Agenda item

PROPOSAL: Erection 2No. 3 bed dwellings following removal of existing sheds, workshop/garage and summer house

 

Speaking in favour of the application was Mrs Scott.

 

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 receipt of legal agreement to secure SAMMs mitigation 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 219/25-03, 219/2504, 219/25-05, 219/25/06, 219/25-07 and 219/27-08, 

 

GROUND:

To secure the proper development of the area.

 

 3  Prior to the construction of the external surfaces of the development hereby approved details 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  The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, at St. Nicholas Court Farms Ltd, or a widow or widower of such a person, and to any resident dependants. 

 

GROUND:

The site is not in an area intended for residential development, the close proximity to the agricultural holding would likely lead to material harm from noise and disturbance from agricultural activity if the occupiers of the dwellings approved were independent from the agricultural holding. 

 

 5  No development approved by this planning permission shall commence until a strategy to deal with the potential risks associated with any contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. 

 

This strategy will include the following components:

 

1. A preliminary risk assessment which has identified all previous uses, potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors, and potentially unacceptable risks arising from contamination at the site. 

 

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 

 

3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

 

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying and requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 

 

Any changes to these components require the written consent of the Local Planning Authority. The scheme shall be implemented as approved. 

 

GROUND:

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

 

 6  Prior to any part of the development being occupied a verification report demonstrating the completion works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. 

 

GROUND:

To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 170 of the NPPF.

 

 7  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.

 

 8  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.

 

 9  Piling or any other foundation designs using penetrative methods shall not be permitted other than with the 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, 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 NPPF.

 

10  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.

 

11  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’”

 

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