LAND & DEVELOPMENT OFFICE 170 Church Road, Hove, BN3 2DJ 01273 829300 land@mishonmackay.com mishonmackay.com
APPLICATION NUMBER: APPLICANTS NAME(S): PROPOSAL: LW/15/0462 Seaview Developments ( Sussex ) Ltd ITEM NUMBER: 1 PARISH / WARD: Peacehaven / Peacehaven East Planning Application for Redevelopment of previous fuel service station and motel into 21 new 3 bed plus 5 new 2 bed houses along with 36 car parking spaces for social housing use SITE ADDRESS: 1 South Coast Road Peacehaven East Sussex GRID REF: TQ 42 00
1. SITE DESCRIPTION / PROPOSAL 1.1 Consideration of this application was deferred by the Planning Applications Committee on 11 November 2015, following receipt of a Highway Authority obejction to the application at the time. The decision to defer consideratiion was to allow time for negotiation between the applicant and Highway Authority, in an attempt to overcome the Highway Authority objection. Since then negotiations have been undertaken between the parties, resulting in amended plans and the Highway Authority now raising no objection, in principle, to the application. A revised report is set out below. 1.2 The site is the former Brighton Motel and associated filling station and cafe, located on the eastern edge of Peacehaven. It is understood that the motel closed in the mid-1990's, following which the buildings were demolished and site cleared. The site has been unused since closure of the motel. The site is bounded by the South Coast Road and The Highway to the north, bungalows in Wellington Road to the west and open land to the south and east. 1.3 This full application proposes residential redevelopment of the site. The proposal is for 26 houses (21 three-bed and 5 two-bed), with 37 parking spaces. The houses would be two-storey, with a third floor within the roof space served by a rear dormer. 1.4 There would be a single point of access onto the South Coast Road, leading to a central communal parking area, around which the houses would be positioned. 11 houses would face north onto the South Coast Road and The Highway (10 terraced and one detached) and would back onto the communal parking area, while the other 15 houses would face the communal area. Each house would have a private garden, with cycle storage and refuse facilities. 1.5 The applicant has indicated that all of the houses would be for "social rented" use, meaning that he would rent the houses privately rather than selling them. The planning policy requirement for 40% of the houses to be 'affordable' would be met, however, and secured through section 106 Agreement. 2. RELEVANT POLICIES LDLP: ST03 Design, Form and Setting of Development 3. PLANNING HISTORY LW/10/1452 - Erection of 28 self contained flats and 4 terraced houses - Refused LW/12/0240 - Erection of twenty houses, five flats and associated parking and open space - Approved LW/06/0142 - Outline application for the erection of 24 residential units comprising one x one bedroom flat, four x two bedroom flats, 10 x two bedroom terraced houses and nine x three bedroom terraced houses (the units are mainly two storey with some rooms in the roof) - Approved LW/04/0921 - Demolition of existing buildings and erection of 74 residential flats comprising of 62 one bedroom flats and 12 two bedroom flats, contained within three buildings, two of three storeys and one of four storeys, with a communal garden square at the centre Refused
4. REPRESENTATIONS FROM STANDARD CONSULTEES British Telecom I write in response to your letter dated 17th July regarding the above and confirm that I have been unable to identify any land or buildings owned or occupied by BT or Telereal Trillium within the area you have indicated. Environment Agency We consider that planning permission should only be granted to the proposed development as submitted if planning conditions are imposed requiring investigations into ground conditions, controlling any piling operations, requiring investigations into any unsuspected contamination which is discovered, and details of drainage to be submitted. This site overlies a principal aquifer, a valuable groundwater resource. The site has previously been used as a petrol filling station and documentation has been previously seen indicating that fuel tanks have been infilled. However, no site investigation reports have been provided regarding potential contamination issues. The conditions recommended above will secure further studies and ensure the development minimises risks to groundwater quality. Surface water drainage schemes incorporating soakaways will need to reference these studies. Natural England No objection. Sussex Police - C.P.D.A. In general terms supports the design and layout, which should give residents a sense of ownership and community and will deter trespass. Southern Water Plc No objection in principle, subject to a condition requiring surface and foul water drainage to be agreed. ESCC Archaeologist Recommends a programme of archaeological works. Peacehaven Town Council Refusal Recommended as this is a prime site and this would be the first sight of Peacehaven when entering the town. The design of this development does not meet the potential of this premium location which if done correctly could be an asset to Peacehaven, any development should have less dwellings, more parking and larger properties. This development does not meet policy 11 (to conserve and enhance the high quality and character of the district's towns, villages and rural environment) and 13 (sustainable travel) of the Core Strategy Note: PTC have contacted ESCC Highways to bring this application to their attention along with the potential development at 2 South Coast Road as access for each site will be opposite each other on the A259 on the apex of a bend and suggest a roundabout is installed if planning approved. Highway Authority After discussions with the applicant, the Highway Authority has no objection in principle, subject to conditions. 5. REPRESENTATIONS FROM LOCAL RESIDENTS One letter of objection received in response to the initial submission. This stated that the site is in a prime location and the proposal should reflect this. The existing view would be destroyed by the application proposal, which replaces the view with a miserable sight of 26 substantially identical houses which are each uninteresting and dark. A different approach
could enhance the site and give a better deal to Peacehaven. Reasons for the writer's comments are given as 'contextual significance, over-development, parking issues, traffic generation and traffic on A259'. 6. PLANNING CONSIDERATIONS Principle of residential-redevelopment 6.1 The site is within the Peacehaven Planning Boundary and constitutes 'brownfield' (ie previously-developed land). Planning policy generally encourages the provision of housing on land within this category. 6.2 This site has previously been granted planning permission for redevelopment for residential purposes. Approvals were granted in 2012 (LW/12/0240) and 2006 (LW/06/0142). The most recent approval, LW/12/0240, lapsed in July 2015, and comprised 25 houses and five flats. The 2006 approval, LW/06/0142, proposed 24 houses and flats. The current application is for 26 houses. 6.3 The redevelopment of the site for residential purposes has been previously accepted by the Council, at a similar density of development as that now proposed. Effect on the character of the area 6.4 The proposed residential use is compatible with the residential character of existing development within the Planning Boundary on this edge of Peacehaven. 6.5 Peacehaven Town Council has recommended refusal on grounds that the development would not meet the potential of this prime site. JCS Policy 11 indicates that all forms of development should be designed to a high standard to maintain and enhance the loval vernacular and 'sense of place' of individual settlements. The objector has raised a similar point. 6.6 It is certainly the case that the site is prominently located and, being on the edge of the built up area, is at the entrance to the town when entering the locality along the A259 from Newhaven. It would clearly be commendable if a development was proposed which met the aspirations of the Town Council, and the resident who has objected, regarding the site. However, the application must be considered on its merits. 6.7 The scale of the housing development (two-storey with rooms in the roof) would be appropriate to this location. On the entrance to Peacehaven, terraces of houses would face onto the road, thereby presenting a proper 'street frontage' to public view. Changes in external materials would present a varied appearance. It is considered that the development would be acceptable in terms of its external appearance. Effect on nearby residents 6.8 As the site is on the edge of the town, the only existing residents who would be directly affected by the proposed development are those living in Wellington Road. 2A Wellington Road is close to and backs onto the site at a lower level than the application site (separated by a wall with trellis above). Three of the new houses would back onto 2A, separated by their rear gardens and a pathway at a distance of 8m. 2A is sited close to its rear wall (sharing a boundary with the application site), and fencing will be required to prevent undue overlooking from the new houses which would back onto that boundary.
6.9 Those three houses would also be at the side of the rear garden of 2 Wellington Road, but would have no side windows facing no.2. The floor level of the nearest of those houses would be 1.5m above the garden level of 2 Wellington Road, meaning that the side wall of the house would be about 9m higher than the adjacent garden level. The side wall would be 1.4m off the shared boundary. There is no doubt that the proposed housing in the western part of the site would be prominent to adjacent occupiers in Wellington Road. However, on balance, and given that previous buildings were close to these boundaries, the relationship to existing properties is considered to be acceptable. Parking, access and traffic generation 6.10 A Transport Report has been submitted with the application. 6.11 The Report considers that the site is on the edge of Peacehaven and close to Newhaven, which together offer a wide range of facilities and amenities. Bus stops on the A259, with services along the coast to Brighton and Eastbourne are within a three minute walk and Newhaven Town train station is a 35 minute walk, with services to Seaford, Lewes, Gatwick and London. The site is therefore in a relatively sustainable location. 6.12 Cycle parking storage would be provided in private sheds for each house. 6.13 The Report also considers that suitable visibility splays are available both onto The Highway and where The Highway meets the South Coast Road. 6.14 A new footway would be provided along the site frontage, at the side of the South Coast Road. 6.15 The Report concludes by asserting that "The predicted traffic associated with the development proposals is insufficient to have a measurable impact on the surrounding junctions, the wider highway network or the existing public transport infrastructure and no further mitigation measures are required to facilitate the development". 6.16 After the Highway Authority initially recommended refusal, the applicant undertook discussions with the HA to try and overcome the objection. An amended plan was eventually submitted, altering the position of the access onto the South Coast Road, and adjusting on-site parking provision. The HA now raise no objection, subject to conditions. 6.17 Peacehaven Town Council has contacted the Highway Authority to bring the application to the Authority's attention, together with an approved development of 14 houses at 2 South Coast Road opposite the site on the other side of South Coast Road. PTC suggests that, if approved, a roundabout is installed, but this recommendation has not been accepted by the HA, who have considered the access requirements of both schemes. Affordable housing 6.18 It is understood that the applicant intends the development to be "100 per cent social housing". However, the Council's policy is for a housing development of this scale to deliver 40 per cent "affordable" housing (10.4 houses, or 11 rounded up). This would be delivered in the development and secured through a Section 106 Agreement. The development would therefore contribute to meeting local housing need. Financial contributions 6.19 The application requires a CIL payment, if the application is allowed.
Conclusion 6.20 The site is within the Planning Boundary and has a history of permissions for housing. This development broadly follows those earlier permissions, with a development of similar style and character. The proposed development is considered to be of an appropriate scale for the site and design at this 'entrance' to Peacehaven. The proposal would deliver 40% affordable housing, and is thus policy compliant in that respect and would help meet housing needs. 6.21 The proposal is considered to be acceptable, subject to a section 106 to secure 40 per cent of the development as 'affordable'. 7. RECOMMENDATION That the Director of Service Delivery be authorised to grant planning permission, subject to completion of a s106 Agreement to secure 40% of the housing to be 'affordable'. The application is subject to the following conditions: 1. Before the development hereby approved is commenced on site, details/samples of all external materials shall be submitted to and approved in writing by the Local Planning Authority and carried out in accordance with that consent. Reason: To ensure a satisfactory development in keeping with the locality having regard to Policy ST3 of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012. 2. Development shall not begin until details of finished floor levels in relation to the existing ground levels have been submitted to and approved by the Local Planning Authority. The works shall then be carried out in accordance with these details. Reason: In the interest of residential amenity and the character of the locality having regard to Policy ST3 of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012. 3. Any works in connection with this permission shall be restricted to the hours of 0800 to 1800 Mondays to Fridays and 0830 to 1300 on Saturdays, and not at any time on Sundays, Bank or Public Holidays. Reason: In the interest of the amenities of the adjoining residents having regard to Policy ST3 of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012. 4. 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. Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework 2012. 5. The development hereby permitted shall not be brought into use until the archaeological site investigation and post investigation assessment (including 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
Investigation approved under condition 4 to the satisfaction of the Local Planning Authority, in consultation with the County Planning Authority. Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded to comply with the National Planning Policy Framework 2012. 6. Development shall not begin until details of foul and surface water drainage arrangements have been submitted to and approved in writing by the Local Planning Authority. The approved drainage works shall be implemented prior to the Policy ST3 of the development. Reason: To secure a satisfactory standard of development having regard to **** of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012. 7. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: 1. A preliminary risk assessment which has identified: (a) all previous uses (b) potential contaminants associated with those uses (c) a conceptual model of the site indicating sources, pathways and receptors (d) potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with National Policy Guidance contained in the National Planning Policy Framework 2012. 8. Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and
arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with National Policy Guidance contained in the National Planning Policy Framework 2012. 9. Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with National Policy Guidance contained in the National Planning Policy Framework 2012. 10. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with National Policy Guidance contained in the National Planning Policy Framework 2012. 11. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. Reason; To enhance the general appearance of the development having regard to Policy ST3 of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012. 12. No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before first occupation of the development or in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details. Reason: To enhance the general appearance of the development having regard to Policy ST3 of the Lewes District Local Plan and to comply with National Policy Guidance contained in the National Planning Policy Framework 2012.
INFORMATIVE(S) 1. This development may be CIL liable and correspondence on this matter will be sent separately, we strongly advise you not to commence on site until you have fulfilled your obligations under the CIL Regulations 2010 (as Amended). For more information please visit http://www.lewes.gov.uk/planning/22287.asp 2. The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. This decision is based on the following submitted plans/documents: PLAN TYPE DATE RECEIVED REFERENCE Design & Access Statement 4 June 2015 Transport Assessment 6 October 2015 Survey Plan 5 January 2016 104 B Proposed Layout Plan 5 January 2016 1209/001/F Proposed Elevation(s) 5 January 2016 1209/002/E Proposed Elevation(s) 5 January 2016 1209/003/D Proposed Elevation(s) 5 January 2016 1209/004/D Proposed Elevation(s) 2 June 2015 1209/2BED/B Proposed Floor Plan(s) 2 June 2015 1209/2BED/B Proposed Roof Plan 2 June 2015 1209/2BED/B Proposed Elevation(s) 2 June 2015 1209/3BED/B Proposed Floor Plan(s) 2 June 2015 1209/3BED/B Proposed Roof Plan 2 June 2015 1209/3BED/B Proposed Block Plan 5 January 2016 1209/BLOCK1/B Proposed Elevation(s) 2 June 2015 1209/BOUND1/B
Location Plan 2 June 2015 1209/LOC1 Proposed Layout Plan 5 January 2016 1209/SLAB/F Other Plan(s) 2 June 2015 1209/SURV1/A Justification / Heritage Statement 4 June 2015 HERITAGE &ARCHAEOLOGICAL Planning Statement/Brief 4 June 2015 PLANNING POLICY ANALYSIS Planning Statement/Brief 4 June 2015 SUSTAINABILITY STATEMENT