Agenda and minutes

Apologies were received from Councillor Wright who was substituted by Councillor Rattigan.

To receive any declarations of interest.  Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda.  If a Member declares an interest, they should complete the Declaration of Interest Form

To approve the Minutes of the Planning Committee meeting held on 15^th February 2023, copy attached.

Councillor Albon proposed, Councillor Coleman-Cook seconded and Members agreed that the minutes of the meeting held on 15 February 2023 be approved as a correct record.

POINT OF INFORMATION:

The Planning Applications Manager spoke to the committee regarding the following items:

Item 6A – OL/TH/21/1976 – All Saints Industrial Estate, All Saints Avenue, Margate, Kent, CT9 5TJ - update to plan condition

Item 6B – F/TH/22/1284 – The Old Forge, High Street, Garlinge, Margate - removal of archaeology condition

Item 6C – F/TH/22/0919 - Land Rear of 20 to 22 Westfield Road, Birchington - update to recommendation to “defer and delegate for approval subject to the receipt of a legal agreement securing the SAMMs contribution and safeguarding conditions”

Item 6E – F/TH/22/0979 - 60 to 68 High Street, 1 to 11 George Street, Ramsgate, Kent, CT11 9RS - update to recommendation to “approve” and alteration of timing for submissions on conditions 3 (surface water drainage) and 29 (foul drainage)

PROPOSAL: Erection of 4No dwellings (3No 3-bed and 1No 4-bed), conversion of the cow shed to 1No. 3-bed dwelling and threshing barn into 2No dwellings (1No 3-bed and 1No 5-bed) together with hard and soft landscaping and associated works

Councillor Fellows spoke against the application under Council Rule 20.1.

It was proposed by the Chair and seconded by the Vice Chair:

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 29973A_200 Rev J, 29973A_210 Rev C, 29973A_211 Rev B, 29973A_220 Rev D, 29973A-221 Rev C, 29973A_222 Rev C, 29973A_225 Rev B, 22973A_230 Rev C, 29973A_231 Rev C, 29973A_240 Rev C, 24073A_241 Rev B, 29973A_250 Rev B, 29973A_251 Rev A, 29973A_275 Rev A and 2104190-002 Rev C.

GROUND:

To secure the proper development of the area.

3 – No development shall take place until details of the means of foul and surface water disposal, including details of the implementation, management and maintenance of any proposed Sustainable urban Drainage Systems, have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with such details as are agreed and thereafter maintained.

GROUND:

To protect the district's groundwater, and to ensure the development is served by satisfactory arrangements for the disposal of surface water ,in accordance with Policies SE04 and CC02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

4 – Prior to the commencement of any development on site, a Construction

Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include the following details:

(a) Routing of construction and delivery vehicles to / from site

(b) Parking and turning areas for construction and delivery vehicles and site personnel

(c) Timing of deliveries

(d) Provision of wheel washing facilities

(e) Temporary traffic management / signage

(f) Measures to control noise affecting nearby residents

(g) Dust control measures

(h) Access arrangements

(I) Wheel washing

(j) light control measures

(k) Hours of construction

(l) Pollution incident control measures

(m) site contact details

GROUND:

In the interests of highway safety, neighbouring amenity and heritage, in accordance with Policies QD03 and HE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

5 – Prior to the commencement of the development hereby permitted, details of the electric vehicle charging points to be provided within the development, including their location and design, shall be submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging  ...  view the full minutes text for item 4.

PROPOSAL: Change of use of commercial units to provide a mixed use (residential and commercial) development consisting of 3No commercial units (Use Class E) and parking at ground floor and erection of a three storey extension to provide 6No 2-bed and 4No 3-bed self contained flats together with associated parking.

Councillor Pugh spoke in favour of the application under Council Rule 20.1.

It was proposed by the Chair and seconded by the Vice Chair:

THAT the officer’s recommendation be adopted, namely:

That the application be refused subject to the following reasons:

1 – The proposed three storey extension by virtue of its height, scale, design, proximity to and relationship with the buildings fronting Marine Gardens and Marine Terrace would result in a incongruous and dominant form of development that competes with and detracts from the significance of the listed buildings fronting Marine Gardens and the buildings fronting Marine Terrace in the Margate Seafront Conservation Area resulting in significant harm to its special character, appearance and historic interest of these designated buildings and area, which is not outweighed by the public benefits of the proposal, contrary to policies HE02, HE03 and QD02 of the Thanet Local Plan and paragraphs 130, 199, 200 and 202 of the National Planning Policy Framework.

2 – The proposed first, second and third floor balconies due to their proximity to, and relationship with the rear elevation windows of the northern neighbours, 12 and 12A Marine Gardens, would result in direct overlooking to the habitable room windows in the rear elevations of these properties and a subsequent loss of privacy to the occupants of this property, contrary to Policy QD03 of the Thanet Local Plan and paragraph 130 of the National Planning Policy Framework.

3 – The applicant has failed to enter into a legal agreement to secure the delivery of the necessary planning obligations required in order to mitigate the impacts of the proposed development on the local infrastructure and make the development acceptable in all other respects. The application is, therefore, contrary to policy SP41 of the Thanet Local Plan, and paragraphs 55, 57 and 58 of the National Planning Policy Framework.

4 – The proposed development will result in additional pressure on the Thanet Coast and Sandwich Bay Special Protection Area (SPA), and Sandwich Bay and Hacklinge Marshes Site of Special Scientific Interest (SSSI), and in the absence of an acceptable form of mitigation to relieve the pressure, the proposed development would be contrary to policy SP29 of the Thanet Local Plan and paragraph 182 of the National Planning Policy Framework.

Upon being put to the vote, the motion was declared LOST.

It was proposed by Councillor Albon and seconded by Councillor Bayford that:

Defer and delegate for approval, subject to receipt of an acceptable signed obligation securing the required planning obligations and safeguarding conditions  (including privacy screens to the north balcony boundaries) on the ground that the economic and housing benefits outweigh the limited impact on the Conservation Areas and adjacent Listed  ...  view the full minutes text for item 5.

To consider the report of the Deputy Chief Executive, copy attached for Members of the Committee.

Note: Copies of correspondence relating to applications received will be available for members’ perusal in the Members’ Room from 5.00pm on the Friday before the meeting until the date of the meeting.

The Chair informed Committee Members that any site visits would take place on 31^st March 2023.

PROPOSAL: Outline application for the erection of 58 light industrial units (Use Class E(g)) and associated parking including access, appearance, layout and scale.

Mr Hodgman spoke against the application.

It was proposed by the Chair and seconded by the Vice Chair:

THAT the officer’s recommendation be adopted, namely:

That the application be approved subject to the following conditions:

1 – Approval of the details of the landscaping of the site, (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.

GROUND:

As no such details have been submitted.

2 – Plans and particulars of the reserved matters referred to in Condition 1 above, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

3 – Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

4 – The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

5 – The proposed development shall be carried out in accordance (for access, appearance, layout and scale) with the submitted application as amended by the revised plans numbered 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13 and 15 received 23 December 2021, 20 received 16 August 2022, 17 Rev B, 18 Rev B and 19 Rev B received 20 October 2022 and and 01 Rev E, 22 and J7/01043 received 16 February 2023.

GROUND:

To secure the proper development of the area.

6 – No development shall take place until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall be based upon the principles Flood Risk Assessment prepared by BJB dated May 2016 demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use and construction can be adequately managed to ensure there is no pollution risk to receiving waters and appropriate operational, maintenance and access requirements for each drainage feature  ...  view the full minutes text for item 6a

PROPOSAL: Erection of 4no. 3 bed detached dwellings with associated access and landscaping following the demolition of a side extension to the existing dwelling.

Mr Buckwell spoke in favour of the application.

Ms Hart spoke against the application

Councillor Boyd spoke against the application under Council Rule 20.1.

It was proposed by the Chair and seconded by the Vice Chair:

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 06B, 07, 08, 09, 10A, 11A, 12, 13, 14, 15 and 16 B.

GROUND:

To secure the proper development of the area.

3 – The construction of the site shall be carried out in accordance with the Construction Environmental Management Plan (CEMP) unless otherwise agreed in writing by the Local Planning Authority.

GROUND:

In the interests of highway safety, neighbouring amenity and heritage, in accordance with Policies QD03 and HE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

4 – Prior to their installation written and illustrative details of the type of Electric vehicle charging points (EVCP) shall be submitted to and approved in writing by the local planning authority before any of the units are first brought into use. The EVCP shall be maintained and kept in good working order thereafter as specified by the manufacturer.

GROUND:

To protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and the advice as contained within the National Planning Policy Framework.

5 – The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes, unless otherwise agreed in writing with the Local Planning Authority.

GROUND:

All new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and have resilience to function in a changing climate, in accordance with Policy QD01 of the Thanet Local Plan.

6 – The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110 litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND:

Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110 litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

7 – If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination  ...  view the full minutes text for item 6b

PROPOSAL: Erection of 1no two bed single storey dwelling

Councillor Hudson spoke against the application.

Councillor Fellows spoke against the application under Council Rule 20.1.

It was proposed by the Chair and seconded by the Vice Chair:

THAT the officer’s recommendation be adopted, namely:

That the application be defer and delegate for approval subject to the receipt of a legal agreement securing the SAMMs contribution and  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 AW-200 Rev P2, AW-210 Rev P1 and AW-220 Rev P1 received 10 January 2023.

GROUND:

To secure the proper development of the area.

3 – The dwelling hereby permitted shall be constructed using yellow brick, red tiles and white UPVC windows in accordance with the agents email received 10 January 2023 unless otherwise agreed in writing by the Local Planning Authority.

GROUND:

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

4 – Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. AW-210 Rev P1 shall be provided and thereafter maintained.

GROUND:

To promote cycling as an alternative form of transport, in accordance with Policy TP03 and SP43 of the Thanet Local Plan.

5 – The refuse storage facilities as specified upon the approved drawing numbered AW- 210 Rev P1 and received on 10 January 2023 shall be provided prior to the first occupation of the dwelling hereby approved and shall be kept available for that use at all times.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

6 – The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes, unless otherwise agreed in writing by the Local Planning Authority.

GROUND:

All new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and have resilience to function in a changing climate, in accordance with Policy QD01 of the Thanet Local Plan.

7 – The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND:

Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local  ...  view the full minutes text for item 6c

PROPOSAL: Erection of vehicle and pedestrian gates to front boundary (retrospective application)

Councillor Fellows spoke on the behalf of Mr Morgan in favour of the application.

It was proposed by the Chair and seconded by the Vice Chair:

THAT the officer’s recommendation be adopted, namely:

That the application be refused subject to the following conditions:

1 – The gates, by virtue of their height, design and location, create a stark and highly prominent feature, incongruous with the prevailing open character of this part of the street scene, and contrasting with the low boundaries and landscaped frontages found elsewhere. This has created in the solid development and the harmful enclosure of the site, with a blank and expansive appearance at street level that is considered to contribute to the dilution of a sense of place and welcoming character that otherwise existed in this location, contrary to the aims of paragraph 130 of the NPPF and policies SP35 and QD02 of the Thanet Local Plan.

Upon being put to the vote, the motion was declared LOST.

It was proposed by the Councillor Shrubb and seconded by Councillor Rusiecki:

To approve the application as the development would not harm the character and appearance of the area.

Upon being put to the vote, the motion was declared CARRIED.

PROPOSAL: Erection of a four storey building with mansard at third floor level to accommodate 5No. commercial units (Use Class E) with associated shopfronts at ground floor level, together with 39 Self contained flats (32No 1-bed , 5No 2-bed and 2No 3- bed). self contained flats together with refuse and cycle stores and external playspace, following demolition of existing buildings.

Mr Gerlack spoke in favour of the application

Councillor Austin spoke against the application under Council Rule 20.1.

It was proposed by the Chair and seconded by the Vice Chair:

THAT the officer’s recommendation be adopted, namely:

That the application be deferred subject to the following reasons:

Defer and delegate to officers for approval subject to the receipt of a signed legal agreement securing the contributions towards the SAMMs project and stated planning obligations within 6 months and the following safeguarding 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 22/488/PL01 Rev D, 22/488/JG/PL02 Rev A1, 22/488/JG/PL03 Rev B1, 22/488/JG/PL04 Rev A1, 22/JG/PL06 Rev A, 22/488/JG/PL07, 22/488/JG/PL08 and 22/488/JG/PL09 Rev B2.

GROUND:

To secure the proper development of the area.

3 – No development, excluding demolition, shall take place until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall demonstrate that best endeavours have been made in reducing surface water contributions to the combined sewer. This submission shall also demonstrate that surface water generated by this development (for all rainfall durations

and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site.

The drainage scheme shall also demonstrate (with reference to published guidance):

·  That silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters

·  Appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker.

The drainage scheme shall be implemented in accordance with the approved details.

GROUND:

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding. These details and accompanying calculations are required prior to the commencement of the development as they form an intrinsic part of the proposal, the approval of which cannot be disaggregated from the carrying out of the rest of the development.

4 – The development hereby permitted shall not be occupied until a Verification Report, pertaining  ...  view the full minutes text for item 6e