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Agenda item
Queensway North, Queensway, St. Leonards on Sea
Minutes:
Proposal:
Construction of new factory premises comprising manufacturing space, showroom, offices, welfare facilities and ancillary service yard and car park areas.
Application No:
HS/FA/15/00817
Existing Use:
Conservation Area:
Listed Building
Public Consultation
Undeveloped
No
No
4 letters of objection and 1 letter of support received
The Principal Planner, Mr Batchelor, presented this report for construction of a new factory premises comprising manufacturing space, showroom, offices, welfare facilities and ancillary service yard and car park areas.
He explained that the applicant was looking to relocate to a new premises to continue his furniture manufacturing business. In 2016, the application was amended to address drainage, the impact on the SSSI, biodiversity matters and the level of parking provision following discussions with Natural England and East Sussex County Council. He explained that the level of proposed parking fell below the parking standard for this development type and size. The applicant requires a certain level of floor space and has demonstrated that 40 parking spaces is adequate due to low staffing levels. This has been accepted by the Local Highways Authority but is conditioned for use by Michael Tyler Furniture (UK) Ltd only. This will ensure that should any new user wish to take over the site a planning permission will be required and the requirement for additional parking can be reviewed.
The Principal Planner provided several updates to the report. He advised that since the publication of the agenda, the wording of Condition 3 had been amended from ‘Michael Tyler’ to ‘Michael Tyler Furniture (UK) Ltd’. He referred to the site plan, stating that the hatched area of the plan showed the difference between the Local Plan Employment Allocation (Policy LRA6) and the extent of the application site.
Members queried whether at a future time, someone could purchase the name/company and start a different business on the site. Members were advised that a different use class will require a new planning application; any other use would be a clear manipulation of the intention of the condition.
Members were shown plans and photographs of the application site.
Councillor Beaver proposed a motion to approve the application as set out in the resolution below, subject to the amended wording of condition 3. This was seconded by Councillor Roberts.
1.
RESOLVED - (unanimously) 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:
A365_PL_001A, 002A, 003A, 004A, 010A, 011A and 012A
3.
This permission shall ensure for the benefit of furniture manufacturer Michael Tyler Furniture (UK) Ltd only and not for the benefit of the land, and, notwithstanding the changes of use permitted within Part 3 of Schedule 2 Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order), the development hereby permitted shall be used for purposes within Class B1(c) of the Town and Country (Use Classes) Order (or any order revoking, re-enacting or modifying that Order) 1987 only, and for no other purpose. Upon Michael Tyler Furniture (UK) Ltd. ceasing to occupy and/or use the building as approved, the use hereby permitted shall cease and no occupation or use of the premises shall occur until such time that an additional planning permission has been granted;
4.
The development shall not be occupied until parking areas have been provided in accordance with the approved plans and the areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles;
5.
The development shall not be occupied until cycle parking areas have been provided in accordance with the approved plans and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles;
6.
During any forms of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment should be provided within the site for use through the earthworks phase, to the approval of the Planning Authority, to prevent contamination and damage to the adjacent roads;
7.
Before the development hereby approved is commenced, details of the turning spaces within the development, taking into account the requirement for a 5m (or otherwise appropriate) buffer zone with the adjacent ancient woodland, shall be submitted to and approved in writing by the local planning authority. The development shall not be occupied until the approved turning spaces for vehicles has been provided and the turning spaces shall thereafter be retained for that use and shall not be used for any other purpose;
8.
(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 the development shall not be brought into use until those works have been completed;
(iii) The development shall not be brought into use until the Local Planning Authority has confirmed in writing that it is satisfied, that the necessary drainage has been provided in accordance with the approved details and is now available to adequately service the development. Evidence in support of this shall include photographs.
9.
The details required for condition 8 above shall be based on the surface water drainage strategy outlined in Peter Brett Associates drawing no. 26499/2001/500/005C. Surface water runoff from the approved development should be limited to 14.1 l/s for all rainfall events, including those with a 1 in 100 (plus climate change) annual probability occurrence. The details shall include evidence of this in the form of hydraulic calculations and these calculations should take into account the connectivity of the different surface water drainage features;
10.
The details required by condition 8 above shall include details of how surface water flows exceeding the capacity of the surface water drainage features will be managed safely;
11.
The details required by condition 8 above shall include a maintenance and management plan for the entire drainage system. The plan shall be consistent with the biodiversity and drainage strategy approved under reference HS/CD/16/00662 (in connection with planning permission HS/FA/12/00802) and clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains. Evidence that these responsibility arrangements will remain in place throughout the lifetime of the development should be provided;
12.
No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP: Biodiversity shall include the following:
a) Risk assessment of potentially damaging construction activities;
b) Identification of “biodiversity protection zones”;
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);
d) The location and timing of sensitive works to avoid harm to biodiversity features;
e) The times during construction when specialist ecologists need to be present on site to oversee works;
f) Responsible persons and lines of communication;
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person; and
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
13.
Before its installation, details of all external lighting, including a “lighting design strategy for biodiversity”, shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bat species and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the approved details and in accordance with the approved strategy before the building is brought into use. The lighting shall thereafter be maintained in accordance with the strategy.
14.
No development shall take place until an ecological design strategy (EDS) addressing:
a) Retention and protection of existing habitats during construction;
b) Habitat removal and reinstatement;
c) Provision for wildlife corridors, linear features and habitat connectivity;
d) Woodland, tree, hedgerow, shrub, wetland and wildflower planting and establishment;
e) Proposed new landforms associated with habitat creation, e.g. water bodies and watercourses;
f) Soil handling, movement and management;
g) Creation, restoration and enhancement of semi-natural habitats;
has been submitted to and approved in writing by the Local Planning Authority.
The EDS shall include the following:
a) Purpose and conservation objectives for the proposed works;
b) Review of site potential and constraints;
c) Detailed design(s) and/or working method(s) to achieve stated objectives;
d) Extent and location/area of proposed works on appropriate scale maps and plans;
e) Type and source of materials to be used where appropriate, e.g. native species of local provenance;
f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development;
g) Persons responsible for implementing the works;
h) Details of initial aftercare and long-term maintenance;
i) Details for monitoring (including monitoring of the impacts on the SSSI and who is responsible for the monitoring) and remedial measures;
j) Details for disposal of any wastes arising from works.
The EDS shall be implemented in accordance with the approved details and the timetable for implementation and all features shall be retained in that manner thereafter;
15.
No development shall commence until a construction management plan for the control of noise, dust, vibrations and light pollution during construction has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved plan;
16.
With the exception of internal works the building works required to carry out the development and construction related deliveries to and from the site must only be carried out within the following times:-
08.00 - 18.00 Monday to Friday
09.00 - 13.00 on Saturdays
No working on Sundays or Public Holidays.
17.
Once brought into use deliveries and waste collection from the premises shall not take place outside the hours of:
08:00 and 20:00 Mondays to Fridays
08:00 to 13:00 on Saturdays
No deliveries or waste collection on Sundays or Public Holidays
18.
No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of soft landscaping, which shall include indications of all existing trees and hedgerows on the land (and adjacent to the site) including details of those to be retained, together with measures for their protection in the course of development. New soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate together with an implementation programme;
19.
All planting seeding or turfing comprised in the approved soft landscaping scheme shall be carried out prior to the occupation of any part of the development, or with the written agreement of the Local Planning Authority, in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 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;
20.
No development above ground shall take place until full details of the hard landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg furniture, play equipment, refuse or other storage units, signs lighting etc.); proposed and existing functional services above and below ground (eg drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant;
21.
All hard landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority;
22.
Before development is commended details of appropriate climate change mitigation and adaptation measures as required by policy SC3 and in accordance with the energy efficiency hierarchy in policy SC4 of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details;
23.
Before the development hereby approved is brought into use provision shall be made for the ability to connect to fibre-based broadband;
24.
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;
25.
The development hereby permitted shall not be brought into use until the archaeological site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 23 and that provision for analysis, publication and dissemination of results and archive deposition has been secured;
26.
In the event that there is a breach into the greensand layer below the site, emergency procedures as approved under reference HS/CD/16/00189 (in accordance with planning permission HS/FA/12/00802) shall be followed in the case of such an emergency.
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 order to maintain control over future use of the premises in the interests of highway safety. The approved development provides for less on-site parking than would typically be required for the approved use. This parking is acceptable for the intended occupier of the premises and their proposed use but should the occupier or use change the level of on-site parking would need to be reconsidered in accordance with policy DM4 of the Hastings Local Plan: Development Management Plan and Supplementary Planning Document - Parking Provision in New Developments;
4.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway;
5.
In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development;
6.
In the interests of highway safety and for the benefit and convenience of the public at large;
7.
To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway and to protect the adjacent ancient woodland;
8.
To prevent increased risk of flooding and to ensure the drainage proposals adequately protect features of nature conservation importance;
9.
To prevent increased risk of flooding and to ensure the drainage proposals adequately protect features of nature conservation importance;
10.
To prevent increased risk of flooding and to ensure the drainage proposals adequately protect features of nature conservation importance;
11.
To prevent increased risk of flooding and to ensure the drainage proposals adequately protect features of nature conservation importance;
12.
To protect features of recognised nature conservation importance;
13.
To protect features of recognised nature conservation importance and to protect neighbouring residential amenities;
14.
To protect features of recognised nature conservation importance;
15.
In the interests of the amenity of the neighbouring residential occupiers;
16.
To safeguard the amenity of adjoining residents;
17.
In the interests of the amenity of the neighbouring residential occupiers;
18.
In the interests of the health of the trees, to protect the visual amenity, to provide for adequate SuDS features and to mitigate/enhance recognised features of nature conservation importance;
19.
In the interests of the health of the trees, to protect the visual amenity, to provide for adequate SuDS features and to mitigate/enhance recognised features of nature conservation importance;
20.
To ensure a satisfactory form of development in the interests of the visual amenity;
21.
To ensure a satisfactory form of development in the interests of the visual amenity;
22.
To ensure the development complies with policies SC3 and SC4 of the Hastings Local Plan: The Hastings Planning Strategy;
23.
To ensure the development complies with policy SC1 of the Hastings Local Plan: The Hastings Planning Strategy;
24.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework;
25.
To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework; and
26.
To protect features of recognised nature conservation importance including the Marline Valley SSSI.
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.
A formal application for connection to the public foul sewerage system is required in order to service this development, please contact Southern Water: Developer Services, Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW. Tel: 0330 303 0119. E-mail: developerservices@southernwater.co.uk.
4.
Southern Water advise:
· that waste water grease traps should be provided on the kitchen drain waste pipe or drain installed and maintained by the owner or operator of the premises;
· hard surfacing should be drained by means of oil trap gullies or petrol/oil interceptors; and
· that should any sewer be found on site during construction works, an investigation of the sewer will be required to ascertain its condition, the number of properties served, and potential means of access before any works commenced on site. The applicant is advised to discuss the matter further with Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW. Tel: 0330 303 0119. E-mail: developerservices@southernwater.co.uk.
5.
The applicant may wish to consider the Workplace (Health, Safety and Welfare) Regulations 1992 in relation to the minimum requirements for toilet provision;
6.
If the applicant requires further information in relation to food, health and safety matters please contact Food Health & Safety on 01424 451078; and
7.
The applicant is reminded that conditions relating to biodiversity and drainage above should be consistent with the biodiversity and drainage strategy approved under HS/CD/16/00662 (as required by the s106 legal agreement relating to planning permission HS/FA/12/00802).
Supporting documents:
- MAP_HS_FA_15_00817_Queensway North, item 159b PDF 376 KB
- HS-FA-15-00817 Queensway North, Queensway, item 159b PDF 151 KB
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