Planning Committee
Minutes of the meeting held on 15 September 2010 at 7.00 pm in Council Chamber, Cecil Street, Margate, Kent.
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Present:
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Councillor A K Gregory (Chairman); Councillors Mrs Roberts, Mrs Aldred, Campbell, Crotty, C Hart, Hayton, Jarvis, McCastree, Poole, Mrs Sullivan, B Sullivan, Ward, Mrs Wiltshire and M Roberts
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In Attendance: |
Bruce, Ms Green, Mrs Johnston, J D Kirby, Latchford, Mrs Sheldrick and Wells
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7. Rule 24.1
THE FOLLOWING MEMBERS WERE ALSO PRESENT PURSUANT TO COUNCIL PROCEDURE RULE 24.(1) AND TOOK PART IN THE PROCEEDINGS AS FOLLOWS:
Councillor Mrs Aldred Minute No. 12h – F/TH/10/0581
Councillor Bruce Minute No. 11b – F/TH/10/0484
Minute No. 12b – F/TH/10/0553
Councillor Ms E Green Minute No. 11a – F/TH/10/0470
Councillor C Hart Minute No. 12h – F/TH/10/0581
Councillor Mrs Johnston Minute No. 12h – F/TH/10/0581
Councillor JD Kirby Minute No. 12f – F/TH/10/0564
Councillor Latchford Minute No. 12b – F/TH/10/0553
Councillor Mrs Roberts Minute No. 11b – F/TH/10/0484
Councillor Mrs Sheldrick Minute No. 11b – F/TH/10/0484
Minute No. 12b – F/TH/10/0553
Minute No. 12g – F/TH/10/0671
Councillor Wells Minute No. 12h – F/TH/10/0581
8. Apologies for Absence
Apologies were received from Councillors Goodwin and Lawson.
Reserves were Councillor Mrs Wiltshire for Councillor Lawson and Councillor M Roberts for Councillor Goodwin.
9. Declarations of Interest
Councillor Mrs Aldred declared a personal and prejudicial interest in Minute No 12h - F/TH/10/0581 – 21-23 Arthur Road, (Former Warren Court) and Adjacent Land, in Dalby Square, Margate 9 2EN and was not involved in the voting thereon.
Councillor Crotty declared a personal interest in Minute No 12i - OL/TH/10/0507 – Hereson School, Ramsgate Road, Broadstairs.
Councillor C Hart declared a personal and prejudicial interest in Minute No 12h – F/TH/10/0581 – 21-23 Arthur Road, (Former Warren Court) and Adjacent Land, in Dalby Square, Margate 9 2EN and was not involved in the voting thereon.
Councillor Hayton declared a personal interest in Minute No 12i - OL/TH/10/0507 – Hereson School, Ramsgate Road, Broadstairs.
Councillor Jarvis declared a personal interest in Minute No 12i - OL/TH/10/0507 – Hereson School, Ramsgate Road, Broadstairs.
Councillor Poole declared a personal interest in Minute No 12b – F/TH/10/0553 – Land South East of Quex Barn, Quex Park, Birchington.
Councillor Mrs Roberts declared a personal interest in Minute No 11b – F/TH/10/0484 – 24 Manor Drive, Birchington CT7 9TN and was not involved in the voting thereon.
Councillor Wells declared a personal interest in Minute No 12h – F/TH/10/0581 – 21-23 Arthur Road, (Former Warren Court) and Adjacent Land, in Dalby Square, Margate 9 2EN
and
a personal and prejudicial interest in Minute No 12i – OL/TH/10/0507 – Hereson School, Ramsgate Road, Broadstairs.
Councillor Mrs Wiltshire declared a personal interest in Minute No 12i -OL/TH/10/0507 – Hereson School, Ramsgate Road, Broadstairs.
10. Minutes of Previous Meeting
The minutes of the Planning Committee meeting held on 15 September 2010, were approved and signed by the Chairman.
11. Site Inspections - 3 September 2010
The Committee gave further consideration to the following:-
(a) 13 Highfield Close, Ramsgate CT12 6QN
Application for variation of condition no. 12 attached to planning permission F/TH/08/1223 for external alterations.
Moved by Councillor Poole and seconded by Councillor Campbell that:
“application F/TH/10/0470 be refused for the following reason:
(1) The proposed development, by virtue of its size and relationship with neighbouring properties, would result in a cramped form of development, causing an overbearing impact on neighbouring occupiers, detrimental to the character and appearance of the area and the living conditions of neighbouring properties, contrary to Thanet Local Plan Policy D1”
MOTION ADOPTED.
(b) 24 Manor Drive, Birchington CT7 9TN
Erection of 2no. single storey extensions and a two storey extension to the rear together with dormer to side roof slope.
Moved by Councillor Gregory and seconded by Councillor Mrs Sullivan that:
“application F/TH/10/0484 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 Compulsory Purchase Act 2004).
(2) The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawing numbered 02 Rev C received 29 July 2010.
GROUND:
To secure the proper development of the area”
MOTION ADOPTED.
12. Schedule of Planning Applications
(a) A01-Land Adjoining 92 Trinity Square, Margate
Application for extension of time to planning permission F/TH/07/0076 for the erection of a pair of 3 storey semi detached dwellings.
Move by Councillor Gregory and seconded by Councillor Mrs Roberts that:
“application F/TH/10/0524 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 Compulsory Purchase Act 2004).
(2) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with approved details.
GROUND:
In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(3) Prior to the commencement of the development hereby permitted precise 1:5 scale details of the new 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 permitted development.
GROUND:
To secure a satisfactory treatment of the property that safeguards its special character and appearance as part of the Conservation Area in accordance with Government Planning Policy PPS5”
MOTION ADOPTED.
(b) A02-Land South East of Quex Barn, Quex Park, Birchington CT7 0BB
Erection of 19no. holiday rondavels, 1no. manager’s rondavel and 1no. office/reception rondavel, together with associated parking, access and recreation area.
Moved by Councillor Poole and seconded by Councillor Ward that:
“application F/TH/10/0553 be refused”
MOTION LOST.
Moved by Councillor Mrs Wiltshire and seconded by Councillor M Roberts that:
“the application F/TH/10/0553 be deferred and delegated to the Director of Regeneration Services to approve subject to a legal agreement under Section 106 to require the demolition of the buildings in the event that the business fails, and subject to the following safeguarding conditions; and a condition requiring the site closure for a 6 week period:
(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 Compulsory Purchase Act 2004).
(2) The proposed development shall be carried out in accordance with the submitted application as amended by drawing number 100426-SK01 Revision D received 18 August 2010, information contained within the email from the applicant’s agent dated 26 August 2010 confirming the description of development.
GROUND:
To secure the proper development of the area.
(3) In the event that contamination is found that was not previously identified at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken at that time in accordance with a site characterisation report that shall be submitted to and approved in writing by the Local Planning Authority and where remediation is necessary a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the approved development and following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.
GROUND:
To prevent harm to human health and pollution of the environment, in accordance with Thanet Local Plan Policy EP13.
(4) No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:
i. 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
ii. following on from the evaluation, any safeguarding measures to ensure archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved in writing by the Local Planning Authority.
GROUND:
To ensure appropriate assessment of the archaeological implications of any development proposals and the subsequent mitigation of adverse impacts through preservation in situ or by record in accordance with Planning Policy Statement 5.
(5) No development shall take place until details of the means of foul and surface water disposal, including a detailed drainage strategy for the site, based on sustainable urban drainage principles and an assessment of the hydrological and hydrogeological context of the development, and including details of the implementation, management and maintenance of any proposed Sustainable urban Drainage Systems, have been submitted to and approved 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 Planning Policy Statement 23 and 25.
(6) Prior to the commencement of 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
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 D1 and D2 of the Thanet Local Plan.
(7) 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 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, unless the Local Planning Authority gives any written consent to any variation.
GROUND:
In the interests of the visual amenities of the area in accordance with Policies D1 and D2 of the Thanet Local Plan.
(8) Prior to the first occupation or use of the development, the area shown on the deposited plan for the access, parking and manoeuvring of vehicles shall be operational prior to any part of the development hereby approved being brought into use, unless otherwise agreed in writing by the Local Planning Authority. The area agreed shall thereafter be maintained for that purpose.
GROUND:
In the interests of highway safety.
(9) Prior to the commencement of development, a sample of the imported material shall be analysed for potentially harmful contamination by a suitably accredited laboratory and the certificate of analysis submitted to and approved in writing by the Local Planning Authority within three months of the sampling date. The development shall be carried out in accordance with the approved details.
GROUND:
To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Planning Policy Statement 23.
(10) No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is not resultant unacceptable risk to controlled waters.
GROUND:
To prevent pollution in accordance with policy EP13 of the Thanet Local Plan and advice contained within Policy Statement 23.
(11) At no time shall any rondavel (other than those identified on the approved plans as Managers accommodation and reception) be used or occupied for any purposes other than as holiday accommodation by persons whose only, or principal, home is situated elsewhere.
GROUND:
To safeguard against permanent residential use of the units to ensure the continued availability of holiday accommodation in the area, in accordance with Thanet Local Plan Policy CC1.
(12) An up to date register shall be kept of the units of accommodation, hereby permitted, and shall contain the name, permanent addresses and periods of occupation by any occupant(s); this log shall be made available for inspection on demand at any reasonable hour by an officer of the Local Planning Authority.
GROUND:
To facilitate the proper enforcement of condition 11; to safeguard against permanent residential use of the units to ensure the continued availability of holiday accommodation in the area, in accordance with Thanet Local Plan Policy CC1.
(13) Prior to commencement of the development hereby approved, full details of the external lighting, hereby approved 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 amenities of the area, in accordance with Policy D1 and EP9 of the Thanet Local Plan.
(14) The development hereby approved shall be used for holiday accommodation only and no rondavel (other than those identified on the approved plans as Managers accommodation and reception) shall be occupied continuously for a period exceeding 6 weeks by the same person(s) and shall not be reoccupied within 3 months of vacating the accommodation by the same person(s).
GROUND:
To maintain the availability of the site as short-term holiday accommodation, in accordance with Policy T1 of the Thanet Local Plan.
(15) Prior to the commencement of the development hereby approved samples of the materials to be used in the construction of the external surfaces of the development hereby approved shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples.
GROUND:
In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(16) The occupation of the rondavel for manager’s accommodation hereby approved shall be limited to manager or staff members solely employed in connection with the management of the holiday accommodation hereby approved, and their spouse/partner and any dependents, and no other person or persons.
GROUND:
In order to prevent the permanent residential use of the site, in accordance with Policy H1 of the Thanet Local Plan.
(17) At no time shall the land, other than the area of approximately 1 hectare identified on the approved plans for the siting of rondavels, be used for the siting of any structure (including play equipment); and at no time shall that land be subdivided with fencing or any other means of enclosure.
GROUND:
In the interest of the visual amenity of the area in accordance with policies CC1, CC2 and D1 of the Thanet Local Plan.
Informative:
A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39a Southgate Street, Winchester, SO23 9EH (tel 01962 858688) or www.southernwater.co.uk”
MOTION ADOPTED.
(c) A03-Garage Block Adjacent to, 17-18 St Christopher Close, Margate CT9 3HX
Development of 3 dwellings without compliance with condition 2 attached to planning permission OL/TH/09/0705 and reserved matters permission R/TH/10/0126 to increase the footprint of the dwellings.
Moved by Councillor Campbell and seconded by Councillor Ward that:
“application F/TH/10/0643 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 Compulsory Purchase Act 2004).
(2) The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawing numbered 4631/D10 Rev A received 26 August 2010.
GROUND:
To secure the proper development of the area.
(3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with of without modification) no extensions shall be erected or windows, dormers or other form of openings shall be installed in the North East (front) elevation, other form of openings shall be installed in the North East (front) elevation, other that those shown on the approved plans without the prior written permission of the Local Planning Authority.
GROUND:
To ensure a satisfactory external treatment and in the interests of the visual amenities of the locality and to safeguard the amenities of nearby property occupiers in accordance with Policy D1 of the Thanet Local Plan.
(4) Prior to the commencement of the development hereby approved, the applicant, or their agents of 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 the advice contained within Planning Policy Statement 5.
(5) Prior to the first occupation of any of the dwellings hereby approved works shall have taken place for the provision of a pedestrian dropped kerb within the footway outside 18 St Christopher Close, in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority.
GROUND:
In the interest of highway safety.
(6) The areas shown on the deposited plan for the parking and manoeuvring of vehicles 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. The areas agreed shall thereafter be maintained for that purpose.
GROUND:
In the interests of highway safety in accordance with Thanet Local Plan Policy TR16”
MOTION ADOPTED.
(d) A04-Garages Adjacent to 143 Hugin Avenue, Broadstairs
Erection of 2no. dwellings following demolition of existing garages.
Moved by Councillor Campbell and seconded by Councillor Ward that:
“application F/TH/10/0572 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 Compulsory Purchase Act 2004).
(2) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted 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 the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(3) Prior to the commencement of use of the new vehicular access hereby permitted, the new vehicular access to the site shall be completed and maintained, and the existing redundant means of vehicular access to the site shall be permanently closed with a suitable barrier and the footpath and verge reinstated, in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority.
GROUND:
In the interests of highway safety and pedestrian amenity.
(4) No development shall take place until details of the means of foul and surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with such details as approved.
GROUND:
To minimise any risk of pollution in accordance with policy EP13 of the Thanet Local Plan.
(5) No development shall commence until a site characterisation and remediation scheme has been submitted to and approved in writing by the Local Planning Authority and the remediation scheme has been implemented in accordance with the approved details. The site characterisation, remediation scheme and implementation of the approved remediation scheme shall be carried out in accordance with the following criteria.
(a) Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning application, shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and 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, and shall include:
· A survey of the extent, scale and nature of contamination
· An assessment of the potential risk to:
· Human Health
· Property
· Adjoining Land
· Groundwaters and surface waters
· Ecological system
· An appraisal of remedial options and a recommendation of the preferred options
The site characterisation report shall be conducted in accordance with British Standards and current DEFRA and Environment Agency best practice.
(b) Submission of remediation scheme
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 must be prepared, and shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme shall ensure that the site cannot be considered as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
(c) Implementation of Approved Remediation Scheme
The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of the development other than that required to carry out remediation. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by 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 the advice contained within Planning Policy Statement 23.
(6) In the event that contamination is found that was not previously identified at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken in accordance with a site characterisation report that shall be submitted to and approved in writing by the Local Planning Authority and where remediation is necessary a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the approved development and following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.
GROUND:
To ensure that the proposed development will not cause harm to human health of pollution of the environment, in accordance with the advice contained within Planning Policy Statement 23.
(7) The first five metres of the access from the edge of the highway shall be constructed in a bound material.
GROUND:
In the interests of Highway safety.
(8) The development hereby approved shall be carried out in accordance with the submitted plans numbered 4631 D.01 and D.02 and dated 9th July 2010.
GROUND:
To secure the proper development of the area.
(9) Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Local Planning Authority, showing full details of the foundations of the proposed construction and the proposed protection methods to prevent damage occurring to the mains sewer. The development shall be carried out in accordance with such details as are agreed.
GROUND:
To prevent pollution, in accordance with Policy H1 of the Thanet Local Plan.
INFORMATIVE NO.1:
A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to indentify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James House, 39a Southgate Street, Winchester, SO23 9EH (tel 01962 858688) or www.southernwater.co.uk.
INFORMATIVE NO.2:
No foul or contaminated drainage shall be discharged from the site into either groundwater or any surface waters, whether direct of via soakaways, shall be permitted”
MOTION ADOPTED.
(e) A05-12 Spratling Street, Ramsgate CT12 5AW
Erection of two-storey side extension.
Moved by Councillor Campbell and seconded by Councillor Ward that:
“application F/TH/10/0668 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 Compulsory Purchase Act 2004).
(2) The external materials and external finishes to be used in the erection of the extension hereby approved shall be of the same, colour, finish and texture as those on the existing property.
GROUND:
In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(3) The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawing numbered 8447-1A dated 25 August 2010.
GROUND:
To secure the proper development of the area”
MOTION ADOPTED.
(f) A06-4C Grange Road, Ramsgate CT11 9LR
Change of use from retail (use class A1) to drinking establishment (use class A4)
Moved by Councillor Ward and seconded by Councillor B Sullivan that:
“application F/TH/10/0564 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 Compulsory Purchase Act 2004).
(2) Prior to the first use of the development hereby permitted refuse storage facilities shall be provided in accordance with details, which shall first be submitted to and approved in writing by the Local Planning Authority.
GROUND:
To secure a satisfactory standard of development and in the interest of the amenities of the area, in accordance with policy D1 of the Thanet Local Plan.
(3) The use of the premises hereby approved shall not be used other than between the hours of 0800 and 2330 Monday to Saturday in any week and between the hours of 1000 and 2330 on any Sunday or Bank Holiday.
GROUND:
To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan.
(4) At no time shall amplified music be played from the premises.
GROUND:
To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan”
MOTION ADOPTED.
(g) R07-7-9 Park Lane, Birchington CT7 0AN
Erection of an outhouse to front garden.
Moved by Councillor Ward and seconded by Councillor Campbell that:
“application F/TH/10/0671 be refused for the following reasons:
(1) The proposed development, by virtue of its scale and prominent siting to the front of the property, would be significantly detrimental to the character of the Birchington Conservation Area and would fail to conserve the designated heritage asset, in accordance with Planning Policy Statement 5”
MOTION ADOPTED.
(h) D08-21-23 Arthur Road, (Former Warren Court) And Adjacent Land, In Dalby Square, Margate CT9 2EN
Erection of 12No. 3 bed townhouses and 8No. 2 bed flats including the retention of facades to 21-23 Arthur Road.
Moved by Councillor Gregory and seconded by Councillor Mrs Roberts that:
“the application F/TH/10/0581 be deferred and delegated to the Director of Regeneration Services to approve, subject to the following safeguarding conditions and a legal agreement to secure the provision of affordable housing, community facilities and communal parking:
(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 Compulsory Purchase Act 2004).
(2) The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 4571-201 Rev B, 4571-203 Rev A, 4571-206 Rev A, 4571-211 Rev C and 4571-212 Rev C and dated 24 August 2010, together with information with the applicant’s agents’ email dated 26 August 2010 confirming the use of the natural slate and 100mm window and door reveals.
GROUND:
To secure the proper development of the area.
(3) No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.
GROUND:
To prevent pollution in accordance with advice set out within Planning Policy Statement 23.
(4) All imported soil and clay brought onto the site as clean cover must be certified to be suitable for use. A sample of the imported material shall be analysed for potentially harmful contamination by a suitably accredited laboratory and the certificate of analysis submitted to and approved in writing by the Local Planning Authority within three months of the sampling date. The development shall be carried out in accordance with such details as are agreed.
GROUND:
To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Planning Policy Statement 23.
(5) If, during development, contamination is suspected or found to be present at the site, then 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.
GROUND:
To ensure that any risks relating to contamination discovered during development are dealt with appropriately as required under PPS23: Planning and Pollution Control.
(6) 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 specification and written timetable which has first 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 advice set out within Planning Policy Statement 5.
(7) Prior to the commencement of development hereby approved, details of the measures to be undertaken to protect the public water supply main shall be submitted to and approved 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 advice set out within Planning Policy Statement 23.
(8) Prior to the first occupation or use of the development, the area shown on the deposited plan for the parking and manoeuvring of vehicles shall be operational prior to any part of the development hereby approved being brought into use, unless otherwise agreed in writing by the Local Planning Authority. The area agreed shall thereafter be maintained for that purpose.
GROUND:
In the interests of highway safety.
(9) Prior to the first occupation of the development, the access shown on the submitted plans, including the alterations to the existing vehicle crossing and the reinstatement of the footway, shall be provided and thereafter maintained.
GROUND:
In the interests of highway safety.
(10) Prior to the first occupation of the development hereby permitted, visibility splays of 2 metres behind the footway on both sides of the access shall be provided and maintained with no obstructions above 0.6 metres.
GROUND:
In the interests of highway safety.
(11) No gates shall open out over the highway.
GROUND:
In the interests of highway safety.
(12) Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no.s 4571-213 and 4571-201 Rev B and shall be provided and thereafter maintained.
GROUND:
In the interests of promoting increased cycling in accordance with policy TR12 of the Thanet Local Plan.
(13) All hard and soft landscape works shall be carried out in accordance with the details hereby approved. The works shall be carried out prior to the 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, unless the Local Planning Authority gives any written consent to any variation.
GROUND:
In the interests of the visual amenities of the area in accordance with Policies D1 and D2 of the Thanet Local Plan.
(14) Prior to the commencement of the development hereby approved samples of the yellow stock bricks, PPC corrugated metal canopy and balconies, off-white render, natural slate roof and mouldings of the development hereby approved shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(15) Prior to the commencement of the development hereby approved a 1m2 sample of brickwork to show the brick bond, details of mortar mix and type and style of pointing, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved samples and details.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(16) Upon completion, no further development, whether permitted by Classes A, B, C of D of Part 1 or Class A or Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or not, shall be carried out without the prior permission in writing of the Local Planning Authority.
GROUND:
To ensure a satisfactory external treatment and in the interests of the visual and residential amenities of the locality in accordance with Policy D1 of the Thanet Local Plan and advice contained within Planning Policy Statement 5.
(17) No development shall take place until details of the means of foul and surface water disposal, including details of the implementation, including a timetable, 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 prevent pollution in accordance with advice set out within Planning Policy Statement 23.
(18) Prior to the commencement of the development hereby approved joinery details including sections through glazing bars, frames and moulding at a scale 1:5 of all new external 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 safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(19) The reveals to all new window and door opening shall not be less that 100mm.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(20) Prior to the commencement of development hereby approved, details of the measures to be undertaken to retain the facades of 21-23 Arthur Road, including a structural engineer’s report, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with such details as are agreed.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(21) All rainwater goods installed shall be constructed of cast iron or aluminium, unless otherwise agreed in writing by the Local Planning Authority.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(22) No external meter cupboards, vents, flues or extract grilles or overhead supply cables shall be installed on any principle evaluation unless in accordance with details of materials and design submitted to and approved in writing by the Local Planning Authority.
GROUND:
To safeguard the special character and appearance of the area as a Conservation Area in accordance with advice contained within Planning Policy Statement 5.
(23) INFORMATIVES
A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd, Anglo St James house, 39a Southgate Street, Winchester, SO23 9EH (tel 01962 858688) or www.southerwater.co.uk
Detailed design of the proposed drainage system should take into account the possibility of surcharging within the public sewerage system in order to protect the development from potential flooding.
There must be no discharge into land impacted by contamination or land previously identified as being contaminated. There must be no direct discharge to groundwater, a controlled water. There must be not discharge to made ground.
Only clean uncontaminated water should drain to the surface water system. Roof water shall discharge direct to soakaway via a sealed down pipes (capable of preventing accidental/unauthorised discharge of contaminated liquid into the soakaway) without passing through either trapped gullies or interceptors. Open gullies should not be used.
Prior to being discharged into any soakaway system, all surface water drainage from parking areas, roads and hardstanding areas shall be passed through trapped gullies to BS 5911: 1982, with an overall capacity compatible with the site being drained.
The proposed soakaway locations should be cross-referenced with the outcome of the land contamination report. There must be no discharge into land impacted by contamination of land previously identified as being contaminated. There must be no direct discharge to groundwater, a controlled water. There must be no discharge to made ground. Soakaways should be constructed as shallow as possible.
All foul must be discharged to main sewer.
Separate prior approval is required from Kent Highway Services for the works within the highway Separate prior approval may also be required from Kent Highway Services for the proposed retaining/basement walls in close proximity to the highway. The applicant is advised to contact KHS on 08458 2478500”
MOTION ADOPTED.
(i) D09-Hereson School, Ramsgate Road, Broadstairs CT10 1PJ
Outline application for the erection of 150 dwellings following the demolition of the existing school.
Moved by Councillor Ward and seconded by Councillor Campbell that:
“Members undertake a site visit in order to assess the situation”
MOTION ADOPTED.
(j) D10-71-73 Monkton Street, Monkton, Ramsgate CT12 4JF
Application for extension of time of planning permission F/TH/04/1646 for the erection of 10 No. houses with associated access and car parking.
Moved by Councillor Campbell and seconded by Councillor Ward that:
“the application F/TH/10/0498 be deferred and delegated to the Director of Regeneration Services to approve, subject to the following safeguarding conditions and a legal agreement to secure a contribution to community facilities:
(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 Compulsory Purchase Act 2004).
(2) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to, and approved in writing by, the Local Planning Authority. Development shall be in carried out in accordance with the approved details.
GROUND:
In the interests of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(3) The windows and doors within the development hereby permitted shall be constructed of timber, as agreed within the agents correspondence as received on the 8th July 2005, with joinery details to be submitted to and approved in writing prior to the commencement of works. 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 permitted development.
GROUND:
In the interest of visual amenity in accordance with Policy D1 of the Thanet Local Plan.
(4) All imported soil and clay brought onto the site must be certified to be suitable for use. To demonstrate this a sample of the material must be analysed for potentially harmful contamination by a suitably accredited laboratory. Samples must be taken only after the material has been brought onto the application site and a certificate of analysis submitted to the Planning Authority within 4 weeks of the sampling date. Details of proposed sampling, dates, times quantities and the laboratory to be used shall be submitted to and approved in writing by the Planning Authority prior to commencement.
GROUND:
To prevent harm to human health and pollution of the environment, in accordance with Government Planning policy Statement PPS23.
(5) There shall be no discharge of foul or contaminated drainage from the site into either groundwater of any surface waters, whether direct of via soakaways.
GROUND:
To prevent pollution of the water environment.
(6) In the event that contamination is found that was not previously identified at any time when carrying out the approved development, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken at that time in accordance with a site characterisation report that shall be submitted to and approved in writing by the Local Planning Authority and where remediation is necessary a remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the approved development and following completion of measures identified in the approved remediation scheme a verification report shall be submitted to and approved in writing by the Local Planning Authority.
GROUND:
To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with the advice contained within Planning Policy Statement 23.
(7) No development shall commence until a site characterisation and remediation scheme has been submitted to and approved in writing by the Local Planning Authority and the remediation scheme has been implemented in accordance with the approved details. The site characterisation, remediation scheme and implementation of the approved remediation scheme shall be carried out in accordance with the following criteria:
(a) Site Characterisation
An investigation and risk assessment, in addition to any assessment provided with the planning application, shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and 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, and shall include:
· A survey of the extend, scale and nature of contamination
· An assessment of the potential risks to:
· Human health
· Property
· Adjoining land
· Groundwaters and surface waters
· Ecological system
· An appraisal of remedial options and a recommendation of the preferred options.
The site characterisation report shall be conducted in accordance with British Standards and current DEFRA and Environment Agency best practice.
(b) Submission of remediation scheme
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 must be prepared, and shall be submitted to an approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme shall ensure that the site cannot be considered as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.
(c) Implementation of Approved Remediation Scheme
The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of the development other than that required to carry out remediation, The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (referred to in Planning Policy Statement 23 as a validation report) that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing by 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 the advice contained within Planning Policy Statement 23.
(8) The areas shown on the deposited plan for the parking and manoeuvring of vehicles shall be operational prior to any part of the development hereby permitted being brought into use. The areas agreed shall thereafter be maintained for that purpose.
GROUND:
In the interests of highway safety.
(9) At the time of the development the approved access road, including the forward visibility splays on either side of the access as shown on the drawing number 216L(--)99 as received on the 23rd May 2005, shall be constructed to adoptable standards as specified in the Kent Design Guide, and shall thereafter be maintained as such in accordance with details that shall be submitted to and agreed in writing by the Local Planning Authority. The forward visibility splays shall be provided and maintained with no obstruction over a height of 1metre.
GROUND:
In the interests of highway safety.
(10) Prior to the first occupation of the development hereby permitted visibility splays of 2metres by 2metres shall be provided to the access of the garage serving unit 3 in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
GROUND:
In the interests of highway safety.
(11) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (amended 2008) (or any order revoking and re-enacting that order with or without modification) no windows, rooflights, dormer windows or other form of opening shall be installed or otherwise provided within the elevations, roofslopes or gables of the dwellings hereby permitted; no extensions, outbuildings, conservatories, car port, garages, or other form of buildings shall be erected or otherwise provided within the cartilage of the dwellings hereby approved without the prior written permission of the Local Planning Authority.
GROUND:
To ensure a satisfactory external treatment and in the interests of the visual amenities of the locality in accordance with Policy D1 of the Thanet Local Plan.
(12) Prior to the commencement of 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
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 Policy D1 of the Thanet Local Plan.
(13) 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 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 in accordance with Policy D1 of the Thanet Local Plan.
(14) A screen of trees, as shown on submitted plan number 0916/05/1 shall be planted along the north and west boundary of the site. This screen shall be planted prior to the occupation of any part of the development, or in accordance with a programme which shall be agreed in writing by the Local Planning Authority.
GROUND:
In the interests of the visual amenities of the area in accordance with Policy D1 of the Thanet Local Plan.
(15) A wall of a design to be agreed in writing with the Local Planning Authority, not less than 1.7 metres in height above ground level shall be erected along the boundary with 75 Monkton Street prior to the completion of the development hereby permitted.
GROUND:
In order to safeguard the residential amenities of the area in accordance with Policy D1 of the Thanet Local Plan.
(16) The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered (numbered 216L(-- )99; 216 L(--)100; 216 L(--)101; 216 L(--)105; 216 L(--)106 216 L(--)107) and amended site plan as received by the Local Planning Authority on the 26th May 2005.
GROUND:
To secure the proper development of the area.
(17) Prior to the commencement of the development hereby permitted precise details of the bus shelter proposed shall be submitted to, and approved in writing by, the Local Planning Authority.
GROUND:
To secure a satisfactory standard of development and in the interests of visual amenities of the locality, in accordance with policy D1 of the Thanet Local Plan.
(18) No development shall take place until a scheme for the disposal of foul and surface waters has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.
GROUND:
To prevent pollution of the water environment.
(19) INFORMATIVES
The applicant is advised that:-
1. For the avoidance of doubt, the provision of contributions to as set out in the unilateral undertaking made on 2010 submitted with this planning application, and hereby approved, shall be provided in accordance with The Schedule of the aforementioned deed.
2. Drainage
No infiltration of surface water drainage into the ground is approved other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. If there is any discharge to ground, the full proposals shall be submitted to and approved in writing by the Local Planning Authority.
3. Foul Drainage
All foul drainage should be directed to mains foul sewer.
4. Surface Water Drainage
The groundwater levels are very high in the area, therefore soakaways must be constructed as shallow as possible and no deeper that one metre below ground level. However, there must be no direct discharge to Groundwater, if it is found that this is unavoidable then an alternative method of surface water drainage should be sought.
5. Appropriate pollution prevention methods (such as trapped gullies or interceptors) should be used to prevent hydrocarbons draining to ground from roads, hardstandings and car parks. Clean uncontaminated roof water shall drain directly to soakaways entering after any pollution prevention methods.
6. No soakaway should be sited in or allowed to discharge into land impacted by contamination or land previously identified as being contaminated. There must be no direct discharge to groundwater, a controlled water. There should be no discharge to made ground.
7. Fuel, Oil and Chemical Storage
Care should be taken during and after construction to ensure that all Fuels, oils and any other potentially contaminating materials should be stored (for example in bunded areas secured from public access) so as to Prevent accidental/unauthorised discharge to ground. The area’s for storage should not drain to any surface water system.
Where it is proposed to store more that 200 litres (45 gallon drum = 205litres) of any type of oil on site it must be stored in accordance with the Control of Pollution (oil storage) (England) Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored”
MOTION ADOPTED.
13. 1 - 3 Lewis Crescent, Margate (Former Endcliffe Hotel)
The Principal Enforcement Officer, Steve Albon, summarised the report regarding the development granted under planning permission TH/04/1557 for the construction of a building containing 29 flats which had not been built in accordance with planning consent at 1-3 Lewis Crescent, Margate.
The required works have now been carried out and Members were reminded of their interest in visiting the site.
Moved by Councillor Mrs Roberts and seconded by Councillor McCastree that:
“to take no further action”
MOTION ADOPTED.
14. 13 York Terrace and 1-14 Westcliff Arcade, Ramsgate
The Principal Enforcement Officer, Steve Albon, summarised the report which brings Members’ attention to issues relating to the siting of tables and chairs and advertisements outside the commercial premises of 13 York Terrace and Westcliff Arcade.
Moved by Councillor Campbell and seconded by Councillor Mrs Roberts that:
“to take no further action”
MOTION ADOPTED.
Meeting concluded : 9.50 pm