Agenda item

PROPOSAL: Erection of a coffee shop with drive-through (use class A1/A3) with associated parking, servicing and landscaping.

 

Speaking in favour of the application was Mr Harvey.

 

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 plan numbered 3812/P002a, received 14th May 2019; revised plan numbered 3812/P200 Rev A, received 29 November 2019; additional plan numbered 3670-08, received 18 November 2019; and plan numbered 3812/P100, received 21 February 2019.

 

GROUND:

To secure the proper development of the area.

 

 3  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; 

 (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.

 

 4  No development shall take place until details of foundations designs and any other proposals involving below ground excavation have been submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

GROUND:

To ensure that due regard is had to the preservation in situ of important archaeological remains.

 

 5  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.

 

 6  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 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, unacceptable levels of water pollution caused by mobilised materials in line with paragraph 170 of the National Planning Policy Framework.

 

 7  No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. 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 National Planning Policy Framework.

 

 8  There shall be no servicing of the building, no goods shall be loaded or deposited and no delivery vehicles shall arrive, depart, be loaded or unloaded, within the application site before 07:00 or after 19:00 hours Mondays to Fridays; before 08:00 or after 18:00 hours on Saturdays; or before 09:00 or after 18:00 hours on Sundays or Bank Holidays.

GROUND:
In the interests of neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and the NPPF.

 

 9  The use of the premises hereby approved shall not be used other than between the hours of 05:00 and 23:00 on any given day.

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan.

 

10  Prior to the first use of the development hereby permitted, electric vehicle charging points shall be installed within the carpark at a ratio of one charging point per ten parking spaces. Prior to the installation of the charging points details of their location and design shall be submitted to and approved in writing by the Local Planning Authority. The approved electric vehicle charging points shall thereafter be maintained. 

 

GROUND:

To reduce harm to the environment in accordance with paragraph 110 of the NPPF.

 

11  Prior to the first use of the coffee shop hereby permitted, the noise level of the Order Point speaker/s at 0.5 metres shall be limited to no more than 82 dB LAmax. This shall be commissioned by a suitably qualified acoustic consultant, with a report submitted to and approved in writing by the Local Planning Authority, which details how this noise level has been met, and which includes a management method for ongoing maintenance of this noise level limit. The Order Point speaker facility shall be operated and maintained in accordance with the management and maintenance report.

 

GROUND:

In the interests of neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and the NPPF.

 

12  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. This shall include block paved parking spaces and footways, as agreed by the agent in correspondence received 19th June 2019.

 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.

 

13  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

 

14  Prior to the commencement of development hereby permitted (including vegetation clearance), a detailed precautionary mitigation strategy for Hedgehogs and Badgers shall be submitted to, and approved in writing by, the Local Planning Authority. The strategy shall  include (but is not limited to) the following: 

 

- A pre-checks methodology, including timings and the responsible person to check for Hedgehogs and evidence of Badgers; 

- A methodology to clear vegetation; 

- Timing of the proposed strategy with development works. 

 

Development shall be carried out in accordance with the mitigation strategy as approved.

 

GROUND:

To protect and enhance biodiversity, in accordance with paragraph 174 of the NPPF.

 

15  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

(f) Measures to control noise affecting nearby residents

(g) Dust control measures 

 

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.

 

16  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.

 

17  The area shown on the approved plan numbered 3812/P002a 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 use of the development 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.

 

18  Prior to the first use of the development hereby approved visibility splays of 43m x 2.4m x 43m shall be provided to the access on to Laundry Road as shown on the approved plan no  with no obstructions over 0.6m above carriageway level within the splays, which shall thereafter be maintained. 

 

GROUND:

In the interest of highway safety.

 

19  Prior to the first use of the development hereby permitted, pedestrian visibility splays of 1 metre by 15 metres behind the footway on both sides of the vehicular access, with no obstructions over 0.6m above footway level, shall be provided and thereafter maintained.

 

GROUND:

In the interest of highway safety.

 

20  Prior to the first use of the development hereby permitted, the vehicular access and associated works, as shown on plan numbered 3812/P002a, shall be completed.

 

GROUND:

In the interests of highway safety.

 

21  Prior to the first use of the development hereby permitted, the widening of Laundry Road at the junction with Tothill Street, as shown on plan numbered 3670-08, shall be completed.

 

GROUND:

In the interests of highway safety.

 

22  Prior to the first use of the development hereby permitted, secure and covered cycle parking facilities shall be provided within the site at a ratio of 1 cycle parking space per 15 coffee shop seats (as a minimum). Details of the cycle parking shall be submitted to, and approved in writing by, the Local Planning Authority. The cycle parking spaces shall be installed in accordance with the approved details and thereafter maintained. 

 

GROUND:

In the interests of sustainable forms of transport, in accordance with the NPPF.

 

23  Prior to the first use of the development hereby permitted, a solid timber fence, which shall be at a height that exceeds the height of the drive through speaker by 0.5m, shall be erected along the southern boundary of the site as shown on the approved plan numbered 3812/P002a, and thereafter maintained.

 

GROUND:

In the interests of neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and the NPPF.

 

24  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 samples. 

 

GROUND:

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

 

25  Prior to the commencement of development hereby permitted, an emissions mitigation assessment, in accordance with Thanet District Council's Air Quality Technical Planning Guidance, shall be submitted to and approved in writing by the Local Planning Authority. The emissions mitigation assessment shall include a damage cost assessment that uses the DEFRA emissions factor toolkit and should include details of mitigation to be included in the development which will reduce the emissions from the development during construction and when in operation.  All works, which form part of the approved scheme, shall be completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details.

 

GROUND:

To protect air quality, in accordance with the National Planning Policy Framework

 

26  The development hereby permitted shall be constructed at the level as shown on the approved plan numbered 3812/P200 Rev A.

 

GROUND:

In the interests of visual amenity, in accordance with Policy D1 of the Thanet Local Plan and the NPPF.’”

 

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