Agenda item

PROPOSAL: Outline planning application for residential development of up to 49 dwellings including access.

 

Speaking in favour of the application was Ms Gibbs.

 

Speaking raising points of concern was Ms Johnston.

 

Speaking raising points of concern was Ms Dyas.

 

Speaking as Parish Councillor was Parish Councillor Ransom.

 

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 satisfactory completion of Section 106 agreement within six months of the date of this resolution securing the required planning obligations as set out in the Heads of Terms and the following safeguarding conditions:

 

 1  Approval of the details of the layout, scale and appearance of any buildings to be erected and the landscaping of the site, (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

GROUND;

As no such details have been submitted in respect of these matters as the application is in outline. In accordance with Section 92 of the Town and Country Planning Act 1990.

 

 2  Plans and particulars of the reserved matters referred to in Condition 1 above, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

 

GROUND;

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

 3  Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 2 years from the date of this permission.

 

GROUND;

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

 4  The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

 

GROUND;

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004)

 

 5  Any reserved matters applications submitted pursuant to this outline application shall accord with the principles and parameter of the following Parameter Plans received by the Local Planning Authority on the 26th September 2019 (including any text set out on those Plans to illustrate the development principles):-

 

PP001 Rev D - Land Use;

PP02 Rev D - Movement and Access; and

PP03 Rev D - Building heights

 

GROUND;

To ensure that any development is in accordance with and within the parameters of that assessed by the Local Planning Authority and in the interest of achieving sustainable development, in accordance with Thanet Local Plan Policy D1, and the principles with the National Planning Policy Framework.

 

 6  Prior to the occupation of any part  of the development hereby approved a Landscape Management Plan shall be submitted to and approved in writing by the Local Planning Authority for all landscaped areas which shall include long term design objectives, details of who it to have ongoing management responsibilities for the area and how those arrangements will be secured in perpetuity and annual maintenance schedules for all landscaped areas. 

 

The approved Landscape Management Plan shall be implemented and adhered to as approved subject to any minor revisions thereto as may be approved in writing by the Local Planning Authority. The public open spaces in that phase shall be permanently retained and maintained thereafter in accordance with the approved Landscape Management Plan for that phase and used for an made available as public open space for public amenity purposes only.

 

GROUND;

In the interests of the visual amenities of the area and to adequately integrate the development into the environment, and provide local play space, in accordance with Policies D1, D2 and SR5 of the Thanet Local Plan and guidance within the National Planning Policy Framework.

 

 7  Details to be submitted pursuant to condition 1 shall include the location and size of the affordable housing units, which shall include 1 no. unit designed to meet the Building Regulations standard in Part M4(3)

 

GROUND;

To ensure that the required level and type of affordable housing is provided in accordance with saved policy H14 of the Local Plan.

 

 8  No less than 70% of the total number of dwellings constructed pursuant to this planning permission shall be dwellings of two or more bedrooms. 

 

GROUND;

To ensure the provision of a mix of house sizes and types to meet a range of community needs in accordance with saved policy H8 of the Local Plan.

 

 9  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

 

10  No development shall take place until details of the means of foul water disposal 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.

 

11  No development shall commence until a detailed sustainable 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 principles contained within the Flood Risk Assessment by Intermodal Transportation (March 2019) and shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate changed adjusted critical 100 year storm) can be accommodated and disposed without increase to flood risk on or off site. 

 

The drainage scheme shall also demonstrate (with reference to published guidance):

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

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 in accordance with the advice contained within the National Planning Policy Framework.

 

12  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.

 

13  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.

 

14  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.

 

 

15  Prior to the first installation of any external lighting, a detailed outdoor lighting scheme shall be submitted to, and approved in writing by, the Local Planning Authority.  The scheme shall include details of the type of lights, the orientation/angle of the luminaries, the spacing and height of the lighting columns, the extent/levels of illumination over the site and on adjacent land and the measures to contain light within the curtilage of the site.  The development shall be implemented in accordance with the approved scheme and thereafter maintained as agreed. 

 

GROUND;

In the interests of minimising light pollution and to safeguard the amenities of the locality in accordance with the National Planning Policy Framework and saved policy D1 of the Local Plan.

 

16  All ecological mitigation measures and/or works shall be carried out in accordance with the details contained in the Ecological Appraisal Report and Reptile Survey as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to occupation of any part of the development. 

 

GROUND;

To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified to preserve ecology in accordance with Paragraph 170 of the National Planning Policy Framework.

 

17  Prior to the construction of any external surfaces of the development hereby approved, details of how the development will enhance biodiversity shall be submitted to, and approved in writing by, the Local Planning Authority.  These shall include the installation of bat and bird nesting boxes along with the installation of generous native planting where possible.  The approved details shall be provided prior to the first occupation of the development hereby permitted and thereafter permanently retained. 

 

GROUND;

To enhance biodiversity in accordance with Paragraph 170 of the National Planning Policy Framework.

 

18  No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority.  The approved statement shall be adhered to throughout the construction period and shall provide details of:

i) the parking of vehicles for site operatives and visitors;

ii) construction vehicle loading/unloading, tuning facilities and access routes/arrangements;

iii) loading and unloading of plant and materials;

iv) storage of plant and materials used in constructing the development;

v) wheel washing facilities and their use;

vi) measures to control the emission of dust and dirt during construction including a scheme for recycling/disposing of waste resulting from construction works

vii) a construction environmental management plan, including details of operation construction times, enclosures for noise emitting equipment, dust and waste management policy and construction site noise management including siting of stationary noisy or vibrating plant equipment. 

 

GROUND;

To ensure pollution prevention measures are in place for all potentially polluting activities during construction in accordance with the National Planning Policy Framework paragraph 109 and in the interest of highway safety and amenity.

 

19  Prior to the first occupation of the development hereby permitted, a statement that provides details of how the air quality damage costs of £27,438 as calculated within the Emissions Mitigation Assessment Lustre 3030/MG/2-2019 dated February 2019, are to be used to achieve air quality improvements listed in section 6.2 shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details. 

 

GROUND;

In the interests of ensuring appropriate air quality in accordance with EP5 of the Thanet Local Plan and paragraph 181 of the NPPF. 

 

20  Details pursuant to condition 1, shall show how the provision of 1 Electric Vehicle Charging point per residential property with dedicated parking and 1 in 10 of all non allocated parking, which shall be installed to the specification within Thanet Air Quality Technical Planning Guidance 2016.

 

GROUND;

In the interest of air quality and amenity in accordance with EP5 of the Thanet Local Plan and paragraph 181 of the NPPF. 

 

21  Details pursuant to condition 1, shall identify a minimum of 10% of housing to be built in compliance with building regulations part M4(2)

 

GROUND;

To ensure that the type of housing complies with Policy H8 of the Thanet Local Plan 2006 and Policy QD05 of the emerging Thanet Local Plan 

 

22  Details pursuant to condition 1 shall include an explanation of how the proposed layout would accord with Secured by Design principles, in accordance with advice received from Kent Police.

 

GROUND;

To promote public safety and security in accordance with Policy D1 of the Thanet Local Plan D1 and paragraph 95 of the National Planning Policy Framework.

 

23  Details pursuant to condition 1 shall include details of any proposed roads (and identify which roads are to be offered for adoption), including provision of communal on street parking to accommodate likely demand from school pick up and drop off activity where appropriate, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, accesses, carriageway gradients, driveway gradients and street furniture in that phase. The development shall be laid out and constructed in accordance with those details as submitted to, and approved by, the Local Planning Authority prior to occupation of any part of the development and thereafter retained.

 

GROUND;

In the interests of highway safety and to ensure the proper development of the site without prejudice to the amenities of the occupants.

 

24  Details pursuant to condition 1, shall include details of the areas reserved for vehicle loading and unloading, vehicular parking spaces and/or garages, electric vehicle  charging points, and manoeuvring and turning facilities which shall be provided in accordance with standards to be agreed with the Local Planning Authority. Such facilities as approved shall be constructed and made available for use prior to the occupation of the unit for which they are provided to meet relevant parking and layout standards, and thereafter shall be retained for their approved purpose.

 

GROUND;

In the interests of highway safety and traffic flow, in accordance with Thanet Local Plan Policy TR16.

 

 

25  Details pursuant to condition 1, shall include the provision of adequate secure covered cycle parking facilities, in accordance with standards to be agreed with the Local Planning Authority. Such facilities as approved shall be made available for use prior to the occupation of the unit for which they are provided to meet relevant parking and layout standards, and thereafter shall be retained for their approved purpose.

 

GROUND;

 In the interests of highway safety and to facilitate the use of alternative means of transport, in accordance with Thanet Local Plan Policy TR12.

 

26  Details pursuant to condition 1, shall include the vehicular and pedestrian sightlines for all new junctions and accesses in accordance with details and standards to be agreed with the Local Planning Authority. No dwelling  shall be occupied until all relevant junctions and access roads serving that dwelling or floorspace (and linking it to the adopted highway) including the approved sightlines have been provided in accordance with the approved details. They shall thereafter be retained free from obstruction.

 

GROUND;

In the interests of highway safety.

 

27  Details pursuant to condition 1 above shall include the provision of means and routes of access for pedestrians and cyclists within the development to and from the surrounding footway and cycleway network. No dwelling shall be occupied until all such routes and means of access serving that dwelling are constructed and ready for use and thereafter shall be retained for their approved purpose.

 

GROUND;

In the interests of highway safety and to facilitate the use of alternative means of transport, in accordance with Thanet Local Plan Policies TR11 and TR12.

 

28  The development hereby approved shall incorporate bound surface materials for the first 5 metres of any access from the edge of the highway. 

 

GROUND;

In the interests of highway safety. 

 

29  Prior to the first occupation of any of the units hereby approved the following works between a dwelling and the adopted highway shall be completed:

 

footways and/or footpath, with the exception of wearing course;

carriageway, with the exception of the wearing course but including a turning facility, highway drainage, visibility splays, street lighting, street nameplates and highway structures if any. 

 

In accordance with details to be submitted to and approved, in writing, by the Local Planning Authority. 

 

GROUND;

In the interests of highway safety. 

 

30  No development shall take place until completion of the highway alterations shown on drawing number IT1860/TS/02 Rev. I submitted on 13th December or amended as agreed with the Local Planning Authority has been carried out.

 

GROUND;

In the interests of highway safety.

 

31  Details pursuant to condition 1 above shall include a 2.5m high acoustic fence along the length of the proposed public parking spaces within the application site. 

 

GROUND;

In the interests of highway safety and traffic flow, in accordance with Thanet Local Plan Policy TR16.

 

32  Details pursuant to condition 1 above shall include the provision of 10 car parking spaces for public use within the site access.

 

GROUND;

In the interest of parking amenity of existing residents and highways safety.

 

33  Prior to the first occupation of any dwelling hereby approved, the vehicular and pedestrian access to Monkton Street shall be completed in accordance with the approved plan and available for use. 

 

GROUND;

In the interests of highways safety.’

 

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

 

Then, it was proposed by Councillor Albon and seconded by Councillor Hart that:

 

“The application be REFUSED. The proposal, by virtue of its location, would result in the loss of countryside and best and most versatile farm land, outside of the identified urban confines in the current and emerging Thanet local plan, where the need for development does not outweigh the need to protect the countryside, and the harm resulting from the loss is not sufficiently outweighed by economic, social or environmental benefits, contrary to Policy CC1 of the Thanet Local Plan 2006, Policy SP21 of the Draft Local Plan and paragraph 170 of the National Planning Policy Framework.”

 

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