Agenda item

D02 - F/TH/19/0709 - Land And Buildings On The North Side Of Boundary Road, Ramsgate

Minutes:

Defer and delegate 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 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 site and landscape plans numbered 2427-CHE-110 Rev E, and V2427-L01 Rev B, received 9th March 2020, and the additional tree planting plans numbered V2427-D01 and V2427-D02, received 9th March 2020 ; revised plan numbered 2427-CHE-113 Rev A, received 7th February 2020; highway plans numbered 17130-010 Rev B, and 17130-011 Rev A, received 9th September 2019; and submitted plans numbered 2427-CHE-111, 2427-CHE-112, 2427-CHE-114, and 2427-CHE-115, received 23rd May 2019.

 

GROUND;

To secure the proper development of the area.

 

 3  Prior to the commencement of the development hereby approved, the applicant, or their agents or successors in title, shall secure the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification, 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 (excluding site clearance and demolition) 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 surfac water generated by this developmentbe (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site, through a proven connection to the sewer system at an agreed discharge rate. Development design shall also assess and mitigate any off-site overland surface water flows, which may impact the development site without any 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 use 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 NPPF.

 

 5  The development hereby permitted shall not 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.

 

 6  No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

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 - 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 express written consent of the local planning authority. The scheme shall be implemented as approved.

 

GROUND:

To prevent pollution of controlled waters and comply with the National Planning Policy Framework (NPPF).

 

 7  No occupation of any part of the permitted development shall take place until a verification report demonstrating 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 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. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

GROUND:

To prevent pollution of controlled waters and comply with the National Planning Policy Framework (NPPF).

 

 8  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.

 

 9  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.

 

10  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, 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 109 of the National Planning Policy Framework.

 

11  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.

 

12  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.

 

13  The area shown on the approved plan numbered 2427-CHE-110 Rev E, 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.

 

14  Prior to the first occupation of the development hereby permitted, the vehicle loading/unloading and turning facilities shown on the submitted plan numbered 2427-CHE-110 Rev E shall be provided and permanently retained. 

 

GROUND;

In the interests of highway safety.

 

15  Prior to the first use of the development hereby permitted, the covered cycle parking facilities, as shown on approved drawing no.  2427-CHE-110 Rev E, shall be provided and thereafter maintained.

 

GROUND;

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

 

16  Prior to the first use of the development hereby permitted, the new vehicular access and associated off-site highway works as shown on drawings numbered 17130-010 Rev B and 17130-011 Rev A, shall be completed, unless otherwise agreed in writing by the Local Planning Authority.

 

GROUND:

In the interests of highway safety.

 

17  Prior to the first use of the development hereby permitted, vehicular visibility splays shall be provided to the access onto Hardres Road, as shown on drawing numbered 17130-010 Rev B, with no obstructions over 1 metre above carriageway level within the splays. The visibility splays shall thereafter be maintained. 

 

GROUND:

In the interests of highway safety.

 

18  Prior to the first use of the development hereby approved, the redundant vehicle crossing to Boundary Road shall be removed and the footway reinstated in accordance with the specifications set out in the Kent Design Guide.

 

GROUND;

In the interests of highway safety.

 

19  Prior to the first use of the development hereby permitted, the new central island pedestrian crossing point in Boundary Road, as shown on the approved plan numbered 17130-010 Rev B, shall be completed, unless otherwise agreed in writing by the Local Planning Authority.

 

GROUND:

In the interests of highway safety.

 

20  All hard and soft landscape works, as shown on the approved plan numbered V2427-L01 Rev B, shall be carried out in accordance with the approved details. The works shall be carried out prior to the first use 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

 

21  The use of the premises hereby approved shall not be used other than between the hours of 07:00 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.

 

22  There shall be no deliveries to the site other than between the hours of 06:00 and 23:00 Monday to Saturday and bank holidays; and between the hours of 07:00 and 23:00 on Sundays. 

 

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.

 

23  The rating level of noise emitted from the proposed plant and equipment to be installed on the site shall be at least 5dB below the background noise level (>30dB LA90,T) at the nearest residential facade.  All measurements shall be defined and derived in accordance with BS4142: 2014.

 

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.

 

24  An acoustic assessment of compliance with condition 23  shall be submitted to the Local Planning Authority no later than two months after commencement of the operation of the development hereby permitted.  Any provisions indicated in the assessment which need to be made to control noise emanating from the site pursuant to condition 23 shall be submitted in writing for the written approval of the Local Planning Authority within 1 month of the assessment and all works which form part of the approved scheme shall thereafter be implemented in accordance with a timetable to be agreed in writing by the Local Planning Authority and thereafter maintained.

 

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.

 

25  The development hereby permitted shall be constructed and managed in accordance with the recommendations as set out within  section 5 of the Environmental Noise Report produced by Sharps Redmore, dated 22nd March 2019.

 

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.

 

26  Prior to the installation of the acoustic fence required through the recommendations as set out within  section 5 of the Environmental Noise Report produced by Sharps Redmore, dated 22nd March 2019, details of its location, design and materials shall be submitted to, and and approved in writing by, the Local Planning Authority. The fence shall be installed in accordance with the approved details.

 

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.

 

27  Prior to the first use of the development hereby permitted, 2no. active and 20no. passive electric vehicle charging spaces, in the location as shown on the approved plan numbered 2427-CHE-110 Rev E, shall be provided and thereafter maintained. Prior to their installation, details of the type/design of the electric vehicle charging points shall be submitted to, and approved in writing by, the Local Planning Authority. 

 

GROUND:

In the interests of air quality, in accordance with the NPPF.

 

28  Prior to the first use of the development hereby permitted, details of the boundary treatment to be provided along the north western boundary of the site (adjoining the approved residential scheme) shall be submitted to, and approved in writing by, the Local Planning Authority. The boundary treatment shall be erected in accordance with the approved details. 

 

GROUND:

In the interests of visual amenity, in accordance with Policy D1 of the Thanet Local Plan, and paragraph 127 of the NPPF.

 

29  At no time shall the retail unit hereby permitted be subdivided into seperate retail units below the approved floor area.

 

GROUND:

To protect the vitality and viability of the town centre, in accordance with Policy TC1 of the Thanet Local Plan, Policy E05 of the Draft Thanet Local Plan, and paragraphs 86 and 89 of the NPPF.

 

Supporting documents: