Agenda item

PROPOSAL: Erection of single storey building comprising 3no. mixed use retail/cafe units (Use Classe E), provision of 2no. lorry bays and parking, together with associated landscaping.

 

It was proposed by Councillor Albon and seconded by Councillor Rusiecki:

 

THAT the officer’s recommendation be adopted, namely:

 

That the application be approved subject to the following 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 proposed development shall be carried out in accordance with the submitted application as amended by the revised plan numbered 1068-1a, received 09 June 2023; 23051/02 Rev A, and 23051/11 Rev A, received 04 August 2023; and 1068-3A Rev B, received 22 March 2023.

 

GROUND:

To secure the proper development of the area.

 

3.  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.

 

4.  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 protect vulnerable groundwater resources in accordance with Policy SE04 of the Thanet Local Plan, and the advice contained within the National Planning Policy Framework.

 

5.  Prior to the commencement of the development 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 the Archaeological Strip, Map and Sample Excavation Report, Compiled by Canterbury Archaeological Trust Ltd, Dated October 2022.

 

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.  Prior to the first use 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 adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan.

 

7.  All hard and soft landscape works, including ecological enhancement features, shall be carried out in accordance with the approved details. The works shall be carried out prior to the first occupation/use of any part of the development, or in accordance with a programme of works to be agreed in writing with the Local Planning Authority. Following completion of the landscape and enhancement works, photographic evidence of implementation shall be submitted to and approved in writing by the Local Planning Authority in order to verify the works have been completed in accordance with the approved plans, and to enable the full discharge of this condition. 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 as those originally planted, unless written approval to any variation is provided by the Local Planning Authority. All ecological enhancement features shall thereafter be maintained.

 

GROUND:

In the interests of the visual amenities of the area, biodiversity enhancement, and to adequately integrate the development into the environment in accordance with Policies QD02, SP30 and GI04 of the Thanet Local Plan.

 

8.  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.

 

9.  Prior to the first use of the development hereby permitted, details of the establishment and management of the living wall shall be submitted to, and approved in writing by, the Local Planning Authority. The plan should detail how the living wall will be established and managed in the long term. The living wall, as approved, shall be provided prior to the first use of the development, and maintained in accordance with the approved plan.

 

GROUND:

In the interests of visual amenity and to limit the impact upon the countryside and landscape character area, in accordance with Policies QD02, SP24 and SP26 of the Thanet Local Plan.

 

10.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.

 

11.Prior to the first use of the retail/cafe units hereby permitted, the 2no. lorry parking spaces as shown on the approved plan numbered 1068-1a, shall be provided and made operational. The lorry parking spaces shall thereafter be maintained.

 

GROUND:

To retain lorry parking spaces for which there is a current need, in accordance with highway safety.

 

12.Prior to the first use of the development hereby permitted, details of the road signage and markings directing vehicle movements in and around the site, as indicated on plan numbered 23051/02 Rev A, shall be submitted to, and approved in writing by, the Local Planning Authority. The signage shall be installed and the road markings provided in accordance with the approved details, and prior to the first use of the development.

 

GROUND:

In the interests of highway safety.

 

13.Prior to the first occupation of the development hereby approved, details of the design of the 4no. electric vehicle charging points to be provided within the site, along with their location, shall be submitted to, and approved in writing by, the Local Planning Authority, and thereafter implemented and maintained in good working order as approved.

 

GROUND:

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

 

14.Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. 1068-1a (for 4no. bikes) 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.

 

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.Prior to the first use of the retail/cafe units hereby permitted, details of the location of the 4no. parking spaces to be made available for general public use shall be submitted to and approved in writing by the Local Planning Authority. The parking spaces identified on the approved plans shall be made available for general public use prior to the first use of the development in accordance with the approved details, and not restricted to use by patrons of the proposed units hereby permitted.

 

GROUND:

In the interests of highway safety.

 

17.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 NPPF.

 

18.The development hereby approved shall be used as a mixed use retail and cafe use (use classes E(a) and (b)) 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 (outside of those permitted above), 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 as an acceptable departure from Policy E05 of the Thanet Local Plan.

 

19.Prior to the construction of the external surfaces of the development hereby approved samples the materials to be used in the construction of the building(s) 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.

 

20.Prior to the first use of the development hereby permitted, refuse storage shall be provided in the location as shown on the approved plan numbered 1068-1a, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority. The refuse storage facilities, along with the 'keep clear' hatchings and access way required to serve the collection, as shown on plan numbered 23051/11 Rev A, shall be provided prior to the first use of the development, and thereafter maintained.

 

GROUND:

In the interests of visual amenity, and to provide a satisfactory refuse collection to serve the development, in accordance with Policy QD02 of the Thanet Local Plan.

 

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