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Agenda item
Former The St. Leonards Academy Darwell Campus, Darwell Close, St. Leonards on Sea
Minutes:
Proposal:
Outline application for the erection of up to 210 dwellings (25% affordable) with associated open
space play areas, landscaping and access.
Application No:
HS/OA/15/00168
Existing Use:
Vacant School Site
Mr Hawkins, Planning Consultant, presented this report for an outline application for the erection of up to 210 dwellings (25% affordable) with associated open space, play areas, landscaping and access at Former The St. Leonards Academy, Darwell Campus, Darwell Close, St. Leonards on Sea. Mr Hawkins explained that this was an indicative layout and the details were not considered as part of this outline application but the principle of development. He raised the objection from Sport England and stated that the site was allocated and that the Planning Inspector had regard to the loss of the playing field and considered the site suitable for housing. Mr Hawkins explained that a significant amount of work had been undertaken in respect of ecology specifically dormice, badgers and reptiles. Members were shown plans and photographs of the application site.
The Planning Manager provided several updates to the report. She advised that one additional objection had been received since the publication of the agenda and that Conditions 23 and 25 had been amended following further comments received from the Council’s Environment and Natural Resources Manager.
Mr Eric Hardwick, Petitioner spoke against the application. He accepted that houses would be built on the site but raised concerns regarding the potential for excessive use of Harley Shute junction and the need for another access. He said it was important to provide infrastructure such as a doctor’s surgery and recommended the playing field be kept as village green area for residents.
Mr Peter Rainier, Applicant, spoke in support of the application. He addressed issues covered by the Petitioner. He stated that ESCC Highways had no issues regarding the traffic moments and the increased activity makes use of the existing access point.
Councillor Beaver, Ward Member, spoke on behalf of residents. He said they had major concerns regarding the high number of dwellings proposed on site (x210); lack of amenities; restricted access to and from the site; impact on transport and the loss of the playing field and green open space. He felt the concerns raised by residents had not been taken on board.
Councillor Wincott proposed a motion to approve the application as set out in the resolution below, subject to the amendment of conditions 23 and 25 and the addition of two informatives. This was seconded by Councillor Beaney.
RESOLVED – by (7 votes to 3) that the Planning Services Manager be authorised to issue planning permission upon completion of an agreement under S106 of the Town and Country Planning Act to secure:
A minimum of 25% affordable housing:
1. A contribution of £3,420 per house, and £513 per flat towards primary school education.
2. A contribution of £958 per house and £144 per flat towards nursery provision within the locality of the application site.
3. A contribution of £263 per dwelling for library provision within the locality: and
4. A contribution of £24 per dwelling towards the improvement of public rights of way within the locality of the application site.
5. A financial contribution of £250,000 to fund the highway improvements set out within the Hastings Local Plan – Infrastructure Delivery Plan.
6. The submission of a Travel Plan.
In the event that the agreement is not completed by 1 March 2017 that permission be refused on the grounds that the application does not comply with Policy H3 of the adopted Hastings Local Plan, The Hastings Planning Strategy 2011-2028 unless an extension of time has been agreed in writing by the Planning Services Manager in consultation with the Chair and Vice Chair of Planning Committee.
Grant Outline Planning Permission subject to the following conditions:
1.
The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later;
2.
Approval of the details of the layout, scale and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced;
3.
Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission;
4.
No development shall take place until written details and samples of materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be constructed with the approved materials;
5.
No occupation of the development hereby permitted shall take place until details of all fencing, walling (which shall include flint walling at the key entry point) and other boundary treatments have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these approved details and maintained thereafter;
6.
No occupation of the development hereby permitted shall take place until details of the satisfactory storage of refuse for any flatted development on site have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be provided before the first occupation of the associated flatted development and maintained thereafter;
7.
No development shall take place until details of the means of vehicular access to the site, including road widths, kerb radii, visibility splays and details of finishes of materials have been submitted to and approved in writing by the Local Planning Authority;
8.
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, using indigenous species which shall include :
· The retention of the existing trees along the western and southern boundary of the site;
· The use of a range of natural flowering and berry bearing species of trees;
· Areas of grassland to be managed as rough grassland – both adjacent to the tree belts and also the road verges where appropriate; and
· Deadwood habitat piles.
Together with the indications of all existing trees and hedgerows on the land, and details of any to be retained, and measures for their protection in the course of the development, and a programme for the approved scheme’s implementation and long term management;
9.
All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five 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;
10.
A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas, other than small, privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development for its permitted use and the landscape management plan shall be carried out in accordance with the approved plan for the period specified;
11.
All trees to be retained must be protected by barriers and/or ground protection in accordance with BS5837 (2012) ‘Trees in Relation to Construction-Recommendations’. No work shall take place on site until full details of protection have been submitted to and approved in writing by the Local Planning Authority. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all of the above has been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority;
12.
No development shall take place until details of any lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include inter-alia, details of measures to shield and direct light from the light sources so as to prevent light pollution. The development shall thereafter be carried out in accordance with the subsequently approved details;
13.
No development shall take place until details of the proposed materials to be used in the surfacing of all access roads, parking and turning areas and pathways within the site, and the design of kerb stones/crossing points have been submitted to and approved by the Local Planning Authority. The development shall be built in accordance with the approved details;
14.
(i) 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;
(ii) Development shall be carried out in accordance with the details approved under (i) and no occupation of any of the dwellings or flats hereby approved shall occur until those works have been completed;
(iii) No occupation of any of the dwellings or flats 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.
15.
The open areas within the application site, as shown on plan number AD031 Rev A, shall remain open and available for public access and no fences, gates or other means of enclosure shall be placed or erected to preclude access to these areas at any time without the prior approval of the Local Planning Authority;
16.
The details of the landscaping of the site required to be submitted by Condition 8 shall include details of a scheme for the preparation, laying out and equipping of a play/amenity area and the land shall be laid out in accordance with the approved details prior to the occupation of any dwellings or flats hereby approved;
17.
No occupation of the development shall take place until the developer has agreed with Southern Water the measures to be undertaken to divert/protect the public water main supply. These agreed measures shall be submitted to the Local Planning Authority and development shall be carried out in accordance with the approved plans;
18.
No development shall take place until the developer has secured the implementation of a programme of archaeological work, in accordance with a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority;
19.
The development hereby permitted shall not be brought into use until the archaeological site investigation and post investigation assessment (including the provision for analysis, publication and dissemination of results and archive deposition) has been completed in accordance with the programme set out in the Written Scheme of Archaeological Investigation approved under Condition 18 to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority;
20.
The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) dated the 26 January 2015, and Design and Access Statement dated August 2014 and the following mitigation measures therein:
· Finished floor levels are set no lower than 4.8metres above the Ordnance Datum (AOD);
· Landscaped overflow channels (e.g. shown as swales in the submitted details) shall be provided to safely divert any exceedance event flows from the upstream flood storage area around the development and downstream;
· The upstream plateau (at the northern extent of the site) shall be raised in level to a minimum level of 7.0 metres AOD;
· Limiting the surface water run off generated by the 1 in 100 year return event critical storm (plus an allowance for climate change) so that it will not exceed the run-off from the undeveloped site and not increase the risk of flooding off-site;
· A minimum 8 metre wide access/buffer corridor shall be provided along the Hollington Stream (Main River) plus access provision through the site to the adjacent Hollington Stream culvert inlet structure to ensure future access is maintained.
The mitigation measures shall be fully implemented prior to the occupation of the development, and subsequently in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed in writing with the Local Planning Authority;
21.
No development shall take place until a Construction Management Plan has been submitted to and improved in writing by the Local Planning Authority. This shall include a construction routing agreement, hours of working, wheel washing, and secured compounds for materials storage, machinery and contractor parking;
22.
Construction of the development shall not take place until details of the Sustainable Drainage Scheme have been submitted to, and approved in writing by the Local Planning Authority in consultation with Natural England. The details shall include information demonstrating that there will be no increase in surface water flow from the site and no adverse impact on the water quality of the stream from surface water pollution, during either construction or post construction periods. Such information needs to include (although no be limited to) details of how potential water pollution from car parking areas (e.g. by slats or hydrocarbons) is to be prevented;
23.
Should the reserved matters application not be submitted within two years of the date of this outline planning permission, then the additional ecological reports that were required by the Preliminary Ecological Appraisal and Preliminary Roost Assessment (May 2014) and which have been submitted as part of this application, shall be updated and submitted to the Local Planning Authority with any reserved matters submission. The development shall then be carried out in accordance with the approved details;
24.
The development shall not be occupied until a minimum of 2% of all of the residential units constructed within the application site are designed in such a way to be fully wheelchair assessable, as required by Policy FB1 of the Development Management Plan 2015; and
25.
All ecological measuresand/or worksshall becarried outin accordancewith the detailscontained in Dormouse Mitigation Strategy for the Grove by the Ecology Consultancy dated 20/09/2016, Dormouse Survey for the Grove by the Ecology Consultancy dated 04/07/2016, Badger Survey for the Grove by the Ecology Consultancy dated 03/03/2016, and Reptile Survey for the Grove by the Ecology Consultancy dated 25/05/2016 assubmitted withthe planningapplication and agreedin principlewith thelocal planningauthority priorto determination.
Development, ground clearance or vegetation disturbance shallnot inany circumstancescommence unlessthe local planningauthority hasbeen providedwith either:
a) alicense issuedby Natural England pursuantto Regulation 53of TheConservation ofHabitats andSpecies Regulations 2010authorisingthe specifiedactivity/development togo ahead;or
b) astatementin writingfrom therelevant licensingbody tothe effectthat it doesnot considerthat thespecified activity/developmentwill requirea license.
Reasons:
1.
The application is in outline only;
2.
The application is in outline only;
3.
This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990;
4.
In the interests of the visual amenity of the area;
5.
In the interests of the visual amenity of the area;
6.
In the interests of the visual amenity of the area and to secure a well planned development;
7.
In the interests of the visual amenity of the area and to ensure there would be no adverse impact upon highway safety;
8.
In the interests of the visual amenity of the area and to enhance biodiversity within the site;
9.
In the interests of the visual amenity of the area;
10.
In the interests of the visual amenity of the area;
11.
In the interests of the visual amenity of the area and to ensure the long term health of the trees which contribute to the character and appearance of the locality;
12.
In the interests of the visual amenity of the area, to prevent light spill and to protect residential amenity, and to ensure that the development does not adversely impact upon the biodiversity within and around the site;
13.
In the interests of the visual amenity of the area;
14.
To ensure that the development does not have an adverse impact upon the existing infrastructure, and to ensure that the site has suitable means of drainage and to prevent flooding;
15.
To ensure that the areas are kept available for the long term enjoyment of future residents;
16.
In the interests of the visual amenity of the area and to ensure that the development has a suitable level of equipped play to support the future population of the site;
17.
In order to ensure that there is suitable infrastructure in place;
18.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework;
19.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework;
20.
To ensure that future residents are protected against flood risk;
21.
To protect the amenity of the existing residents and to ensure that there is no adverse impact upon the highway network;
22.
In the interests of enhancing and protecting biodiversity and archaeology within the application site;
23.
In the interests of biodiversity within the application site;
24.
In the interests of a balanced and sustainable community; and
25.
In the interests of ecology and biodiversity in accordance with the National Planning Policy Framework and policy HN8 of the Hastings Local Plan 2014.
Notes to the Applicant
1.
Notwithstanding the details submitted, the central area of open space shall be formed with the residential properties that surround it, directly overlooking it (front elevations). The existing indicative plan does not demonstrate sufficient natural surveillance and would not be considered acceptable to the Borough Council as part of any reserved matters application;
2.
Notwithstanding the details submitted, the access into the site highlighted as ‘Old School Drive’ should only be provided with one pathway (on its northern side) with the southern side provided with a soft verge, and where appropriate additional soft landscaping provision;
3.
At both proposed points of access, tactile paving should be provided on either side to aid with pedestrian permeability;
4.
The applicant/developer should enter into a legal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development. Please contact Southern Water at www.southernwater.co.uk
5.
A formal application for the connection of the water supply is required in order to service this development. Please contact Southern Water at the above-mentioned address;
6.
In order to protect the surfaces of the footpaths (Hastings 19 and 21), a suitable barrier should separate the development from the footpath during construction. All public rights of way shall be maintained during construction unless the correct permissions have bene received in advance of their closure;
7.
Any damage that occurs to public rights of way during construction shall be made good at the cost of the developer;
8.
No materials should be stored on any public right of way during construction;
9.
Please note that the FRA states that the flooding risk is low in this area due to the presence of flood risk defences, but that a residual risk will remain (e.g. overtopping and/or breach of the tidal/fluvial defences);
The applicant/developer should therefore consider the requirement for an emerging response within the site for future residents to adhere to.
10.
The applicant is reminded that there should not be any loss of the playing fields until the applicant, or developer has secured a Section 77 agreement which would allow for the loss of the Playing Field as per the requirements of the School Standards and Framework Act 1998;
11.
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning; and
12.
1.
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.
Informatives
The applicant is advised that in the event of changes to the access point proposed, an updated transport statement should be provided as part of the reserved matters application.
The applicant is advised that should formal pre-application discussions with the Local Planning Authority and the reserved matters be submitted, the councillors for those wards will be party to those discussions.
Supporting documents:
- MAP -Former St Leonards Academy Darwell Campus - HS_OA_15_00168_, item 137a PDF 421 KB
- Former The St Leonards Academy Darwell Campus - HS-OA-15-00168, item 137a PDF 214 KB
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