Agenda item

D04 - F/TH/19/0813 - Land Formerly Used As Club Union, Convalescent Home Reading Street, Broadstairs

Minutes:

PROPOSAL: Erection of 24no. dwellings with associated vehicular access from Reading Street and Convent Road, pedestrian access from Astor Road, parking and landscaping

 

Speaking in favour of the application was Ms Coles.

 

Speaking raising points of concern was Mrs Matterface.

 

Speaking raising points of concern was Mrs McLaren.

 

Speaking raising points of concern was Mr Jaffa.

 

Speaking as ward councillor was Councillor Moore.

 

Speaking as ward councillor was Councillor Rawf.

 

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

 

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

 

‘That the application be DEFERRED AND DELEGATED to officers for approval subject to the submission of an acceptable signed unilateral undertaking and 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  101 P7, 102 P4, 103 P5, 104 P4, 105 P4, 106 P4, 108 P3, 133 P1, and 134 P1, received 5th November 2019; 107 P2 and 121 P4, received 19th September 2019; 120 P3, received 27th June 2019; 122 P3, 125 P3, 128 P3 (plot 14 only), and 130 P2, received 25th June 2019; 123 P2, 127 P2, 129 P2, 131 P1, and 132 P1, received 20th June 2019; 124 P1, 126  P2, 14-019-010 Rev F, and 14-019-014 Rev H, received 12th June 2019. 

 

  GROUND:

  To secure the proper development of the area.

 

 3  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 a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the LPA. The remediation strategy shall be implemented as approved.

 

  GROUND:

  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site in line with paragraph 170 of the National Planning Policy Framework.

 

 4  No infiltration of surface water drainage into the ground is permitted other than with the written consent of the LPA. The development shall be carried out in accordance with the approved details.

 

 

  GROUND:

  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 170 of the NPPF.

 

 5  Development shall not begin in any phase 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 FRA undertaken by Herrington Consulting Ltd, Dated June 2109, and 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 (with reference to published guidance):

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

  o 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.

 

 6  Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the LPA, which may be given for those parts of the site where it has been demonstrated by a piling risk assessment that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

  GROUND:

  To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants in line with paragraph 170 of the NPPF.

 

 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  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 and prepared by a suitably competent person, has been submitted to and approved by the Local Planning Authority. The Report shall demonstrate the suitable modelled operation of the drainage system where the system constructed is different to that approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed.

 

  GROUND:

  To ensure that flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property and ecological systems, and to ensure that the development as constructed is compliant with and subsequently maintained pursuant to the requirements of paragraph 165 of the National Planning Policy Framework.

 

 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  If the demolition of Building 1 (as labelled in Updating Bat Emergence and Dawn Re-entry Surveys prepared by LaDellWood and dated August 2019) hereby approved does not commence within 2 years from the date of the reported bat surveys (August 2019), further bat surveys shall be commissioned to:

 

  i) establish if there have been any changes in the presence and/or abundance of bats and their roosts, and 

  ii) identify any likely new ecological impacts that might arise from any changes.

 

  Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, new ecological measures, and a  timetable for their implementation, shall be submitted to and approved in writing by the Local Planning Authority prior to the demolition of Building 1. Works shall then be carried out in accordance with the amended and approved ecological measures and timetable.

 

  GROUND:

  In the interests of biodiversity and the protection of wildlife, in accordance with the NPPF.

 

12  No development shall take place (including any ground works, site or vegetation clearance), until a method statement for the protection of reptiles during construction works, including vegetation clearance and removal of refuse piles, has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

 

  a) Purpose and objectives for the proposed works;

  b) Working method, including timings, necessary to achieve stated objectives;

  c) Extent and location of proposed works shown on appropriate scale plans;

  d) Persons responsible for implementing works, including times during construction when specialist ecologists need to be present on site to undertake / oversee works.

 

  The works shall be carried out in accordance with the approved details.

 

  GROUND:

  In the interests of biodiversity and protected species, in accordance with the NPPF.

 

13  Prior to the first occupation of the development hereby permitted, a "lighting design strategy for biodiversity" for the site shall be 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;

  b) Show how and where external lighting will be installed in accordance with 'Guidance Note 8 Bats and Artificial Lighting' (Bat Conservation Trust and Institute of Lighting Professionals).

 

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

 

  GROUND:

  In the interests of biodiversity, in accordance with the NPPF.

 

14  Prior to the commencement of 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.

 

15  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.

 

16  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. H 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.

 

17  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.

 

18  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 H (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

  GROUND:

  In the interests of highways safety.

 

19  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 H (unless otherwise agreed with the Local Planning Authority and Highways Authority) shall be completed and operational.

 

  GROUND:

  In the interests of highways safety.

 

20  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.

 

21  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.

 

22  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.

 

23  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.

 

24  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, as identified on the approved plan numbered 101 P7,

  -  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,

  -         details of the proposed open space as identified on plan numbered 134 P1, which shall include the re-located bench, and other associated paraphernalia as currently provided,

  -  walls, fences, other means of enclosure proposed,

  -         ecological enhancements as recommended within sections 4.3, 4.9, and 4.10 of the Updating Ecological Appraisal (Issue 1 by Labell Wood) dated June 2019,

  -          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

 

25  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

 

26  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

 

27  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.

 

28  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 

 

29  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

 

30  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.

 

31  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 15, 16 and 17, 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.

 

32  Prior to the first occupation of units 3, 4, 5, 6, 7, 11 and 12, 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.

 

33  The development as approved shall provide at least 10% of all units to be built in compliance with building regulation part M4(2); and 5% of the affordable units to be built as wheelchair accessible homes (compliance with building regulations part M4(3)), 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.

 

34  Prior to the commencement of the affordable housing units as identified on the submitted plan numbered 102 P4, 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.

 

35  Prior to the first occupation of the self-contained flats, the doorstep play space associated with each flat shall be provided. For information purposes, the doorstep play space to be provided for plot 21 at ground floor level shall be immediately to the rear of the property, and not as annotated on the approved site plan. 

 

  GROUND:

  To provide secure doorstep play space in accordance with Policy SR5 of the Thanet Local Plan.

 

Prior to the first occupation of unit 15, the first floor rear windows serving an ensuite bathroom and bedroom one as shown on plan numbered 133 P1 received 5th November 2019 shall be fitted with obscure glazing to Pilkington Level 4 or equivalent and thereafter be maintained.

 

Ground:

To protect the living conditions of neighbouring occupiers, in accordance with 

Thanet Local Plan Policy D1’”

 

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

 

Then, it was proposed by the Chairman and seconded by Councillor Stevens:

 

“That the application be refused as the development by virtue for the location, design and scale of the development, would result in a poor quality development unrelated and not sympathetic to local character and distinctiveness of surrounding development, contrary to Thanet Local Plan Policy D1 and paragraphs 127, 130 and 192 of the National Planning Policy Framework, pending confirmation that the Secretary of State will not call the application in.”

 

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

Supporting documents: