Agenda item

Agenda item

D05 F/TH/22/0364 - Gore End Farm, Minnis Road, Birchington, Kent, CT7 9SJ

Meeting of Planning Committee, Wednesday, 15th February, 2023 7.00 pm (Item 4e)

Minutes:

Proposal: Erection of 4No dwellings (3No 3-bed and 1No 4-bed), conversion of the cow shed to 1No. 3-bed dwelling and threshing barn into 2No dwellings (1No 3-bed and 1No 5-bed) together with hard and soft landscaping and associated works.

Mr John Wotton spoke in favour of the application.

Councillor Kup spoke against the application under council rule 20.1.

Councillor Fellows also spoke against the application.

The Planning Officer gave an outline of the report recommending approval of the development.

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 development hereby approved shall be carried out in accordance with the submitted drawings numbered 29973A_200 Rev J, 29973A_210 Rev C, 29973A_211 Rev B, 29973A_220 Rev D, 29973A-221 Rev C, 29973A_222 Rev C, 29973A_225 Rev B, 22973A_230 Rev C, 29973A_231 Rev C, 29973A_240 Rev C, 24073A_241 Rev B, 29973A_250 Rev B, 29973A_251 Rev A, 29973A_275 Rev A and 2104190-002 Rev C.

GROUND:

To secure the proper development of the area.

3. No development shall take place until details of the means of foul and surface water disposal, including details of the implementation, management and maintenance of any proposed Sustainable urban Drainage Systems, 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, and to ensure the development is served by satisfactory arrangements for the disposal of surface water ,in accordance with Policies SE04 and CC02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

4. Prior to the commencement of any development on site, a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include the following details:

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

(b) Parking and turning areas for construction and delivery vehicles and site personnel

(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

(I) Wheel washing

(j) light control measures

(k) Hours of construction

(l) Pollution incident control measures

(m) site contact details

GROUND:

In the interests of highway safety, neighbouring amenity and heritage, in accordance with Policies QD03 and HE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

5. 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 Policies SP14 and SE05 of the Thanet Local Plan and the advice as contained within the National Planning Policy Framework.

6. 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 with 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.

7. The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110 litres/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 110 litres /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

8. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of building recording in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority.

GROUND:

To ensure that historic building features are properly examined and recorded.

9. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:

i. archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and

ii. following on from the evaluation, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority.

GROUND:

To ensure appropriate assessment of the archaeological implications of any development proposals and the subsequent mitigation of adverse impacts through preservation in situ or by record.

10. Prior to vegetation clearance and prior to works on the Tithe barn the ecological mitigation detailed within the reptile survey mitigation strategy (KB Ecology, November 2021) and bat survey and mitigation strategy (KB Ecology, November 2021) must be implemented as detailed. On completion of the mitigation a letter must be submitted to the LPA demonstrating it has been carried out.

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 National Planning Policy Framework.

11. Within 3 months of the completion of the reptile mitigation an ecological management plan for the receptor site (as detailed in reptile survey mitigation strategy (KB Ecology, November 2021)) must be submitted to the LPA for written approval. It must detail how the reptile receptor site will be managed to ensure it remains suitable for reptiles. The plan must be implemented as approved.

GROUND:

12. 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:

i) 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;

ii) 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;

iii) Detail 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:

13. The development hereby permitted shall not be commenced until the following components of a scheme to deal with the risks associated with contamination of the site shall have been submitted to and approved, in writing, by the local planning authority Intrusive Investigation:

a) An intrusive investigation and updated risk assessment shall be undertaken by competent persons and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. It shall include an assessment of the nature and extent of any contamination on the site, whether or not it originates on the site. The report of the findings shall include:

(i) A survey of the extent, scale and nature of contamination;

(ii) An assessment of the potential risks to:

Human health;

Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

Adjoining land;

Ground waters and surface waters;

Ecological systems;

(iii) An appraisal of remedial options and identification of the preferred option(s). All work pursuant to this Condition shall be conducted in accordance with the DEFRA and Environment Agency document Model Procedures for the Management of Land Contamination (Contamination Report 11).

b) If investigation and risk assessment shows that remediation is necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme shall include details of all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works, site management procedures and a verification plan. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme shall be carried out in accordance with the approved terms including the timetable, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.

c) Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation scheme 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. It shall also include details of longer term monitoring of pollutant linkages and maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

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. 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:

15. The areas shown on the approved plans for vehicle parking, carports 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 any dwelling served by the areas 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 National Planning Policy Framework.

16. Prior to the first occupation of the development hereby approved the visibility splays shown on drawing 2104190-002 Rev C shall be provided and thereafter retained with no obstructions over 0.6 metres above carriageway level within the splays.

GROUND:

In the interest of highway safety in accordance with the advice contained within the National Planning Policy Framework.

17. Prior to the first occupation of any dwelling hereby approved, the vehicular access, signal equipment and pedestrian crossing point (dropped kerb and tactile paving) on the footway shown on drawing 2104190-002 Rev C shall be constructed and fully operational and shall thereafter retained.

GROUND:

In the interests of highway safety, in accordance with the advice contained within the National Planning Policy Framework.

18. Prior to the first occupation of any dwelling hereby approved, the following works between the respective dwelling and the adopted highway shall be complete:

(a) Footways and/or footpaths, with the exception of the wearing course;

(b) Carriageways, 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 National Planning Policy Framework.

19 Prior to the first occupation of the development hereby approved, the redundant vehicle crossing to Minnis Road shall be removed and landscaping reinstated in accordance with the specifications set out in the Kent Design Guide.

GROUND:

In the interests of highway safety and visual amenity in accordance with Policy QD02 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

20. Prior to the first occupation of any dwelling hereby approved, the secure cycle parking facilities, as shown on approved drawings shall be provided for each respective dwelling and thereafter maintained.

GROUND:

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

21. 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 and visual amenity in accordance with Policy QD02 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

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

GROUND:

In the interests of highway safety and visual amenity in accordance with Policy QD02 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

23. Prior to the first occupation of any dwelling hereby approved units the bin storage/collection point to serve the dwellings shall be provided and thereafter retained.

GROUND:

24. Prior to the installation of the rainwater goods, details including the material and a sectional profile shall be submitted to and approved in writing by the Local Planning Authority. The rainwater goods shall be installed in accordance with the approved details.

GROUND:

To safeguard the architectural and historic importance of the listed building and its setting in accordance with Policy HE03 of the Thanet Local Plan and the advice as contained within the National Planning Policy Framework.

25. Prior to the construction of the external surfaces of the development hereby approved samples of the materials to be used, including roof tiles, slates and brickwork, 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:

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

GROUND:

27. No external walls shall be constructed or rebuilt for the cow shed until a minimum of 1 m square sample panel of flint for the extension to the cow shed demonstrating the colour, texture, face bond and pointing has been erected on site, and inspected and approved, in writing by, the Local Planning Authority. The development shall be completed in accordance with the approved details.

GROUND:

28. All new window and door openings shall be set within a reveal of not less than 100mm.

GROUND:

29. Prior to the installation of all external meter boxes/cupboards details of materials and design of the meter cupboards shall be submitted to and approved in writing by the Local Planning Authority and installed accordingly.

GROUND:

30. The development shall be carried out in full compliance with all identified measures for tree protection during construction detailed within the Arboricultural Tree Survey and Impact Assessment Report unless otherwise agreed in writing by the Local Planning Authority.

GROUND:

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

31. 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. These details will be based on the details shown on the landscape Strategy Plan 29973A_270 Rev B.

GROUND:

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. 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.

34. No further alterations, extensions, alterations/additions to the roof, porches, outbuildings, hard surfacing, chimney/flues or microwave antenna shall be carried out to the dwellings hereby approved whether approved by Schedule 2, Part 1, Classes A, B, C, D, E, F, G or H of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), without the prior permission in writing of the Local Planning Authority.

GROUND:

To safeguard the architectural and historic importance of the listed buildings and its setting and the visual amenities of the area in accordance with Policies HE03 and QD02 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

35. No means of enclosure shall be permitted to be constructed on the site or for the dwellings, excluding the approved boundary treatments within condition 31 hereby approved, whether approved by Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), without the prior permission in writing of the Local Planning Authority.

GROUND:

The Chair moved that the Planning Officer’s recommendation as detailed in the committee report be adopted. This was seconded by the Vice-Chair.

Upon being put for a vote, the motion was LOST.

Following committee debate and further discussions, Councillor Garner proposed, Councillor Crittenden seconded and Members AGREED that a site visit to look at the archaeology and drainage and potential impact on biodiversity be conducted.

Supporting documents:

D05 Gore, item 4e PDF 287 KB