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Agenda item
Miniature Golf & Crazy Golf Course, The Stade, Hastings (HS/FA/22/00005)
(S Wood, Principal Planning Officer)
Minutes:
Proposal
The enclosure of the existing pirate golf course with a part 1 part 2 storey building
Application No
HS/FA/22/00005
Conservation Area
Yes – Old Town
Listed Building
No
Public Consultation
Yes – 63 in Objection and 54 in Support
Councillor Roark left the Chamber and did not take part in this item
Councillor Bacon returned to the Chamber
The Principal Planning Officer gave updates with additional comments being received. There are now 54 support comments, 63 objections and 4 late comments. There was a question if the Foreshore Trust had been consulted on the application. The Principal Planning Officer confirmed they had consulted in the normal way and the Foreshore Trust chose not to make any comments either for or against.
Slides were shown showing the location, aerial view, and images of the proposal. Existing site photos were shown. These put into context some of the existing structures in the vicinity.
Councillors’ attention was drawn to principles of sustainable development and paragraph 11 of the National Planning Policy Framework says that there is a presumption in favour of sustainable development, which means that planning permission is granted unless there are material considerations that deem otherwise. Looking at the principles of sustainable development, you have to look at the economic perspectives, the social perspectives and the environmental perspectives.
This application has divided public view. Putting anything on this site which is currently open is going to cause some harm to the setting of the conservation area. It's the Old Town Conservation Area but is detached from the historic core of the Old Town. Historic England and the Council's Conservation Officer have determined that the harm is less than substantial, which means that there is no loss of a heritage asset. Which thereby means that paragraph 202 of the National Planning Policy Framework is engaged. Paragraph 202 states that you have to consider whether that harm is outweighed by the public benefits of the proposal. The officers report covers the pros and cons of the application.
Councillor Hilton as the Old Town Ward Councillor addressed the committee. She originally thought this application was a good idea although now realising the scale of the building has serious concerns. If allowed against the advice of both Historic England and the Conservation Officer, this sets a serious and dangerous precedent for the remainder of the seafront in terms of more proposals for buildings in the future. This proposal would have a harmful impact on the open nature of the foreshore. It seems that the only public benefits that have been assessed is the visitor economy and the 18 new jobs. This will completely shut off the views of the Old Town and castle cliffs as people walk along the footpath along the edge of the site, which now offers open views across the landscape. The committee reported acknowledges that this would become the largest building on this part of the seafront and the impact is even greater because of the size of the cafe on the 1st floor. It also mentions that allowing this building would help improve landowner and investor confidence in this part of Town, so she was more alarmed about the precedent that that would be set by allowing this building to go ahead.
The Principal Planning Officer responded. The building will cover the existing golf course. Historic England have acknowledged that it was less than substantial harm, but they did specifically say that it was up to the Planning Officers and the committee to apply the planning balance to determine whether the public benefits and securing the optimum viable use of the site outweighed that harm. Regarding setting a precedent for development, the Hastings Act does restrict development in this location and the committee were reminded that the application is considered on its own merits.
Councillors asked questions of the Officer.
Councillors debated.
Councillor Beaver proposed approval of the recommendation, seconded by Councillor Roberts.
RESOLVED (8 votes for, 1 abstention)
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:
480_001A, 480_002A, 480_003B, 480_010A, 480_011, 480_012A, 480_013A, 480_102C, 480_103C, 480_104C, 480_105A, 480_110B, 480_111B, 480_112B, 480_113B, 480_114, 480_210A, 480_211, 480_212A, 480_310C, 480_410A and 480_411
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.
The premises shall not be used except between the following hours:-
8.30am - 10.30pm
Monday to Sunday (including Bank Holidays)
5.
Prior to occupation of development hereby approved, 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 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 in writing by the Local Planning Authority before installation. The rating level of noise emitted from the use of this plant, machinery or equipment shall not exceed the background sound level when measured according to BS4142:2014, at any adjoining or nearby noise sensitive premises.
The development shall be carried out in accordance with the approved works.
6.
Prior to the first operation of the building hereby approved, a scheme and maintenance schedule for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed in accordance with EMAQ+ Control of Odour and Noise from Commercial Kitchen Extraction Systems 2018. Any equipment, plant or process provided or undertaken in pursuance of this condition shall be installed prior to the first operation of the premises and these shall thereafter be operated and retained in compliance with the approved scheme.
7.
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.
8.
The archaeological work shall be carried out in accordance with the approved Written Scheme of Investigation and a written record of all archaeological works undertaken shall be submitted to the Local Planning Authority within 3 months of the completion of any archaeological investigation unless an alternative timescale for submission of the report is agreed in writing with the Local Planning Authority.
9.
Construction of the development shall not commence until details of the proposed means of foul sewerage and surface water disposal/management have been submitted to and approved in writing by the Local Planning Authority.
The detailed drainage design referred to above shall include details of:
(i)
· Findings of infiltration testing in accordance with the BRE365 to ensure that the soakaway has sufficient capacity to take flows from the development.
· The outfall of the proposed detention basin and how it connects into the soakaway . This should include cross sections and invert levels
· How surface water flows exceeding the capacity of the surface water drainage features will be managed safely
· The proposed brown roof, including cross sections
· A Management and Maintenance plan for the entire drainage system to ensure that the designed system takes into account design standards of those responsible for maintenance. The Management and Maintenance Plan should set out who will be responsible for managing all aspects of the surface water drainage system, including piped drains, and evidence that these responsibility arrangements will remain in place throughout the lifetime of the development.
The design of the detention basin should allow for a 300mm freeboard within the basin to allow additional capacity in exceedance events.
(ii) Development shall then be carried out in accordance with the details approved under (i) and no occupation of any of the building hereby approved shall occur until those works have been completed.
And
(iii) No occupation of any of the building 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.
10.
No development should take place, including any ground works, until measures to manage flood risk, both on and off the site during the construction phase have been submitted to and approved in writing by the Local Planning Authority, in consultation with the Lead Local Flood Authority. This may take the form of a standalone document, or be incorporated into the Construction Management Plan for the development, as required by Condition 13 of this consent.
11.
Prior to first use of the building hereby approved, evidence (including photographs) should be submitted to and approved in writing by the Local Planning Authority showing that the drainage system has been constructed as per the final agreed detailed drainage designs.
12.
Prior to occupation of the development hereby approved, details of covered and secure cycle storage must be submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Authority. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.
13.
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 Construction Management Plan shall be implemented and adhered to in full throughout the entire construction period. The Construction Management 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 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 Construction Management Plan.
14.
Notwithstanding the approved plans, not development shall take place above ground until samples of the following materials have been submitted to and approved in writing by the Local Planning Authority:
· Glazed tile.
· U channel glazing.
· Concrete coping.
· Decking boards.
· Timber cladding boards
These samples shall be submitted together on a materials sample board, which shall also detail the manufacturer, product name/number, unit size, materials, and finish details of each material.
The glazed tile shall be presented as several colour and glaze options, to include some warmer earth colours.
The development shall be carried out in accordance with the details approved and no occupation of any building approved shall occur until those works have been completed.
15.
Notwithstanding the approved plans, no development shall take place above ground until finish details (paint type and colour), for the following elements of the development have been submitted to and approved in writing by the Local Planning Authority:
· Aluminium door and window frames
Development shall be carried out in accordance with the approved details.
16.
Notwithstanding the approved plans, prior to the commencement of the individual elements of the works detailed below, the following details shall be submitted to and approved in writing by the Local Planning Authority:
· Detailed joinery of the proposed windows and doors, to include 1:10 elevations of each window and door type and example horizontal and vertical sections at 1:2 scale or full size of each detailed joinery section.
· Details of the siting, size, manufacturer, product reference and profiles of the proposed aluminium rainwater goods.
· Details of the proposed external staircases, to include elevations of all visible sides and sections through the stair structural supports, string, treads, risers, gates, and handrails.
Development shall be carried out in accordance with the approved details.
17.
Notwithstanding the approved plans, prior to the commencement of the hard and soft landscaping works, full details of any proposed new paving materials and planters shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include the manufacturer, product name, materials/finishes and unit size.
The development shall be undertaken in accordance with the approved details.18.
Prior to the commencement of works above ground, details of appropriate climate change mitigation and adaptation measures as required by Policy SC3 of the Hastings Planning Strategy shall be submitted to and approved in writing by the Local Planning Authority. The development 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.
For the avoidance of doubt and in the interests of proper planning.
3.
To safeguard the amenity of adjoining residents.
4.
To safeguard the amenity of adjoining residents.
5.
To ensure that the amenity of the area is not detrimentally affected by the use of the site.
6.
To ensure that the amenity of the area is not detrimentally affected by the use of the site.
7.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
8.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework.
9.
In order to secure a well-planned development that functions properly and in order to prevent increased risk of flooding.
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 that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
13.
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.
14.
In order to protect the visual amenities of the area and to secure a well-planned development.
15.
In order to protect the visual amenities of the area and to secure a well-planned development.
16.
In order to protect the visual amenities of the area and to secure a well-planned development.
17.
In order to protect the visual amenities of the area and to secure a well-planned development.
18.
To ensure the development complies with Policy SC3 of the Hastings Planning Strategy 2014.
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 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 www.naturespaceuk.com
Contact details: info@naturespaceuk.com
4.
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
5.
The Food Business Operator will be required to register the food establishment with the Local Council 28 days prior to opening. The registration form can be found online at http://www.hastings.gov.uk/environmentalhealth/food_safety/businesses/foodpacks/caterers/
6.
The Health and Safety at Work Etc. Act 1974 will apply. The applicant is strongly advised to contact the Environmental Health Division before services, fixtures and fittings etc. are installed for advice on satisfying the requirements of Health and Safety Law.
Supporting documents:
- MAP_HS_FA_22_00005 - Minature Golf and Crazy Golf Course, Marine Parade, item 353. PDF 340 KB
- HS-FA-22-00005 - Minature Golf and Crazy Golf Course, The Stade, Marine Parade, item 353. PDF 185 KB
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