Conditions imposed on Carelet
Conditions for application number: BH2009/00847
Condition 1
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Condition 2
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extension, enlargement or other alteration of the dwelling house(s) other than that expressly authorised by this permission shall be carried out without planning permission obtained from the Local Planning Authority.
Condition 3
The windows on the north west elevation of each unit servicing the bathrooms shall not be glazed otherwise than with obscured glass and thereafter permanently retained as such.
Reason: To safeguard the privacy of the occupiers of the adjoining property and to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan.
Condition 4
The development hereby approved shall not be occupied until the refuse and recycling storage facilities indicated on the approved plans have been fully implemented and made available for use. These facilities shall thereafter be retained for use at all times.
Condition 5
No development shall take place until samples of the materials (including colour of render, paintwork and colourwash) to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Condition 6
The iron gate within the front wall shown on the approved plans shall be painted black prior to the occupation of the development hereby permitted and shall be retained as such.
Reason: To ensure a satisfactory appearance to the development and to comply with policy HE6 of the Brighton & Hove Local Plan.
Condition 7
Notwithstanding the approved drawings the window proportions in the 'gatehouse' extension shall be of similar proportions to those within the existing properties in Princes Road. All new windows in the 'gatehouse' extension shall be painted softwood and shall be retained as such.
Reason: To ensure a satisfactory appearance to the development and to comply with policy HE6 of the Brighton & Hove Local Plan.
Condition 8
The external finishes of the 'gatehouse' extension hereby permitted shall match in material, colour, style, bonding and texture those of the existing building (number 81 Princes Road).
Reason: To ensure a satisfactory appearance to the development and to comply with policy HE6 of the Brighton & Hove Local Plan.
Condition 9
No development shall take place until a details of the door within the south east elevation of the 'gatehouse' extension shown on the approved drawings has been submitted to and approved in writing by the Local Planning Authority. The door and surround shall be painted softwood and the scheme shall the be carried out in accordance with the approved details and retained as such.
Reason: To ensure a satisfactory appearance to the development and to comply with policy HE6 of the Brighton & Hove Local Plan.
Condition 10
No development shall take place until protection measures for the TPO Chestnut tree at the entrance to the site set out in the tree report
submitted 7th April 2009 have been fully implemented. Once the measures are in place the Local Planning Authority shall be informed in writing no less than 14 days prior to development commencing on site. The development shall then be carried out in strict accordance with these protection.
Reason: To ensure adequate protection of the trees in accordance with QD16 of the Brighton & Hove Local Plan SPD06 Trees and Development sites.
Condition 11
The new dwellings shall be constructed to Lifetime Homes standards to the satisfaction of the Local Planning Authority.
Condition 12
No development shall take place until details of the ambulant stairs including railings have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in strict accordance with the approved details.
Reason: To ensure satisfactory provision of homes for people with disabilities and to meet the changing needs of households and to ensure a satisfactory appearance to the development and to comply with policies HO13 and QD1 of the Brighton & Hove Local Plan.
Condition 13
No development shall take place until a written Waste Minimisation Statement, confirming how demolition and construction waste will be recovered and reused on site or at other sites, has been submitted to and approved in writing by the Local Planning Authority. The measures shall be implemented in strict accordance with the approved details.
Condition 14
The hard surface hereby approved shall be made of porous materials and retained thereafter or provision shall be made and retained thereafter to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the property.
Condition 15
The development hereby permitted shall not be occupied until the cycle parking facilities shown on the approved plans have been fully implemented and made available for use. The cycle parking facilities shall thereafter be retained for use by the occupants of, and visitors to, the development at all times.
Condition 16
No development shall take place until details of a scheme to provide sustainable transport infrastructure to support the demand for travel
generated by the development has been submitted to and approved in writing by the Local Planning Authority. This shall include a timetable for the provision to be made and shall be carried out in accordnce with the approved details.
Condition 17
No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed to the satisfaction of the Local Planning Authority.
Condition 18
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme for landscaping, including a timescale for implementation, for implementation which shall include hard surfacing, means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land, together with measures for their protection in the course of development to BS 5837 (2005). The scheme shall include a nature conservation plan produced by a qualified ecologist and shall include details of the construction and maintenance of the wildlife pond, landscape planting, sedum roofs, chalkland grassland roofs, green walls and bird and bat nesting boxes on each house defining the number of boxes of each type to used and should be manufactured from 'woodcrete' or equivalent. The plan shall also include materials to be used, dimensions, plant species and cross sections of the green roofs.
Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD1 and QD15 and QD17 of the Brighton & Hove Local Plan.
Condition 19
All planting, seeding or turfing comprised in the approved scheme of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and 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. All hard landscaping and means of enclosure shall be completed before the development is occupied.
Reason: To enhance the appearance of the development in the interest of the visual amenities of the area and to comply with policies QD1, QD15 and QD17 of the Brighton & Hove Local Plan.
Condition 20
Unless otherwise agreed in writing by the Local Planning Authority, no residential development shall commence until:
(a) evidence that the development is registered with the Building Research
Establishment (BRE) under the Code for Sustainable Homes and a Design Stage
Report showing that the development will achieve Code level 5 for all residential units have been submitted to the Local Planning Authority; and
(b) a BRE issued Interim Code for Sustainable Homes Certificate
demonstrating that the development will achieve Code level 5 for all residential units has been submitted to, and approved in writing by, the
Local Planning Authority. A completed pre-assessment estimator will not be acceptable.
Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy SU2 of the Brighton & Hove Local Plan and Supplementary Planning Document SPD08
Sustainable Building Design.
Condition 21
Unless otherwise agreed in writing by the Local Planning Authority, none of the residential units hereby approved shall be occupied until a Building Research Establishment issued Final Code Certificate confirming that each
residential unit built has achieved a Code for Sustainable Homes rating of Code level 5 has been submitted to, and approved in writing by, the Local Planning Authority.
Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with policy SU2 of the Brighton & Hove Local Plan and Supplementary Planning Document SPD08
Sustainable Building Design.
Condition 22
No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a detailed scheme for
remedial works and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring. Such scheme shall include nomination of a competent person
to oversee the implementation of the works.
Condition 23
The development hereby permitted shall not be occupied or brought into use until there has been submitted to the local planning authority verification by a competent person approved under the provisions of condition (i)c that
any remediation scheme required and approved under the provisions of condition (i)c has been implemented fully in accordance with the approved details (unless varied with the written agreement of the local planning authority in advance of implementation). Unless otherwise agreed in writing by the local planning authority such verification shall comprise:
a) as built drawings of the implemented scheme;
b) photographs of the remediation works in progress;
c) certificates demonstrating that imported and/or material left in situ is free from contamination.
Thereafter the scheme shall be monitored and maintained in accordance with
the scheme approved under condition (i) c."
Reason: Previous activities associated with this site may have caused, or had the potential to cause, land contamination and to ensure that the
proposed site investigations and remediation will not cause pollution and in accordance with policy SU11 of the Brighton & Hove Local Plan.
Condition 24
No development shall commence until noise mitigation measures in line with
those detailed on pages 13 and 14 of the noise assessment submitted on 5th June 2009 have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in strict accordance with the approved details.
Reason: To safeguard the amenity of the occupiers of the development and to comply with policies QD27 and SU10 of the Brighton & Hove Local Plan.
Informatives for application number: BH2009/00847
Informatives:
1. This decision is based on drawing nos. 0409 - 01, 0409 - 04, 0409 - 06
and 0409 - 07 submitted on 7th April 2009, 0409 - 10 submitted on 16th April
2009, 0409 - 02A, 0409 - 03A, 0409 - 05A, 0409 - 08B, 0409 - 09A submitted
on 3rd July 2009, Noise Assessment submitted 5th June 2009 and Tree Report
submitted 7th April 2009.
2. This decision to grant Planning Permission has been taken:
(i) having regard to the policies and proposals in the East Sussex and Brighton & Hove Structure Plan and the Brighton & Hove Local Plan set out
below:
Brighton & Hove Local Plan:
TR1 Development and the demand for travel
TR7 Safe development
TR14 Cycle access and parking
TR18 Parking for people with a mobility related disability
TR19 Parking standards
SU2 Efficiency of development in the use of energy, water and materials
SU5 Surface water and foul sewage disposal infrastructure
SU10 Noise nuisance
SU11 Polluted land and buildings
SU13 Minimisation and re-use of construction industry waste
SU14 Waste management
SU15 Infrastructure
QD1 Design - quality of development and design statements
QD2 Design - key principles for neighbourhoods
QD3 Design - full and effective use of sites
QD4 Design - strategic impact
QD7 Crime prevention through environmental design
QD15 Landscape design
QD16 Trees and hedgerows
QD17 Protection and integration of nature conservation features
QD18 Species protection
QD20 Urban open space
QD27 Protection of amenity
QD28 Planning obligations
HO3 Dwelling types and densities
HO4 Dwelling densities
HO5 Provision of private amenity space
HO6 Provision of outdoor recreation space
HO7 Car free housing
HO13 Accessible housing and lifetime homes
HE6 Proposals in Conservation Areas.
Supplementary Planning Guidance Documents: (SPD's/SPG's)
SPGBH4: Parking Standards
SPD03: Construction and Demolition Waste
SPD06: Trees and Development Sites
SPD08: Sustainable Building Design
Planning Advice Notes (PAN)
PAN03: Lifetime Homes; and
(ii) for the following reasons:-
The proposal would provide the City with four family sized dwellings each with private amenity space. The scheme is of an acceptable design which will preserve the character of the conservation area and includes ecological and
landscape enhancements. The development will not cause demonstrable harm to the residential amenity of neighbouring dwellings and with the imposition of conditions to control the scheme in detail, it accords with the Development Plan.
3. The applicant is advised that details of the Code for Sustainable Homes can be found on the Planning Portal (www.planningportal.gov.uk), on the Department for Communities and Local Government website (www.communities.gov.uk) and in Supplementary Planning Document SPD08
Sustainable Building Design, which can be accessed on the Brighton & Hove City Council website (www.brightonhove.gov.uk).
4. The applicant is advised that the requirements of Condition 16 may be satisfied by the completion of a Unilateral Undertaking or Agreement under s106 of the Town and Country Planning Act 1990, to provide £6,000 to fund
improved sustainable transport infrastructure in the vicinity.
5. The applicant is advised to contact the Council's Arboriculturalist prior to development commencing on site once the protection measures for the Chestnut tree at the entrance to the site as set out in the tree report submitted with the application have been put in place.
6. Prior to any works commencing on site, the applicant is advised to contact Network Rail to inform them of intention to commence works no less then 6 weeks prior to the date of works commencing on site. Any scaffolding which may be constructed within 10m of the railway boundary fence must be erected in such a manner that at no time any poles shall over-sail the railway and protective netting around the scaffolding must be installed.
7. Any further investigation works carried out in terms of Condition 22 and land quality and contamination shall include leachability testing to
determine the risk to ground water and additionally the potential for ground gases to impact on the proposed development