Agenda item

PROPOSAL: Erection of a part 3-storey, part 4-storey, and part 5-storey building comprising 15no. 2-bed self-contained flats and 3no. 1-bed self-contained flats, with basement parking

 

Speaking in favour of the application was Mr Rafferty.

 

Speaking raising points of concern was Mr Carter.

 

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 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 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 proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 200.00 P5, 200.01 P6, 200.02

P5, 200.03 P5, 200.04 P5, 210.01 P4, 210.02 P4, 210.03 P4, and 210.04 P3, received 03

October 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 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.

 

 4  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 (LPA). 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 any 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 LPA. The

scheme shall be implemented as approved.

 

Reason

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 in line with

paragraph 170 of the National Planning Policy Framework (NPPF).

 

 5  Prior to any part of the permitted development being occupied a verification report

demonstrating the completion of works set out in the approved remediation strategy

and the effectiveness of the remediation shall be submitted to, and approved in

writing, by the LPA. 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.

Reason

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.

 

 6  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

LPA) 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.

 

Reason

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 NPPF.

 

 7  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.

 

Reason

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.

 

 8  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.

Reason

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.

 

 9  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 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 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.

 

Reason:

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.

 

10  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.

 

Reason:

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.

 

11  No development  shall take place until details of the means of foul drainage 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.

 

12  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.

 

13  The gradient of the access hereby approved shall be no steeper than 1 in 10 for the first 1.5 metres from the highway boundary and no steeper than 1 in 8 thereafter.

 

GROUND;

In the interests of highway safety.

 

14  Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. 200.01 Rev P6 shall be provided and thereafter maintained.

 

GROUND;

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

 

15  Prior to the first occupation of the development, the area shown on plan numbered 200.00 Rev P5 for the parking of vehicles shall be operational.  The area approved shall thereafter be maintained for that purpose.

 

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.

 

16  The development hereby permitted shall be constructed in accordance with the precationary mitigation measures for hedgehogs as detailed within the Preliminary Ecological Appraisal (MIddlemarch Environmental Ltd July 2019).

 

GROUND:

In the interests of protecting a priority species, in accordance with the NPPF.

 

17  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.

 

18  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

 

19  Prior to the first occupation of the development hereby permitted, electric vehicle charging shall be provided within the site in the form of one active space and 15no. passive spaces. Details of the location and design details of the active electric vehicle charging point 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:

To reduce the impact upon air quality, in accordance with the NPPF.

 

20  Prior to the commencement of the development hereby approved, a scheme to demonstrate that the internal noise levels within the residential units and the external noise levels in back gardens and other relevant amenity areas will conform to the standard identified by BS 8233 2014, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority.  The work specified in the approved scheme shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter.

 

GROUND:

In the interests of amenity for future occupiers of the development, in accordance with paragraph 127 of the NPPF.

 

21  All new window and door openings shall be set within a reveal of not less than 100mm 

 

GROUND;

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

 

22  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

 

23  Prior to the construction of the external surfaces of the development hereby permitted, details of the metal ballustrading, and manufacturing details of the aluminium windows and doors, 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 visual amenity, in accordance with Policy D1 of the Thanet Local Plan, and the NPPF.

 

24  An airing cupboard shall be provided within each flat, as shown on plans numbered 200.01 Rev P6, 200.02 Rev P5, and 200.04 Rev P5, for the benefit of clothes drying facilities. The airing cupboards shall thereafter be maintained.

 

GROUND;

To secure a satisfactory standard of development and in the interests of the amenities of the area, in accordance with Policy D1 of the Thanet Local Plan.

 

25  At least 10% of the development shall be built in compliance with building regulation part M4(2); and at least 5% of the affordable units shall be built in compliance with building regulations part M4 (3).

 

GROUND:

To meet a range of community needs, in accordance with the NPPF and Policy QD05 of the Draft Local Plan.

 

26  The refuse storage facilities as specified upon the approved drawing numbered 200.01 Rev P6 shall be provided prior to the first occupation of the development hereby approved and shall be kept available for that use at all times.

 

GROUND;

To secure a satisfactory standard of development and in the interests of the amenities of the area, in accordance with Policy D1 of the Thanet Local Plan.’”

 

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