tank will require a permit from the Environment Agency and that a condition is attached to ensure this is approved before development commences.
Councillor Beaver proposed approval of the recommendation, seconded by Councillor Roberts
RESOLVED 7 votes for , 1 vote against )
Grant Full Planning Permission 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. The development hereby permitted shall be carried out in accordance with the following approved plans:
17015/1, 17015/2, 17015/3A, 17015/4, 17015/5, 17015/6, 17015/7, 17015/8
and 17015/9.
3. Notwithstanding the submitted plans, no development shall take place above ground until details of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The use of a clay tile
should be incorporated into scheme as appropriate. Development shall be
carried out in accordance with the approved details.
4. No development shall commence until 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 Local Plan, The
Hastings Planning Strategy 2011-2028 have been submitted to and approved
in writing by the Local Planning Authority. The development shall be carried
out in accordance with the approved details.
5. Before the development hereby approved is occupied, provision shall be
made for the ability to connect to fibre based broadband.
6. Windows in the upper floor of the east elevation serving bathrooms shall be
obscure glazed with obscure glass to a minimum level of obscurity equivalent
to Pilkington Texture Glass Level 3, or similar equivalent. The dwelling hereby approved shall not be occupied until the obscure glass is installed, and
once installed, the windows shall be permanently maintained in that condition.
7. The dwelling hereby approved shall not be occupied until readily accessible
external storage space for refuse bins awaiting collection has been provided in accordance with details to be submitted and approved in writing by the Local Planning Authority. This shall be permanently retained as such thereafter.
8. No development shall commence until the following details have been
submitted to and approved in writing by the Local Planning Authority, in
consultation with Southern Water:
i. The exact position of sewers (to be determined on site) before the
layout of the proposed development is finalised
ii. The measures undertaken to protect public sewers
Development shall be carried out in accordance with the details approved
prior to the commencement of development.
9. Prior to the commencement of the development, an Environment Agency Permit shall be obtained for the proposed septic tank method of drainage discharge (as shown on Drawing No. 17015/4). In the event that such a permit is not granted, the proposed dwelling shall be connected to the main sewer as shown on the submitted drawing (Drawing No. 17015/9). Development shall be thereafter be carried out in accordance with the drainage details approved as part of this permission and the dwelling hereby approved shall not be occupied until those works have been completed.
10. Prior to occupation of the development hereby permitted, the new access shall be constructed in the position shown on the submitted plan. The new access shall have a minimum width of 4.8m for the first 6m back from the edge of the carriageway and shall provide visibility splays of 2m by 2m on both sides of the access. These visibility splays shall thereafter be kept free of all obstructions over a height of 600mm.
11. The development shall not be occupied until parking areas have been
provided in accordance with the approved plans/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 motor vehicles.
12. The development shall not be occupied until cycle parking areas have been provided in accordance with the approved plans 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 cycles.
13. The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with the approved plans which have been submitted to and approved in writing by the Local Planning
Authority and the turning space shall thereafter be retained for that use and
shall not be used for any other purpose.
14. 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.
15. If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or
dies, or becomes, in the opinion of the Local Planning Authority, seriously
damaged or defective, another tree of the same species and size as that
originally planted shall be planted at the same location.
16. 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.
17. 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.
18. All arboricultural measures and/or works shall be carried out in accordance with the details contained in Arboricultural Impact Assessment prepared by Dolwin and Gray and dated March 2020 as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.
19. 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:-
Monday to Friday: 08.00 - 18.00
Saturday: 08.00 - 13.00
No working on Sundays or Public Holidays.
20. No development shall take place until the measures outlined in the submitted Phase 1 Ecological Report (February 2020) prepared by Wildlife Splash
Limited 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 ecological statements and reports is otherwise first varied, by way
of prior written approval from the Local Planning Authority.
21. 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:
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 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.
22. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by Classes A to E of Part 1 of Schedule 2 of the Order shall be carried out without the prior written consent of the Local Planning Authority.
23. No development above ground shall take place until full details of the hard
landscape works have been submitted to and approved in writing by the Local
Planning Authority. These details shall include proposed finished levels or
contours; means of enclosure; any other vehicle and pedestrian access and
circulation areas; hard surfacing materials; proposed and existing functional
services above and below ground (eg drainage, power, communications
cables, pipelines etc. indicating lines, manholes, supports etc); retained
historic landscape features and proposals for restoration, where relevant.
24. All hard landscape works shall be carried out in accordance with the approved details under Condition 23. 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.
25. An Electric Vehicle Charging point shall be provided and be operational prior to the occupation of the dwelling hereby approved.
26. A plan detailing how the environmental impact of the construction work (Noise and Dust) will be controlled shall be submitted and approved by the Local Planning Authority prior to the commencement of work.
27. All development shall be stopped immediately in the event that contamination not previously identified is found to be present on the development site and
details of the contamination shall be reported immediately in writing to the
Local Planning Authority. Development shall not re-start on site until the following details have been
submitted to, and approved in writing by, the Local Planning Authority: -
a) a scheme outlining a site investigation and risk assessments designed
to assess the nature and extent of any contamination on the site.
b) a written report of the findings which includes, a description of the
extent, scale and nature of contamination, an assessment of all
potential risks to known receptors, an update of the conceptual site
model (devised in the desktop study), identification of all pollutant
linkages and unless otherwise agreed in writing by the Local Planning
Authority and identified as unnecessary in the written report, an
appraisal of remediation options and proposal of the preferred option(s)
identified as appropriate for the type of contamination found on site and
(unless otherwise first agreed in writing by the Local Planning
Authority)
c) a detailed remediation scheme designed to bring the site to a condition
suitable for the intended use by removing unacceptable risks to human
health, buildings and other property and the natural and historical
environment. The scheme should include all works to be undertaken,
proposed remediation objectives and remediation criteria, timetable of
works, site management procedures and a verification plan outlining
details of the data to be collected in order to demonstrate the
completion of the remediation works and any arrangements for the continued monitoring of identified pollutant linkages;
and before any part of the development is occupied or used (unless otherwise
first agreed in writing by the Planning Authority) a verification report
demonstrating the effectiveness of the remediation works carried out and a
completion certificate confirming that the approved remediation scheme has
been implemented in full shall both have been submitted to, and approved in
writing by, the Local Planning Authority.
The above site works, details and certification submitted shall be in
accordance with the approved scheme and undertaken by a competent
person in accordance with DEFRA and the Environment Agency’s ‘Model
Procedures for the Management of Land Contamination, CLR 11’.
28. In the event that contamination is found to be present, upon completion of the works the developer shall provide written confirmation (verification report) that all works were completed in accordance with the agreed remediation details approved by the Local Planning Authority.
29. Details including 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 installed within the site, which has the potential to cause noise
disturbance to any noise sensitive receivers, shall be submitted to and
approved by the Local Planning Authority before installation.
30. Prior to commencement of development and notwithstanding the approved plans, details shall be submitted to and approved in writing by the Local Planning Authority to include the exact location of the septic tank and attenuation tank. The location of the septic tank and attenuation tank shall be outside of the Root Protection Areas of trees T6 and T7. The development shall be built in accordance with the approved details. The septic tank and the attenuation tank shall be installed and operational prior to occupation and both septic tank and attenuation tank shall be retained and maintained thereafter.
31. No occupation of the dwelling 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.
Reasons:
1. This condition is imposed in accordance with the provisions of Section 91 of
the Town and Country Planning Act 1990.
2. For the avoidance of doubt and in the interests of proper planning.
3. To ensure a satisfactory standard of development in the interests of the
character and amenity of the area.
4. To ensure a satisfactory standard of development in accordance with Policy
SC1 of the Hastings Planning Strategy 2014.
5. To ensure a satisfactory standard of development in accordance with Policy
SC1 of the Hastings Planning Strategy 2014.
6. To safeguard the amenity of adjoining and future residents.
7. In the interests of the visual amenity of the area.
8. To prevent increased risk of flooding.
9. In order to secure a well-planned development that functions properly and in order to prevent increased risk of flooding.
10. 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. In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
13. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
14. In the interests of the visual amenity.
15. In the interests of the visual amenity.
16. To ensure a satisfactory form of development in the interests of the visual
amenity.
17. To ensure a satisfactory form of development in the interests of the visual
amenity.
18. To ensure a satisfactory form of development in the interests of the visual
amenity.
19. To protect the amenity of the occupiers of nearby properties.
20. To protect features of recognised nature conservation importance.
21. To protect features of recognised nature conservation importance.
22. To protect the residential amenities of the neighbouring properties and the
visual amenities of the locality.
23. To ensure a satisfactory form of development in the interests of the visual
amenity.
24. To ensure a satisfactory form of development in the interests of the visual
amenity.
25. In the interests of climate change and in accordance with the NPPF.
26. In order to protect residential amenities of neighbouring properties.
27. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
28. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
29. In order to protect residential amenities of neighbouring properties.
30. In order to secure a well-planned development that functions properly and in order to prevent increased risk of flooding.
31. In order to secure a well-planned development that functions properly and in order to prevent increased risk of flooding.
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.
The applicant is advised that 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.
The applicant is advised that should any sewer be found on site 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. For further advice contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW.
6.
The applicant is advised that reference should be made to Southern Water publication "A Guidance to Tree Planting near Water Mains and Sewers" with regard to any landscaping proposals.
7.
The applicant is advised that all existing infrastructure, including protective coating and cathodic protection, should be protected during the course of the construction works. No excavation, mounding or tree planting should be carried out within 3 metres of the public water main without consent from Southern Water. For further advice, the applicant is advised to contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk
8.
The applicant is advised that drainage associated with wastewater or sewage must be separate to, and not connected with, surface water drainage unless otherwise approved. Drainage misconnections can pollute rivers and beaches in Hastings. You must ensure that drainage from your properties does not cause pollution. Enforcement action could be taken to resolve this under the Building Act 1984. Drainage misconnections for new development which allow or cause pollution would also be contrary to Building Regulations. You are advised therefore to check your property is connected correctly and any plans for additional drainage connect to the correct foul or surface water system. You can get further advice on identifying your drainage and repairing misconnections at http://www.connectright.org.uk/.
9.
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.
10.
Your attention is drawn to the requirements of the Party Wall etc. Act 1996.
Supporting documents:
- MAP_HS_FA_20_00132 Land Adj Lidham Farm, item 264a PDF 272 KB
- HS-FA-20-00132 Lidham Farm, item 264a PDF 329 KB
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