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Agenda item
Harrow Lane Playing Fields, Harrow Lane (HS/DS/21/01044)
(S Wood, Assistant Planning Manager)
Minutes:
Proposal
Approval of Reserved Matters relating to appearance, landscaping, layout and scale pursuant to Outline Planning Permission HS/OA/17/00901 (Outline application,(seeking approval of Access) for the erection of 140 residential units (22 no. 4-bed, 61 no. 3-bed, 36 no. 2-bed, 21 no. 1-bed units) of which fifty six are 'affordable homes', public open space, access and landscaping at Harrow Lane Playing Fields, St Leonards-on-sea.)
Application No
HS/DS/21/01044
Conservation Area
No
Listed Building
No
Public Consultation
Yes – 30 objections received
The Assistant Planning Manager presented this application for the approval of Reserved Matters relating to appearance, landscaping, layout and scale following the previous approval of outline consent in 2019, for the erection of 140 residential units on the site.
Since the report was published there are some updates. The Highway Authority has removed their objection following minor amendments to the parking layout. This has created some amendments to Conditions 1 and 10 updating approved plan numbers. There is a new condition 16 relating to the provision of cycle parking areas. New Condition 17 relates to the specification of the construction of accesses to be approved in writing. New Condition 18 relates to the details of the roads to be approved in writing.
Slides were shown. These were a location plan, block plan showing the proposed layout and an aerial view of the site as it now. Photographs of the site were shown. An image of the amendment to the parking layout was shown. A slide of the proposed elevations of the buildings were shown. Some perspective views were shown to give an idea of what the site would look like should it be developed and taking account of the Central Greens.
The Assistant Planning Manager advised the Planning Committee that this is an allocated site with Outline Planning Consent. The principle of the development, including the number of homes has already been agreed through the outline consent as well as the Local Plan process. So has the impact on strategic infrastructure. The site layout takes account of what is in the adopted Local Plan in terms of the quantum of development and the broad design brief that was set out within that. The three-character areas provide clear definition between them, creating a good sense of place within the development. The site is well thought out, providing pedestrian and cycle links which link up with the existing rights of way. The level of affordable housing has been a contentious issue. This application is for Reserved Matters, relating to appearance, landscaping, layout and scale only. Affordable housing is not a reserved matter and so cannot be considered here. Affordable housing has been considered as part of the Outline consent and its related Section 106 Agreement.
Cllr Edwards as the Ward Councillor addressed the Planning Committee. He explained he had attended the pre planning forum in October 2016 where residents had spoken against the proposed application. In 2019 Outline Planning Permission was granted with overwhelming opposition from local residents. The objections cited were the principle of the development, the loss of green space, the lack of infrastructure, traffic and overdevelopment. In 2021 a deal was reached with Ilke Homes based in Yorkshire who construct modular homes. In its Statement of Community Involvement, the applicant described how they contacted hundreds of residents online, seeking their opinions on the scheme. However, only eight people, including Councillor Edwards, replied and only one was partially supportive. The online consultation really was not effective in reaching out to people and seeking opinion. Councillor Edwards explained his concerns regarding the carbon footprint of transporting the housing units from Yorkshire and the loss of green land.
Councillor Edwards explained the proposed development doesn't meet the three (economic, social and environmental) overarching objectives contained in paragraph 8 of the National Planning Policy Framework. The site is not the right place or time to meet the economic case for development, the social case also falls short by seeking to build 100% affordable homes, there is not a range or a variety of homes to meet the needs of present or future generations. 140 gas powered homes will create a huge carbon footprint.
The Assistant Planning Manager responded that the loss of green space has been agreed at the outline consent stage. A lot of modelling has been completed in terms of the impact on the highway network. East Sussex County Council as the Highway Authority do not have any concerns about the impact on the highway network. The pre application consultation process is not a statutory requirement, the sale of land is not something that could be considered as material to determine this planning application.
The Assistant Planning Manager responded to concerns about affordable housing and advised that a change in tenure is not classed as development and does not require a planning application.
Councillors debated.
Councillor Roberts proposed approval of the recommendation, seconded by Councillor Sinden.
RESOLVED (5 for, 3 against and 1 abstention)
Approve Reserved Matters subject to the following conditions:
1. The development hereby permitted shall be carried out in accordance with
the following approved plans:
DR-L-0101 P04, DR-L-0102 P03, DR-L-0103 P02, DR-L-0104 P02,
DR-L-0105 P03, DR-L-0106 P03, DR-L-0107 P02, DR-L-0108 P03 and
DR-L-0901 P05
P21-485-SK100 P6, P21-485-SK102 P7, P21-485-SK110 P5,
P21-485-SK111 P3 and P21-485-SK112 P3
9969-PL-01A, 9969-PL-02C, 9969-PL-03AA, 9969-PL-04B, 9969-PL-05M,
9969-PL-07F, 9969-PL-10G, 9969-PL-11G, 9969-PL-12H, 9969-PL-13B,
9969-PL-15J, 9969-PL-16F, 9969-PL-17C, 9969-PL-18B, 9969-PL-30H,
9969-PL-31K, 9969-PL-34, 9969-PL-35I, 9969-PL-36G, 9969-PL-37E,
9969-PL-38F, 9969-PL-39E, 9969-PL-41D, 9969-PL-42D, 9969-PL-43,
9969-PL-50G
TR19-3109-RSW-V1 and WLC523-1300-001 P4
Tree Protection Plans - NO.1 and NO.3
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. No development shall take place above ground until details of the materials
to be used in the construction of the external surfaces of the dwellings
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.
4. Prior to the commencement of development, a further assessment in respect
of the noise and visual impacts from 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
Assessment should provide full mitigation measures where necessary. The
Concrete Batching Plant Mitigation Strategy shall thereafter be implemented
and maintained as approved in perpetuity.
5. No development shall take place until the measures outlined in the submitted
ecological statements and reports have been fully implemented unless the
scheme(s), or programme(s) of measures contained within the ecological
statements and reports is otherwise first varied, by way of prior written
approval from the Local Planning Authority. The submitted reports are:
- Ecology Statement (Derek Finnie Associates, November 2021)
- Air Quality Letter (RPS, February 2022)
- Arboricultural Survey (Treetec Consultancy Ltd, November 2021)
6. No development shall take place above ground until there has been
submitted to and approved by the Local Planning Authority a scheme of soft
landscaping, which shall identify of all existing trees and hedgerows on the
land and include 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. Details shall also
include any earthworks proposed, their form, associated land levels and
relationship to the wider landscape.
Specifically, the soft landscaping scheme must also include details of
softening boundary treatments where blank walls face towards roads (Plots
1, 64, 70 and 132) and increase the density of planting along the main
access into the site from Harrow Lane as well as the areas of open space.
7. 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.
8. 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.
9. All works shall be carried out in accordance with advice contained within the
Geo-Environmental Report (RSK GeoSciences, October 2021) and shall be
fully implemented before the development is first occupied. Any variation to
the scheme shall be agreed in writing with the Local Planning Authority in
advance of works being undertaken. Any further contamination shall be fully
assessed, and an appropriate remediation scheme submitted to the Local
Planning Authority for written approval prior to continuation of those works.
10. No part of the development shall be occupied until the car parking spaces
[and turning areas] have been constructed and provided in accordance with
approved plan 9969 PL11 Rev G. The area[s] shall thereafter be retained for that use and shall not be used for any purpose other than the parking and turning of
vehicles.
11. Car parking spaces shall measure 2.5m by 5m (with an extra 50cm on either
dimension when adjacent to a wall or fence).
12. The new estate roads shall be designed and constructed to a standard
approved by the Local Planning Authority in accordance with Highway
Authority's standards with a view to their subsequent adoption as a publicly
maintained highway.
13. Prior to the commencement of development of the dwellings above ground,
the new estate roads that service that dwelling shall be completed to base
course level, together with the surface water and foul sewers and main
services to the approval of the Local Planning Authority in consultation with
the Highway Authority. Evidence of this must be submitted to and approved
in writing by the Local Planning Authority.
14. Internal Roads - No part of the development shall be occupied until the
road(s), footways and parking areas serving that part of the development
have been constructed, surfaced, drained and lit in accordance with plans
and details submitted to and approved in writing by the Local Planning
Authority
15. All works shall be carried out in accordance with advice contained within the
Lighting Impact Assessment (RPS, February 2022) and shall be fully
implemented before the development is first occupied. Any variation to the
scheme shall be agreed in writing with the Local Planning Authority in
advance of works being undertaken.
16.The development shall not be occupied until cycle parking area[s] have been provided in accordance with plan 9969 PL11 rev G and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles
17.The development shall not commence until details of the layout of the new access and the specification for the construction of the access which shall include details of right turn lane and cycle facility have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority (s278) and the development shall not be occupied until the construction of the access has been completed in accordance with the agreed specification.
18.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 consultation with the Highway Authority as part of a s38 agreement.
Reasons:
1. For the avoidance of doubt and in the interests of proper planning.
2. To safeguard the amenity of adjoining residents.
3. To ensure a satisfactory standard of development.
4. To safeguard existing Waste and Minerals sites, and to protect residential
amenity of future residents.
5. To protect features of recognised nature conservation importance.
6. To secure a well-planned development that functions well and in order to
protect the visual amenities of the locality.
7. To secure a well-planned development that functions well and in order to
protect the visual amenities of the locality.
8. 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.
9. To protect those redeveloping the site, future occupants and neighbouring
sites and occupants from potential landfill gases and soil contamination.
10. To ensure the safety of persons and vehicles within the site, entering and
leaving the access and proceeding along the highway.
11. To ensure a well-planned development that functions well.
12. In the interests of highway safety and for the benefit and convenience of the
public at large.
13. In the interests of highway safety and for the benefit and convenience of the
public at large.
14. In the interests of highway safety and for the benefit and convenience of the
public at large.
15. To safeguard the amenity of adjoining and future residents.
16.
In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
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.
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. Consideration should be given to the provision of domestic sprinkler
systems.
5. 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.
6. In line with National Policy, namely paragraph 187 of the National Planning
Policy Framework, should the applicant/developer discover any potential
sensitivity of proposed non-mineral development to the operation of the CBP
or any impact of the non-mineral development on the CBP, suitable
mitigation must be provided, in consultation with the Local Planning Authority
and the Minerals Planning Authority.
7. The applicant is reminded that, under the Conservation of Habitats and
Species Regulations 2017 (as amended) and the Wildlife and Countryside
Act 1981 (as amended), it is an offence to: deliberately capture, disturb,
injure or kill great crested newts; damage or destroy a breeding or resting
place; deliberately obstructing access to a resting or sheltering place.
Planning consent for a development does not provide a defence against
prosecution under these acts. Should great crested newts be found at any
stages of the development works, then all works should cease, and Natural
England should be contacted for advice.
More details on the district licensing scheme can be found at
8. The applicant is reminded that this approval is linked to Outline Consent
HS/OA/17/00901 and its associated Section 106 Legal Agreement, which
must be adhered to.
Councillor Foster returned to the chamber
Supporting documents:
- MAP_HS_DS_21_01044 Harrow Lane Playing Fields, item 333. PDF 439 KB
- HS-DS-21-01044 Harrow Lane Playing Fields, item 333. PDF 154 KB
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