Agenda item

Report by the Director of Communities, Economy and Transport

43.1     The Committee considered a report by the Director of Communities, Economy and Transport. A slight amendment to the Highway Authority Plan at Pitt Drive, following discussions between the applicant and Highways Authority, was brought to the Committee’s attention. 

43.2     Mr Colin Newbold spoke against the recommendation.

43.3     Fiona Wright, Assistant Director, Children’s Services and Maureen Fairhead, Headteacher of Cradle Hill Primary School, spoke in support of the recommendation.

43.4     Councillor Lambert, the Local Member, spoke to highlight concerns over the road safety and traffic management arrangements associated with the application and requested that further conditions be included on these matters.

43.5     Members have considered the officer’s report and the comments of the public speakers and Local Member, and agree with the conclusion and reasons for recommendation, as set out in paragraph 7 of the report.

43.6     RESOLVED, by four votes to none with Councillors Buchanan, Field and Taylor abstaining, to grant planning permission, subject to the completion of the following procedure:

(i)  To authorise the Director of Communities, Economy and Transport to secure, in conjunction with the Assistant Chief Executive, a Legal Agreement or Undertaking requiring a contribution of £5000 towards alterations to the Traffic Regulation Order to include additional ‘keep clear’ markings outside the School, a bus clearway on Lexden Drive, junction protection parking restrictions, the provision of 9 sets of pedestrian crossing points, and any other reasonable ancillary requirements; and

(ii) To authorise the Director of Communities, Economy and Transport to grant planning permission upon completion of the Legal Agreement or Undertaking subject to conditions along the lines as indicated in Minute 43.7 below.

(iii) To authorise the Director of Communities, Economy and Transport to refer the application back to this Committee if the Legal Agreement or Undertaking is not secured within 6 months.

43.7     The grant of permission should be subject to the following conditions:

1.      The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

         Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

2.      The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.

         Reason: For the avoidance of doubt and in the interests of proper planning.

3.      No development shall take place until a Construction Management Plan has been submitted to and approved in writing by the Director of Communities, Economy and Transport. The Plan shall include details of how noise and dust emissions and any external lighting will be controlled and minimised during the construction of the approved development to the benefit of occupiers of nearby properties. Details shall also be included on how the applicant/contractor will keep neighbours informed of the activities at the site, which may include letter drops and public liaison meetings. The approved Plan shall be carried out in full.

         Reason: In the interests of safeguarding the amenity of local residents, in accordance with Saved Policy ST3 of the Lewes District Local Plan 2003. 

4.      During construction of the development hereby permitted, no machinery shall be operated, no process shall be carried out and no deliveries taken or despatched from the site other than between the hours of 08.00 and 17.30 on Mondays to Fridays inclusive and between 08.30 and 13.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays, unless otherwise agreed in writing with the Director of Communities, Economy and Transport.

         Reason: To safeguard the amenities of the occupiers of properties in the vicinity of the site in accordance with Saved Policy ST3 of the Lewes Local Plan 2003.

5.      No works shall commence on site including the carrying out of any works of demolition until a detailed strategy and method statement has been submitted to and approved in writing by the Director of Communities, Economy and Transport for securing and demonstrating that the amount of construction waste resulting from the development has been reduced to smallest amount possible. The statement shall include details of the extent to which waste materials arising from the excavation and construction activities will be reused on site and demonstrating that maximum use is being made of these materials. If such reuse on site is not practicable, then details shall be given of the extent to which the waste material will be disposed of for reuse, recycling, composting or other method in accordance with best practice. All waste materials from the demolition and construction associated with the development shall be reused, recycled and dealt with in accordance with the approved strategy and method statement.

         Reason: To minimise the amount of construction waste to be removed from site for final disposal in accordance with Policy WMP3d of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013. 

6.      The surface water management proposals formulated for the detailed design stage shall be supported by detailed hydraulic calculations which shall be submitted to the Director of Communities, Economy and Transport for written approval. These calculations should take into account the connectivity of the different drainage features and should show a 'like for like' discharge rate between the existing and proposed scenarios during the 1 in 1, 1 in 30 and 1 in 100 (plus an allowance for climate change) rainfall events. The approved proposals shall be implemented in full.

         Reason: To minimise the potential for flooding, in accordance with Core Policy 12 of the Lewes District Local Plan Joint Core Strategy 2016 and the provisions of Part 10 of the National Planning Policy Framework 2012.

7.      No development shall take place until ground investigations have been undertaken at the site to confirm groundwater levels and infiltration rates and the details of the investigations shall be submitted to the Director of Communities, Economy and Transport for consideration and written approval. The investigations shall include soakage testing in accordance with BRE365. Any drainage measures that are required as a result of the ground investigations shall be implemented in accordance with details first to be agreed in writing with the Director of Communities, Economy and Transport.

         Reason: To minimise the potential for flooding, in accordance with Core Policy 12 of the Lewes District Local Plan Joint Core Strategy 2016 and the provisions of Part 10 of the National Planning Policy Framework 2012.

8.      Before occupation of the development a maintenance and management plan for the entire drainage system relating to the development shall be submitted to the Director of Communities, Economy and Transport for consideration and written approval. The plan shall clearly state which party will be responsible for managing all aspects of the surface water drainage system, including piped drains. The approved plan shall be implemented in full.

         Reason: To minimise the potential for flooding, in accordance with Core Policy 12 of the Lewes District Local Plan Joint Core Strategy 2016 and the provisions of Part 10 of the National Planning Policy Framework 2012.

9.      Prior to any ground works or demolition works commencing on site a full Construction Traffic Management Scheme (CTMS) shall be submitted to and approved by the Director of Communities, Economy and Transport. This shall include details on the size of vehicles, the routeing of vehicles and the hours of operation. The hours of delivery and collection should avoid peak traffic flow times and AM/PM peak school travel times. Details should also be provided on contractors' parking which should be provided off-street. The approved CTMS shall be implemented in full.

         Reason: In the interests of highway safety and the amenity of persons within the locality, in accordance with Core Policy 13 of the Lewes District Local Plan Joint Core Strategy 2016, Saved Policy ST3 of the Lewes District Local Plan 2003 and the provisions of Part 4 of the National Planning Policy Framework 2012.

10.    During any form of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment shall be provided within the site, details of which shall be first submitted to the Director of Communities, Economy and Transport for approval. The approved equipment shall be installed and used for the duration of the earthworks and/or excavations. No vehicle used in connection with the earthworks and/or excavations shall leave the site with mud or other debris on its wheels or bodywork.

         Reason: In the interests of highway safety and the amenity of persons within the locality, in accordance with Core Policy 13 of the Lewes District Local Plan Joint Core Strategy 2016 and Saved Policy ST3 of the Lewes District Local Plan 2003.

11.    The development shall not be occupied until the cycle and scooter parking areas as shown on approved drawing DR-A-0101-SO-E (Proposed Site Plan) have been provided in accordance with the details on the Site Plan and these areas shall thereafter be retained for these uses and shall not be used other than for the parking of cycles and scooters.

         Reason: In order that the development is accessible by non car modes of travel and to contribute to meeting the objectives of sustainable development, in accordance with Core Policy 13 of the Lewes District Local Plan Joint Core Strategy 2016 and the provisions of Part 4 of the National Planning Policy Framework 2012.

12.    An updated Travel Plan is required to support this development and shall be submitted to the Director of Communities, Economy and Transport for written approval before the occupation of the development hereby permitted. The Travel Plan should include targets for reduced car use and a monitoring programme to ensure these targets are met. This will need to recommend realistic proposals in providing for and improving non-car modes of travel through walking, cycling and the use of public transport and assess the residual impact of the development on the surrounding highway network including ameliorative measures, as necessary, which shall be first agreed in writing with the Director of Communities, Economy and Transport. The Travel Plan shall be carried out in accordance with the approved proposals.

         Reason: To ensure that private car trips to and from the site are reduced to contribute to meeting the objectives of sustainable development, in accordance with Core Policy 13 of the Lewes District Local Plan Joint Core Strategy 2016 and the provisions of Part 4 of the National Planning Policy Framework 2012.   

INFORMATIVE

1.      Due to the restricted nature of the public highway in the vicinity of the site, construction traffic could damage the carriageway/verges. The Highway Authority will require the applicant to reimburse their legitimate expenses in making good any such damage. Prior to the commencement of development the applicant should contact East Sussex Highways on 0345 6080193 to arrange a photographic survey and joint inspection of the local highway network. 

Schedule of Approved Plans

DR-A-0100-S0 - Location Plan, DR-A-0107-S0 - Existing Elevations, DR-A-0108-S0 - Existing Ground Floor Plan, DR-A-0109-S0 - Existing First Floor Plan, DR-A-0110-S0-C - Proposed Ground Floor Plan, DR-A-0111-S0-C - Proposed First Floor Plan, DR-A-0130-S0-B - Proposed Sections, DR-A-0116-S0-B- Proposed Roof Plan, DR-C-0050-S0-B - Drainage Plan, DR-A-0101-S0-E - Proposed Site Plan , DR-A-0103-S0-D - Proposed Bike Racks, H16170-P-501-A - Existing Drainage Aquatech, 0275-MBA-00-00-DR-A-0120-50-F - Proposed Elevations, Potential options for highway improvements - UKP-168-001 Rev B