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Agenda item
Land adjacent 33 West Street and 1 East Parade
Minutes:
Proposal:
Variation of approved drawings (door/window adjustments, internal layout changes, alterations to materials, additional windows, reduced roof profile, addition of Juliette balconies/flues/vents) of Planning Permission HS/FA/11/00555.
Application No:
HS/FA/14/00717
Existing Use:
Dwellings under construction
Hastings Local Plan 2004
DG1, DG2, DG3, DG4, C1, C10
Conservation Area:
Yes – Old Town
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
FA5, SC1, SC3, SC4, EN1, H1, H2,
T3
Development Management Plan
Proposed Submission Version:
DM1, DM3, DM4 and HN1
Public Consultation:
4 letters of objection received and
1 petition received
The Development Manager reported on an application for the amendment to the design of an approved scheme of 3 residential properties at Land adjacent 33 West Street and 1 East Parade, Hastings.
The site is located on the south side of West Street within the Old Town Conservation Area. The site is vacant, surfaced in tarmac and currently used by the owner as a private car park. The site adjoins 1 East Parade to the west, the western elevation of 33 West Street and 4A and 4 East Parade to the rear. The site was previously occupied by two buildings which adjoined 33 West Street and 1 East Parade, to create a terrace of buildings. Following fire damage, the last of these buildings was demolished in 2004, leaving a single storey section and the western elevation of 1 East Parade, together with the rear elevation of 4A East Parade exposed.
The application is to vary the plan numbers condition of planning permission: HS/FA/11/00555 which was for the erection of 2 x dwellings and 1 x maisonette. The approved scheme followed a number of applications for residential development at the site. Of particular relevance were the two schemes approved under planning permissions: HS/FA/03/00798 & HS/FA/08/00093 which were both for similar schemes.
Since the approval of planning permission: HS/FA/11/00555 two other applications have been made for residential development both of which were refused (HS/FA/12/00538 & HS/FA/13/00256). The main reasons for refusal related to the impact on the character and appearance of the area, the amenity of neighbouring residents and traffic safety.
The alterations to the approved scheme involve:
Front Elevation:
· repositioning the door to the central unit;
· bringing the ground floor window of the central unit in line with windows of upper floors;
· introducing rendered skirting;
· replacing brickwork with terracotta mathematical tiles;
· forming 7 vents;
· formation of boiler flue;
· enlarging the windows of the western unit;
· alteration to the roof of the western unit to form a pitch roof with front facing gable.
Rear Elevation:
· formation of feature windows to stairwells;
· formation of inward opening obscure glazed windows to stairwells and bathrooms;
· formation of rear door to twitten;
· formation of inward openings windows with Juliette balconies at first, second and roof levels in line with twitten;
· replacement of timber weatherboard with composite weatherboard to part of rear elevation;
· formation of 5 vents;
· formation of two boiler flues.
Roof:
· formation of two flues;
· formation of glazed roof lights;
· alteration to the roof of the western unit to form a pitch roof with front facing gable.
The main issues were the impacts on the character and appearance of the streetscene and surrounding conservation area, the amenity of neighbouring residents and implemenation of planning permission HS/FA/11/00555. After considering all the matters, the Development Manager considered that the proposed amendments will enhance the character and appearance of the streetscene whilst maintaining the amenity of neighbouring residents, he therefore recommended that planning permission be granted subject to conditions.
The Human Rights considerations have been taken into account fully in balancing the planning issues.
An error was noted on page 15 of the report, The Planning Enforcement Team visited the site on 15 September 2014 and not September 2015. ‘Page 18 Note to the Applicant, No. 3’ had in error been duplicated twice. No. 3 was re-numbered to No. 4.
The petitioner, Sheila Bull, was present and spoke against the application.
The agent, Sue Konu, was present and spoke in support of the application.
The Planning Solicitor clarified comments made regarding a previous judicial review stating that Sheila Bull had sought permission to apply for judicial review which was refused. The Order stated that “This claim is not arguable. Read together, the Defendant’s summary grounds and the supporting witness statement of Mr Tanner show a cogent and complete answer to the challenge. The proposal was properly dealt with by the Defendant without any procedural or other legal error. Proceedings for judicial review do not allow the decision to be attacked on its planning merits.” The Court ordered that Sheila Bull pay the Council’s costs.
Councillor Scott proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Dowling.
RESOLVED– (unanimously) that planning permission be granted subject to the following conditions:-
1.
No development above ground shall take place until samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have either been made available for inspection at the site or submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details;
2.
No development above ground shall commence until the following details have been submitted to and approved in writing by the Local Planning Authority:
a) Full joinery details of all external doors, door surrounds, door hoods (to be weathered in lead), windows (to be in timber and fitted with 'Slimlite' slender section double glazed units, or agreed equivalent), sofits and bargeboards. These shall include 1:10 elevations and 1:2 or full sized cross sections. All timber work to have a painted finish;
b) Full construction details of the new roof dormers. The details are to include 1:10 elevations and full size cross sections, including full details of any proposed insulation. The dormers are to have lead roofs and cheeks;
c) Ventilation details including the external appearance of any external extract terminals or boiler flues;
d) The profile and decorative finish of all new rainwater goods and soil pipes (to be in either cast iron or cast aluminium); and
e) Refuse storage details.
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;
3.
Notwithstanding what is shown on the drawings, all new areas of render shall have a smooth (not textured) finish, with the surface of the render traditionally lined out in the form of Ashlar blocks;
4.
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.
5.
Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (“the GPDO”) (or any order subsequently revoking or re-enacting that order with or without modification) no enlargement, improvement, other alteration to the dwelling house, no erection of a porch, enlargement of the house by altering or adding to the roof, no other changes to the roof, nor the installation of a satellite antenna to the dwellinghouses hereby permitted on the approved plans SD/279/01A and SD/279/02A, submitted with this application, shall take place without the grant of a further planning permission. This means that the normal residential permitted development rights under the GPDO Schedule 2, Part 1 Classes A, B, C, D and H (as amended by Amendment Order No. 2 of 2005) have been withdrawn for the new houses shown on approved plans SD/279/01A and SD/279/02A;
6.
The development hereby permitted shall be carried out in accordance with the following approved plans:
47200/PC/001D, 47200/PC/005A, 47200/PC/006B, 47200/PC/007 (Location Plan Only), 47200/PC/009A, 47200/PC/010B
7.
The south and east facing bathroom, stairwell, shower room and WC windows shall be obscure glazed with obscure glass to a minimum level of obscurity equivalent to Pilkington Texture Glass Level 3, or similar equivalent.
Reasons:
1.
In the interests of the visual amenity of the area. (Hastings Local Plan 2004 - Policy DG1);
2.
To ensure a satisfactory form of development in the interests of the character and amenity of the conservation area;
3.
To ensure a satisfactory standard of development in terms of the character and appearance of the conservation area;
4.
To safeguard the amenity of adjoining and future residents. (Hastings Local Plan 2004 - Policy DG1 and DG3);
5.
In the interests of the amenities of the area and to protect the setting of the two adjoining listed buildings;
6.
For the avoidance of doubt and in the interests of proper planning; and
7.
To safeguard the amenity of adjoining and 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 paragraphs 186 and 187 of the National Planning Policy Framework;
3.
The applicant is reminded that it will be necessary to obtain the appropriate consent from East Sussex County Council if it is proposed to obstruct or partially obstruct the public highway (including West Street and the pavement). Please contact the ESCC on: 0345 60 80 193 or by e-mail: highways@eastsussex.gov.uk for further information; and
4.
Consideration should be given to the provision of a domestic sprinkler system.
Supporting documents:
- Land Adj 33 West Street and 1 East Parade, item 91. PDF 87 KB
- MAP_Land Adj 33 West Street and 1 East Parade, item 91. PDF 397 KB
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