Agenda item

PROPOSAL: Erection of a four storey building for a mixed use development comprising 751 sq m of commercial office use on the ground floor (use class B1) together with 2No one-bedroom, 8No two bedroom and 4No three-bedroom apartments on first, second and third floors (use class C3) with associated parking, access and landscaping following demolition of existing building.

 

A statement from Mr Hume, in favour of the application was read out by an Officer.

 

A statement from Westgate Town Council, raising points of concern, was read out by an Officer.

 

A statement from ward Councillor Braidwood was read out raising points of concern.

 

A statement from ward Councillor Bambridge was read out in favour of the application.

 

It was proposed by the Chairman and seconded by the Vice Chairman:

 

“THAT the officer’s recommendation be adopted, namely:

 

Defer and Delegate for approval subject to the satisfactory completion of unilateral undertaking 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 proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 22 Rev A, 23 Rev B, 28 Rev B and 29 received 17 April 2020, and 21 Rev E, 31, replacement tree planting plan 001 Rev A, tree protection plan 001 Rev A received 16 July 2020.

 

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 in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the

National Planning Policy Framework.

 

4  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 QD03 of the Thanet Local Plan and the National Planning Policy Framework.

 

5  No development 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 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 that silt and pollutants resulting from the site use and construction can be adequately managed to ensure there is no pollution risk to receiving waters.

 

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 Policy CC02 of the Thanet Local Plan and advice contained within the NPPF

 

6  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 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 Policy CC02 of the Thanet Local Plan and advice contained within the NPPF.

 

7  Prior to the installation of any external lighting, full details of the external lighting, including their fittings, illumination levels and spread of light shall be submitted to, and approved in writing by, the Local Planning Authority. The lighting installation shall then be carried out in accordance with the approved details.

 

GROUND;

To ensure that light pollution is minimised in the interest of the visual and residential amenities of the area, in accordance with Policy SE08 of the Thanet Local Plan.

 

8  Prior to the first occupation of the development hereby permitted details of the cycle parking, shall be submitted to and approved 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 promote cycling as an alternative form of transport, in accordance with Policy TP03 and SP43 of the Thanet Local Plan

 

9  Prior to the first use of the development, the area shown on approved plan numbered 21 Rev E received 17 July 2020 for the parking and manoeuvring of vehicles shall be operational. The area approved shall thereafter be maintained for that purpose.

 

GROUND;

To provide satisfactory off street parking for vehicles in accordance with Policy TP06 of the Thanet Local Plan and the advice contained within the NPPF

 

10  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.

 

11  Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include:

 

species, size and location of new trees, shrubs, hedges and grassed areas to be planted.

the treatment proposed for all hard surfaced areas beyond the limits of the highway.

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 in accordance with Policies QD02 and SP30 of the Thanet Local Plan, and the advice as contained within the NPPF.

 

12  Prior to the installation of any external windows and doors, joinery details at a scale of 1:5 of the windows and doors to include sections through glazing bars, frame and mouldings shall be submitted to and approved in writing by the Local Planning Authority. Such details as are approved shall be carried out concurrently with the development and fully implemented prior to the first occupation of any part of the approved development.

 

GROUND;

To secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with Policy QD02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

 

13  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 QD02 of the Thanet Local Plan

 

14  The rooflights hereby approved shall be 'conservation style' rooflights, set flush with the roof plane.

 

GROUND;

To safeguard the special character and appearance of the area as a Conservation Area in

accordance with Policy HE02 of the Thanet Local Plan, and advice as contained within the

National Planning Policy Framework.

 

15  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;

To safeguard the special character and appearance of the area as a Conservation Area in

accordance with Policy HE02 of the Thanet Local Plan and the advice as contained within the NPPF.

 

16  Prior to the first occupation or use of the building hereby permitted, details of the refuse storage shall be submitted to and approved in writing by the Local Planning Authority. The refuse storage shall be in accordance with the approved details and thereafter maintained.

 

GROUND;

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD02 and QD03 of the Thanet Local Plan.

 

17  The proposed B1 use hereby approved shall not be used other than between the hours of Monday to Friday 0800 to 2000.

 

GROUND;

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

 

18  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 Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

19  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 (LA90,T) at the nearest residential facade. All measurements shall be defined and derived in accordance with BS4142 2014.

 

GROUND;

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF.

 

20  Prior to the commencement of the development hereby approved, details of the construction of the ceilings and floors that separate the first and second floors shall be submitted to and approved by the Local Planning Authority. The ceilings and floors shall resist the transmission of airborne sound such that the weighted standardised difference (DnT, W + Ctr) shall not be less than 50 decibels. The weighted standardised difference (DnT, W) a spectrum adaption term, Ctr, is quoted according to BS EN ISO 16283-1:2014 Acoustics. Field measurement of sound insulation in buildings and of building elements. Airborne sound insulation. The work 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 in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF

 

21  Prior to the commencement of the development hereby approved, details of the construction of the ceilings and floors that separate the residential and commercial units shall be submitted to and approved by the Local Planning Authority. The ceilings and floors shall resist the transmission of airborne sound such that the weighted standardised difference (DnT, W + Ctr) shall not be less than 53 decibels. The weighted standardised difference (DnT, W) a spectrum adaption term, Ctr, is quoted according to BS EN ISO 16283-1:2014 Acoustics. Field measurement of sound insulation in buildings and of building elements. Airborne sound insulation. The work 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 in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF

 

22  Prior to the removal of any trees in connection with the development hereby approved on site, a precautionary method statement shall be submitted to and approved by the Local Planning Authority, detailing how the trees will be removed to minimise the impact on roosting bats. The method statement must be implemented as approved.

 

GROUND;

In order to safeguard protected species that may be present, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF.

 

23  Prior to the first occupation of the development hereby approved, an ecological enhancement plan shall be submitted to and approved by the Local Planning Authority, detailing what ecological enhancements will be incorporated into the site. The plans must be incorporated into the site as detailed in the approved plan.

 

GROUND;

In the interests of the visual amenities of the area and to make a positive contribution to biodiversity, in accordance with Policies QD02 and SP30 of the Thanet Local Plan, and the advice as contained within the NPPF.

 

24  Prior to the first use of the building hereby permitted, the vehicular access approved and associated vehicle crossing point onto the highway, as shown on the approved plan numbered 21 Rev E received 17 July 2020 should be complete.

 

GROUND;

In the interests of highway safety, in accordance with the advice contained within the NPPF.

 

25  Existing trees, shrubs and hedgerows identified for retention within the development

site or existing trees growing on an adjacent site, where excavations, changes to land levels or underground works are within the crown spread, shall be protected in accordance with BS 5837 2012 using the following protective fence specification - o Chestnut paling fence 1.2m in height, to BS 1722 part 4, securely mounted on 1.7m x 7cm x 7.5cm timber posts driven firmly into the ground. The fence shall be erected below the outer most limit of the branch spread or at a distance equal to half the height of the tree, whichever is the furthest from the tree, unless otherwise agreed in writing with the Local Planning Authority. The protective fencing shall be erected before the works hereby approved or any site clearance work commences, and shall thereafter be maintained until the development has been completed. At no time during the site works shall building materials, machinery, waste, chemicals, stored or piled soil, fires or vehicles be allowed within the protective fenced area. Nothing shall be attached or fixed to any part of a retained tree and it should not be used as an anchor point. There shall be no change in the original soil level, nor trenches excavated within the protective fenced area.

 

GROUND;

To protect existing trees and to adequately integrate the development into the environment, in accordance with Thanet Local Plan Policy QD02.

 

26  All excavations within the existing spread of the trees to be retained shall be carried out manually; using only hand held tools and any roots exposed thereby shall be bridged over in the construction of the foundations.

 

GROUND;

To Protect existing trees and to adequately integrate the development into the environment, in accordance with Thanet Local Plan Policy QD02.

 

27  Prior to the first occupation of the development hereby approved, details of the design of the electric vehicle charging points, to be located as shown on the approved plan numbered 21 Rev E received 17 July 2020, shall be submitted to, and approved in writing by, the Local Planning Authority, and thereafter implemented and maintained as approved.

 

GROUND;

To protect air quality, in accordance with Policy SP14 of the Thanet Local Plan and the advice as contained within the NPPF.

 

28  The first and second floor windows serving the kitchen and living room for units 1 and 6 in the eastern side elevation of the building hereby approved shall be non-opening below 1.73m above the finished internal floor level, and 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 the first occupation of the development hereby permitted and permanently retained thereafter.

 

GROUND;

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

 

29  The ground floor of the development hereby approved shall be used as an commercial office (B1a) and for no other purpose including any other purpose in Class B1; of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

GROUND;

To secure the proper development of the area as an acceptable departure from Policy E05 and E06 of the Thanet Local Plan.

 

30  The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 of regulation 36 to the Building Regulations 2010, as amended, applies.

 

GROUND;

Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

 

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

 

Then, it was proposed by the Chairman and seconded by Councillor Albon:

 

”That the application be deferred to officers to pursue alternatives to carparking and layout with the agreement of KCC highways to seek to retain the mature trees to be removed from the site and report back to Members in a future planning committee with a proposed resolution and also potential reasons for refusal”

 

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