Agenda item

D02 OL/TH/21/0774 Former British Gas Site, Northdown Road, Broadstairs

Minutes:

PROPOSAL: Outline application for 65no. dwellings with consideration of access and layout, and other matters reserved.

 

The chair advised that Ms Culligan, Director of Law and Democracy at Thanet District Council, wished for it to be noted, for the purposes of transparency, that Mr Goddard, who would be speaking on the application as a Local Planning consultant, was her husband.  This had been recorded in the Officer Register of Interests.

 

Mr Goddard spoke in favour of the application.

 

Ms Sutton raised points of concern.

 

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

 

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

 

That the application be DEFERRED and DELEGATED for approval subject to the submission of a signed legal agreement securing the financial contributions and obligations as set out within the Heads of Terms of the report, within the 6 months of any resolution, and subject to the following conditions:

 

1  Approval of the details of the 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 drawings numbered L597_P(0)600 Rev 12 dated 7th June 2022.

 

GROUND;

To secure the proper development of the area.

 

 6  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.

 

 7  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; 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. ( Note: the submitted PRA report would fulfil this requirements, but as development may be undertaken by other parties who may not have rights to the report, this element of the condition should be retained until the full condition can be discharged)

 

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 LPA. The scheme shall be implemented as approved.

 

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 line with paragraph 174 of the National Planning Policy Framework (NPPF).

 

 8  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 are met.

 

GROUND:

To ensure that the proposed site investigation, remediation and development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

 9  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.

 

10  No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

GROUND:

To ensure that the proposed site investigation, remediation and 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.

 

11  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 proposed site investigation, remediation and 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  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 be based upon the principles contained within the Drainage Impact Assessment (18/11/2021- Issue 2.1).

 

The submission shall also demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site.

 

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

- that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution 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

 

13  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

 

14  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.

 

15  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.

 

16  No works shall take place until the off-site highway works, including the road widening and build out, as shown on approved drawing no. 5365 / 003 Rev D, has been completed and made operational.

 

GROUND:

In the interests of highway safety and to mitigate any adverse transport impact in accordance with Policy TP01 of the Thanet Local Plan and the advice contained within the NPPF.

 

17  No works shall take place until the vehicular access into the site, as shown on approved drawing no. 5365 / 003 Rev D, has been completed and made operational.

 

GROUND:

In the interests of highway safety and to mitigate any adverse transport impact in accordance with Policy TP01 of the Thanet Local Plan and the advice contained within the NPPF.

 

18  Prior to the first occupation of the development hereby approved visibility splays of 2.4m x 40m shall be provided to the access on to Northdown Road as shown on the approved plan no 5365 / 003 Rev D 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.

 

19  Prior to the first occupation of the development hereby permitted, visibility splays of 2.4m x 25m in either direction at junctions onto the access road (with no obstructions over 1m above carriageway level), 18m forward visibility on all bends (with no obstructions over 1m above carriageway level), and 1m x 1m pedestrian visibility splays to each private access (with no obstructions over 0.6m from carriageway level), shall be provided as shown on the approved plan numbered L597_P(0)600 Rev 12 and thereafter maintained.

 

GROUND

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

 

20  Prior to the first occupation of the development hereby permitted, the pedestrian crossing points on both Northdown Road and within the access to the site, shall be provided and thereafter maintained in accordance with the approved plan numbered 5365 / 003 Rev D.

 

GROUND

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

 

21  The area shown on the approved plan numbered L597_P(0)600 Rev 12 for vehicle parking and manoeuvring areas, shall be kept available for such use at all times and such land and access thereto shall be provided prior to the first occupation of the dwelling hereby permitted.

 

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

 

22  Prior to the first occupation of the development hereby permitted details of the cycle parking, which shall be in the form of one space per bedroom (dwelling) and one space per flat 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

 

23  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

 

24  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. .

 

25  Prior to the first use of the site the vehicle loading/unloading and turning facilities shown on the submitted plan numbers L597_P(0)600 Rev 12 shall be provided and permanently retained. 

 

GROUND

In the interests of highway safety, in accordance with Policy TP08 of the Thanet Local Plan.

 

26  The applicant shall use best endeavours through a Traffic Regulation Order to establish the provision of double yellow lines, where necessary, to achieve adequate visibility to the pedestrian crossing points.

 

GROUND:

In the interests of pedestrian safety, in accordance with the NPPF.

 

27  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.

 

28  Details to be submitted pursuant to Condition 1 above shall include the provision of an ecological enhancement plan demonstrating how the site will enhance biodiversity. The plan must demonstrate that ecological enhancement features (including integrated features) and native species will be incorporated into the site. The detailed site layout plans must

demonstrate that the ecological enhancements can be incorporated into the site. The development shall be carried out in accordance with the approved ecological enhancement plan, with the measures thereafter maintained.

 

GROUND:

To make a positive contribution to biodiversity, in accordance with Policy SP30 of the Thanet Local Plan, and the advice as contained within the NPPF.

 

29  Prior to works commencing on site (including vegetation clearance) a habitat creation plan and management plan to mitigate for the loss of the Open Mosaic Habitat within the previously developed land shall be submitted to, and approved in writing by, the Local Planning Authority. The plan shall include the following:

 

o Updated botanical survey

o Overview of the mitigation and habitat creation to be implemented

o Detailed methodology to implement the mitigation and habitat creation.

o Map showing the location of the receptor site and the donor site

o Timings of the proposed works.

o Details of who will be implementing the works

o Details of any measures to be implemented to avoid a breach of wildlife legislation.

o Details of how the site will be managed while the habitat will be established.

o Long term management plan for the site.

 

No works shall be carried out until the plan has been approved and implemented and the site released by the ecologist. The plan must be implemented as approved.

 

GROUND:

In order to limit the impact upon habitats, in accordance with Policy SP30 of the Thanet Local Plan and the advice as contained within the NPPF.

 

30  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 in accordance with the tree protection plan numbered 5662-LLB-XX-XX-DR-Ab-0002 Rev P03. 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.

 

31  Details to be submitted pursuant to Condition 1 above for landscaping shall show low level planting only (in addition to drainage provision) within the area annotated as 'compensatory land' on the approved plan numbered L597_P(0)600 Rev 12.

 

GROUND:

To protect the open character of the green wedge and landscape character area, in accordance with Policies SP25 and SP26 of the Thanet Local Plan.

 

32  The details to be submitted pursuant to Condition 1 above for landscaping shall show a landscape buffer zone, of a minimum width of 5m, along the north western and south western boundaries of the site, as shown on the approved plan numbered L597_P(0)600 Rev 12. The landscape buffer zone shall include both retained trees and new tree planting, as illustrated on the approved site plan, and shall thereafter be maintained as amenity space outside of the curtilage of any individual property.

 

GROUND:

To mitigate the impact upon the green wedge and landscape character area, in accordance with Policies SP25 and SP26 of the Thanet Local Plan.

 

33  The details to be submitted pursuant to Condition 1 above for landscaping shall include:

- retained trees and proposed tree planting, as indicated on the approved plan numbered L597_P(0)600 Rev 12;

- the layout of the informal open space and formal play space;

- details of the planting around the substation, which shall be of a height to provide adequate screening;

- secure doorstep playspace to serve the flats;

- details of the hard surfacing;

- details including a schedule and specification of play equipment, surfacing and fencing, to be provided within the formal play area (to include a minimum of five pieces of equipment). 

 

The equipped play area shall be provided prior to the first occupation of the development and in accordance with the approved details.

 

GROUND:

In the interests of visual amenity and to provide suitable doorstep playspace and open/play space to serve the development, in accordance with Policies QD02 and GI04 of the Thanet Local Plan.

 

34  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

 

35  Prior to the first use of the vehicular access hereby permitted, a 2m high fence shall be installed along the boundary with no. 70A Northdown Road, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.

 

GROUND:

To limit noise and disturbance for neighbouring occupiers, in accordance with Policy QD03 of the Thanet Local Plan.

 

 

36  Details to be submitted pursuant to condition 1 above for landscaping shall include an Air Quality Assessment in accordance with Defra's Technical Guidance LAQM TG(16) and an emissions mitigation assessment in accordance with Thanet District Council's Air Quality Technical Planning Guidance shall be submitted and approved in writing by the Local Planning Authority. The assessment shall also include the assessment of PM2.5 and cumulative impacts of any permitted major development. The air quality assessment shall include details of any scheme necessary for the mitigation of poor air quality affecting the residential amenity of this development. The emissions mitigation assessment shall include a damage cost assessment that uses the DEFRA emissions factor toolkit and should include details of mitigation to be included in the development which will reduce the emissions from the development during construction and when in operation. All works, which form part of the approved scheme, shall be completed prior to the first occupation of the development, and shall thereafter be maintained 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

 

37  Details to be submitted pursuant to condition 1 above for landscaping shall include an air quality Emissions Statement that provides details of how the air quality damage costs, as calculated within the Emission Mitigation Assessment, are to be used to achieve air quality improvements through the development. 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

 

38  The mitigation measures as recommended in Section 4.0 of the Railway Noise Assessment report dated April 2021 submitted as part of the application shall be implemented in full prior to the first occupation of the relevant residential properties referred to at 4.1 and 4.8 of the report.

 

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.

 

41  Details pursuant to condition 1 shall include an acoustic assessment, including an analysis of background noise from the operation of commercial properties to the north and east of the site, with mitigation measures as required integrated into the detailed design of the residential dwellings adjacent to the northern boundary of the site.

 

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

 

42  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.

 

43  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.

 

44  Details to be submitted in pursuant of condition 1 above shall include the refuse storage facilities, clothes drying facilities, and cycle storage for the flat blocks.

 

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.

 

45  Details to be submitted pursuant to condition 1 above for design shall show all units in compliance with the Nationally Described Space Standards as set out within Policy QD04 of the Thanet Local Plan; and the location of the accessible and adaptable accommodation to be 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

 

46  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.’

 

Following debate the Chair and Vice Chair agreed to amend their motion as follows:

 

‘That the application be DEFERRED and DELEGATED subject to conditions, including the addition of a requirement in condition 16 for a safety audit on the proposed site access, to be submitted to the Local Planning Authority, and receipt of legal agreement within 6 months.’

 

 

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

 

Supporting documents: