Agenda item

A01 - F/TH/16/1579 - Disused Railway Line Between Nash Court Gardens And Nash Road, Margate

Minutes:

PROPOSAL: Erection of 7no. single storey dwellings with associated access road.

 

Speaking in favour of the application was Mr Brown.

 

It was proposed by the Chairman and seconded by the Vice-Chairman:

 

“THAT the officer’s recommendation be adopted, namely:

 

‘That the application be APPROVED 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.

 

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

 

2  The development hereby approved shall be carried out in accordance with the submitted drawings numbered:

16122-01-D (received 18/01/17)

16122-02-C (received 18/01/17)

16122-03-B

16122-04-A

16122-05-D (received 02/02/17)

16122-07-A (received 22/03/17)

16122-08-A (received 22/03/17)

11903/A1/01 Revision D (received 23/01/17)

11903/A1/02 Revision A (received 23/01/17)

 

GROUND:

To secure the proper development of the area.

 

3  No development shall take place on any external surface of the development hereby permitted until details of the type, colour and texture of all materials to be used for the external surfaces of the buildings have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

 

GROUND:

To ensure a satisfactory external appearance and grouping of materials in accordance with the principles of the NPPF.

 

4  Before the first occupation of plot 7 hereby permitted the kitchen window within the rear elevation shall not be less than 1.7 metres above the floor of the room in which it is installed. The window shall be permanently retained in that condition thereafter.

 

GROUND:

To protect the residential amenities of the occupiers of nearby property.

 

5  Notwithstanding the provisions of Schedule 2, Part 1, Classes B and C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), the enlargement of the dwelling house consisting of an addition or alteration to its roof shall not be allowed without the granting of specific planning permission.

 

GROUND:

In order that the Local Planning Authority may retain control of development which might be detrimental to the amenities of the locality if otherwise allowed by the above mentioned Order.

 

6  Prior to first occupation of any part of the development hereby permitted, a plan shall be submitted to and approved in writing by the Local Planning Authority indicating the positions, heights, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the occupation hereby permitted is commenced or before the buildings are occupied or in accordance with a timetable to be approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

GROUND:

To ensure that the development is compatible with the amenities of the locality in accordance with the NPPF.

 

7  Prior to the commencement of development hereby approved,  full details of both hard and soft landscape works, to include:

 

o  species, size and location of new trees, shrubs, hedges and grassed areas to be planted

o  the treatment proposed for all hard surfaced areas beyond the limits of the highway

o  walls, fences, other means of enclosure proposed

 

shall be submitted to, and approved in writing by, the Local Planning Authority.

 

 

 

 

GROUND:

In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies D1 and D2 of the Thanet Local Plan

 

8  All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development, or in accordance with a programme of works to be agreed in writing with the Local Planning Authority. 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 a similar size and species, unless the Local Planning Authority gives any written consent to any variation.

 

GROUND:

In the interests of the visual amenities of the area in accordance with Policies D1 and D2 of the Thanet Local Plan

 

9  A landscape management plan (including long term design objectives), management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its approved use. The landscape management plan shall be carried out as approved.

 

GROUND:

In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies D1 and D2 of the Thanet Local Plan

 

10  Prior to development commencing the developer shall submit a detailed construction management plan to the local authority. The local authority shall confirm approval of the plan in writing prior to development commencing. The construction management plan will be adhered to by the developer at all times. The construction management plan shall include (but not limited to) the following titles:

 

a.  Construction process

  i  To include any mitigation measures for neighbouring sensitive premises

  ii.  To include hours of operational construction work.

b.  Site deliveries plan

i.  Given the limited access this is to include times deliveries   will be accepted and if required plans to mitigate for large scale deliveries of materials and equipment.

  ii  Areas for loading and unloading for delivery vehicles

c.  Construction site dust management strategy

d.  Construction noise management

  i.  To include expected significant noise generating activities and mitigation

e.  Site parking strategy for staff and traffic management

  i.  To include strategy on dealing with overflow of site staff parking in the vicinity.

ii  Traffic movements to and from the site and any necessary traffic management measures

  iii  Wheel washing facilities 

f.  Waste Management policy

  i.  We advise this includes a restriction on any burning of material at the site

g.  Mitigation for the construction phase of the development

 

Shall be submitted to, and approved in writing by, the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties, and pollution measures are in place for all potentially polluting activities during construction and highway safety in accordance with paragraph 109 of the National Planning Policy Framework and saved policy D1 of the Thanet Local Plan. 

 

 

11  Prior to the commencement of the development hereby approved, the applicant, or their agents or successors in title, shall secure the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has first been submitted to and approved in writing by the Local Planning Authority

 

GROUND:

To ensure that the archaeological history of the site is recorded in accordance with the advice contained within National Planning Policy Framework.

 

12  Prior to the commencement of development approved by this planning permisson (or such other date or stage in development as may be agreed in wrtiing 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:

. all previous uses

. potential contaminants associated with those uses

. a conceptual model of the site indicating sources, pathways and receptors

. 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 results of the site invèstigation and the detailed risk assessment referred to in (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 the remediation strategy 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 written consent of the local planning authority. The scheme shall be implemented as approved.

 

GROUND:

In the interests of protecting the environment and the future occupants of the development in accordance with the NPPF. This needs to be a pre-commencement condition given the need to ensure that contamination is fully dealt with at the outset of development.

 

13  No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of 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. The long-term monitoring and maintenance plan shall be implemented as approved.

 

GROUND:

To prevent pollution of controlled waters, in accordance with the National Planning Policy Framework (NPPF).

 

14  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 a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

GROUND:

To prevent pollution of controlled waters, in accordance with the National Planning Policy Framework (NPPF).

 

15  The developer must ensure a watching brief is carried out by a suitable consultant during demolition and foundation works. Any measures to control any contamination identified during these activities shall be agreed with the Local Planning Authority before further construction commences.

 

GROUND:

To prevent pollution of controlled waters, in accordance with the National Planning Policy Framework (NPPF).

 

16  Piling or any other foundation designs/ investigation boreholes using penetrative methods shall not be permitted other than with the 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. The development shall be carried out in accordance with the approved details.

 

GROUND:

To prevent pollution of the underlying chalk Principal Aquifer in line with the sustainable development aims of the NPPF.

 

17  No drainage systems for the infiltration of surface water drainage into the ground are permitted other than with the 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 controlled waters. The development shall be carried out in accordance with the approved details.

 

GROUND:

Infiltration through contaminated land has the potential to impact on groundwater quality.

 

18  No development shall commence until full details of the foul and surface water drainage arrangements for the site have been submitted to and approved in writing by the Local Planning Authority. The drainage details shall be constructed as approved before any part of the development hereby permitted is brought into use.

 

GROUND:

To ensure that there is a satisfactory means of drainage in accordance with the NPPF.

 

19  No works shall commence on the site until such time as detailed plans of the measures to prevent discharge of surface water onto the highway have been submitted to and approved in writing by the Local Planning Authority. All construction works shall be carried out in accordance with the approved plans.

 

GROUND:

To ensure satisfactory development of the site.

 

20  Prior to the first occupation of the development hereby permitted  the proposed on-site car parking, vehicle loading/unloading and turning facilities shall be provided in accordance with the approved plan and retained thereafter available for that specific use.

 

GROUND:

To minimise the potential for on-street parking and thereby safeguard the interest of safety and convenience of road users.

 

21  The development hereby approved shall incorporate a bound surface material for the first 5 metres of the access from the edge of the highway.

 

GROUND:

In the interests of highway safety.

 

22  No dwelling hereby permitted, shall be occupied until the completion of the access as shown on the submitted plans.

 

GROUND:

To ensure satisfactory development of the site.

 

23  Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan. The splay shall thereafter be maintained at all times free from any obstruction exceeding 1.05 metres above the level of the adjacent highway carriageway.

 

GROUND:

In the interests of highway safety.

 

24  The Reptile Receptor Area as shown on drawings 16122-01-D and 16122-02-C shall be used for no other purpose both during and after construction. Details of the boundary treatment to enclose this area shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling hereby approved. The boundary treatment shall be retained as approved.

 

GROUND:

In the interests of nature conservation.

 

25  The habitat management and moitoring works for the reptile receptor site set out in the Reptile Capture Report (dated October 2016) shall be carried out.  The results of the monitoring work shall be submitted to, and approved in writing by, the Local Planning Authority and the habitat management works shall thereafter be permanently retained.  . 

 

GROUND:

In the interest of nature conservation.’”

 

Following debate, the motion was put to the vote and declared CARRIED.

 

Supporting documents: