Agenda item

Erection of 23 no. dwellings following the demolition of existing buildings, with associated parking, open space and landscaping.

 

A statement raising points of concern from Mr Rayment was read out by an officer.

 

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 6 months securing the required planning obligations as set out in the Heads of Terms and 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 development hereby approved shall be carried out in accordance with the submitted drawings numbered P01 Rev A, P02 Rev D, P05 Rev A, P06 Rev A, P07 Rev A, P08 Rev A, P09 Rev A, P10 Rev A, P11 Rev A, P12 Rev A, P13 Rev A, P15 Rev A, P16 Rev A, P17, P18, P19 E, HPC_1259_FP and 2019-3501-001. 

 

GROUND;

To secure the proper development of the area.

 

 3  No development, excluding demolition, shall commence until a site characterisation and remediation scheme has been submitted to and approved in writing by the Local Planning Authority and the remediation scheme has been implemented in accordance with the approved details. The site characterisation, remediation scheme and implementation of the approved remediation scheme shall be carried out in accordance with the following criteria (a) Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment shall be undertaken by competent persons and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority, and shall include 

 

 o         A survey of the extent, scale and nature of contamination

 o         An assessment of the potential risks to

 o         Human health

 o         Property

 o         Adjoining land

 o         Groundwaters and surface waters

 o         Groundwaters and surface waters

 o         Ecological system

 o         An appraisal of remedial options and a recommendation of the preferred options 

 

The site characterisation report shall be conducted in accordance with British Standards and current DEFRA and Environment Agency best practice.(b) Submission of remediation scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme shall ensure that the site cannot be considered as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.(c) Implementation of Approved Remediation Scheme The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of the development other than that required to carry out remediation. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved 

remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by the Local Planning Authority

 

GROUND;

To ensure that the proposed site investigation, remediation and development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within the National Planning Policy Framework.

 

 4  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 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 National Planning Policy Framework. 

 

 5  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 from any identified contamination on site in line with paragraph 170 of the NPPF. 

 

 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, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants from any identified contamination on site in line with paragraph 170 of the NPPF. 

 

 7  No development, excluding demolition, 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.

 

 8  No development, excluding demolition, shall take place 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 be based on the Flood Risk and Sustainable Drainage Assessment dated August 2019 and 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 of within the curtilage of the site 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 use can be adequately managed to ensure there is no pollution risks 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 satisfactorily arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding.

 

 9  No building or any phase 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 operational and maintenance manual manual for the sustainable drainage scheme as constructed. 

 

GROUND;

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 NPPF. 

 

10  No development, excluding demolition, 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 in accordance with Thanet Local Plan Policy HE11.

 

11  Prior to the commencement of any development on site, a Construction Management Plan including, but not necessarily limited to, 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) Wheel washing facilities and their use 

(g) Measures to control the emission of dust and first during construction and a scheme for recycling / disposing of waste resulting from construction works 

(h)A Construction Environment Management Plan, including hours of construction working, measures to control noise for nearby residents, lighting control measures, pollution incident control and site contact details in case of complaints. 

 

GROUND;

To ensure pollution prevention measures are in place for all potentially polluting activities during construction in accordance with the NPPF and in the interests of highway safety. 

 

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 development hereby approved shall incorporate a bound surface material for the first 5 metres of the access from the edge of the highway.

 

GROUND;

In the interests of highway safety.

 

14  The area shown on drawing 755:P19 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 occupation of the dwellings 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.

 

15  Completion of the following works between a dwelling and the adopted highway prior to first occupation of the dwelling shall occur (a) Footways and/or footpaths, with the exception of the wearing course; (b) Carriageways, 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). 

 

GROUND;

In the interests of highway safety and neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and paragraphs 108, 110 and 127 the National Planning Policy Framework.

 

16  Prior to the first occupation of the development hereby approved the visibility splays shown on the approved plans shall be provided to the accesses with no obstructions over 1m above carriageway level within the splays, which shall thereafter be maintained. 

 

GROUND;

In the interest of highway safety.

 

17  Prior to the first occupation of the dwellings hereby approved 1 Electric Vehicle Charging point per residential property with dedicated parking and 1 in 10 of all non allocated parking, shall be installed to the specification within Thanet Air Quality Technical Planning Guidance 2016 and thereafter permanently retained. 

 

GROUND;

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

 

18  No development, excluding demolition, shall commence until the footpath as shown on approved drawing 2019-3501-001 between the points shown as X and Y on drawing HPC_1259_2019_FP has been completed and made available for use. 

 

GROUND;

In the interests of highway safety and to facilitate the use of alternative means of transport in accordance with saved policies TR11 and TR12. 

 

19  Prior to the first occupation of the dwellings hereby approved, a lighting design plan for biodiversity will be submitted to, and approved in writing by, the local planning authority. The plan will accord with the recommendations detailed in section 4.2.2 of the Preliminary Ecological Appraisal dated October 2018 and will: 

 

• Identify those areas/features on and around the site that are particularly sensitive for bats; 
• Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb bat activity. 

All external lighting will be installed in accordance with the specifications and locations set out in the plan and well maintained thereafter in accordance with the plan. 

 

GROUND;

To ensure that light pollution is minimised in the interest of the visual and residential amenities of the area, in accordance with Policy D1 of the Thanet Local Plan.

 

20  Prior to the completion 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. This will include the implementation of recommendations in section 4.4 of the Preliminary Ecological Appraisal (Corylus Ecology. October 2018), which includes the provision of a Swallow nesting site. The approved details will be implemented and thereafter retained.

 

GROUND;

In the interests of nature conservation in accordance with the advice contained within paragraph 170 of the National Planning Policy Framework.

 

21  Prior to the commencement of development (excluding demolition), an invasive non-native species removal plan will be submitted to, and approved by, the local planning authority. The plan will detail the containment, control and removal of Japanese Knotweed on-site. The measures will be carried out in accordance with the approved scheme.

 

GROUND;

In the interests of nature conservation in accordance with the advice contained within paragraph 170 of the National Planning Policy Framework.

 

22  Prior to the first occupation of the development hereby approved,  full details of both hard and soft landscape works to all areas other than private gardens as shown on approved plan numbered Po2 Rev D, to include 

 o species, size and location of new trees, shrubs, hedges and grassed areas to be planted,  including ing the 3m landscape zone on the northern boundary of the site.

 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.

 

23  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. 

 

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  All windows serving WC's, bathrooms and ensuites in the development hereby approved shall be provided and maintained with obscured glass to a minimum level of obscurity to conform to Pilkington Glass level 4 or equivalent and shall be installed prior to first occupation of each respective dwelling hereby permitted and permanently retained thereafter.

 

GROUND:

To safeguard the privacy and amenities currently enjoyed by the occupiers of adjoining residential properties in accordance with policy D1 of the Thanet Local Plan.

 

26  No further alterations/extensions to the roof of unit 21 as indicated on approved plan numbered Po2 Rev D whether approved by Schedule 2, Part 1, Classes B and C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out without the prior permission in writing of the Local Planning Authority.

 

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.’”

 

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