Agenda item

PROPOSAL: Erection of a four storey building with mansard at third floor level to accommodate 5No. commercial units (Use Class E) with associated shopfronts at ground floor level, together with 39 Self contained flats (32No 1-bed , 5No 2-bed and 2No 3- bed). self contained flats together with refuse and cycle stores and external playspace, following demolition of existing buildings.

 

Mr Gerlack spoke in favour of the application

 

Councillor Austin spoke against the application under Council Rule 20.1.

 

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 subject to the following reasons:

 

Defer and delegate to officers for approval subject to the receipt of a signed legal agreement securing the contributions towards the SAMMs project and stated planning obligations within 6 months and the following safeguarding conditions:

 

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 22/488/PL01 Rev D, 22/488/JG/PL02 Rev A1, 22/488/JG/PL03 Rev B1, 22/488/JG/PL04 Rev A1, 22/JG/PL06 Rev A, 22/488/JG/PL07, 22/488/JG/PL08 and 22/488/JG/PL09 Rev B2.

 

GROUND:

To secure the proper development of the area.

 

3 – No development, excluding demolition, 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 demonstrate that best endeavours have been made in reducing surface water contributions to the combined sewer. This submission shall also demonstrate that 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):

·  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. These details and accompanying calculations are required prior to the commencement of the development as they form an intrinsic part of the proposal, the approval of which cannot be disaggregated from the carrying out of the rest of the development.

 

4 – The development hereby permitted shall not 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 that the drainage system constructed is consistent with that which was 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.

 

5 – No development shall take place (excluding demolition) hereby approved, the applicant, or their agents or successors in title, shall secure the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded.

 

The watching brief shall be in accordance with a written programme and specification, which has been submitted to and approved in writing 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.

 

6 – No demolition or development shall commence until a method statement setting out the details and specifications of works to safeguard impact of works in relation to the no. 70 High Street ( in particular its side elevation) have been submitted to and, agreed in writing, by the Local Planning Authority.

 

GROUND:

To preserve the character of the Grade II Listed structure attached to the application site in accordance with Policy HE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

7 – Prior to the construction of the external surfaces of the development hereby approved, samples of the materials to be used thereon shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples unless otherwise agreed in writing by the Local Planning Authority.

 

GROUND:

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

 

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

 

GROUND:

To secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with Policy HE02 of the Local Plan and advice contained within the National Planning Policy Framework.

 

9 – All new windows and doors to the High Street and George Street elevations shall be timber and prior to the installation of any windows and doors within these elevations, 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:

To secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with Policy HE02 of the Local Plan and advice contained within the National Planning Policy Framework.

 

10 – All new windows and doors to the Meeting Street elevation shall be Heritage UPVC and prior to the installation of any windows and doors within this elevation, details 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:

To secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with Policy HE02 of the Local Plan and advice contained within the National Planning Policy Framework.

 

11 – In the event of the commercial elements of the premises being used for the cooking or preparation of hot food that would require the installation of an extract ventilation system, details of the location, size, type and design of the system shall be submitted to and agreed in writing by the Local Planning Authority. Prior to the commencement of such a use, the extract ventilation system shall be installed in accordance with the approved details.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

12 – Prior to the first use of the premises, details of any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out in accordance with the approved details. The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed Noise Rating Curve NR35 as defined by BS8233 2014 Guidance on Sound Insulation and Noise Reduction for Buildings and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006. The equipment shall be maintained in a condition so that it does not exceed NR35 as described above, whenever it's operating.

 

After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

13 – 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:

To safeguard the special character and appearance of the area as a Conservation Area in accordance with Policy HE02 of the Thanet Local Plan and the advice as contained within the NPPF.

 

14 – 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 secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with Policy HE02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

 

15 – Prior to the installation of any external lighting, full details of the external lighting, including their fittings, illumination levels and spread of light shall be submitted to, and approved in writing by, the Local Planning Authority. The lighting installation shall then be carried out in accordance with the approved details.

 

GROUND:

To ensure that light pollution is minimised in the interest of the visual and residential amenities of the area, in accordance with Policy SE08 of the Thanet Local Plan.

 

16 – 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.

 

17 - 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 litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

 

18 – 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.

 

19 – No fans, louvres, ducts or other similar apparatus shall be installed externally in the building without the prior written approval of the Local Planning Authority.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

20 – Prior to the first use or occupation of the development, the secure cycle parking facilities hereby approved 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.

 

21 - No doors/windows associated with the development hereby approved shall open out over the highway.

 

GROUND:

In the interests of highway safety.

 

22 – Prior to the first occupation of the development hereby permitted, the refuse storage facilities, as shown on approved drawings shall be provided and thereafter maintained.

 

GROUND:

In the interests of residential amenity in accordance with Policies QD02 and QD03 of the Thanet Local Plan.

 

23 – Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include:

 

·  Species, size and location of new trees, shrubs, hedges and grassed areas to be planted

·  The treatment proposed for all hard surfaced areas beyond the limits of the highway

·  Walls, fences, other means of enclosure proposed

·  Ecological enhancements to be provided within the site.

 

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 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.

 

24 – 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.

 

25 – Prior to the commencement of the development hereby approved, details of the construction of the ceilings and floors that separate the (first floor residential units from ground floor commercial units) shall be submitted to and approved by the Local Planning Authority. The ceilings and floors shall resist the transmission of airborne sound such that the weighted standardised difference (DnT, W + Ctr) shall not be less than 53 decibels. The weighted standardised difference (DnT, W) a spectrum adaption term, Ctr, is quoted

according to BS EN ISO 16283-1:2014 Acoustics - Field measurement of sound insulation in buildings and of building elements Part 1: Airborne sound insulation. The work shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

26 – An acoustic assessment of compliance with condition (25) shall be submitted to the Local Planning Authority prior to occupation of the premises hereby permitted. Any further mitigation measures recommended in the assessment to meet the criteria stated within condition (25) shall be submitted in writing for the written approval of the Local Planning Authority within 1 month of the assessment. All works which form part of the approved scheme shall thereafter be implemented in accordance with a timetable to be agreed in writing by the Local Planning Authority and thereafter maintained.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

 

27 – Prior to the commencement of the development a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall be in accordance with BS5228-1:2009+A1:2014: Code of Practice for Noise and Vibration on Construction and Open Sites and IAQM Guidance on the Assessment of dust from demolition and construction 2014; the Plan shall include mitigation measures. The management plan shall also include the following:

(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

 

The development should be carried out in accordance with the approved details.

 

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.

 

28 – The demolition hereby permitted shall not be undertaken before a contract for the carrying out of works of redevelopment of the site has been made for the erection of the building hereby approved.

 

GROUND:

To safeguard the special character and appearance of the area as a Conservation Area in accordance with Policy HE02 of the Thanet Local Plan and the advice as contained within the NPPF.

 

29 – No development, excluding demolition, 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.

 

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