Agenda item

PROPOSAL: Change of use of existing Public House and surrounding land (Use Class A4) with the erection of a three storey building comprising 2no. 2-bed and 1no 1-bed self-contained flats on upper floors and a cycle cafe and micropub (Use Classes Sui Generis) at ground floor together with the erection of 4no. 2-storey 3-bed semi-detached dwellings with associated parking and landscaping following demolition of existing Public House.

 

A statement from Mrs Taylor, objecting to the application was read out by an Officer

 

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

 

 

Councillors Rogers and Rattigan spoke as Ward Councillors.

 

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 report 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 and the approved drawings numbered P01 Rev E (received 15/12/20), P02 Rev E (05/02/21), P03 Rev C (received 15/12/20), P04 Rev C (received 23/11/20), P05 Rev B (received 23/11/20), P07 Revision A (received 15/12/20) and P08 Rev A (received 15/12/20).

 

GROUND

To secure the proper development of the area.

 

 3  Prior to the construction of the external surfaces of the development hereby approved manufacturer details 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 details unless otherwise agreed in writing by the Local Planning Authority.

 

GROUND

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan

 

 4  Prior to the first occupation of the commercial/residential building hereby permitted, the doorstep play area for the residential accommodation of the building as shown on the approved plan numbered PO1 Rev E (received 15/12/20) , shall be provided and thereafter maintained.

 

GROUND

In order to provide a safe doorstep play area in accordance with Policies QD03 and GI04 of the Thanet Local Plan.

 

 5  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 QD02 and GI04 of the Thanet Local Plan

 

 6  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 and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan

 

 7  A landscape management plan (including long term design objectives), management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its approved use. The amenity areas shall be managed in accordance with the approved landscape management plan in perpetuity.

 

GROUND

In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan

 

 8  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.

 

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 National Planning Policy Framework

 

 9  All living and sleeping accommodation hereby shall be sited at or above 6.03m AOD.

 

GROUND

In order to protect future residents in a flood event in accordance with the principles of the National Planning Policy Framework.

 

10  Prior to the commencement of development, full details, including drawings and exact specifications of flood mitigation measures as set out in the submitted Flood Risk Assessment (Herrington Consulting Limited December 2020) section 7.3, shall be submitted to and agreed in writing by the Local Planning Authority. Such details as are agreed shall be fully implemented in accordance with the approved details of any of the units and shall thereafter be maintained as specified.

 

GROUND

To reduce any impact of flooding in accordance with Policy CC02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

 

11  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

To ensure that the development is compatible with the amenities of the future occupiers in accordance with the NPPF and in pursuance of Policy QD03 of the Thanet Local Plan.

 

12  There shall be no servicing of the building, no goods shall be loaded or deposited and no delivery vehicles shall arrive, depart, be loaded or unloaded, within the application site before 7am; or after 6pm; hours Mondays to Fridays: before 8am; or after 6pm; hours on Saturdays or at any time on Sundays or Bank Holidays.

 

GROUND

In the interest of residential amenity and in pursuance of Policy QD03 of the Thanet Local Plan.

 

13  The front elevation openings (onto Sandwich Road) to the habitable rooms within the residential accommodation on the first and second floor of the commercial/residential building shall be fitted with triple glazing and therefore after retained.

 

GROUND

In the interest of residential amenity and in pursuance of Policy QD03 of the Thanet Local Plan.

 

14  Prior to the commencement of the cycle cafe use hereby approved an extraction system shall be provided to food cooking and preparation areas, that terminates 1 metre above roof (ridge/eaves), in accordance with details submitted to and agreed in writing by the Local Planning Authority. The flue discharge efflux velocity shall achieve at least 8metres per second and that the flue is to be sited so as to minimise effects of vibration transmission and noise to any adjacent façade, and incorporates anti-vibration mounts, flexible couplings and an accelerator cone. Any such extraction system agreed shall be installed and thereafter maintained in accordance with the manufacturer's specification unless otherwise agreed in writing by the Local Planning Authority. Odours from the site shall not be detected at any adjoining or neighbouring residential premises not in the occupation of the proprietors of the food business.

 

GROUND

In the interest of residential amenity and in pursuance of Policy QD03 of the Thanet Local Plan.

 

15  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 interest of residential amenity and in pursuance of Policy QD03 of the Thanet Local Plan.

 

16  Prior to the commencement of the development hereby approved, details of the construction of the ceilings and floors that separate the second floor and third floors of the three-storey residential and commercial building  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

To ensure that the development is compatible with the amenities of the future occupiers in accordance with the NPPF and in pursuance of Policy QD03 of the Thanet Local Plan.

 

17  Other than background music (music that is not part of a performance and played at a level that would not interrupt normal conversation) there shall be no amplified music, recorded music or any other amplified sound (from loudspeakers/PA systems) within the ground floor commercial unit

 

GROUND

To ensure that the development is compatible with the amenities of the future occupiers in accordance with the NPPF and in pursuance of Policy QD03 of the Thanet Local Plan.

 

18  Prior to the commencement of the development hereby permitted, details of the electric vehicle charging points to be provided within the development, including their location and design, shall be submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging points shall be in the form of one active charging point per allocated parking space, and one active charging point per ten unallocated parking spaces. The electric vehicle charging points shall be provided prior to the first occupation of the development and thereafter maintained.

 

GROUND

To protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and the advice as contained within the NPPF

 

19  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 demolition, construction and delivery vehicles to / from site

(b) Parking and turning areas for demolition, construction and delivery vehicles and

site personnel

(c) Timing of HGV movements

(d) Provision of wheel washing facilities

(e) Temporary traffic management / signage

(f) Access arrangements

Provision of measures to prevent the discharge of surface water onto the highway.

Provision and permanent retention of the vehicle parking spaces and/or garages shown on

the submitted plans for the purpose of parking of vehicles only, prior to the use of the site commencing.

 

GROUND

In the interests of highway safety and neighbouring amenity, in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF.

 

20  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, in accordance with the advice contained within the NPPF.

 

21  Prior to the first use of the development hereby permitted details of the secure cycle parking, to accommodate the provision shown on approved drawing no. PO1 Rev E (received 15/12/20) shall be submitted to and approved in writing by the Local Planning Authority.

 

GROUND

To promote cycling as an alternative form of transport, in accordance with Policy TP03 and SP43 of the Thanet Local Plan

 

22  Prior to the first use of the site hereby permitted, the vehicular accesses and associated vehicle crossing point in the highway, as shown on the approved plan numbered PO1 Rev E (received 15/12/20) should be completed and made operational.

 

GROUND

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

 

23  Prior to the first use of the site hereby permitted, the footway along the Sandwich Road frontage, as shown on the approved plan numbered PO1 Rev E (received 15/12/20) should be completed and made operational.

 

GROUND

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

 

24  Prior to the first use of the site commencing hereby approved visibility splays shown on the submitted plans shall be provided to the accesses on to Sandwich Road as shown on the approved plan no PO1 Rev E (received 15/12/20) with no obstructions over 1m above carriageway level within the splays, which shall thereafter be maintained.

 

GROUND

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

 

25  Prior to the first use of the site hereby approved pedestrian visibility splays of 1 metre by 1 metre behind the footway on both sides of the each access with no obstructions over 0.6m above footway level shall be provided and thereafter maintained.

 

GROUND

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

 

26  Prior to the first use of the site allocated parking shall be clearly denoted for visitors, staff and residents.

 

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

 

27  The first floor windows in the rear elevation  (north west) and projecting window on the side elevation (north west) of the commercial/residential building and the side elevation (south west) of the dwelling denoted as unit 1 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 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.

 

28  The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes.

 

GROUND

All new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and have resilience to function in a changing climate, in accordance with Policy QD01 of the Thanet Local Plan.

 

29  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 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.’”

 

 

This motion was put to the vote and declared CARRIED.