Agenda item

D11 F/TH/21/0671 - Land to the North of Fairlawn Road and the West of Northwood Road, Broadstairs

Minutes:

PROPOSAL: Erection of 4no. 1-bed flats, 4no. 2-bed dwellings, 8no 3-bed dwellings, and 17no 4-bed dwellings (single to 3-storey in height), and erection of part 2-storey, part 3-storey detached building accommodating 4no. 2-bed flats and 1no. 3-bed flat, together with associated access, parking and landscaping, following demolition of existing structures.

 

Ms Coles spoke in favour of the application.

 

Mr Smith spoke against the application.

 

Mrs Bennett-Goodman 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 deferred and delegated for approval subject to the receipt of an acceptable legal agreement securing the required heads of terms and 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 drawings numbered 454-PLN-287 Rev B, 454-PLN- 285 Rev C, 454-PLN-212 Rev D, and 454-PLN-210 Rev D, received 19 October 2023; and revised plans numbered 454-PLN-201 Rev C, 454-PLN-211 Rev C, 454-PLN-250 Rev G, 454-PLN-253, 454-PLN-254, 454-PLN-255 Rev G, 454-PLN-260 Rev D, 454-PLN-265 Rev H, 454-PLN-270 Rev F, 454-PLN-280 Rev B, 454-PLN-286 Rev B, 454-PLN-297 Rev A, 454-PLN-298 Rev A, and 5699-LLB-XX-XX-DR-L-0002 rev P03, and 1900 Rev P02, received 04 October 2023.

 

GROUND:

To secure the proper development of the area.

 

3)  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.

 

4)  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 in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within National Planning Policy Framework.

 

5)  Development shall not begin 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 due consideration has first been given to the possibility of utilising infiltration techniques and 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. Should the use of infiltration prove to beyond being reasonable practical then any surface water leaving site shall not exceed a discharge rate of 2l/s for all rainfall events, in line with proposals set out within the Flood Risk Assessment and Drainage Strategy Report (21/09/2023- Revision P04). 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.

 

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.

 

6)  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.

 

7)  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.

 

8)  Prior to the commencement of any development on site, a construction management plan to include the dust mitigation measures set out in Section 6 - Table 9 of the Air Quality Mitigation Statement dated April 2023 by Lustre Consulting, and the following, shall be submitted to and approved by the Local Planning Authority.

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)  Access arrangements

 

Construction works shall 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 NPPF.

 

9)  The area shown on the approved plan numbered 454-A-PLN-212 Rev D 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.

 

10)Prior to the first occupation of the site hereby permitted, the vehicular access as shown on the approved plan numbered 454-A-PLN-212 Rev D should be completed and made operational.

 

GROUND:

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

 

11)Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. 454-A-PLN-212 Rev D 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.

 

12)Prior to the first occupation of the development hereby approved, visibility splays of 2.4m x 43m shall be provided to the access on to Northwood Road, as shown on the approved plan no. 1900 Rev P01, with no obstructions over 0.6m 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.

 

13)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 of the Thanet Local Plan and the advice as contained within the NPPF.

 

14)Prior to the first occupation of the development hereby granted, a Travel Plan and a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The agreed programme shall thereafter be implemented in full.

 

GROUND:

To facilitate the use of alternative means of transport in accordance with Policies TP01, SP43, and SE05 of the Thanet Local Plan, and the advice contained within the NPPF.

 

15)Prior to the commencement of the development hereby approved, an Acoustic Design Statement in accordance with ProPG Planning & Noise 2017 scheme to demonstrate that the internal noise levels within the residential units plots 9-20. and the external noise levels within their back gardens and other relevant amenity areas will conform to the standard identified by BS 8233 2014, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. The work specified in the approved scheme 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 amenity for future occupiers in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF.

 

16)The development hereby permitted shall be constructed and occupied in accordance with the proposed mitigation measures for emissions identified within section 6.2 of the Air Quality Mitigation Statement, dated April 2023 by Lustre Consulting, to off-set against the damage cost calculation set out within section 5.1 of the report, in order to achieve air quality improvements through the development.

 

GROUND:

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

 

17)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.

 

18)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.

 

19)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.

 

20)Unit nos. 14, 19, 34 and 35 shall be built in compliance with building regulation part M4(2) accessible and adaptable dwellings, as shown on plan numbered 454-A-PLN-210 Rev D.

 

GROUND:

To provide accessible accommodation in accordance with Policy QD05 of the Thanet Local Plan.

 

21)The refuse storage facilities for the self-contained flats shall be provided prior to the first occupation of the associated flat, as shown on plan numbered 454-A-PLN-212 Rev D hereby approved and shall be kept available for that use at all times.

 

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.

 

22)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.

 

23)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 below the outer most limit of the branch spread or at a distance equal to half the height of the tree, whichever is the furthest from the tree, unless otherwise agreed in writing with the Local Planning Authority. 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.

 

24)Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, which shall accord with the principles of the approved landscape masterplan numbered 5699-LLB-XX-XX-DR-L-0002 rev P03, and include the following:

 

·  species, size and location of new trees, shrubs, hedges and grassed areas to be planted, (which shall include a minimum of 60no. new trees including street and native woodland trees),

·  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 NPPF.

 

25)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.

 

26)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.

 

27)Prior to commencement of works (including site clearance), an Ecological Design Strategy (EDS) will be submitted to, and approved by, the local planning authority. The EDS shall demonstrate how proposals mitigate, compensate and enhance biodiversity during construction and operation. The EDS shall include the following:

·  Purpose and biodiversity objectives for the proposed works;

·  Review of site potential and constraints;

·  Detailed design(s)/planting schedules, and/or working method(s) to achieve stated objectives;

·  Show how and where external lighting will be installed (through the provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb bat activity;

·  Extent and location/area of proposed works on appropriate scale maps and plans;

·  Type and source of materials to be used where appropriate, e.g., native species of local provenance;

·  Timetable for implementation demonstrating that works are aligned with the proposed phasing of development where relevant;

·  Persons responsible for implementing the works;

·  Details of initial aftercare and long-term maintenance, and;

·  Details for monitoring and remedial measures.

 

The EDS shall be implemented in accordance with the approved details and all features shall be retained thereafter.

 

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.

 

28)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.

 

29)No further alterations to the roof or insertion of window openings to unit nos. 1-9 and 29-33, whether approved by Classes A, B or C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out without the prior permission in writing of the Local Planning Authority.

 

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.

 

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

 

As a result of the declaration of interest made by Councillor Rattigan for an item on the reserve list, he recused himself from the meeting at this point and left the Council Chamber. Before he left the Chair asked if there was any item on the reserved list he wanted to call in. Councillor Rattigan confirmed there was nothing he wanted to call in.

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