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Agenda item
Car Park, Cornwallis Street (HS/FA/22/00476)
(T Zulu, Principal Planning Officer)
Minutes:
Proposal
Erection of substation to support new hotel building
Application No
HS/FA/22/00476
Conservation Area
No
Listed Building
No
Public Consultation
Yes – 1 objection received
Council application on Council owned land
The Planning Services Manager presented, there is an update with the addition of condition number 8. This states that within 4 weeks of the date of the installation of the sub station an International Commission on Non-ionizing Radiation Protection certificate confirming the substation complies with its guidelines is submitted to and approved by the Local Planning Authority.
Slides showing a location plan, photographs of the site and the proposed floor plan were shown. The site is not in a conservation area. Condition number 6 secures the planting of two trees for the removal of one. A slide was shown showing the elevations. The substation is a single storey structure. The substation will be enclosed within a glass fibre reinforced polyester enclosure. Concern has been raised regarding health implications of the substation in terms of electric and magnetic fields. Government guidance states that there is not a causal link that's been proven between cancer and any other disease.
Councillors debated.
Councillor Roberts proposed approval, seconded by Councillor Edwards.
RESOLVED (9 Votes for, 1 Against)
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:
5112 - BAL ZZ XX DR A 07 5001
5112 - BAL ZZ XX DR A 07 5002
5112 - BAL ZZ XX DR A 07 5003
5112 - BAL ZZ XX DR A 07 5004
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 materials to be used must match as closely as possible, in type, colour and texture those listed in the 'Materials' section of the application form.
5.
All noise mitigation measures shall be carried out prior to first use of the electrical substation hereby approved in accordance with the details contained in the submitted Noise Report prepared by Sharps Redmore and dated 5 May 2022, and submitted as part of this planning application. These noise mitigation measures shall thereafter be maintained as approved.
6.
The soft landscaping of the site shall be in accordance with the soft landscaping scheme drawing no. 5112 - BAL ZZ XX DR A 07 5004 received on 26 August 2022 and submitted as part of this planning application. Development shall thereafter be maintained in acccordance with the approved scheme.
7.
If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same
8. The development hereby permitted shall be removed unless:
Within 4 weeks of the date of the completion of the installation of the substation hereby approved, an International Commission on Non-Ionizing Radiation Protection (ICNIRP) certificate confirming that the installed substation complies with the ICNIRP Guidelines, is submitted to and approved in writing by the Local Planning Authority.
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 and future residents.
4.
To ensure a satisfactory visual appearance in the interest of the amenities of the area.
5.
To safeguard the amenity of adjoining and future residents.
6.
To ensure a satisfactory standard of development.
7.
To ensure an acceptable form of development.
8. In order to protect the residential amenities of neighbouring properties.
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 (amongst other things): deliberately capture, disturb, injure or kill great crested newts; damage or destroy a breeding or resting place; deliberately obstruct access to a resting or sheltering place. Planning approval 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.
Great crested newts and their habitats are fully protected under the Conservation of Habitats and Species Regulations 2017 (as amended). Therefore, it is illegal to deliberately capture, injure, kill, disturb or take great crested newts or to damage or destroy breeding sites or resting places. Under the Wildlife and Countryside Act 1981 (as amended) it is illegal to intentionally or recklessly disturb any great crested newts occupying a place of shelter or protection, or to obstruct access to any place of shelter or protection (see the legislation or seek legal advice for full details). Local Planning Authorities have a statutory duty in exercising of all their functions to ‘have regard, so far is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’, as stated under section 40 of the Natural Environment and Rural Communities Act 2006 (NERC). As a result, GCN and their habitats are a material consideration in the planning process.
Supporting documents:
- MAP_HS_FA_22_00476 Car Park, Cornwallis Street, item 369. PDF 510 KB
- HS-FA-22-00476 Car Park, Cornwallis Street, item 369. PDF 145 KB
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