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Agenda item
Land Rear of 38-40 Nelson Road
Minutes:
LAND REAR OF 38-40 NELSON ROAD
Proposal:
Erection of a pair of semi-detached houses.
Application No:
HS/FA/14/00660
Existing Use:
Vacant Land
Hastings Local Plan 2004
DG1, DG2, DG3, DG11
Conservation Area:
No
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
FA2, SC1, EN1, EN3, EN7, EN8, H1, H2, H3, T3
Development Management Plan
Proposed Submission Version:
DM1, DM3, DM4, HN5, HN7, HN8, HN9
Public Consultation:
1 petition and 6 letters of objection received.
The Development Manager reported on an application for the erection of a pair of two bedroom semi-detached houses at Land rear of 38-40 Nelson Road, Hastings.
The site consists of a vacant parcel of land located at Nelson Road. The area is residential and is defined mainly by three storey terraced buildings.
The current scheme is for a pair of semi-detached dwellings which are to be built of facing brick with roof tiles and UPVC windows. Each dwelling is to be two bedroom with private amenity space to the side and rear.
The proposal also involves the removal of a preserved sycamore tree and its replacement with two trees either side of the proposed dwellings.
The main issues considered were the impacts on the character and appearance of the area; amenity of neighbouring residents; protected trees; living environment; loss of open space; housing type and affordable housing; drainage; highway safety and parking; and ecology and biodiversity.
The Development Manager felt the proposal would preserve the character and appearance of the area and through the use of conditions would not result in adverse impacts on its surroundings. As such he recommended the application be approved subject to conditions and a legal agreement to cover affordable housing and the formation of additional permit parking bays.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
The petitioner, had been invited to attend, but was not present.
The applicant, Mr Cos Polito, was present, but chose not speak in the absence of the petitioner.
Councillor Rogers proposed a motion to approve the application as set out in the resolution below. This was seconded by Councillor Wincott.
RESOLVED– (unanimously) that:-
(A) The Development Manager be authorised to issue planning permission on the completion of a Unilateral Undertaking to secure the provision of a financial contribution towards affordable housing. In the event of the agreement not being completed by 8 April 2015 that the Development Manager be authorised to refuse permission on the grounds that adequate provision has not been made for the provision of affordable housing.
(B) Subject to (A) above grant 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.
No dwelling hereby approved shall be occupied until readily accessible external storage space for refuse bins has been provided to the satisfaction of the Local Planning Authority;
3.
No development shall take place until samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been made available for inspection at the site and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details;
4.
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 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;
5.
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;
6.
No development shall take place until full details of all boundary enclosures have been submitted to and approved in writing by the Local Planning Authority. All such boundary enclosures shall be erected before the building to which it relates is occupied;
7.
The side facing windows at first floor level shall be obscure glazed with obscure glass to a minimum level of obscurity equivalent to Pilkington Texture Glass Level 3, or similar equivalent and be permanently fixed shut and non-opening below 1.8 metres from finished floor level;
8.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or as may be subsequently amended or re-enacted no extensions to the dwellings or outbuildings shall be formed/erected without the grant of an additional planning permission;
9.
Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows other than those expressly authorised by this permission shall be constructed;
10.
The development shall be completed in accordance with the submitted arboricultural statements and reports (Tree Survey Arboricultural Impact Assessment & Tree Protection Plan Land r/o 38-40 Nelson Road Hastings East Sussex TN34 3RZ dated June 2014 and Supplementary Planting Plan Land r/o 38-40 Nelson Road Hastings East Sussex TN34 3RZ dated September 2014 prepared by the Mayhew Consultancy Ltd) unless otherwise agreed in writing by the Local Planning Authority;
11.
(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 hereby approved shall occur until those works have been completed;
(iii) No occupation of any of the dwellings 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.
12.
No development shall take place until the measures outlined in the submitted ecological statements and reports (Preliminary Ecological Appraisal Land r/o 38-40 Nelson Road Hastings East Sussex TN34 3RZ dated July 2014 prepared by The Mayhew Consultancy) have been fully implemented, unless:
(i) the programme for such measures is otherwise specified within that document (for example with regard to measures related to monitoring, further survey work, the erection of bird boxes on buildings or other conservation enhancements), in which case the works shall be carried out in accordance with the timescales contained therein or;
(ii) unless the scheme(s), or programme(s) of measures contained within the ecological statements and reports is otherwise first varied, by way of prior written approval from the Local Planning Authority.
13.
The dwellings hereby approved shall not be occupied until provision has been made for high speed broadband infrastructure to serve the development;
14.
The development hereby permitted shall be carried out in accordance with the following approved plans:
Site plan, NR.1124.10 & NR.1124.11
15.
The development shall not be occupied until cycle parking areas has been provided in accordance with details which have been submitted to and approved in writing by the Local Planning Authority and the areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles.
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990;
2.
To ensure a satisfactory form of development in the interests of the character and amenity of the area;
3.
In the interests of the character and amenity of the Conservation Area;
4.
To ensure a satisfactory form of development in the interests of the visual amenity;
5.
To ensure a satisfactory form of development in the interests of the visual amenity;
6.
To ensure a satisfactory form of development in the interests of the character and amenity of the area and to safeguard the amenity of adjoining and future residents;
7.
To protect the amenities of adjoining residential properties;
8.
To safeguard the amenity of adjoining and future residents;
9.
To safeguard the amenity of adjoining and future residents;
10.
In the interests of the visual amenity of the area and to ensure a satisfactory standard of development;
11.
To ensure a satisfactory standard of development;
12.
To protect features of recognised nature conservation importance. (Hastings Local Plan 2004 policies NC8 and NC9);
13.
To ensure a satisfactory standard of development;
14.
For the avoidance of doubt and in the interests of proper planning; and
15.
In order that the development site is accessible by non car modes and to meet the objectives of sustainable development.
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.
Consideration should be given to the provision of a domestic sprinkler system;
4.
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; and
5.
In the event that any sewers are found within the site the applicant is advised to contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW (Telephone: 0330 303 0119) or www.southernwater.co.uk.
Supporting documents:
- 1. Land Rear of 38-40 Nelson Road, item 39a PDF 77 KB
- 1a. Plan - Land rear of 38-40 Nelson Road, item 39a PDF 460 KB
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