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Agenda item
Land at Plot Px and Plot Qx, Sidney Little Road (HS/FA/21/00306)
Minutes:
Proposal
Develop a new 2 storey business incubation complex consisting of 29 units for a total area of approx 888m2 lettable space complete with 47 parking spaces.
Application No.
HS/FA/21/00306
Conservation Area
No
Listed Building
No
Public Consultation
Yes – Council application on Council owned land
The Planning Services Manager presented the application to develop a new 2 storey business incubation complex consisting of 29 units for a total area of approximately 888m2 lettable space complete with 47 parking spaces.
Since the report was published East Sussex County Council Highways Department have requested a financial contribution of £2250 towards auditing of the Travel Plan. The contribution should be made prior to first use or occupation of the offices. The recommendation has therefore changed to include this within the Section 106 legal agreement.
Plots PX and QX are situated within the Churchfields Industrial Estate accessed via Sidney Little Road. The surrounding area is predominantly industrial and the site is currently vacant, overgrown with trees and hedges.
The application is a resubmission of a previous application (reference HS/FA/19/00803) which was first considered by the Planning Committee in June 2020. Permission was granted subject to a S106 legal agreement to secure highway improvements.
During the drafting of the Section 106 legal agreement it became apparent that the application could not be determined as notice was not served to a leaseholder with a long-term lease when the application was first received. As such the application was considered to be invalid and resubmitted.
There are some differences between the previous scheme and the current application. The proposal now excludes the land to the north east of the site that is leased to a third party; the vehicular access point has been repositioned and moved further down Sidney Little Road; and a retaining wall is proposed that is approximately 2.5 metres above ground level on the south east corner of the building.
In response to questions from the Committee it was confirmed that the application includes 4 Electric Vehicle charging points.
Councillors were shown plans, photographs and elevations of the application site.
Councillor Bishop proposed approval of the recommendations, seconded by Councillor Marlow-Eastwood.
RESOLVED(unanimously) that full planning permission be granted subject to the following conditions:
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/FA/21/00306 to secure:
- a financial contribution of £12,000 towards Real Time Passenger Information to be displayed at the Bodiam Drive Bus Stop;
- a financial contribution of £5000 towards the preparation of a Traffic Regulation Order (TRO) to install double yellow lines to prevent cars parking within the visibility splays;
- a financial contribution of £2250 towards auditing of the Travel Plan;
- a Travel Plan in the form of the Travel Plan Framework;
- a S278 Agreement with ESCC highways for the detailed design of the highway works and improvements required
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 contributions. In the event that the Agreement is not completed by 4 December 2021 that permission be refused on the grounds that application does not comply with the relevant policies (Policies H3, CI1, T3, EN3, EN6, EN1, and HN1) 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 aboveGrant 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. With the exception of internal works the building works required to carry out the development allowed by this permission must only be carried out within the following times:- 08.00 - 18.00 Monday to Friday 08.00 - 13.00 on Saturdays No working on Sundays or Public Holidays.
3. The development hereby permitted shall be carried out in accordance with the following approved plans:
6400-ACC-00-GF-DR-A-1196 P1 Proposed ground Floor plan
6400-ACC-00-01- A-1120 P1 Proposed first floor plan
6400-ACC-00-03-DR-A-1130 P0 Proposed roof plan
6400-ACC-00-XX-DR-A-1180 P0 Proposed External area plan and detail
6400-ACC-00-XX -DR-A-1181 P0 Proposed External area plan and detail
6400-ACC-00-XX - DR-A-1300 P1 Proposed elevations
6400-ACC-00-XX - DR-A-1400 P1 3D Views
6400-ACC-00-XX-DR-A-1305_REVP2 Section Through Access Road
6400-ACC-00-ZZ-DR-A-0001_REVP2 Site Location Plan
6400-ACC-00-ZZ-DR-A-0003_REVP2 Topographical Survey
6400-ACC-00-ZZ-DR-A-1002_REVP5 Proposed Site Plan
6400-ACC-00-ZZ-DR-A-1003_REVP3 Proposed Visibility Splays
6400-ACC-00-ZZ-DR-A-1006_REVP6 Hard Landscaping Areas
6400-ACC-00-ZZ-DR-A-1009_REVP4 Site Plan – Hoarding Plan
6400-ACC-00-ZZ-DR-A-1010_REVP4 Site Compound and Haulage Routes 6400-ACC-00-ZZ-DR-A-1012 P0 Retaining Wall to south east corner
6400-ACC-00-ZZ-DR-A-1011 P2 Site Drainage Layout and incoming Services 6400-ACC-00-ZZ-DR-A-1008_REVP4 – Ecological Constraints and Opportunities Plan
HLA338 001REV C (9-07-21) Planting General Arrangement Plan
HLA338 002 REV C (9-7-21) Planting Plan September 2019
HLA338 PS 01 REV B (10-7-21) Planting Schedule
4. No development shall take place above ground until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
5. No external lighting shall be placed anywhere within the site without first obtaining the prior consent in writing from the Local Planning Authority. The submitted details shall include details of the type of luminaire and output measures to shield and direct light and illuminance. Thereafter lighting shall only be installed and maintained in accordance with the approved details.
6. The development shall not be occupied until the cycle parking, car parking areas and turning spaces for cycles and vehicles have been provided and constructed in accordance with the amended approved drawing no. 6400-ACC-00-ZZ-DR-A-1002_REVP5 - Proposed Site Plan. Thereafter the approved areas shall be retained for that use as approved and shall not be used for any other purpose.
7. If any identified or significant additional or unforeseen contamination is encountered, it shall be immediately notified to the Local Planning Authority. If development has started, it shall cease in the affected area and should not commence until a programme of remediation has been submitted to and approved in writing by the Local Planning Authority.
8. 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, this to be approved by the Local Planning Authority.
9. All ecological measures and/or works shall be carried out prior to commencement of this development hereby approved in accordance with the details contained in the submitted Ecological Constraints and Opportunities Plan, the Ecology and Arboricultural Report prepared by The Ash Partnership and dated August 2019, and the BREEAM 2018 Ecology Assessment prepared by JH Ecology and dated August 2020, and Page 26 submitted as part of this planning application. These ecological measures and/or works shall thereafter be maintained as approved.
10. 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.
11. The development hereby permitted shall only be carried out in accordance with the submitted Construction Environmental Management Plan (CEMP: Biodiversity) prepared by Westridge Construction Ltd and dated April 2021. The approved CEMP: Biodiversity shall be adhered to and implemented throughout the construction period in accordance with the approved details.
12. No development shall take place until details of the layout of the new access and the specification for the construction of the access which shall include details of protection markings have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the use hereby permitted shall not commence or be occupied until the construction of the access has been completed in accordance with the agreed specification. The access shall thereafter be maintained as approved.
13. The access shall not be used until visibility splays as shown on the amended Drawing no. 6400-ACC-00-ZZ-DR-A-1003_REVP3 - Proposed Visibility Splays are provided and are cleared of all obstructions exceeding 600mm in height and kept clear thereafter.
14. Prior to the commencement of the development hereby approved 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 and approved in writing by the Local Planning Authority. Thereafter the agreed surface water drainage shall be maintained as approved.
15. The development hereby permitted shall be carried out in accordance with the measures detailed in the Transport Statement 210500-01 Final, prepared by The Transportation Consultancy and dated June 2021 submitted as part of this planning application, and agreed in principle with the Local Planning Authority prior to determination.
16. The development hereby permitted shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with details which have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority and the turning space shall thereafter be retained for that use and shall not be used for any other purpose.
17. The completed access shall have maximum gradients as indicated on the approved plan drawing no. 6400-ACC-00-XX-DR-A-1305_REVP2 Section Through Access Road, and the agreed gradients shall thereafter be maintained as approved.
18. The development shall not be occupied until a grit bin has been provided within the site to reduce the occurrence of ice on the access road in accordance with submitted plan drawing no. 6400-ACC-00-XX-DR-A-1180 P0, and the grit bin shall thereafter be retained for that use and shall not be used for any other purpose.
19. 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),
* details of public engagement both prior to and during construction works.
20. The soft landscaping of the development hereby permitted shall only be carried out in accordance with the submitted Tree Planting Schedule (June 2020), Planting Schedule drawing no. HLA 344 PS 01 rev B, Planting Plan drawing no. HLA 338 002 rev C, and Planting General Arrangement Plan drawing no. HLA 338 001 rev C. The approved soft landscaping scheme shall thereafter be carried out as approved and maintained in accordance with the approved scheme.
21. 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.
22. All proposed net gains for biodiversity shall be carried out in accordance with the details contained in BREEAM 2018 Ecology assessment by JH Ecology, August 2020, and Constraints and Opportunities Plan as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.
23. 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 should be supplied to the Local Planning Authority prior to the commencement of any tree planting.
24. All arboricultural or tree measures and/or works shall be carried out prior to commencement of this development hereby approved in accordance with the details contained in the submitted Ecological and Arboricultural Report prepared by the Ash Partnership and dated August 2019, and Tree Planting Schedule submitted as part of this planning application. These arboricultural measures and/or works shall thereafter be maintained as approved.
25. No plant or equipment, for instance to heat the building, shall be installed within the building hereby permitted without first obtaining the prior consent in writing of the Local Planning Authority. The plant or equipment shall thereafter be implemented and maintained as approved.
26. Work which is audible at the site boundary and deliveries to and from the premises, during construction, shall not take place before 08:00 and after 18:00 hours Monday-Friday or before 08:00 and after 13:00 on Saturdays and at no time on Sundays or Bank Holidays.
27. (i) Prior to construction of the development hereby approved, details of the proposed means of foul sewerage and surface water disposal/management is to be submitted to and approved in writing by the Local Planning Authority. These details shall include formal agreement from Southern Water for any new connection to the Public Sewer, including evidence that Southern Water has capacity within their system to accommodate the development. Along with a maintenance and management plan for the entire drainage system identifying those responsible for managing all aspects of the surface water drainage system and piped drains.
(ii) Development shall then be carried out in accordance with the details approved under (i)
(iii) The development hereby approved shall not be occupied until evidence (including photographs) has been submitted to and approved in writing by the Local Planning Authority demonstrating that the drainage system has been constructed as per the final agreed detailed drainage designs.
28. No part of the development hereby approved shall commence until detailed drainage drawings and calculations have been submitted to and approved in writing by the Local Planning Authority.
i) The submitted details shall include evidence (in the form of hydraulic calculations) that surface water discharge rates are limited to 0.9 l/s for all rainfall events, including those with 1 in 100 (+40% for climate change) annual probability of occurrence. Such hydraulic calculations shall take into account the connectivity of the different surface water drainage features.
ii) The details of the outfall of the proposed attenuation pond and how it connects into the watercourse shall be submitted as part of a detailed design including cross sections and invert levels.
iii) Prior to the construction of the outfall, a survey of the condition of the ditch/ordinary watercourse (or sewer/drain) which will take surface water runoff from the development shall be investigated. Results of the survey shall be submitted to and approved in writing by the Local Planning Authority. Any required improvements to the condition of the watercourse/sewer/drain shall also be included and, if approved by the Local Planning Authority, implemented accordingly.
iv) 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 and the proposed attenuation pond.
b) Evidence of how these responsibility arrangements will remain in place throughout the lifetime of the development.
c) Prior to occupation of the development hereby approved evidence (including photographs) should be submitted to the Local Planning Authority showing that the drainage system has been constructed as per the final agreed detailed drainage designs.
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.
29. Notwithstanding hard landscaping details shown on the submitted drawing nos. 6400-ACC-00-ZZ-DR-A-1006_REVP6 Hard Landscaping Areas and 6400-ACC-00-XX-DR-A-1180 P0, 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 and these works shall be carried out as approved. These details shall include 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. furniture, play equipment, refuse or other storage units, signs 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 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.
30. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order), the premises hereby permitted shall be used for Class E(g)(i) Office use, and, B2 and B8 uses of the Town and Country Planning (Use Classes) Order 1987 (as amended) and for no other purpose. (including any other purpose in Class E Part 3 of the Schedule 2 to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). In addition the premises hereby approved shall not be used as a state funded school or registered nursery, and therefore rights associated with Class T of Part 3 Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) shall not apply to this permission.
31. No development, demolition, earth moving shall take place or material or machinery brought onto the site until protective fencing and warning signs have been erected on site in accordance with the approved Construction Environmental Management Plan for Biodiversity. All protective fencing and warning signs will be maintained during the construction period in accordance with the approved details.
32. When creating semi-natural habitats, all species used in the planting proposals identified in Ecology assessment by JH Ecology, August 2020 and Constraints and Opportunities Plan shall be locally native species of local provenance.
33. No development shall commence until the role and responsibilities and operations to be overseen by an appropriately competence person [eg an ecological clerk of works / ecologist ] have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.Reasons:
1. This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2. To safeguard the amenity of adjoining and future residents.
3. For the avoidance of doubt and in the interests of proper planning.
4. In the interests of the visual amenity of the area.
5. In the interests of amenity.
6. To ensure an adequate level of off-street parking to serve the development, in order that the development site is accessible by non-car modes and to meet the objectives of sustainable development, and in the interests of highway safety.
7. To ensure a satisfactory standard of development.
8. To ensure a satisfactory standard of development.
9. To protect features of recognised nature conservation importance.
10. To protect features of recognised nature conservation importance and the existing ancient woodland.
11. To ensure an acceptable form of development, and in the interests of biodiversity.
12. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
13. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
14. To ensure a satisfactory standard of development.
15. To ensure an acceptable form of development and in order that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
16. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
17. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
18. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
19. In the interests of highway safety and the amenities of the area.
20. To ensure an acceptable form of development, and in the interests of biodiversity.
21. To ensure an acceptable form of development.
22. To accordance with the requirements of the Environment Act 2020 and in order to preserve and enhance priority and protected species.
23. Biosecurity is very important to minimise the risks of pests and diseases being imported into the UK and introduced into the environment
24. To ensure an acceptable form of development.
25. To ensure an acceptable form of development.
26. To ensure an acceptable form of development.
27. To ensure a satisfactory standard of development
28. To ensure a satisfactory standard of development.
29. To ensure a satisfactory standard of development.
30. To ensure an acceptable form of development as this is an allocated employment site.
31. Irreparable damage can be done to biodiversity features on construction sites in a very short space of time, it is necessary to ensure that features to be retained are adequately identified and physically protected from accidental damage by development operations, e.g by earth moving machinery.
32. To conserve and enhance biodiversity by protecting the local floristic gene pool that has evolved within the local landscape, and to prevent the spread of non-native species and those of no local provenance.
33. To ensure adequate professional ecological expertise is available onsite during construction to assist those implementing the development to comply with statutory requirements, planning conditions and any relevant protected species licences.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. This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).
4. Consideration should be given to the provision of a domestic sprinkler system.
5. The proposed activities may constitute a prescribed process under the Environmental Protection Act 1990. Please contact the Environmental Protection Team on: 01424 451079 for further information.
6. 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
7. The applicant will be required to enter into a Section 278 legal agreement with East Sussex County Council, as Highway Authority, for the off-site highway works. This includes the construction of the new access and advisory keep clear marking across the junction. The applicant is requested to contact the Transport Development Control Team (01273 482254) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the agreement being in place.
8. The applicant is advised of the requirement to enter into discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. The applicant should contact the Transport Development Control Team (01273 482254).
9. The applicant is advised of the requirement to enter into discussions with and obtain the necessary licenses from the Highway Authority to cover any temporary construction related works that will obstruct or affect the normal operation of the public highway prior to any works commencing. These temporary works may include, the placing of skips or other materials within the highway, the temporary closure of on-street parking bays, the imposition of temporary parking restrictions requiring a Temporary Traffic Regulation Order, the erection of hoarding or scaffolding within the limits of the highway, the provision of cranes over-sailing the highway. The applicant should contact the Transport Development Control Team (01273 482254).
10. The applicant is advised that Advertisement Consent is required for the proposed Totem Sign.Supporting documents:
- MAP-HS-FA-21-306 Land at Plot Px and Plot Qx, Sidney Little Road, item 289a PDF 291 KB
- HS-FA-21-306 Land at Plot Px and Plot Qx, Sidney Little Road, item 289a PDF 247 KB
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