Agenda item

PROPOSAL: Outline application for the erection of 4No detached 4 bed dwellings including access, layout and landscaping.

 

Mrs Garfield 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 to officers for approval subject to the following conditions:

 

1.  Approval of the details of the scale and appearance of any buildings to be erected (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.  To assess and mitigate the impacts of development on significant archaeological remains:

 

A.  Prior to any development works the applicant (or their agents or successors in title) shall secure and have reported a programme of archaeological field evaluation works, in accordance with a specification and written timetable which has been submitted to and approved by the local planning authority.

B.  Following completion of archaeological evaluation works, no development shall take place until the applicant or their agents or successors in title, has secured the implementation of 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.

C.  Any agreed archaeological safeguarding measures, investigation and recording shall be carried out in accordance with the agreed specification and timetable.

D.  Within 6 months of the completion of any agreed archaeological works a Post-Excavation Assessment Report shall be submitted to and approved in writing by the local planning authority. The Post-Excavation Assessment Report shall be in accordance with Kent County Council's requirements and include:

a)  a description and assessment of the results of all archaeological investigations that have been undertaken in that part (or parts) of the development;

b)  an Updated Project Design outlining measures to analyse and publish the findings of the archaeological investigations, together with an implementation strategy and timetable for the same;

c)  a scheme detailing the arrangements for providing and maintaining an archaeological site archive and its deposition following completion.

E.  The measures outlined in the Post-Excavation Assessment Report shall be implemented in full and in accordance with the agreed timings.

 

GROUND:

To ensure that features of archaeological interest are properly examined and recorded in accordance with policies in the Local Plan and the National Planning Policy Framework.

 

6.  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.

 

7.  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:

a.  A survey of the extent, scale and nature of contamination;

b.  An assessment of the potential risks to:

  i.  Human health;

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

  iii.  Adjoining land;

  iv.  Ground waters and surface waters;

  v.  Ecological systems;

c.  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 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.

 

8.  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.

 

9.  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.

 

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

 

GROUND:

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

 

11.The area shown on the approved plan numbered (2-)02 Rev B 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

 

12.Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. (2-)02 Rev B 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.

 

13.Prior to the commencement of any development on site, details to include the precautionary mitigation measures for bats, badgers, hedgehogs, and nesting birds set out in Section 11 of the Ecological Impact Assessment, along with the following, shall be submitted to, and approved in writing 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.

 

14.Prior to the first use of the site hereby permitted, the vehicular access and associated vehicle crossing point onto the highway, as shown on the approved plan numbered (2-)02 Rev B should be completed and made operational.

 

GROUND:

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

 

15.The gradient of the access hereby approved shall be no steeper than 1 in 10 for the first 1.5 metres from the highway boundary and no steeper than 1 in 8 thereafter.

 

GROUND:

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

 

16.Prior to the first occupation of the development hereby approved, visibility splays of 2.4m x 33m to the west, and 2.4m x 30m to the east, shall be provided to the access on to Tivoli Park Avenue as shown on the approved plan no. (2-)02 Rev B, 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.

 

17.Prior to the first occupation of the development hereby permitted, a pedestrian footway into the site, as shown on the approved plan numbered (2-)02 Rev B, shall be provided and thereafter maintained.

 

GROUND:

In the interest of pedestrian safety, in accordance with the advice contained within the NPPF.

 

18.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 SE05 of the Thanet Local Plan and the advice as contained within the NPPF.

 

19.Prior to the commencement of development hereby permitted, a Method Statement for the removal of the existing abutment wall structure and construction of any slope abutting the highway, shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved method statement.

 

GROUND:

In the interests of highway safety.

 

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

a.  species, size and location of new trees, shrubs, hedges and grassed areas to be planted (which shall be based upon the landscape strategy numbered 0132/21/B/1A, and shall include a minimum of 6no. replacement trees);

b.  the treatment proposed for all hard surfaced areas beyond the limits of the highway (which shall be based upon the landscape strategy numbered 0132/21/B/1A);

c.  walls, fences, other means of enclosure proposed;

d.  ecological enhancements to be provided within the site (which shall be based upon the landscape strategy numbered 0132/21/B/1A, and the ecological enhancements set out within section 12 of the Ecological Impact Assessment;

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.

 

21.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.

 

22.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.

 

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 in the location shown on the submitted tree protection plan numbered L875TPP. 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 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

d.  Follows the precautionary mitigation measures set out in Section 11 of the Ecological Impact Assessment, and the recommendations within the Bat Conservation Trust's Bats and Lighting in the UK guidance.

 

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.

 

25.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.

 

26.The development hereby approved shall be carried out in accordance with the submitted drawings numbered (2-)02 Rev B, received 08 January 2024.

 

GROUND:

To secure the proper development of the area.

 

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

 

Councillor Rusecki proposed and Councillor Albon seconded that the application be REFUSED for the following reasons:

 

1.  The proposed development, if permitted, would result in harm to, and loss of, protected trees (whilst creating future pressure for the removal of, or significant works to, existing protected trees) within the site. The proposal would also result in the loss of open space, which contributes to the visual amenities and character of the surrounding area. The cumulative impact of this loss will result in severe harm to the character and appearance of the area, which is not outweighed by the benefits of the proposal, contrary to Policy QD02 of the Thanet Local Plan, and paragraphs 135 and 136 of the National Planning Policy Framework.

 

2.  The proposed development will result in increased recreational pressure on the Thanet Coast and Sandwich Bay Special Protection Area (SPA), and Sandwich Bay and Hacklinge Marshes Site of Special Scientific Interest (SSSI), and in the absence of an acceptable form of mitigation to relieve the pressure, the proposed development would be contrary to Policy SP29 of the Thanet Local Plan, Paragraphs 180, 180 and 181 of the National Planning Policy Framework and the Conservation of Habitats and Species Regulations 2017 (as amended).

 

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

 

Councillor Everitt recused himself from the Council Chamber, ahead of the next item.