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Agenda item
Planning Applications attracting a petition:
- Meeting of Planning, Wednesday, 18th June, 2014 6.00 pm (Item 5.)
- View the declarations of interest for item 5.
(a) Rocklands Private Caravan Park, Rocklands Lane
(b) Asda, Battle Road
(Development Manager)
Minutes:
3. ROCKLANDS PRIVATE CARAVAN PARK, ROCKLANDS LANE
Proposal:
Variation of condition 2 (approved plans) of planning permission HS/FA/12/00952 - Minor amendment showing change of ground floor plan, additional & altered window positions & extended balcony. (Retrospective)
Application No:
HS/FA/14/00406
Existing Use:
Holiday Park
Hastings Local Plan 2004
T7, L2, L3, DG1, DG3, C6
Conservation Area:
No
National Planning Policy Framework
Sections 7, 11, 12
Hastings Planning Strategy
FA5, EN1, EN7
Development Management Plan
Proposed Submission Version:
DM1, DM3, DM4, HN1, HN4
Public Consultation:
391 letters of objection (at the time of writing the report), 1 petition and 1 letter of support received
The Development Manager reported on a retrospective planning application for the variation of condition 2 (approved plans) of planning permission HS/FA/12/00952 – Minor amendment showing change of ground floor plan, additional and altered window positions and extended balcony (Retrospective).
Rocklands Caravan Park is located on the south side of Rocklands Lane. The site is within the High Weald Area of Outstanding Natural Beauty (AONB) and also falls within an Archaeological Notification area. The site is adjacent to Hastings Country Park and to the Old Town Conservation Area. The land adjoining the site to the south-west and part of the application site's garden is within a Scheduled Monument.
Planning permission HS/FA/12/00952 was originally granted subject to conditions on 13 February 2013 for the demolition of an existing holiday let and the replacement with a new holiday let of a contemporary design.
The original holiday let bungalow has been demolished and the new building is partly constructed. It is sited in the south west corner of the holiday park and it is in a position with extensive views of the sea, Hastings Country Park and Ecclesbourne Glen. The rest of the holiday park is also visible from the adjacent open space and the nearby Shearbarn Holiday Park can also be seen in the distance to the east. Due to the topography of the site, the land falls down towards the sea and the new building has been cut into the bank. A significant amount of the screening in the vicinity of the building has been lost since building works commenced.
This retrospective application is for development that has been carried out and is not in accordance with the approved drawings. The current application is for the variation of Condition 2, which relates to the approved drawing numbers. The drawing originally submitted did not clearly indicate the amendments. Revised drawings have been submitted and the amendments are now clearly indicated or highlighted.
Proposals involved increasing the ground floor area of bedroom 2; extend the balcony along the full depth of the south west elevation; extend the depth of the balcony to the south east and south west elevation; and alterations to the fenestration.
Alterations to the previously approved scheme include the following amendments:
· The ground floor window to the south west elevation, serving bedroom 1 (master bedroom), is to be blocked up and a new window is to be installed at first floor level in the north east elevation.
· The recess to the south west elevation of the ground floor is to be squared off, infilling an area measuring 1105mm x 3400mm and enlarging bedroom 2. The previously approved French doors leading out onto a terraced area have now been replaced with a window and the terraced area deleted.
· The balcony to the south west elevation is to be extended by 3.4m, over the enlarged bedroom and it will meet the rear elevation corner. The balcony will now extend along the full depth of the south west elevation. The depth of the balconies to the south east and south west elevations is to be increased in depth from 2m to 2.9m.
Additional screening is to be planted to the north west of the building and to sections of the south west boundary.
The considerations that were taken into account were the impacts of the proposed amendments on the area, as the principle of the main building had already been established and approved. The objections received related to the increased scale, bulk, prominence and appearance of the building, overlooking and the impact on the area. Having taken into account all matters including comments and objections, the Development Manager recommended the application be approved subject to conditions.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
Amendments to the wording of the report were corrected as follows:- on page 10 the words ‘Policy C1’ of the Hastings Local Plan 2004 was deleted. The words ‘Yes – Old Town’ were replaced with the words ‘No’. On page 11, under summary, the words ‘13 February 2014’ were replaced with the words ‘13 February 2013’. On page 14, Condition 1 of the recommendation for approval was amended to include the date of the permission ‘13.02.2013’.
Prior to the start of the meeting, one report containing revised wording for Condition 3 from the officers recommendation for approval was received, as well as late electronic comments and further paper copies of late comments, all had been received after the circulation of the agenda and before the deadline for submission of documents for the meeting.
The Principal Solicitor for Planning advised the committee that a number of communications had been received after the deadline for submission of documents. In accordance with the Planning Protocol, they could not be taken into account, as they had been received after the deadline of ‘three clear working days’.
The petitioner, Mr Blackman, was present and spoke against the application.
The applicant’s representative, Mr Cos Polito, was present and spoke in support of the application.
Councillor Hodges, Ward Councillor, was present and spoke against the application.
Councillor Wincott proposed a motion against the officer recommendation to refuse the application as set out in the resolution below, which was seconded by Councillor Scott.
RESOLVED– (unanimously) that planning permissionbe REFUSED for the following reason:-
1. The proposal is in direct contravention of policy EN7 - Conservation and Enhancement of Landscape of the Hastings Local Plan: The Hastings Planning Strategy 2011-2028. Specifically, paragraph 1; bullet point 1 and 2, and paragraph 2:
“The Council will protect and enhance the town’s landscape including:
- the distinctive landscape setting of the town, particularly the structure of ancient gill woodlands, open spaces and the relationship and clear division between the unspoilt coastline of Hastings Country Park Nature Reserve, the surrounding countryside and the built-up area
- the High Weald Area of Outstanding Natural Beauty
- the undeveloped coast
The Council will have regard to the High Weald Area of Outstanding Natural Beauty Management Plan as a method of protecting and enhancing the Area of Outstanding Natural Beauty…..”
2. The proposal is contrary to sections 61, 64, 109 and 115 of the National Planning Policy Framework (2012).
61. Although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic considerations. Therefore, planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.
64. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.
109. The planning system should contribute to and enhance the natural and local environment by:
? protecting and enhancing valued landscapes, geological conservation
interests and soils..
115. Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas, and should be given great weight in National Parks and the Broads.
4. ASDA, BATTLE ROAD
Proposal:
Use of part of existing car park for the erection of a petrol station
Application No:
HS/FA/14/00271
Existing Use:
Supermarket - car park
Hastings Local Plan 2004
DG1 and DG2
Conservation Area:
No
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
SC1 and T3
Development Management Plan
Proposed Submission Version:
DM1, DM3 and DM4
Public Consultation:
2 letters of objection and 1 petition received
The Development Manager reported on an application for use of part of an existing supermarket car park for the erection of a petrol station at Asda, Battle Road, St. Leonards-on-Sea.
The site is located on the western boundary of the existing car park, at the furthest point from the main entrance at Silverhill. In this location, the site is surrounded by units on the adjacent industrial estate with the supermarket to the southeast. Residential properties are located to the east.
Having taken into account all the relevant matters including the impact on local traffic and neighbouring residents, the Development Manager believed the proposed development would not adversely impact highway safety or traffic flows and would not harm neighbouring residential amenities. He felt the impact on the vitality and viability of the shopping area was a consideration and the new petrol station would add to the existing offer and increase consumer choice. As such, he believed the petrol station would benefit the local area and he therefore recommended that planning permission be granted subject to conditions.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
The petitioner, Mr Kumar, was present and spoke against the application.
The applicant’s representative, Alan Jones, was present and spoke in support of the application.
Councillor Scott moved the recommendation to approve the application subject to the amendment of the resolution to include Condition 8, as set out below. This was seconded by Councillor Rogers.
RESOLVED– by (9 votes to 1) that planning permission be GRANTED 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:
A1424/LE(PA)01 P1; A1424/LE(PA)02 P1; A1424/LE(PA)03 P1; A1424/LE(PA)05 P1; A1424/LE(PA)06 P1; A1424/LE(PA)07 P1; A1424/LE(PA)08 P1
3.
Prior to the commencement of development a Construction Traffic Management Scheme shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Local Highway Authority. This shall include the size of vehicles, routing of vehicles and hours of operation (given the restrictions of the access and/or the approach road the hours of delivery/ collection should avoid peak traffic flow times). The development shall be carried out in accordance with the approved scheme;
4.
Prior to any forms of earthworks and/or excavations being carried out as part of the development, suitable vehicle wheel washing equipment should be provided within the site, to the approval of the Local Planning Authority, to prevent contamination and damage to the adjacent roads. The approved wheel washing arrangements shall be used for the duration of the earthworks and/or excavations;
5.
Prior to the commencement of development a construction method statement shall be submitted to and approved in writing by the Local Planning Authority. The statement should include details of the control of dust and particles during construction and excavation. The development shall be carried out in accordance with the approved details;
6.
The existing vehicular access adjacent to the northwest corner of the proposed store, and shown on drawing A1424/LE (PA)03 P1 hereby approved, shall be gated and secured, and only used in the event of an emergency, for vehicles delivering fuel to the petrol station and for refuse vehicles collecting recycling from the car park recycling centre;
7.
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.
8.
There shall be no deliveries of fuel other than between the hours of 0600 and 2100 daily.
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.
In the interests of highway safety and for the benefit and convenience of the public at large;
4.
In the interests of highway safety and for the benefit and convenience of the public at large;
5.
To ensure that nearby businesses with 'dust sensitive' manufacturing processes are not adversely impacted by the development;
6.
In order to ensure that the site is accessible, and to prevent additional access points causing nuisance to neighbouring properties and interfering with the operation of adjoining parking and circulation areas;
7.
To safeguard the amenity of adjoining residents. (Hastings Local Plan 2004 - Policy DG4); and
8.
In the interests of the amenities of local residents and businesses.
Notes to the Applicant
1.
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning; and
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 pro-active manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework.
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