Agenda item

Councillor Pat Moore left the meeting during consideration of this item.

 

PROPOSAL: Outline application for the erection of up to 214no. dwellings, cemetery expansion, and associated access, with all other matters reserved.

 

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

 

A statement from Mr and Mrs Portanier, objecting to the application was read out by the Legal Officer.

 

A statement from Ms Fairbrass, objecting to the application was read out by the Legal Officer.

 

A statement from Mr Murray, objecting to the application was read out by the Legal Officer.

 

Councillor Pugh spoke as Ward Councillor.

 

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 for approval  subject to the receipt of a legal agreement securing the required planning obligations as detailed in the report and the following conditions:

 

1  Approval of the details of the layout, scale and appearance of any buildings to be erected, and the landscaping of the site, (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced. 

 

GROUND:

As no such details have been submitted.

 

 2  Plans and particulars of the reserved matters referred to in Condition 1 above, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. 

 

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

 3  Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission.

 

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

 4  The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved. 

 

GROUND:

In accordance with Section 92(2) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004)

 

 5  The proposed development shall be carried out in accordance with the submitted application as amended by the revised site access plan numbered 8949-GA-001 Rev P5, and the revised highway mitigation works plan numbered 8949-GA-002 Rev B, received 13 March 2019; the revised parameter plan numbered 365_198_002 Rev B, received 1st February 2019; and the emergency access plan numbered 8949-SK-002 Rev B, received 31 October 2018.

 

GROUND:

To secure the proper development of the area.

 

 6  No development shall take place (including any ground works, site or vegetation clearance) until a method statement for has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the:

 

a) Purpose and objectives for the proposed works:

b) Detailed design(s) and/or working method(s) necessary to achieve stated objectives;

c) Extent and location of proposed works, including the identification of a suitable receptor

site, shown on appropriate scale maps and plans;

d) Timetable for implementation, demonstrating that works are aligned with the proposed

phasing of construction;

e) Persons responsible for implementing the works, including times during construction

when specialist ecologists need to be present on site to undertake / oversee works;

f) Use of protective fences, exclusion barriers and warning signs;

g) Initial aftercare and long-term maintenance (where relevant);

h) Disposal of any wastes for implementing work.

 

The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

 

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.

 

 7  As part of the first submission of the reserved matters application for the development hereby permitted, an air quality emissions statement that provides details of how the air quality damage costs, as calculated within the emission mitigation assessment reference PBA 37720/3007, dated July 2018, are to be used to achieve air quality improvements through the development, 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 protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and advice contained within the National Planning Policy Framework

 

 8  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

 

 9  A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the first occupation of the development. The content of the LEMP shall include the following:

 

  a) Description and evaluation of features to be managed;

  b) Ecological trends and constraints on site that might influence management;

  c) Aims and objectives of management;

  d) Appropriate management options for achieving aims and objectives;

  e) Prescriptions for management actions, together with a plan of management

  compartments;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period;

  g) Details of the body or organisation responsible for implementation of the plan;

  h) Ongoing monitoring and remedial measures.

 

  The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

 

GROUND:

To ensure the long term management of habitats, species and other biodiversity features, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF.

 

10  Details to be submitted in pursuant of condition 1 above for landscaping shall include an ecological enhancement plan demonstrating what ecological enhancements will be incorporated into the site. The enhancements must be incorporated into the site as approved prior to the first occupation of the development hereby permitted.

 

GROUND:

To enhance biodiversity, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF.

 

11  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.

 

12  No drainage systems for the infiltration of surface water drainage into the ground are 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 that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with approved details.

 

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.

 

13  Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest. Al fill points, vents, gauges and sight gauge must be located within the secondary containment.

 

The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund.

 

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.

 

14  The details to be submitted in pursuant of condition 1 above shall show no development (other than the vehicular access road) within the area identified on the parameter plan reference 365_198_002 Rev B as the archaeological exclusion zone, or the area north of this zone. Full details of any landscaping/planting proposed within this area shall be provided as part of the landscaping reserved matters application.

 

GROUND:

To ensure that due regard is had to the preservation in situ of important archaeological remains. in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

15  No development shall take place until protective fencing has been erected around the archaeological exclusion zone (excluding the access point), in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority. The protective fencing shall be installed prior to the commencement of works on site, including site clearance, and shall remain in situ throughout the construction period. 

 

GROUND:

To ensure that due regard is had to the preservation in situ of important archaeological remains. in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

16  Prior to the first occupation of the development hereby approved, a scheme detailing the arrangements for the interpretation of the archaeology within the development site shall be submitted to, and approved in writing by, the Local Planning Authority. Examples of how to relay and interpret the archaeology and history of the site can include, but are not limited to, the use of materials, landscaping, public art and the provision of historical interpretation boards. The details submitted pursuant to this condition shall include location, design, dimensions and materials of any fixed interpretation and a timetable for their implementation. The interpretation scheme shall be carried out in full accordance with the approved details and timetable and maintained in accordance with the approved details.

 

GROUND: 

To ensure the development makes a positive contribution to local character and distinctiveness, through historical interpretation, in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

17  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.

 

18  Within 9 months of the completion of the on-site archaeological mitigation works referred to in condition 17 above, a Post Excavation Assessment Report shall be submitted to and approved in writing by the local planning authority. The Post-Excavation Assessment Report shall include an Updated Project Design and accompanying timetable for further analysis, publication and archive deposition of the findings of the archaeological investigations. The archaeological publication shall be produced in accordance with the programme and timetable set out in the report.

   

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.

 

19  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 in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF

 

20  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 protect the district's groundwater, in accordance with Policy SE04 of the Thanet Local Plan, and the advice contained within the National Planning Policy Framework.

 

21  Details to be submitted in pursuant of Condition 1 above for layout shall demonstrate that the requirements for surface water drainage for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm can be accommodated within the

proposed development layout.

 

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

 

22  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 of without increase to flood risk on or off-site. The design shall promote the use of infiltration SuDS and shall only dispose of surface water off-site for those parts of the site where infiltration presents an unacceptable risk to controlled waters.

 

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

 

23  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 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

 

24  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.

 

25  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 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 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.

 

26  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 

(h) Access arrangements

 

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.

 

27  The development hereby permitted shall incorporate  measures to prevent the discharge of surface water onto the highway.

 

GROUND:

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

 

28  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.

 

29  Prior to the first use of the cemetery hereby permitted, a monitoring and maintenance plan in respect of the cemetery, including a timetable for monitoring and the submission of reports to the Local Planning Authority, shall be submitted to, and approved in writing by, the Local Planning Authority. The reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the Local Planning Authority.

 

GROUND:

To ensure that the site does not pose any further risk to the water environment by managing anyon-going pollution issues, in line with paragraph 170 of the National Planning Policy Framework.

 

30  Prior to the first occupation of the development hereby permitted, the site access onto Tothill Street and associated improvements, along with the pedestrian uncontrolled crossing point, as shown on drawing numbered 8949-GA-001 Rev. P5, and the emergency access onto Greenhill Gardens, as shown on drawing numbered 8949-SK-002 Rev B (or amended as agreed in writing by the Local Planning Authority), shall be completed and made operational. 

 

GROUND:

In the interests of highway safety.

 

31  Prior to the first occupation of the development here permitted, the improvements to the Tothill Street approach to the Minster Roundabout, as shown on drawing numbered 8949-GA-002 Rev. B (or amended as agreed in writing by the Local Planning Authority), shall be completed and made operational.

 

GROUND:

In the interests of highway safety.

 

32  Prior to the first occupation of the dwelling the following works between the dwelling and the adopted highway shall be complete

 

(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 the living conditions of future occupants, in accordance with Policy QD03 of the Thanet Local Plan, and advice as contained within the NPPF. 

 

33  Prior to the first occupation of the development hereby granted a Travel Plan and a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The agreed programme shall thereafter be implemented in full.

 

GROUND:

To facilitate the use of alternative means of transport in accordance with Policy TP01, SP43 and the advice contained within the NPPF. 

 

34  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

 

35  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

 

36  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, unless otherwise agreed in writing by the Local Planning Authority. 

 

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.

 

37  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.

 

38  Details to be submitted in pursuant of condition 1 above shall include an Open Space Specification, which shall accord with the principles as shown within the submitted Landscape Strategy Plan no. 37720-3003-04. The Open Space Specification shall:

 

- Identify the location and extent of the main areas of formal and informal open space to be provided, which shall accord with the minimum requirements as set out within Policy GI04 of the Thanet Local Plan;

 

- Outline any local play space to be provided, providing also a detailed specification of any equipped play areas. Such play space shall be provided at a rate of at least 0.85 hectares per 1000 population (following criteria as stated in Thanet Local Plan 2020 Policy GI04) of which at least 0.25 hectares shall be equipped play area in accordance with the Local Planning Authority's Supplementary Planning Document "Planning Obligations and Developer Contributions - April 2010

 

- Identify how the relevant areas of public open space and play areas are to be laid out, paved, planted or equipped; and

 

The landscaped areas, open space and play space shall be laid out and implemented in accordance with approved plans and shall be permanently retained thereafter and used for and made available for public amenity and play space purposes only.

 

GROUND: 

In the interests of the visual amenities of the area and to adequately integrate the development into the environment, and provide local play space, in accordance with Policies QD02, GI04 and GI06 of the Thanet Local Plan and guidance within the National Planning Policy Framework. 

 

39  All dwellings hereby permitted shall be provided with the ability for connection to Superfast Fibre Optic Broadband 'fibre to the premises', where there is adequate capacity.

 

GROUND: 

To serve the future occupants of the development in accordance with Thanet Local Plan Policy SP14 and the guidance within the National Planning Policy Framework.

 

40  Prior to the installation of any external lighting a "lighting design strategy for biodiversity" for the site boundaries has been submitted to and approved in writing by the local planning authority. The lighting strategy shall

 

a)Identify those areas/features on site that are particularly sensitive for badgers and bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory;

b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory.

c)Details of the types of lighting to be used including their fittings, illumination levels and spread of light

 

All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy.

 

GROUND:

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

 

41  Prior 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 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

 

42  The details to be submitted in pursuant of condition 1 above for scale shall show no development exceeding 1.5 storeys in height in the area as annotated on the approved parameters plan; and all other development not exceeding 2-storeys in height to eaves level.

 

GROUND:

To limit the impact upon the character and appearance of the area and neighbouring amenity, in accordance with Policies QD02 and QD03 of the Thanet Local Plan. 

 

43  The details to be submitted in pursuant of condition 1 above shall show all units in compliance with the Nationally Described Space Standards as set out within Policy QD04 of the Thanet Local Plan; and accessible and adaptable accommodation provided in accordance with Policy QD05 of the Thanet Local Plan.

 

GROUND:

To achieve high standards of living accommodation in accordance with Policies QD03, QD04 and QD05 of the Thanet Local Plan. 

 

44  The details to be submitted in pursuant of condition 1 above for landscaping shall include details of all existing boundary treatments where the site adjoins neighbouring residential properties, and details of new boundary treatment required in order to achieve secure and private boundary treatment for both existing and future occupiers.

 

GROUND:

To achieve secure and private amenity space for existing and future occupiers, in accordance with Policy QD03 of the Thanet Local Plan.’

 

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