Agenda item

PROPOSAL: Erection of 25no. dwellings, with associated vehicular access from Reading Street and Convent Road, pedestrian access from Astor Road, with off street parking and landscaping

 

The Planning Applications Manager outlined the following statement:

 

"For agenda item 4e for Land formerly used as Club Union Convalescent Home, Reading Street, subsequent to the production of the agenda we have received an amended site plan showing a widening of the vehicular access into the site on Reading Street, and an enlargement of the turning area within the site adjacent to one of the proposed dwellings. These changes have submitted to address the comments of the Council’s Waste and Recycling team as presented in the Committee report. This revised plan will be shown to members this evening for consideration and outlined by the case officer, with condition 2 updated in the officer recommendation to reflect this plan, reference GM28-PO1 Rev J.  

 

In additional to this, one reference in the proposed plan condition has also being incorrectly stated as Revision A rather than Revision B, this plan, reference GM28-P11 Rev B shows the elevations of the garages proposed in the site. This plan will be shown to members this evening for consideration, with condition 2 updated in the officer recommendation to reflect this plan

 

Therefore the recommendation for item 4e D05 is to defer and delegate for approval subject the receipt of a legal agreement containing the planning obligations as detailed in the Heads of Terms, and the conditions outlined updated to refer the new site plan and correct garage plan reference."

 

Speaking in favour of the application was Ms Coles.

 

Speaking raising points of concern was Mr Jaffa.

 

Speaking raising points of concern was Mr Roe.

 

Speaking raising points of concern was Mrs McLaren.

 

Speaking as town councillor was Councillor Binks.

 

Speaking as ward councillor was Councillor Matterface.

 

Councillor Matterface left the meeting for the rest of this agenda item.

 

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 proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered:

 

- 14-019-014 Rev G, received 20 February 2018

- 14-019-010 Rev F, received 27 February 2018.

- GM28-P05 Rev B, GM28-P06 Rev B, GM28-P08 Rev B, GM28-P10 Rev B, GM28-P18, GM28-P21 Rev A, GM28-P19, and GM28-P20, received 19 April 2018;

- GM28-P17 Rev C and GM28-P12 Rev A, received 17 August 2018;

- GM28-P01 Rev H, received 07 September 2018.

 

the plans numbered:

 

- GM28-P04, GM28-P02 Rev A, GM28 P07, 25th January 2018

- GM28-P09 Rev A (plot 11 only), received 02 February 2018,

 

and the additional plans numbered:

 

- GM28-P15 Rev A, and GM28-P11 Rev A, received 19 April 2018.

 

GROUND:

To secure the proper development of the area.

 

3  No development shall commence 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 the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100yr storm) can be accommodated and disposed of without increase to flood risk on or off-site. The drainage scheme shall also demonstrate that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to controlled waters.

 

GROUND:

To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure ongoing efficiency of the drainage provisions, to protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

 

4  No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report pertaining to the surface water drainage system, carried out by a suitably qualified professional, has been submitted to the Local Planning Authority which demonstrates the suitable operation of the drainage system such that flood risk is appropriately managed, as approved by the Lead Local Flood Authority. The Report shall contain information and evidence (including photographs) of earthworks; details and locations of inlets, outlets and control structures; extent of planting; details of materials utilised in construction including subsoil, topsoil, aggregate and membrane liners; full as built drawings; and topographical survey of 'as constructed' features.

 

GROUND:

To ensure that flood risks from development 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 as constructed is compliant with the National Planning Policy Framework.

 

5  No building hereby permitted in any phase shall be occupied until an operation and maintenance manual for the proposed sustainable drainage scheme is submitted to (and approved in writing) by the local planning authority. The manual at a minimum shall include the following details:

 

- A description of the drainage system and it's key components

- An as-built general arrangement plan with the location of drainage measures and critical features clearly marked

- An approximate timetable for the implementation of the drainage system

- Details of the future maintenance requirements of each drainage or SuDS component, and the frequency of such inspections and maintenance activities

- Details of who will undertake inspections and maintenance activities, including the arrangements for adoption by any public body or statutory undertaker, or any

other arrangements to secure the operation of the sustainable drainage system throughout its lifetime

 

The drainage scheme as approved shall subsequently be maintained in accordance with these details.

 

GROUND:

To ensure that any measures to mitigate flood risk and protect water quality on/off the site are fully implemented and maintained (both during and after construction), as per the requirements of paragraph 103 of the NPPF and its associated Non-Statutory Technical Standards.

 

6  No infiltration of surface water drainage into the ground is 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 approval details.

 

GROUND:

To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure ongoing efficiency of the drainage provisions, to protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

 

7  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 prevent pollution, in accordance with the advice contained within the National Planning Policy Framework.

 

8  Prior to the commencement of the development hereby permitted, a plan showing the location of Electric Vehicle Charging points at a ratio of 1 charging point per dwelling with dedicated parking, and 1 charging point per 10 spaces for unallocated parking, 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:

In the interests of air quality, in accordance with the NPPF.

 

9  No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:

(i)  archaeological field evaluation works in accordance with a specification and written timetable which has first been submitted to and approved in writing by the Local Planning Authority; and

(ii)  following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved in writing by the Local Planning Authority.

 

GROUND:

To ensure that features of archaeological interest are properly examined and recorded in accordance with the advice contained within the National Planning Policy Framework.

 

10  No development shall take place until suitably qualified and experienced person has carried out a full investigation and assessment to determine the stability of the land and determine whether the development of the site can be carried out without causing instability of adjoining land or structures, and a written report of the findings/assessment including any recommendations has been submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out in full accordance with any such recommendations set out within the aforementioned report, that have been approved in writing by the Local Planning Authority.

 

GROUND:

To ensure that the site can be developed without compromising the stability of adjoining land or buildings.

 

11  Prior to the commencement of development hereby permitted, a Construction   Management Plan to include the following:

 

i) Routing of HGV's to and from site

ii) Access points for construction-related vehicles

iii) Parking and turning facilities for HGV's and site personnel vehicles

iv) Wheel washing facilities

v) Temporary traffic management

vi) Hours of construction working

vii) dust control measures,

viii) measures to control noise affecting nearby residents

ix) pollution incident control and site contact details in case of complaints

x) wheel cleaning/chassis cleaning facilities

 

shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved plan.

 

GROUND:

In the interests of highway safety and neighbouring amenity during construction of the development hereby approved.

 

12  Prior to the first occupation of any dwelling within the development hereby approved, the provision and maintenance of the visibility splays shown on drawings numbers 14-019-014 Rev. G and 14-019-010 Rev. F, with no obstructions over 1 metre above carriageway level within the driver splays and 0.6 metres above footway level within the pedestrian splays, shall be provided and thereafter maintained.

 

GROUND:

In the interests of highways safety.

 

13  Prior to the first occupation of any dwelling within the development hereby approved to which they relate, the provision and permanent retention of the vehicle parking spaces and turning facilities shall be provided as shown on the submitted plans.

 

GROUND:

In the interests of highways safety.

 

14  Prior to first occupation of any dwelling served by the vehicular access from Reading Street, the vehicular access from Reading Street and associated highway alterations, including closure of the existing access and provision of parking restrictions, as shown on drawing number 14-019-014 Rev. G (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

GROUND:

In the interests of highways safety.

 

15  Prior to first occupation of any dwelling served by the vehicular access from Reading Street, the pedestrian dropped kerbs and tactile paving in Reading Street as shown on drawing number 14-019-014 Rev. G (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

GROUND:

In the interests of highways safety.

 

16  Prior to first occupation of any dwelling served by the vehicular access from Convent Road, the Convent Road access and associated highway alterations as shown on drawing number 14-019-010 Rev. F (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

GROUND:

In the interests of highways safety.

 

17  Prior to first occupation of any dwelling served by the vehicular access from Convent Road, the pedestrian dropped kerbs and tactile paving in Convent Road as shown on drawing number 14-019-010 Rev. F (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

GROUND:

In the interests of highways safety.

 

18  No development shall take place until details of improvements to the Reading Street/Elmwood Avenue junction to improve street geometry and visibility have been submitted to and approved in writing by the Local Planning Authority. This shall form part of a S.278 highway agreement between the applicant/developer and the highway authority. The agreed works shall be completed and operational prior to the first occupation of any dwelling in the approved development served by the vehicular access from Reading Street.

 

GROUND:

In the interests of highway safety and to mitigate additional trips generated from the Reading Street access through the junction of Reading Street and Elmwood Avenue.

 

19  Prior to the first occupation of the development hereby permitted, details of an acoustic fence, including height, design and location, to be erected along the side boundary of no. 34 Convent Road, shall be submitted to and approved in writing by the Local Planning Authority. The acoustic fence shall be erected prior to the first occupation of the development accessed from Convent Road, and shall thereafter be maintained.

 

GROUND:

In the interests of residential amenity, in accordance with Policy D1 of the Thanet Local Plan.

 

20  Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include:

 

-  species, size and location of new trees, shrubs, hedges and grassed areas to be planted, which shall include replacement trees for the removed TPO trees along with a number of additional mature trees,

-  the treatment proposed for all hard surfaced areas beyond the limits of the highway, which shall be permeable, and include a bound surface for the first 5m of each access from the edge of the highway

-  walls, fences, other means of enclosure proposed

-  ecological enhancements and mitigation as recommended within section 5.0 of the 'Bat emergence and dawn re-entry surveys' dated June 2016,

-  details of the boundary treatment to be provided along the southern boundary of the site, adjacent to the Grade II Listed buildings

 

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

 

21  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 first 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

 

22  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

 

23  Existing trees, shrubs and hedgerows identified for retention within the development site or existing trees growing on an adjacent site, where excavations, changes to land levels or underground works are within the crown spread, shall be protected in accordance with BS 5837: 2005 using the following protective fence specification:-

 

o  Chestnut paling fence 1.2m in height, to BS 1722 part 4, securely mounted on 1.7m x 7cm x  7.5cm timber posts driven firmly into the ground.  The fence  shall be erected below the outer most limit of the branch spread or at a distance equal to half the height of the tree, whichever is the furthest from the tree,  unless otherwise agreed in writing with the Local Planning Authority.

 

The protective fencing shall be erected before the works hereby approved or any site clearance work commences, and shall thereafter be maintained until the development has been completed.

 

At no time during the site works shall building materials, machinery, waste, chemicals, stored or piled soil, fires or vehicles be allowed within the protective fenced area.

 

Nothing shall be attached or fixed to any part of a retained tree and it should not be used as an anchor point.

 

There shall be no change in the original soil level, nor trenches excavated within the protective fenced area.

 

GROUND:

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

 

24  Prior to the commencement of the development hereby approved details and samples of the materials to be used in the construction of the external surfaces of the development hereby approved shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples.

 

GROUND:

In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan. 

 

25  All new window and door openings shall be set in a reveal not less than 100mm

 

GROUND:

In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan

 

26  The rooflights hereby approved shall be 'conservation style' rooflights, set flush with the roof plane.

 

GROUND:

To safeguard the special character and appearance of the area on the boundary of a Conservation Area in accordance with the NPPF.

 

27  No further alterations to the building, or the erection of garden buildings, whether approved by Classes A, B, C, or E of Part One of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out to units 9, 10 and 14, without the prior permission in writing of the Local Planning Authority.

 

GROUND:

To safeguard the living conditions of neighbouring occupiers, in accordance with Policy D1 of the Thanet Local Plan.

 

28  No further alterations to the building, whether approved by Classes A, B, or C of Part One of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out to units 17 and 18, without the prior permission in writing of the Local Planning Authority.

 

 

GROUND:

To safeguard the setting of the adjacent listed buildings, in accordance with the NPPF.

 

29  Prior to the first occupation of units 3, 4, 5, 6, 7, 12 and 13, an obscure glazed privacy screen (level 4) of no less than 1.8m in height shall be erected along both sides of the first floor rear balcony. The privacy screens shall thereafter be maintained.

 

GROUND:

In the interests of residential amenity, in accordance with Policy D1 of the Thanet Local Plan.

 

30  The development as approved shall provide at least 15% of units as lifetime homes and wheelchair housing, with details of the location of the units to be submitted to and approved in writing by the Local Planning Authority.

 

GROUND:

To meet a range of community needs, in accordance with Policy H8 of the Thanet Local Plan.

 

31  Prior to the commencement of the affordable housing units as identified on the submitted plan numbered GM28-P15 Rev A, an affordable housing scheme, which shall include details of the tenure of the affordable housing, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved affordable housing scheme.

 

GROUND:

To address affordable housing need, in accordance with Policy H14 of the Thanet Local Plan.

 

Further to debate, the motion was put to the vote and declared LOST.

 

Then, it was proposed by Councillor Fenner and seconded by Councillor Rusiecki:

 

“That the application be REFUSED for the following reasons:

 

‘The proposed development, by virtue of the location, design and scale of the development, would result in a poor quality development unrelated to and out of keeping with the local distinctiveness of surrounding development, contrary to Thanet Local Plan Policy D1 and paragraphs 127 and 130 of the National Planning Policy Framework.’”

 

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