Agenda item

PROPOSAL: Erection of 9No two storey 4 bedroom dwellings with associated parking

 

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 17-0515 - 10 Revision D (received 08/11/18), 17-0515_11A (received 08/11/18), 17-0515_18 (received 08/11/18), 17-0515- 20 Revision B (received 21/09/18), 17-0515 - 21 Revision A (received 21/09/18), 17_0515 - 22 Revision A (received 21/09/18), 17-0515-37 (received 21/09/18), 17-0515-36 (received 21/09/18), 17-0515-35 (received 21/09/18), 17-0515-25 Revision A (received 21/09/18), 17-0515-24 Revision A, 17-0515-23 Revision B (received 21/09/18), 17-0515-42 (received 21/09/18), 17-0515-41 (received 21/09/18), 17_0515-40 (received 21/09/18), 17/0515-27 Revision A (received 21/09/18), 17/0515-26 Revision B (received 21/09/18), 17/0515-28 Revision A (received 21/09/18), 17/0515-29 Revision A (received 21/09/18), 17-0515 -31 (received 22/06/18), 17-0515 -30 (received 22/06/18), 17-0515 -32 (received 22/06/18), 17-0515-33 (received 22/06/18) and 2018_23 001

   

GROUND;

To secure the proper development of the area.

 

 3  Prior to the construction of the external surfaces of the development hereby approved samples of the materials to be used 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 visual amenity in accordance with Policy D1 of the Thanet Local Plan

 

 4  Prior to the first occupation of the 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

 

 5  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.

 

GROUND;

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

 

 6  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

 

 7  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;

To Protect existing trees and to adequately integrate the development into the environment, in accordance with Thanet Local Plan Policies D1 and D2.

 

 8  Prior to the commencement of any development on site details to include the following shall be submitted to and approved by the Local Planning Authority and should be carried out in accordance with the approved 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

 

GROUND;

In the interests of highway safety and neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and the National Planning Policy Framework.

 

 9  The construction of the development hereby permitted shall incorporate  measures to prevent the discharge of surface water onto the highway. 

 

GROUND;

In the interests of highway safety.

 

10  The area shown on the approved plan numbered 17-0515 - 10 Revision D for vehicle parking and manoeuvring areas, shall be kept available for such use at all times and such land and access thereto shall be provided prior to the first occupation of the dwelling hereby permitted.

   

GROUND;

Development without adequate provision for the parking or turning of vehicles is likely to lead to parking inconvenient to other road users and detrimental to amenity and in pursuance of policy D1 of the Thanet Local Plan.n.

 

11  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.

 

12  Prior to the first occupation of the development hereby permitted details of the cycle parking, which shall be in the form of a covered and secure enclosure shall be submitted to and approved in writing by the Local Planning Authority.

 

GROUND;

In the interests of promoting increased cycling in accordance with policy TR12 of the Thanet Local Plan

 

13  Prior to the first occupation of the development hereby permitted, the proposed footway improvements shown on plan numbered 17-0515-10 Rev D or amended as agreed with the Local Planning Authority shall be completed and operational.

   

GROUND;

In the interests of highway safety.

 

14  Prior to the first occupation of any dwelling hereby approved visibility splays of 1 metre by 1 metre behind the footway on both sides of the vehicular accesses with no obstructions over 0.6m above footway level shall be provided and thereafter maintained.

 

GROUND;

In the interest of highway safety.

 

15  Prior to the first occupation of plots 1 and 2 fencing shall be provided along the frontage of plots 1 and 2 until the proposed boundary hedge is established.

 

GROUND;

In the interests of highway safety.

 

16  Where infiltration is to be used to manage the surface water from the development hereby permitted, it will only be allowed within those parts of the site where information is submitted to demonstrate to the Local Planning Authority's satisfaction that there is no resultant unacceptable risk to controlled waters and/or ground stability. The development shall only then be carried out in accordance with the approved details

 

GROUND;

To protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

 

17  If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. The approved works shall be implemented within a timetable agreed by the Local Planning Authority and shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment, including controlled waters.  Prior to first occupation/use and following completion of approved measures, a verification report shall be submitted to the Local Planning Authority for approval.

 

GROUND;

To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with DEFRA and Environment Agency document Model Procedures for the Management of Land Contamination (Contamination Report 11) and National Planning Policy Framework.

 

18  Piling or any other foundation designs 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;

The site is underlain by a principal aquifer.

 

19  Prior to the installation of any external lighting, a "lighting design strategy for biodiversity" for the site boundaries has been submitted to and approved in writing by the local planning authority. The lighting strategy shall

 

a)  Identify those areas/features on site that are particularly sensitive for badgers and bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory;

b)  Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy.

 

GROUND;

In order to limit the impact upon protected species that may be present, in accordance with the National Planning Policy Framework.

 

20  Prior to the first occupation of the development a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority. The content of the LEMP shall include the following.

a) Description and evaluation of ecological enhancement features to be managed;

b) Ecological trends and constraints on site that might influence management;

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

fJ Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

g) Details of the body or organisation responsible for implementation of the plan;

h) Details of annual habitat and species monitoring;

i) Details of how the monitoring will inform updates of the management plan.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

 

GROUND;

In order to limit the impact upon protected species that may be present, in accordance with the National Planning Policy Framework.

 

21  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 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.

 

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, in accordance with the NPPF

 

22  No building hereby permitted 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 shall include the following details:

A description of the drainage system and its key components

A 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 operations 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 the NPPF.

 

23  No building 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.

 

24  No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority.

 

GROUND;

To ensure that features of archaeological interest are properly examined and recorded.’”

 

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

 

Then, it was proposed by the Vice Chairman and Councillor Buckley:

 

“That the application be REFUSED for the following reasons:

 

‘The proposed development, by virtue of its location, scale and layout, would result in the loss of an important gap within the village, which provides views of the Stour Marshes and Wantsum Channel North Shore, and is considered to a valued undeveloped landscape identified within the development plan, the loss of which would be significantly harmful to the character and appearance of the village, and the countryside as a landscape character area, contrary to the Thanet Local Plan Policies CC1, CC2 and R2 and paragraph 170 of the National Planning Policy Framework.’”

 

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