Agenda item

PROPOSAL: Outline application for the erection of 58 light industrial units (Use Class E(g)) and associated parking including access, appearance, layout and scale.

 

Mr Hodgman spoke against the application.

 

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

 

THAT the officer’s recommendation be adopted, namely:

 

That the application be approved subject to the following conditions:

 

1 – Approval of the details of 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 (for access, appearance, layout and scale) with the submitted application as amended by the revised plans numbered 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13 and 15 received 23 December 2021, 20 received 16 August 2022, 17 Rev B, 18 Rev B and 19 Rev B received 20 October 2022 and and 01 Rev E, 22 and J7/01043 received 16 February 2023.

 

GROUND:

To secure the proper development of the area.

 

6 – No development shall take place 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 Flood Risk Assessment prepared by BJB dated May 2016 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 that silt and pollutants resulting from the site use and construction can be adequately managed to ensure there is no pollution risk to receiving waters and 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.

 

7 – No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report for that phase, 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.

 

8 – Details pursuant to condition 1 (landscaping) shall show a permeable material for all hard surface areas to be created within the site.

 

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.

 

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

 

10 – No development shall commence until a site characterisation and remediation scheme has been submitted to and approved in writing by the Local Planning Authority and the remediation scheme has been implemented in accordance with the approved details. The site characterisation, remediation scheme and implementation of the approved remediation scheme shall be carried out in accordance with the following criteria (a) Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and 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, and shall include:

 

·  A survey of the extent, scale and nature of contamination

·  An assessment of the potential risks to

·  Human health

·  Property

·  Adjoining land

·  Groundwaters and surface waters

·  Ecological system

·  An appraisal of remedial options and a recommendation of the preferred options

 

The site characterisation report shall be conducted in accordance with British Standards and current DEFRA and Environment Agency best practice.(b) Submission of remediation scheme 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 must be prepared, and shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme shall ensure that the site cannot be considered as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.(c) Implementation of Approved Remediation Scheme The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of the development other than that required to carry out remediation. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by the Local Planning Authority.

 

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 – No development shall take place until the method of piling foundations has been submitted to and agreed in writing by the Local Planning Authority. Any such piling shall thereafter be undertaken in accordance with the agreed 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.

 

12 – 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.

 

13 – Details pursuant to condition 1 (landscaping) shall include details of, an ecologically-sensitive clearance method of the sparse grassland and open-mosaic habitat on the site.

 

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.

 

14 – Prior to the installation of any external lighting on the development hereby approved, a "lighting design strategy for biodiversity" for the site boundaries shall be 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.

 

15 – Details pursuant to condition 1 (landscaping) shall include full details of ecological enhancements, required to be provided within the site to demonstrate net-gain to biodiversity to include an ecologically sensitive soft landscaping plan where vegetation is retained and enhanced on-site where possible.

 

GROUND:

To ensure the site makes a positive contribution to biodiversity, in accordance with policy SP30 of the Thanet Local Plan, and the advice as contained within the NPPF.

 

16 – 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.

 

17 – Prior to the first occupation IN of the development hereby permitted, all off-site highway works as shown on approved drawing no. 01 Rev C and 17 Rev B received 20 October 2022 unless otherwise agreed in writing by the Local Planning Authority, shall be 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 use of the site the vehicle loading/unloading and turning facilities shown on the submitted plan numbers 01 Rev C, 17 Rev B, 18 Rev B and 19 Rev B received 20 shall be provided and permanently retained.

 

GROUND:

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

 

19 – Prior to the first occupation of the development hereby approved, details of the design of the electric vehicle charging points, to be located as shown on the approved plan numbered 01 Rev C, 17 Rev B, 18 Rev B and 19 Rev B received 20 October 2022 shall be submitted to, and approved in writing by, the Local Planning Authority, and thereafter implemented and maintained as approved.

 

GROUND:

To protect air quality, in accordance with Policy SP14, SP45 and SE05 of the Thanet Local Plan and the advice as contained within the NPPF.

 

19 – Prior to the first use of the development, the secure cycle parking facilities, as shown on approved drawing no. 01 Rev C, 17 Rev B, 18 Rev B and 19 Rev B received 20 shall be provided 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.

20 – The areas shown on the approved plan numbered 01 Rev C, 17 Rev B, 18 Rev B and 19 Rev B received 20 October 2022 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 use of the development 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.

 

20 - The premises hereby approved shall not be used other than between the hours of 0700 to 1800 Monday to Friday and 0900 to 1800 Saturday.

 

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.

 

21 – The development hereby approved shall be used as commercial units falling within Use Class E(g) and for no other purpose including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

GROUND:

To secure the proper development of the area in accordance with Thanet Local Plan Policies E01 and SP05.

 

22 – Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), no development shall take place under Class MA in Schedule 2 Part 3 of that order (or any Order revoking and re-enacting that Order) in relation to the development hereby approved.

 

GROUND:

To secure the proper development of the area in accordance with Thanet Local Plan Policies E01 and SP05, which allocates the allocation site for employment uses only.

 

23 – The development hereby permitted shall be constructed using brick, metal cladding, and glazed blocks, design and access statement received 26 January 2022 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.

 

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

 

It was proposed by the Councillor Albon and seconded by the Councillor Shrubb:

 

Defer to officers and bring back with reasons for refusal next month, and to go back to the applicant following the debate to seek a reduction in the number of units.

 

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