Asda, Battle Road
Planning application HS/FA/23/00712
Asda, Battle Road, St Leonards-on-sea, TN37 7AA
What is proposed
Amendment to condition 11 (Delivery hours) of Planning Permission HS/FA/09/00284 (Application for… cut short in the council’s list; the full wording is on its file
Where it stands
- Reference: HS/FA/23/00712
- Street: Battle Road
- Ward: Wishing Tree
- Validated: before our record starts on 21 April 2026, so we hold only its decision
- Decision: Granted permission, in the week of Mon 17 Aug 2026
Conditions attached
- Materials and design details
The materials used in the construction of the approved development shall be those approved under applications ref: HS/NM/10/00552 and HS/CD/25/00068.
- Trees and landscaping
Within three months of the date of this application, a planting specification detailing the plants and trees within the site shall be submitted to the Local Planning Authority for their written approval. The soft landscaping works within the site shall be in accordance with the information shown on site plan ref: 3269/308 and plan ref: 786-07 [name removed]
- Trees and landscaping
The hard landscaping works within the site shall be in accordance with the information submitted under discharge of condition application ref: HS/CD/25/00068.
- Something else
The secure cycle racks and cycle lockers for customers and staff, and the shower facilities for staff shall be maintained within the site for the lifetime of the development in accordance with the details submitted under discharge of condition application ref:HS/CD/25/00068.
- Something else
The re-cycling facility as shown on approved site plan (ref: 3269/308) shall hereafter remain operational for the lifetime of the development, to the satisfaction of the Local Planning Authority.
- Bins and recycling
The facilities for the storage of refuse and waste materials shall be maintained within the site for the lifetime of the development in accordance with the details approved under discharge of condition application ref: HS/CD/25/00068.
- Lighting
Within three months of the date of this planning permission, the technical specification of all exterior lighting, including illuminated signs and lights to be attached to the buildings or sited in the car park and along access roads, shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include details of times of illumination of all lights and illuminated signs and any variations in brightness. Thereafter the lighting shall continue to be operated only in accordance with the approved details, and no additional lighting shall be installed unless first approved in writing by the Local Planning Authority.
- Noise, plant and smells
The acoustic barrier around the service yard shall be maintained for the lifetime of the development in accordance with the details submitted and approved under discharge of condition ref: HS/CD/25/00068, with a mass of at least 20kg/m2 and a height of 3.75m and lined with acoustic material.
- Materials and design details
During the loading and unloading of goods or materials between 2300 and 0500 hours, the following must be observed within the store service yard: · Engines of all service vehicles shall be switched off when not manoeuvring; · Service vehicle refrigeration units shall be switched-off; · Service vehicle radios and intercom systems shall be switched off; HGVs shall only be unloaded and loaded when attached to the dedicated HGV loading dock.
- Bins and recycling
The maintenance and cleaning of the recycling bins and their immediate environs shall be carried out in perpetuity to the satisfaction of the Local Planning Authority and in accordance with the information approved under discharge of condition application ref: HS/CD/25/00068.
- Something else
The Travel Plan prepared by Cottee Transport Planning (report ref: EM/0632) shall be adhered to at all times.
- Built to the approved plans
The development hereby permitted shall be carried out in accordance with the following approved plans: 3269/202A; 3269/301; 3269/307; 3269/201A; 3269/303; 3269/203; 3269/204; 3269/309; 3269/310; 3269/306; 3269/302; 3269/304; 3269/308
- Something else
The Shopping Trolley Retention System shall be maintained in good working order at all times in line with the details approved under discharge of condition ref: HS/CD/25/00068.
- Drainage and flooding
Prior to being discharged into any watercourse, surface water or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies to BS 5911:1982 with an overall capacity compatible with the site being drained.
- Drainage and flooding
The drainage strategy for the approved development shall be maintained in good working order in accordance with the details submitted under discharge of condition application ref: HS/CD/25/00068.
- Something else
The customer restaurant indicated on drawing 3269/301 shall remain in the use permitted under application ref: HS/FA/22/00475 unless otherwise agreed in writing by the Local Planning Authority.
- How the building or land is used
The retail store shall at all times remain accessible to customers during store opening hours via the "customer restaurant entrance" in accordance with the details approved under discharge of condition ref: HS/CD/25/00068.
- Materials and design details
The glazed shopfront / restaurant doors and windows to the Battle Road frontage shall at all times be maintained in clear glass throughout, and unless otherwise first agreed in writing by the Local Planning Authority shall not be obscured, laminated, screened or otherwise blocked so as to prevent substantial direct vision into the unit from outside.
- How the building or land is used
The retail unit hereby permitted shall have a net sales area (excluding check-outs, customer toilets & other non-retail areas such as entrance lobby and customer restaurant) not exceeding 3570 square metres. Of this not more than 40% shall be used for the display of comparison goods.
- Contaminated land
The risks associated with contamination of the site and any remediation measures and future management shall be dealt with in accordance with the details as approved by letter ref: BA90017V/CS dated 15th March 2010.
- Contaminated land
If 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.
- Materials and design details
Nothing other than clean uncontaminated fill materials shall be deposited on the site.
- Contaminated land
No percolation tests should be carried out in land suspected of being contaminated. Due to the presence of Wadhurst Clay it is unlikely that adequate infiltration will be achieved in clay. No soakway should be sited in or allowed to discharge into land impacted by contamination or land previously identified as being contaminated.
- Something else
Piling or any other foundation designs using penetrative methods shall not be permitted other than with the prior express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.
- Drainage and flooding
The development permitted by this planning permission shall be maintained in perpetuity in accordance with the approved Flood Risk Assessment (FRA) (Reference No. JKK4189 and dated February 2008), and the following mitigation measures detailed within the FRA: Limiting the surface water run-off generated by the 1 in 100 year critical storm (a climate change allowance of 20%) to result in a net reduction of the run-off rate from the previously developed site by 9% (as stated in the FRA, para 5.5, page 11).
- Something else
The measures to protect the public sewers and any diversion of the sewers shall be in accordance with the details submitted under discharge of condition application ref: HS/CD/25/00068.
- Parking, access and cycles
The car parking area and roadway shall be maintained in accordance with the details set out in the approved site plan and thereafter the car parking area shall not be used for any purpose other than the parking of vehicles.
- Something else
The plant equipment and machinery for the approved d evelopment shall be maintained in accordance with the details approved under discharge of condition application ref: HS/CD/25/00068.
- Built to the approved plans
(i) The existing vehicular access adjacent to the northwest corner of the proposed store, and shown on drawing 3269/300 hereby approved, shall be gated and secured, and only used in the event of an emergency. (ii) The pedestrian/cycle links shown on drawing 3269/300 hereby approved, to the eastern side of the store between the site frontage with Battle Road and Theaklen Drive, and between the car park and Chichester Road shall be maintained in accordance with the approved drawings. (iii) No access to the site, other than the approved customer and service accesses together with the pedestrian/cycle links stipulated in ii) above shall be created.
- Something else
The premises shall not be open to the public except between the following hours:- 0500-2300 hours on any day.
- Something else
The improvements to the Silverhill traffic signal controlled junction and the proposed access to the site shall be maintained in accordance with the requirements of the S278 agreement dated 12th August 2010 between (i) East Sussex County Council (ii) McLagan Investments Limited and (iii) Liberty Mutual Insurance Europe Limited, the Deed of Dedication dated 5th July 2012 between (i) McLagan Investments Limited and (ii) East Sussex County Council and the Deed of Dedication dated 13th August 2012 between (i) National Society for the Prevention of Cruelty to Children and (ii) East Sussex County Council.
- Parking, access and cycles
The covered cycle parking spaces and provision for powered 2 wheeled vehicles shall be retained in working order in perpetuity in accordance with the details submitted under discharge of condition application ref: HS/CD/25/00068.
- Something else
The customer lift between the ground floor and the mezzanine floor shall be retained in working order and made available for customers in perpetuity at all times when the store is open (except for necessary cleaning and other maintenance).
Conservation and heritage on this street
None of the town’s 18 conservation areas reaches Battle Road as mapped.
Tree preservation orders within about 40 m of Battle Road’s line, from the council’s map data:
- TPO 4: made 17 June 1957, confirmed 4 December 1957; 6 groups of trees, 7 areas of trees, 8 woodlands in the order. The order (PDF) ↗
- TPO 9: made 24 November 1949, confirmed 13 April 1950; 4 groups of trees, 8 woodlands in the order. The order (PDF) ↗
- TPO 37: made 15 July 1970, confirmed 14 November 1973; 15 trees, 9 groups of trees, 30 areas of trees, 31 woodlands in the order. The order (PDF) ↗
- TPO 38: made 2 September 1970, confirmed 2 September 1970; 16 trees, 13 groups of trees, 19 areas of trees, 17 woodlands in the order. The order (PDF) ↗
- TPO 163: made 27 January 1995, confirmed 3 April 1995; 12 trees in the order. The order (PDF) ↗
- TPO 261: made 4 March 2008, confirmed 21 May 2008; 1 tree in the order. The order (PDF) ↗
- TPO 274: made 13 July 2011, confirmed 17 August 2011; 3 trees in the order. The order (PDF) ↗
Flood zones, the coast and protected nature on this street
Flood zones
Part of Battle Road is in Flood Zone 2 (rivers). That is the Environment Agency’s flood map for planning, which shows land that could flood from rivers or the sea, ignoring the benefits of any existing flood defences.
Locations in flood zone 2 have a medium probability of flooding.
This means, in any year, land has:
- between a 1% and 0.1% (between 1 in 100 and 1 in 1,000) chance of flooding from rivers
- between a 0.5% and 0.1% (between 1 in 200 and 1 in 1,000) chance of flooding from the sea.
Flood zone 2 developments need a flood risk assessment as part of their planning application.
Protected nature
- High Weald National Landscape ↗ (National Landscape (Area of Outstanding Natural Beauty)): Battle Road’s line passes within about 10 m of it.
- Ancient woodland: Battle Road’s line passes within about 100 m of 2 parcels on Natural England’s inventory (Marline/Hoads Woods).
Comments on the application
Who the council consulted
- Highways, asked Tue 21 May 2024
- Environmental Health Pollution, asked Tue 21 May 2024
Consultee responses on the file
- HIGHWAYS, Fri 20 Oct 2023
- ENVIRONMENTAL HEALTH, Tue 24 Oct 2023
- HIGHWAYS, Wed 20 Dec 2023
- HIGHWAYS, Thu 23 May 2024
- ENVIRONMENTAL HEALTH, Wed 5 Jun 2024
- HIGHWAYS, Mon 10 Jun 2024
Is a comment public?
The council’s page on commenting says: “All comments will be made available to view online and will be treated in accordance with our privacy policy. Comments will be redacted where they contain personal information or are inappropriate in their content.” It also says: “Please note that we do not accept anonymous comments.” Commenting on an application, on the council’s site ↗ (read 13 October 2026).
We count the comments on the council’s file. We never copy a commenter’s name, address or words, and we don’t list who objected: that is on the file.