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Agenda item
Ashdown House, Sedlescombe Road North (HS/FA/21/00003)
Minutes:
Proposal
Erection of a total of 151 no. dwellings (C3) and a 188 sq.m community centre (Use Class F2(b)) accessed from Harrow Lane, together with a 1,918 sq.m food retail store (Use Class E(a)) accessed from Sedlescombe Road North, and associated car parking, landscaping and servicing areas following demolition of the existing buildings (amended description)
Application No
HS/FA/21/00003
Conservation Area
No
Listed Building
No
Public Consultation
Yes – 12 objections received
Councillor Bacon arrived late and did not take part in the discussion and voting for this item.
The Assistant Planning Manager presented this application for the erection of 151 dwellings, a community centre and a new retail store. There are 3 updates. There has been an additional representation from Tesco and three additional comments from a member of the public. On page 28, Section 7 (Conclusion) – typographical error which should say “affordable” rent rather than “social” rent.
The Assistant Planning Manager showed a location plan, aerial view and drawings of the site. A typical street scene image showing dwellings between two and four stories with detached, semi-detached, and terraced houses. Illustrative images were shown of the pocket parks.
A slide was shown highlighting key areas of concern in light of representations received, which related to retail matters, the community centre, highway impact and other infrastructure, the pocket parks and the adequacy of the officers report in relation to the previous deferral.
The Assistant Planning Manager explained how the National Planning Policy Framework requires new retail development to be located in town centres first, and if that can't be accommodated then you look at edges of town centres before you look at out of town centre. This is an out-of-town centre location which means that you have to apply a Sequential Test, which was submitted with the application. As an authority we raised concerns and the developers came back with an addendum, which further considered alternative sites. Independent legal advice was sought in terms of the parameters used in applying the Sequential Test.
The Assistant Planning Manager explained that concerns were raised regarding the lack of a Retail Impact Assessment. This isn't required for developments that are less than 2,500 square meters. This development is less than 2,000 square meters so for this reason, the Retail Impact Assessment was not insisted upon.
The impact on the highway network has been discussed with the Highways Authority (ESCC) and Highways England. Neither have raised objections to the scheme.
The Assistant Planning Manager explained that the community centre has conditions and provisions that a needs assessment and management plan be submitted to HBC before construction to ensure the centre is managed properly and is fit for purpose. The pocket parks have a condition number 43 which makes sure they are fit for purpose.
The Assistant Planning Manager explained that Para 11d of the National Planning Policy Framework which requires decision makers to apply a presumption in favour of sustainable development. This means granting planning permission unless the impacts of doing so significantly and demonstrably outweigh the benefits when assessed against policies in local plans and the National Planning Policy Framework. In accordance with paragraph 11d, Hastings Borough Council cannot demonstrate a 5 year housing land supply, and therefore the tilted balance is engaged.
Planning balance was highlighted and how 17 homes for affordable rent have been secured. There will be a new pedestrian and cycle connection to nearby sites including a crossing point and a new community centre.
Councillor Edwards as the Ward Councillor addressed the Committee. He had 6 questions he wanted to answer regarding the scheme. These were do we need more housing in Hastings, to which he answered yes, is the site suitable, to which he answered yes, is the developer competent to complete the job, to which he answered yes, is there reasonable profit to be made from the project, to which he answered yes. Is the retail store needed, to which the answer was to let the market decide but competition will lead to wider choice? Does the housing scheme meet the highest design and environmental standards, to which he answered yes. Councillor Edwards commended the Officer’s report and gave the application his support.
The councillors debated.
Councillor Beaver proposed approval of the recommendation, seconded by Councillor Scott
RESOLVED (8 votes for, 1 vote against) Grant permission subject to the following:
A) That the Planning Services Manager be authorised to issue planning permission upon completion of an agreement under S106 of the Town and Country Planning Act to secure:
• 17 affordable rented units on site in 2 apartment blocks in the form of 2 x 1 bed and 15 x 2 bed apartments.
• A S278 agreement with East Sussex County Council as Highway Authority to secure the required Highway works:
1) Pedestrian access point onto Harrow Lane and uncontrolled pedestrian
crossing point with refuge on Harrow Lane with dropped kerb/tactile paving
2) All vehicle access onto Harrow Lane to include pedestrian footways and right turn facility for cyclists
3) Revised access construction for all vehicle access and footway onto
Sedlescombe Rd North (A21) to be either priority or signalised junction.
Modelling supports both arrangements.
4) Uncontrolled pedestrian crossing on Sedlescombe Road North (A21) to connect the food store site to bus stop with refuge and dropped kerb facilities and tactile paving
5) Bus stop upgrades to provide shelters (where none are present), accessibility
kerbs, bus clearway and RTPI for closest north and southbound stops on
Sedlescombe Road North; and north and southbound stops on Harrow Lane.
· A Travel Plan for both residential and retail development proposals and Travel Plan Audit Fee - £6,000
· The provision of a Real Time Passenger Information board within the retail use car park.
· Unallocated parking spaces be retained as unallocated and do not become allocated to a particular dwelling
Along with financial contributions for:
· Bus stop maintenance - £30,000
· Play area (off site) towards cost of three play areas at Welton Rise - £56,512.50
· Libraries - £39,713
· Rights of Way contribution towards improvement of public footpath 'Hastings 129'- £3,624
· Sussex Police - £47,411.31
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/infrastructure.
In the event that the Agreement is not completed by 8 June 2022, that the application be refused on the grounds that it does not comply with the relevant Policies (Policies H3 and CI1) of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 or the Hastings Local Plan, Development Management Plan unless an extension of time has been agreed in writing by the Planning Services Manager in consultation with the Chair and Vice Chair of the Planning Committee.
B) Subject to the above
Grant 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:
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3. 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.
4. 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.
5. 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 4 above.
6. Prior to the construction of the approved community facility building a written
assessment of the need and demand for the space falling within Use Class
F2(b) to serve the needs of the community shall be submitted to and
approved in writing by the Local Planning Authority. The Assessment shall
include:
a) An assessment of the existing provision of and demand for community
facilities within the vicinity of the application site;
b) An assessment of the community uses that could reasonably be
accommodated within the community facility building;
c) Details of how potential occupiers of the community facility building have
been identified and consulted;
d) A reasoned conclusion as to whether the 188 sq.m of community use
floorspace can be secured for Use Class F2(b). Should it not be possible
to secure the community use floorspace for Use Class F2(b) a reasoned
conclusion as to the use the floorspace could reasonably be put to; and,
e) Details of the future management of the community use floorspace.
The community facility building shall be constructed and operated in
accordance with the approved details set out in the Assessment unless
otherwise agreed in writing with the Local Planning Authority.
7. No development above ground shall take place until there has been
submitted to and approved in writing by the Local Planning Authority a
scheme of soft landscaping. New soft landscaping details shall include
planting plans; written specifications (including cultivation and other
operations associated with plant and grass establishment); schedules of
plants and trees, noting species, sizes and proposed numbers/densities
where appropriate together with an implementation programme.
8. 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.
9. No development shall take place, including any ground works or works of
demolition, until a Construction Management Plan to take account of
highway and environmental protection issues, 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:
· a programme and phasing of the demolition and construction work,
including roads, footpaths, landscaping and open space
· location of temporary site buildings, compounds, construction material,
and plant storage areas used during demolition and construction
· 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
· measures to minimise the noise (including vibration) generated by the
construction process to include hours of work, proposed method of piling
for foundations, the careful selection of plant and machinery and use of
noise mitigation barrier(s)
· details of any floodlighting, including location, height, type and direction
of light sources and intensity of illumination
· measures to control the emission of noise, dust and dirt during
construction
· a scheme for recycling/disposing of waste resulting from demolition and
construction works
· protection of pedestrian routes during construction
· restoration of any damage to the highway [including vehicle crossovers
and grass verges]
An indicative programme for carrying out the works should be included
within the Plan.
10. Prior to the commencement of development, a detailed surface water
drainage strategy shall be submitted to, and approved in writing, by the
Local Planning Authority. The surface water drainage system shall
incorporate the following:
a) Detailed drawings and hydraulic calculations. The hydraulic calculations
shall take into account the connectivity of the different surface water
drainage features. The calculations shall demonstrate that surface water
flows can be limited to the discharge rates agreed with Southern Water
for rainfall events including those with a 1 in 100 (plus climate change)
annual probability of occurrence. An allowance for urban creep
(recommended 10% increase in impermeable area) shall be incorporated
within the calculations.
b) Evidence that Southern Water has agreed to the proposed discharge
rates and connections shall be provided.
c) The detailed design of the attenuation pond, tanks and rain gardens shall
be informed by findings of groundwater monitoring between Autumn and
Spring. The design should leave at least 1m unsaturated zone between
the base of the drainage structures and the highest recorded
groundwater level. In the event this cannot be achieved, details of
measures which will be taken to manage the impacts of high
groundwater on the hydraulic capacity and structural integrity of the
drainage system shall be provided.
d) Details of measures which will be taken to manage overland surface
water flows from the site without increasing flood risk to Sedlescombe
Road North and Harrow Lane shall be provided.
e) Details of the measures proposed to manage exceedance flows shall be
submitted to the Local Planning Authority. This should also include
details of how the existing overland surface water flows have been
retained.
f) 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.
11. 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) Who will be responsible for managing all aspects of the surface water
drainage system, including piped drains.
b) Evidence of how these responsibility arrangements will remain in place
throughout the lifetime of 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.
12. Prior to the commencement of development, 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, required by Condition
9 of this consent.
13. Prior to occupation of the development, evidence (including as built drawings
and photographs) shall be submitted to the Local Planning Authority
showing that the drainage system has been constructed as per the final
agreed detailed drainage designs.
14. Work which is audible at the site boundary and deliveries to and from the
premises shall not take place before 08:00 and after 18:00 hours
Monday-Friday or before 09:00 and after 13:00 on Saturdays and at no time
on Sundays or Bank Holidays.
15. Prior to occupation of any part of the development, a report on any lighting
scheme, such as flood lighting or security lighting, during the operational
phase of both the retail and residential elements of the scheme, must be
submitted to, and approved in writing by the Local Planning Authority
detailing the provisions for the avoidance of 'Spill Light', that is to say light
that obtrudes beyond the area it was intended to light and into surrounding
areas or onto surrounding properties.
With regard to the retail element of the scheme in particular, details should be provided that confirms external lighting will be on a timer and the
specified hours when the site is in use; that the lighting will be orientated
away from the residential properties; and fitted with baffle plates to prevent
light backspill.
A detailed lighting scheme should also be provided in respect of the
pedestrian connection from the site through to the A21, with a particular
focus on safety and security.
The lighting scheme shall thereafter be implemented and maintained as
approved.
16. Prior to the commencement of development, the recommendations set out
in the submitted Land Contamination Report (Discovery, Dec 2020) in
relation to underground tanks and the need for an intrusive investigation
must be undertaken. This should include relevant soil, soil gas, surface and
groundwater sampling, properly assess the risks to end user groups and be
carried out by a suitably qualified and accredited consultant/contractor in
accordance with a quality assured sampling and analysis methodology.
17. A detailed site investigation for the presence of contaminants, methane and
carbon dioxide in soil shall be submitted to and approved in writing by the
Local Planning Authority prior to the commencement of construction works
on site.
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 any part of 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 the Local Planning Authority with written confirmation that all works were completed in
accordance with the agreed details.
18. In the event that contamination is found at any time when carrying out
proposed development, that was not previously identified (such as Asbestos
from building demolition), it must be reported in writing immediately to the
Local Planning Authority with proposed remediation measures.
19. 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, to be approved by the Local Planning Authority.
20. Details, including acoustic specifications of all fixed plant, machinery and
equipment associated with air moving equipment (including fans, ducting
and external openings) installed within the site which has the potential to
cause noise disturbance to any noise sensitive receivers, shall be submitted
to and approved in writing by the Local Planning Authority prior to
installation.
21. The development shall not be occupied until details of refuse storage,
including enclosures, for both the residential and commercial elements of
the scheme, have been submitted to and approved in writing by the Local
Planning Authority. If the refuse bins or storage area is located within a
building, suitable ventilation and sound proofing, where appropriate, shall be
included within the details. Details shall also include refuse bin collection
points, where relevant.
No part of the development shall be occupied until the all the approved
details have been implemented. The refuse store and bin collection points
shall thereafter be retained in perpetuity.
22. Prior to occupation of the dwellings hereby approved, and the
commencement of the use of the retail unit hereby approved, details must
be submitted to and approved in writing by the Local Planning Authority with
regard to the provision of Electric Vehicle Charging Points. As a minimum,
this should include:
a) At least one Electric Vehicle Charging Point at each of the dwellings with
dedicated 'on plot' parking.
b) At least 4 Electric Vehicle Charging Points within the boundary of the
retail store and car parking area.
The Electric Vehicle Charging Points shall thereafter be retained for that
purpose.
23. No development shall take place above ground until details of the materials
to be used in the construction of the external surfaces of the residential and
retail developments 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.
24. Before the dwellings hereby approved are occupied, provision shall be made
for the ability to connect to fibre-based broadband.
25. No development shall take place until the measures outlined in the
submitted ecological and other 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:
· Arboricultural Implications Report Rev A (SAJ Trees, September 2021)
· Ecological Assessment (Ecology Solutions, December 2020)
· Flood Risk Assessment and Drainage Strategy, December 2020)
· Air Quality Assessment (Stuart Michael Associates, May 2021)
· Noise Assessment (Stuart Michael Associates, September 2021)
· Noise and Air Quality Technical Note (Stuart Michael Associates,
September 2021).
26. 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, which should include measures
to protect badgers from being trapped in open excavations and/or pipes
and culverts);
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 in accordance with the approved details.
27. 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 (Biodiversity). All protective fencing and
warning signs will be maintained during the construction period in
accordance with the approved details.
28. No works which include the creation of trenches or culverts or the presence
of pipes shall commence until measures to protect badgers from being
trapped in open excavations and/or pipe and culverts are submitted to and
approved in writing by the Local Planning Authority. The measures may
include:
a) creation of sloping escape ramps for badgers, which may be achieved by
edge profiling of trenches/excavations or by using planks placed into
them at the end of each working day; and
b) open pipework greater than 150 mm outside diameter being blanked off
at the end of each working day.
29. No development shall take place until an Ecological Design Strategy (EDS)
addressing reptile translocation has been submitted to and approved in
writing by the Local Planning Authority. The EDS shall include the following:
a) Purpose and conservation objectives for the proposed works;
b) Review of site potential and constraints;
c) Detailed design(s) and/or working method(s) to achieve stated
objectives;
d) Extent and location/area of proposed works on appropriate scale maps
and plans;
e) Type and source of materials to be used where appropriate, eg native
species of local provenance;
f) Timetable for implementation demonstrating that works are aligned with
the proposed phasing of development;
g) Persons responsible for implementing the works;
h) Details of initial aftercare and long-term maintenance;
i) Details for monitoring and remedial measures;
j) Details for disposal of any wastes arising from works.
The EDS shall be implemented in accordance with the approved details and
all features shall be retained in that manner thereafter.
30. A Landscape and Ecological Management Plan (LEMP) shall be submitted
to, and be approved in writing by, the Local Planning Authority prior to first
occupation and use of the development hereby approved. The content of
the LEMP shall include the following:
a) Description and evaluation of features to be managed;
b) Ecological trends and constraints on site that might influence
management;
c) Aims and objectives of management;
d) Appropriate management options for achieving aims and objectives;
e) Prescriptions for management actions, together with a plan of
management compartments;
f) Preparation of a work schedule (including an annual work plan capable
of being rolled forward over a five-year period;
g) Details of the body or organisation responsible for implementation of the
plan;
h) Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s)
by which the long-term implementation of the plan will be secured by the
developer with the management body(ies) responsible for its delivery. The
plan shall also set out (where the results from monitoring show that
conservation aims and objectives of the LEMP are not being met) how
contingencies and/or remedial action will be identified, agreed and
implemented so that the development still delivers the fully functioning
biodiversity objectives of the originally approved scheme. The approved
plan will be implemented in accordance with the approved details.
31. No development except demolition and earth moving shall take place until
technical details of the layout of the reconstructed accesses and the
specification for the construction of the access which shall include details of
junction type (A21 access) have been submitted to and approved in writing
by the Local Planning Authority in consultation with the Highway Authority
and the developments hereby permitted shall not be occupied or brought
into use 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.
32. The reconstructed vehicular access onto Harrow Lane shall not be brought
into use until visibility splays of 2.4m by 43m are provided in both directions
and maintained thereafter.
33. 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 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
motor vehicles.
34. The proposed parking spaces shall measure at least 2.5m by 5m (add an
extra 50cm where spaces abut walls).
35. 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), the car ports hereby approved shall
remain unaltered and shall not be enclosed.
36. The development shall not be occupied until cycle parking areas have been
provided in accordance with the approved plans (in respect of the retail
component of the approved development) and details which have been
submitted to and approved in writing by the Local Planning Authority in
consultation with the Highway Authority (in respect of the residential
component of the approved development) and the areas shall thereafter be
retained for that use and shall not be used other than for the parking of
cycles.
37. The development shall not be occupied until a turning space for vehicles has
been provided and constructed in accordance with the approved plans (both
retail and residential uses) and the turning space shall thereafter be retained
for that use and shall not be obstructed.
38. The new estate roads (residential) shall be designed and constructed to a
standard approved in writing by the Local Planning Authority in accordance
with the Highway Authority's standards with a view to their subsequent
adoption as a publicly maintained highway.
39. Prior to the commencement of development on site, detailed drawings,
including levels, sections and constructional details of the proposed road[s],
surface water drainage, outfall disposal and street lighting to be provided,
shall be submitted to the Local Planning Authority and be subject to its
approval in writing, in consultation with the Highway Authority.
40. No development shall take place, including demolition, on the site until an
agreed pre-commencement condition survey of the surrounding highway
network has been submitted and approved in writing by the Local Planning
Authority. Any damage caused to the highway as a direct consequence of
the construction traffic shall be rectified at the applicant's expense.
41. No part of the development shall be occupied until a Servicing Management
Plan for the retail use has been submitted and approved in writing by the
Local Planning Authority. This shall set out the arrangements for the loading
and unloading of deliveries, in terms of location and frequency, and set out
arrangements for the collection of refuse. Once occupied the use shall be
carried out only in accordance with the approved Service Management Plan.
42. 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 BS5837:2012: Trees in relation to
design, demolition and construction, 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.
43. Prior to first occupation of the residential component of the approved
development a Scheme for the layout, configuration and future
management/maintenance of the proposed pocket parks shall be submitted
to and approved in writing by the Local Planning Authority. The Scheme
shall include details of:
a) The layout and configuration of the pocket parks
b) The hard and soft landscape details
c) Seating
d) Lighting
e) Fencing/railings/protection from roads (as necessary)
f) Future management and maintenance.
The pocket parks shall be constructed and thereafter maintained in
accordance with the approved details within the Scheme unless otherwise
agreed in writing with the Local Planning Authority.
44. Prior to the commencement of development, a full mitigation strategy in
respect of the Concrete Batching Plant, comprising any potential constraints
on its operation and its impact upon residential amenities of the dwellings
hereby approved, shall be submitted to and approved in writing by the Local
Planning Authority, in consultation with the Waste and Minerals Authority
(East Sussex County Council). The Mitigation Strategy shall include (but not
be limited to) full mitigation measures relating to:
a) Noise;
b) Dust;
c) Air Quality;
d) Traffic
e) Lighting; and
f) Visual Impact
The Concrete Batching Plant Mitigation Strategy shall thereafter be implemented and maintained as approved in perpetuity.
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 safeguard the amenity of adjoining residents.
4. To ensure that the archaeological and historical interest of the site is
safeguarded and recorded to comply with the National Planning Policy
Framework.
5. To ensure that the archaeological and historical interest of the site is
safeguarded and recorded to comply with the National Planning Policy
Framework.
6. To ensure the proposed community facility is used and provided for the
benefit of existing and future residents, in accordance with Policy HC3 of the
Development Management Plan 2015.
7. To secure a well-planned development that functions well and in order to
protect the visual amenities of the locality.
8. To secure a well-planned development that functions well and in order to
protect the visual amenities of the locality.
9. In the interests of highway safety and the amenities of the area and to
minimise the amount of construction and demolition waste being disposed of
in landfill sites in accordance with the East Sussex County Council
Supplementary Planning Document on Construction and Demolition Waste.
10. In order to secure a well-planned development that functions properly and in
order to prevent increased risk of flooding.
11. In order to secure a well-planned development that functions properly and in
order to prevent increased risk of flooding.
12. In order to secure a well-planned development that functions properly and in
order to prevent increased risk of flooding.
13. In order to secure a well-planned development that functions properly and in
order to prevent increased risk of flooding.
14. To safeguard the amenity of adjoining and future residents.
15. To safeguard the amenity of adjoining and future residents.
16. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
17. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
18. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
19. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
20. To safeguard the amenity of adjoining and future residents.
21. In order to secure a well planned development that functions well, protects
the visual amenities of the area and the living conditions of future residents.
22. To promote the reduction of CO2 emissions through the use of low
emissions vehicles in accordance with policies contained in the NPPF.
23. In the interests of the visual amenity of the area.
24. To ensure the development complies with Policy SC1 of the Hastings Local
Plan: The Hastings Planning Strategy.
25. To protect features of recognised nature conservation importance.
26. To ensure that any adverse environmental impacts of development activities
are mitigated.
27. 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, eg by earth moving
machinery.
28. To ensure badgers are not trapped and harmed on site and to prevent
delays to site operation.
29. To ensure that any adverse environmental impacts of development activities
can be mitigated, compensated and restored and that the proposed design,
specification and implantation can demonstrate this.
30. Biological communities are constantly changing and require positive
management to maintain their conservation value. The implementation of a
LEMP will ensure the long term management of habitats, species and other
biodiversity features.
31. To ensure the safety of persons and vehicles entering and leaving the
access and proceeding along the highway.
32. To ensure the safety of persons and vehicles entering and leaving the
access and proceeding along the highway.
33. To ensure the safety of persons and vehicles entering and leaving the
access and proceeding along the highway.
34. 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.
35. 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.
36. In order that the development site is accessible by non car modes and to
meet the objectives of sustainable development.
37. To ensure the safety of persons and vehicles entering and leaving the
access and proceeding along the highway.
38. In the interest of highway safety and for this benefit and convenience of the
public at large.
39. In the interests of highway safety and for the benefit and convenience of the
public at large.
40. In the interests of highway safety and the amenities of the area.
41. To safeguard the operation of the public highway.
42. To protect trees and hedges that positively contribute to the visual amenity
of the area or contribute to the overall landscaping scheme of the site that
forms an essential part of the overall design of the development. To protect
trees that are noted as forming part of a habitat or foraging area for priority
and protected species.
43. To ensure a satisfactory standard of development.
44. To safeguard existing Waste and Minerals sites, and to protect residential
amenity of future residents.
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. The development subject to this application falls within a highlighted proximity of a mains gas pipe which is considered a major hazard. The applicant is strongly advised to contact the pipeline operator PRIOR to ANY works being undertaken.
Southern Gas Networks Plc
SGN Plant Location Team
95 Kilbirnie Street
Glasgow G5 8JD
Tel: 01414 184093 OR 0845 0703497
Search online at:
www.linesearchbeforeyoudig.co.uk
SGN personnel will contact you accordingly.
Please also be advised that there should be no mechanical excavations taking place above or within 0.5m of a low/medium pressure system or above or within 3.0m of an intermediate pressure system. You should, where required confirm the position using hand dug trial holes.
Safe digging practices in accordance with HSE publication HSG47 “Avoiding Danger from Underground Services” must be used to verify and establish the actual position of the mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all relevant people (direct labour or contractors) working for you on or near gas pipes.
5. Should your excavation affect UKPN Extra High Voltage equipment (6.6 KV, 22 KV, 33 KV or 132 KV), please contact them to obtain a copy of the primary route drawings and associated cross sections. Plan Provision: 0800 056 5866.
6. Excavations must be carried out in line with the Health and Safety Executive guidance document HSG 47. A copy of HSG 47 can be obtained from the Health and Safety Executives website.
7. 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.
8. Consideration should be given to the provision of a domestic sprinkler system.
9. A formal application for connection to the public foul sewerage system is required in order to service this development. Please read the New Connections Services Charging Arrangements documents which are published at https://beta.southernwater.co.uk/infrastructure-charges
10. The application site drains surface water runoff to the Pevensey and Cuckmere Water Level Management Board internal drainage district, which is downstream of the application site. Therefore, the applicant is advised that surface water discharge rates need to be agreed with the Board. This should be done before fixing the development layout.
Supporting documents:
- MAP HS-FA-21-00003 - Ashdown House, item 315a PDF 527 KB
- HS-FA-21-00003 Ashdown House, Sedlescombe Road North, item 315a PDF 263 KB
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