Agenda item

D06 OL/TH/20/0335 - W S Cole And Son, 116 Monkton Street, Monkton, RAMSGATE

Minutes:

Following his declaration of interest, Councillor Shonk left the meeting for the duration of this item.

 

PROPOSAL: Outline application for the erection of 19 houses (two storey) and 18 retirement flats (two storey) with associated parking including access, landscaping, layout and scale together with the change of use of existing storage building to retail following demolition of existing buildings.

 

Mr Paine spoke in favour of the application.

 

Mr Smith raised points of concern.

 

Ms Smith raised points of concern.

 

Parish Councillor Brown spoke on behalf of Monkton Parish Council.

 

It was proposed by the Chair and seconded by the Vice-Chair:

 

‘That the application be DEFERRED AND DELEGATED for approval subject to the satisfactory completion of a legal agreement within 6 months securing the required planning obligations as set out in the report and the following conditions:

 

 1  Approval of the details of the appearance of any buildings to be erected, (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 in respect of these matters as the application is in outline. In accordance with Section 92 of the Town and Country Planning Act 1990. 

 

 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  Any reserved matters applications submitted pursuant to this outline application shall accord with the principles and parameter of the following Parameter Plans received by the Local Planning Authority on the (including any text set out on those Plans to illustrate the development principles):- 

 

AL-100 Rev L Proposed Housing received 8th October 2021

AL-106 Rev D Proposed Housing Types and Heights received 25th May 2021

 

GROUND;

To ensure that any development is in accordance with and within the parameters of that assessed by the Local Planning Authority and in the interest of achieving sustainable development, in accordance with Thanet Local Plan Policies QD02 and QD03 and the principles with the National Planning Policy Framework. 

 

 6  Prior to the occupation of any part of the development hereby approved a Landscape Management Plan shall be submitted to and approved in writing by the Local Planning Authority for all landscaped areas which shall include long term design objectives, details of who it to have ongoing management responsibilities for the area and how those arrangements will be secured in perpetuity and annual maintenance schedules for all landscaped areas. 

 

The approved Landscape Management Plan shall be implemented and adhered to as approved subject to any minor revisions thereto as may be 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, SP27 and GI06 of the Thanet Local Plan and guidance within the National Planning Policy Framework. 

 

 7  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 Local Plan and the guidance within the National Planning Policy Framework. 

 

 8  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.

 

 9  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.

 

10  The retirement units hereby permitted shall only be occupied by persons of 55 years of age or over, together with their spouse or partner. 

 

GROUND;

As the proposed development, if not occupied by older persons would be deficient in play space provision, and off-site financial contributions, contrary to Thanet Local Plan Policies QD03, GI04 and SP41.

 

11  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.

 

12  Prior to the first use/occupation of the development, the area shown for vehicle parking including visitor parking on drawing AL-100 Rev L 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.

 

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, in accordance with the advice contained within the NPPF.

 

14  Prior to the first occupation or use of the development hereby permitted details of the covered cycle parking, which shall be in the form of detailed specification 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

 

15  Prior to the first use of the site hereby permitted, the vehicular access and associated highway alterations as shown on the submitted plans or amended as agreed with the Local Planning Authority should be completed and made operational.

 

GROUND;

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

 

16  Prior to the first occupation of any dwelling the following works between a dwelling and the adopted highway shall be completed:

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

 

17  Prior to the first occupation/use of the site hereby approved the provision and maintenance of the visibility splays shown on the submitted plans with no obstructions over 1 metre 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.

 

18  The refuse storage facilities as specified upon the approved drawing numbered AL-100 Rev L shall be provided prior to the first occupation of the development hereby approved and shall be kept available for that use at all times.

 

GROUND;

To secure a satisfactory standard of development and in the interests of the amenities of the area, in accordance with Policy QD02 of the Thanet Local Plan.

 

19  No development approved by this planning permission shall commence until a strategy to deal with the potential risks associated with any contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority (LPA). This strategy will include the following components:

1. A preliminary risk assessment which has identified all previous uses of potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors and 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 written consent of the Local Planning Authority. The scheme shall be implemented as approved.

 

Any remediation must be carried out in a strictly controlled manner to ensure that contaminants are not exposed and releases allowed to air, land or controlled waters, which could cause pollution, harm or nuisance. Clearing areas, particularly removing hardcover, must be done in a manner not likely to expose contaminants to flushing by incipient rainfall or surface water run-off on the site. Temporary surface water controls and management of any materials movement on site is critical to ensure protection of controlled waters near the site.

 

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 in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

20  Prior to any part of the permitted development being occupied a verification report demonstrating the 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.

 

GROUND;

To ensure that the site does not pose any further risk to human health or the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. In accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

21  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The remediation strategy shall be implemented as approved.

 

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.

 

22  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.

 

23  Prior to the commencement of development, a detailed sustainable surface water drainage scheme for the site shall be submitted to, and approved in writing by, the Local Planning Authority. The detailed drainage scheme shall be based upon the Drainage Strategy prepared by HAPA Architects dated February 2020 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 without increase to flood risk on or off-site.

The drainage scheme shall also demonstrate (with reference to published guidance):

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

o 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.

 

24  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 accordance with Policy SE04 of the Thanet Local Plan, and the advice contained within the National Planning Policy Framework.

 

25  No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority.  The approved statement shall be adhered to throughout the construction period and shall provide details of: 

a) Routing of demolition/construction and delivery vehicles to / from site

b) Parking and turning areas of vehicles for demolition/construction and delivery vehicles, site operatives and visitors; 

c) Timing of vehicle movements (these will be restricted to outside school drop-off and pick-up periods)

d) wheel washing facilities and their use; 

e) Temporary traffic management / signage

f) Before and after construction of the development, highway condition surveys for

highway access routes should be undertaken and a commitment provided to fund the

repair of any damage caused by vehicles related to the development.

g) Access arrangements

h) loading and unloading of plant and materials; 

i) storage of plant and materials used in constructing the development; 

j) measures to control the emission of dust and dirt during construction including a scheme for recycling/disposing of waste resulting from construction works

k) a construction environmental management plan, including details of operation construction times, enclosures for noise emitting equipment, dust and waste management policy and construction site noise management including siting of stationary noisy or vibrating plant equipment. 

 

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 National Planning Policy Framework.

 

26  Prior to above ground development, details to be submitted showing the provision of 1 Electric Vehicle Charging point per residential property with dedicated parking and 1 in 10 of all non allocated parking, which shall be installed to the specification within Thanet Air Quality Technical Planning Guidance 2016. 

 

GROUND;

In the interest of air quality and amenity in accordance with SE05 of the Thanet Local Plan and paragraph 186 of the NPPF. 

 

27  From the commencement of works (including site clearance when in connection with the approved development), all mitigation measures for reptiles shall be carried out in accordance with the details contained within the 'Reptile Presence Absence Survey Report' (Fellgrove November 2020).

 

GROUND;

To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified to preserve ecology in accordance with Policy SP30 of the Local Plan and paragraph 180 of the National Planning Policy Framework.

 

28  From the commencement of works (including site clearance when in connection with the approved development), all mitigation measures shall be carried out in accordance with section 3 of the 'Bat Emergence Assessment Report' (Fellgrove August 2021), unless varied by a Natural England licence.

 

GROUND;

To ensure that the measures considered necessary as part of the ecological impact assessment are carried out as specified to preserve ecology in accordance with Policy SP30 of the Local Plan and paragraph 180 of the National Planning Policy Framework.

 

29  Prior to the first installation of any external lighting, a detailed outdoor lighting scheme shall be submitted to, and approved in writing by, the Local Planning Authority.  The scheme shall include details of the type of lights, the orientation/angle of the luminaries, the spacing and height of the lighting columns, the extent/levels of illumination over the site and on adjacent land and the measures to contain light within the curtilage of the site demonstrating that areas to be lit will not disturb bat activity..  The development shall be implemented in accordance with the approved scheme and thereafter maintained as agreed. 

 

GROUND;

In the interests of minimising light pollution and to safeguard the amenities of the locality in accordance with policies SP30, QD02 and SE08 of the Local Plan and the guidance of the National Planning Policy Framework 

 

30  Prior to the construction of any external surfaces 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.   These shall include the installation of bat and bird nesting boxes along with the installation of generous native planting where possible.  The approved details shall be provided prior to the first occupation of the development hereby permitted and thereafter permanently retained. 

 

GROUND;

To enhance biodiversity in accordance with policy SP30 and paragraph 180 of the National Planning Policy Framework.

 

31  Prior to the first occupation of the development hereby approved,  and notwithstanding the landscape details as shown on drawing numbered AL-111 Rev D, 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 seating areas for the retirement flats

 

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

 

32  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

 

33  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 and policy CC02 of the Thanet Local Plan.

 

34  Where infiltration is to be used to manage the surface water from the development hereby permitted, it will only be allowed within those parts of the site where information is submitted to demonstrate to the Local Planning Authority's satisfaction that there is no resultant unacceptable risk to controlled waters and/or ground stability. The development shall only then be carried out in accordance with the approved details.

 

GROUND;

To protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework and policy CC02 of the Thanet Local Plan.

 

35  The development hereby approved shall be carried out in accordance with the ecology measures detailed on landscaping plan AL-111 Rev D. All measures shall thereafter be retained.

 

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.

 

36  The first floor windows in the west elevation of the retirement flats 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.

 

37  No deliveries for the use of the shop premises hereby approved shall take place between the hours of 11pm and 7am.

 

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.’

 

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

 

Supporting documents: