Minutes:
Mixed use urban extension comprising residential use (Class C3), community facilities (Class D1), commercial and employment uses (Class A1-A5, B1 and D2) and associated infrastructure including a new link road, associated alterations to existing junctions and new access arrangements, without compliance with planning conditions 2 and 37 of planning permission F/TH/10/0726 to allow 50 dwellings within phase 1 to be occupied before the completion of highway works within the southern part of the site.
Moved by Councillor Cohen and seconded by Councillor Gregory that:
“the application F/TH/11/0691 be deferred and delegated to the Community Services Manager to approve subject to the completion of a variation to the s106 agreement needed to secure the proposed amendments and subject to the following conditions:
(1) Approval of the details of the layout, scale, appearance, access and landscaping (hereinafter called the Reserved Matters) for any phase as defined in the Phasing Plan (2174/PP2 (2174/047REV7)) received 25th November 2010 and approved as part of this planning permission (or any approved modification of that Phasing Plan) shall be obtained from the Local Planning Authority, in writing, before any development is commenced in relation to such phase of the development.
GROUND:
As no such details have been submitted and the development is to be carried out in phases as described in the application documents (including the Environmental Statement and the addendum to it).
(2) The Reserved Matters and other matters for subsequent approval in relation to this development on this site shall be in accordance with the parameters and principles set out in parameter plans no’s 1 to 7 and 11 received 16th August 2010, parameter plan 8 received 20th June 2011 and parameter plan received 25th November 2010 (listed in Condition 37) and highway works drawings 2002-312/DWP6 Rev 1and 9V9168/PP-01 Rev H received 25th August 2011 listed in condition 37, except where any modifications or variations have been approved, in writing, by the Council (provided that no approval shall be given to any modification or variations that may have significant adverse environmental impacts compared to the scheme as assessed.
GROUND:
The layout of the proposed development is the subject of an Environmental Impact Assessment, and any material alteration to the layout may have an impact that has not been assessed by that process.
(3) The development hereby permitted shall be implemented in accordance with the development phasing plan (2174/PP9 (2174/053Rev 7)) received 25th November 2010 and each phase shall be substantially completed prior to commencement of the following phase, unless otherwise agreed in writing, by the Local Planning Authority, provided that no approval may be given to variations that may have significant adverse environmental impacts compared to the phasing of the scheme as assessed.
GROUND:
To ensure that the phasing of the scheme is substantially in accordance with the development as assessed in the EIA process.
(4) Phase 1 of the development as shown on the development phasing plan (2174/PP9 (2174/053Rev 7) received 25th November 2010, shall be completed in accordance with the details approved pursuant to the reserved matters application reference R/TH/11/0094, as approved 21 April 2011.
GROUND:
To secure the proper development of the area.
(5) Any application for approval of Reserved Matters for each respective phase of the development shall be submitted as follows:
Phase 2 – Before the expiration of 4 years from the date of the original outline planning permission (OL/TH/06/0650) dated 02 April 2008.
Phase 3 – Before the expiration of 5 years from the date of that permission.
Phase 4 – Before the expiration of 6 years from the date of that permission.
Phase 5 – Before the expiration of 7 years from the date of that permission.
GROUND:
In accordance with Section 92(2) of the Town and Country Planning Act 1990.
(6) The development hereby permitted shall be begun before the expiration of two years from the date of approval of the first Reserved Matters Application reference R/TH/11/0094, approved 21 April 2011.
GROUND:
In accordance with Section 92(2) of the Town and Country Planning Act 1990.
(7) Plans and particulars of the Reserved Matters referred to in Condition 1 above shall be submitted, in writing, to the Local Planning Authority, and the development shall be carried out in accordance with any plans approved.
GROUND:
In accordance with Section 92(2) of the Town and Country Planning Act 1990.
(8) The Reserved Matters submissions shall accord with the sustainability principles, design and access principles, and Design Guide contained within the Design, Access and Sustainability Statement submitted in support of the outline planning application, as amended by the Design Guide and Design and Access Principles received 16th August 2010 and 30th September 2010 respectively, except where variations from these principles and the Design Guide are justified in Design and Access Statements to be submitted in support of each Reserve Matters submission, which shall be agreed, in writing, by the Local Planning Authority, and will be approved by the Council only if they are unlikely to have any significant adverse environmental impacts.
GROUND:
In the interests of achieving a sustainable development that integrates well into its environment, in accordance with Policy D1 of the Thanet Local Plan.
(9) Details submitted pursuant to condition 1, for each development phase, shall include landscape plans, the details of which shall be in accordance with the Landscape and Ecology Strategy received on 8th February 2011 and approved by the Council on 21 April 2011.
GROUND:
In the interests of visual amenity and ecology, in accordance with Policies D1 and D2 of the Thanet Local Plan.
(10) The development hereby approved shall be carried out in accordance with the submitted drawings numbered B1070600/S/1 Rev C, 2 Rev C, 3 Rev C, 4 Rev C, 5 Rev C, 6 Rev C and 3P7393-P1-SK-05 Rev C and 08 Rev C received 8th February 2011 and approved by the Council on 21 April 2011 showing the new link road between the Westwood Cross shopping centre roundabout and the junction of Star Lane/Poorhole Lane/Margate Road/Ramsgate Road, the improvements to Nash Road between Star Lane and Haine Road and provision of pedestrian and cycle crossings.
GROUND:
In the interests of highway safety, and to comply with the requirements of Policies H6 and TC4 of the Thanet Local Plan.
(11) The closure of the existing part of Manston Court Road within the application site, shall be carried out in accordance with the submitted details shown on drawing no. P690/102 Rev J received 5th April 2011 and approved by the Council on 21 April 2011.
GROUND:
In the interests of highway safety.
(12) The existing public right of way, which adjoins the northern boundary of the application site, shall be safeguarded and maintained free of obstruction both during the course of development and subsequent to completion.
GROUND:
To ensure protection of this public amenity.
(13) Prior to the occupation of any building upon the site, the base course surface of the highway shall be constructed from that building to the adopted highway, and the wearing course of the approved highway shall be completed prior to the completion of the penultimate building of that phase of the development.
GROUND:
In the interests of highway safety and to ensure the proper development of the site without prejudice to the amenities of the occupants.
(14) Details pursuant to Condition 1 above shall include full details of the area reserved for vehicle loading and unloading, and parking and manoeuvring for each phase, which shall be provided in accordance with standards to be agreed with the Local Planning Authority. Such facilities as approved shall be operational prior to any part of the development hereby permitted being brought into use, unless otherwise agreed in writing by the Local Planning Authority and thereafter shall be maintained for their approved purpose.
GROUND:
In the interests of highway safety, in accordance with Thanet Local Plan Policy TR16.
(15) Details pursuant to Condition 1 above shall include the provision of a means of access for pedestrians and cyclists within each phase, as shown within the Design, Access and Sustainability Statement (as amended), which shall be fully constructed and ready for use in relation to each phase prior to the occupation of any building within that phase unless otherwise agreed, in writing, by the Local Planning Authority.
GROUND:
In the interests of highway safety and to facilitate the use of alternative means of transport, in accordance with Thanet Local Plan Policies TR11 and TR12.
(16) Details pursuant to Condition 1, insofar as they relate to each respective phase of development, shall include the provision of space within the site for the parking of bicycles and motorcycles, in accordance with standards to be agreed with the Local Planning Authority. Such facilities as approved shall be operational prior to the premises to which they relate being brought into use unless otherwise agreed, in writing, by the Local Planning Authority, and thereafter shall be maintained for their approved purpose.
GROUND:
In the interests of highway safety and to facilitate the use of alternative means of transport, in accordance with Thanet Local Plan Policy TR12.
(17) Prior to the occupation of the Primary School within the site, a base course surface of the highway shall be constructed from that Primary School to the adopted highway, and the wearing course of the approved highway shall be completed prior to the commencement of use of the Primary School.
GROUND:
In the interests of highway safety and to ensure the proper development of the site without prejudice to the amenities of the occupants.
(18) No development shall take place within phases 2, 3, 4 and 5 of the development until full details of both hard and soft landscaping works within that phase have been submitted to, and approved in writing by, the Local Planning Authority. These works shall be in accordance with the overall Landscape and Ecology Strategy for the site, as referred to within condition 9 of this permission. These works shall include:
(1) a detailed survey of all trees, shrubs and hedges on the application site, giving details of all trees of having a trunk diameter of 75mm or more, which shall include; species type, spread of crown, height, diameter of trunk and condition assessment.
(2) details of existing trees, shrubs and hedges to be retained.
(3) details of new trees, shrubs, hedges and grassed areas to be planted, together with details of the species and method of planting to be adopted.
(4) measures to be taken to protect existing and new landscape work, which shall in the case of trees means adequate staking and guarding.
(5) arrangements to be made for the permanent maintenance of landscaped areas.
(6) details of ground preparation, including methods of planting and details of proposed weed control.
(7) a detailed survey of levels on the site indicating specific features.
(8) details of earth works to be carried out on the site including details of proposed finish levels or contours.
(9) details of the treatment proposed for all hard surfaced areas beyond the limits of the highway.
(10) details of walls, fences, other means of enclosure proposed, together with details of materials and construction and details of other minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.)
(11) details of specific measures to encourage bio-diversity and increased ecological potential.
GROUND:
In the interests of the visual amenities of the area and the interests of bio-diversity and ecological potential, and to adequately integrate the development into the environment, in accordance with Policies D1 and D2 of the Thanet Local Plan.
(19) 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 occupation of any part of the phase of the development to which it relates, 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, unless the Local Planning Authority gives any written consent to any variation.
GROUND:
In the interests of the visual amenities of the area and the interests of bio-diversity and ecological potential, and to adequately integrate the development into the environment, in accordance with Policies D1 and D2 of the Thanet Local Plan.
(20) In this condition retained tree means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of one year from the date of the first occupation of the phase of development within which the tree is located.
(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any topping or lopping approved shall be carried out in accordance with British Standard 3998 (Tree Work).
(b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
GROUND:
In the interests of visual amenity, in accordance with Thanet Local Plan Policy D2.
(21) Existing trees, shrubs and hedgerows identified for retention within the development site or existing trees growing on an adjacent site, likely to be affected by the development, shall be protected in accordance with BS 5837 1991 using the following protective fencing specification:-
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:
In the interests of the visual amenities of the area and to adequately integrate the development into the environment, in accordance with Thanet Local Plan Policy D2.
(22) All excavations within the existing spread of the trees to be retained shall be carried out manually, using only hand held tools and any roots exposed thereby shall be bridged over in the construction of the foundations.
GROUND:
In the interests of the visual amenities of the area, in accordance with Thanet Local Plan Policy D2.
(23) The overall development of the site shall include no less that 34% of the total number of dwellings on the site comprising 3 and 4-bedroom homes incorporating generous room sizes and off-street parking spaces.
GROUND:
To ensure the provision of a mix of house sizes and types to meet a range of community needs, in accordance with Policies H6 and H8 of the Thanet Local Plan.
(24) Retail development (Class A1 and A2) within the site shall not exceed 1,200 square metres gross floor space in aggregate to serve the day to day needs of the housing development.
GROUND:
In order to protect the viability of existing town centres, in accordance with Policy TC1 of the Thanet Local Plan.
(25) Samples of the materials to be used in the construction of the external surfaces of the development hereby permitted shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of each respective phase of development.
GROUND:
In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(26) The construction of those parts of the development fronting the A256 hereby permitted shall not commence until a scheme for protecting the proposed units from noise from the A256 has been submitted to, and approved in writing by, the Local Planning Authority. Such a scheme must demonstrate that the guideline noise levels from Tables 5 and 6 of BS8233:1999 can be achieved unless otherwise agreed, in writing, by the Local Planning Authority. All works which form part of the approved scheme shall be completed before those parts of the development fronting the A256 are occupied. Those works implemented shall thereafter be maintained to the reasonable satisfaction of the Local Planning Authority.
GROUND:
In the interests of the amenities of residential dwellings in close proximity to the A256 Haine Road, in accordance with Policy EP6 of the Thanet Local Plan.
(27) The development hereby approved shall be carried out and thereafter maintained in accordance with the overall site wide strategy (and in the case of Phase 1 the detailed scheme approved under permission OL/TH/06/0650) for the means of foul and surface water disposal, shown on drawings numbered 9V9168/DR-001 Rev B, 002 Rev B, 003 and 004 Rev A received 16th March 2011 and approved by the Council 12th April 2011.
GROUND:
To prevent pollution in accordance with guidance given in Planning Policy Statement 23.
(28) If, during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing by the Local Planning Authority) shall be carried out until the developer has been submitted to, and obtained written approval from, the Local Planning Authority for details of how such contamination should be dealt with.
GROUND:
To ensure that the proposed development will not cause harm to human health or pollution to the environment, in accordance with the advice contained within Planning Policy Statement 23.
(29) No development shall take place on each respective phase, except Phase 1, until a detailed scheme for the means of foul and surface water disposal for that phase, that is in accordance with the overall site wide strategy detailed in condition 27, has 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 prevent pollution in accordance with guidance given in Planning Policy Statement 23.
(30) Prior to commencement of development on each respective phase, survey work shall be undertaken to establish whether that particular phase includes trees or hedgerows with nesting birds. Should surveys indicate the presence of nesting birds, measures should be proposed to avoid impact upon nesting birds in order to comply with the requirements of the Wildlife and Countryside Act 1981 (as amended). Such measures shall be agreed by the Local Planning Authority, and development implemented in accordance with those specified measures.
GROUND:
In order to protect nesting birds and maintain ecological diversity within the site, in accordance with advice contained within Planning Policy Statement 9.
(31) No development shall take place on each respective phase of development until the applicant or their agent or successors in title have secured the implementation of:
(1) Archaeological Field Evaluation works in accordance with a specification and written timetable which has been submitted to, and approved in writing by, the Local Planning Authority, and
(2) Following on from the evaluation, 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 first been submitted to, and approved in writing by, the Local Planning Authority.
GROUND:
In order to protect the archaeological heritage of the site, in accordance with Policies HE11 and HE12 of the Thanet Local Plan.
(32) No development shall take place on each respective phase of development until details of foundation designs and any other proposals involving below ground excavation have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details.
GROUND:
In order to protect important archaeological remains, in accordance with Policies HE11 and HE12 of the Thanet Local Plan.
(33) Prior to the commencement of each respective development phase detailed proposals relating to construction traffic, including identification of haul routes and methods of preventing the deposit of construction material onto the highway, for that phase shall be submitted to and approved in writing by the Local Planning Authority.
GROUND:
In the interests of highway safety.
(34) Prior to commencement of the development, a scheme for the control of noise and dust shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall comply with guidance BS 5228 Noise Vibration and Control on Construction and Open Sites. Upon commencement of the development, work shall be carried out in accordance with the approved scheme.
GROUND:
In the interests of the amenity of adjacent residents and occupants.
(35) During the demolition and construction phase, the hours of working shall be restricted to Monday to Friday 08.00 hours – 18.00 hours, on Saturday, 08.00 hours – 13.00 hours, with no work on Sundays or Public Holidays unless otherwise agreed, in writing, by the Local Planning Authority.
GROUND:
In the interests of the amenity of adjacent residents and occupants.
(36) Details submitted pursuant to Condition 1, in respect of each respective development phase shall include, details of highway works at a scale 1:200 with dimensions annotated, visibility splays and spot points indicated. The development shall be carried out in accordance with such details.
GROUND:
In the interests of highway safety.
(37) The proposed development shall be carried out in accordance with the submitted application as amended by
The full list of permitted plans is as follows;
2174/056 The site / Planning Application Boundary
2174_PP1 (2174/046 REV 3) Layout A with primary school (Parameter Plan 1)
2174/PP2 (2174/047 REV 3) Layout B without primary school (Parameter Plan 2)
2174/PP3 REV 1 Densities (Parameter Plan 3)
2174/PP4 REV 1 Densities (Parameter Plan 4)
2174/PP5 REV 1 Road hierarchy (Parameter Plan 5)
2174/PP6 REV 1 Pedestrian and cycle links (Parameter Plan 6)
2174/PP7 REV 1 Landscape Strategy
(Parameter Plan 7)
2174/PP8 REV 2 Biodiversity Gains
(Parameter Plan 8)
2174/PP9 (2174/053 REV 7) Phasing Plan (Parameter Plan 9)
9V9168/PP-01 Rev 1 Proposed Highways Works
Inset Plan
2010-312/DWP6 Rev J Proposed Highway Works
2174/PP11 Rev 1 Drainage / groundwater protection phasing plan
(Parameter Plan 11)
GROUND:
To secure the proper development of the area.
(38) Prior to the commencement of the Star Lane Link Road works hereby permitted, details of equipment for the continuous automated monitoring of local air quality, including its precise location and specifications, shall be submitted to, and approved in writing by, the Local Planning Authority. The equipment hereby permitted shall be installed to the reasonable satisfaction of the Local Planning Authority prior to the commencement of use of the Star Lane link road.
GROUND:
In order to ensure that the local air quality is reviewed, to enable measures to maintain and improve air quality for the benefit of local residents to be implemented in accordance with Policy EP5 of the Thanet Local Plan.
(39) The development shall include provision of a minimum of 10% of housing to lifetime home standards, to a specification to be agreed, in writing, with the Local Planning Authority.
GROUND:
To meet the housing needs of the community in accordance with Policy H8 of the Thanet Local Plan.
(40) The average net density across Phases 3b, 4a, 4b and 5, as indicated on the Phasing Plan (Parameter Plan 9) shall not be less than 40dph.
GROUND:
In accordance with Thanet Local Plan Policy H6.
(41) Phase 1 of the development shall be carried out in accordance with landscaping details approved by the Council in the letter dated 26th September 2011, shown on drawings nos D1844.L.400 and 401 and SK03 Rev A dated 11th July 2011, drawing no D1844-L-100 Rev E dated 14th September 2011, document titled details of hard and soft landscaping works phase 1 dated 4th July and arboricultural survey dated 11th July 2011.
GROUND:
In the interests of the visual amenities of the area. In accordance with Policies D1 and D2 of the Thanet Local Plan.
(42) No development shall take place until details of the location, vehicular access, resident and visitor car parking, pedestrian and cycle access for the first 50 dwellings to be occupied during the construction of the southern highways works, including any temporary arrangements necessary, are submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
GROUND:
In the interests of pedestrian and highway safety and the living conditions of future occupiers of the development in accordance with Policy D1 of the Thanet Local Plan.
(43) No development shall take place until a construction management plan for the construction and occupation of the first 50 houses, including details of how the southern highways works will be completed whilst up to 50 houses can be occupied and how the pedestrian link between the first 50 houses and the new Toucan crossing on Haine Road will be maintained throughout the period of the construction of the southern highway works, has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
GROUND:
In the interests of pedestrian and highway safety and the living conditions of future occupiers of the development in accordance with Policy D1 of the Thanet Local Plan”
MOTION ADOPTED.
Supporting documents:
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