(Public Pack)Agenda Document for Planning Committee, 19 ...

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Thanet District Council, PO Box 9, Cecil Street, Margate, Kent, CT9 1XZ Tel: +44 (0)1843 577000 Fax: +44 (0)1843 290906 DX 30555 (Margate) www.thanet.gov.uk Chief Executive: Madeline Homer Date: 11 May 2021 Ask For: James Clapson Direct Dial: (01843) 577200 Email: [email protected] PLANNING COMMITTEE 19 MAY 2021 A meeting of the Planning Committee will be held at 6.00 pm on Wednesday, 19 May 2021 in the Council Chamber, Council Offices, Cecil Street, Margate, Kent. Membership: Councillor Tomlinson (Chair); Councillors: Coleman-Cooke (Vice-Chair), Albon, J Bayford, Currie, Dennis, Garner, Hart, Keen, Moore, Paul Moore, Rusiecki, Scott and Wright. A G E N D A Item No 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (Pages 3 - 4) To receive any declarations of interest. Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda. If a Member declares an interest, they should complete the Declaration of Interest Form 3. MINUTES OF PREVIOUS MEETINGS To approve the Minutes of the Planning Committee meetings held on 14 April 2021 and 21 April 2021, copies attached. 3a MINUTES OF THE PLANNING COMMITTEE MEETINGS HELD ON 14 APRIL 2021 (Pages 5 - 26) 3b MINUTES OF THE PLANNING COMMITTEE MEETINGS HELD 21 APRIL 2021 (Pages 27 - 42) 4. SCHEDULE OF PLANNING APPLICATIONS (Pages 43 - 48) To consider the report of the Deputy Chief Executive, copy attached for Members of the Committee. Note: Copies of correspondence relating to applications received will be available for members’ perusal in the Members’ Room from 5.00pm on the Friday before the meeting until the date of the meeting. Public Document Pack Page 1

Transcript of (Public Pack)Agenda Document for Planning Committee, 19 ...

Thanet District Council, PO Box 9, Cecil Street, Margate, Kent, CT9 1XZ Tel: +44 (0)1843 577000 Fax: +44 (0)1843 290906 DX 30555 (Margate) www.thanet.gov.uk

Chief Executive: Madeline Homer

Date: 11 May 2021 Ask For: James Clapson Direct Dial: (01843) 577200 Email: [email protected]

PLANNING COMMITTEE

19 MAY 2021

A meeting of the Planning Committee will be held at 6.00 pm on Wednesday, 19 May 2021 in the Council Chamber, Council Offices, Cecil Street, Margate, Kent.

Membership: Councillor Tomlinson (Chair); Councillors: Coleman-Cooke (Vice-Chair), Albon, J Bayford, Currie, Dennis, Garner, Hart, Keen, Moore, Paul Moore, Rusiecki, Scott and Wright.

A G E N D A

Item No

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST (Pages 3 - 4)

To receive any declarations of interest. Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda. If a Member declares an interest, they should complete the Declaration of Interest Form

3. MINUTES OF PREVIOUS MEETINGS

To approve the Minutes of the Planning Committee meetings held on 14 April 2021 and 21 April 2021, copies attached.

3a MINUTES OF THE PLANNING COMMITTEE MEETINGS HELD ON 14 APRIL 2021 (Pages 5 - 26)

3b MINUTES OF THE PLANNING COMMITTEE MEETINGS HELD 21 APRIL 2021 (Pages 27 - 42)

4. SCHEDULE OF PLANNING APPLICATIONS (Pages 43 - 48)

To consider the report of the Deputy Chief Executive, copy attached for Members of the Committee. Note: Copies of correspondence relating to applications received will be available for members’ perusal in the Members’ Room from 5.00pm on the Friday before the meeting until the date of the meeting.

Public Document Pack

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Item No

Subject

For Approval

4a A01 R/TH/20/0174 - WESTWOOD LODGE, POORHOLE LANE, BROADSTAIRS, CT10 2PP (Pages 49 - 102)

4b A02 F/TH/20/0969 - ADDINGTON HOUSE BUSINESS CENTRE, ADDINGTON PLACE, RAMSGATE, CT11 9JG (Pages 103 - 122)

4c A03 F/TH/20/1508 - LAND REAR OF 177 COLLEGE ROAD, MARGATE, KENT (Pages 123 - 150)

4d A04 F/TH/19/1548 - MOUNT PLEASANT LORRY PARK, TOTHILL STREET, MINSTER, RAMSGATE, KENT (Pages 151 - 168)

4e A05 L/TH/21/0286 - TELEPHONE KIOSKS THE SQUARE, BIRCHINGTON, CT7 9AF (Pages 169 - 174)

4f A06 F/TH/21/0082 - 47 GRANGE ROAD, RAMSGATE, CT11 9LR (Pages 175 - 180)

4g A07 FH/TH/21/0214 - 13 BERKELEY ROAD, BIRCHINGTON, CT7 9JR (Pages 181 - 188)

4h A08 TPO/TH/21/0114 - LAND ON THE SOUTH SIDE OF ALPHA ROAD, BIRCHINGTON, KENT (Pages 189 - 192)

4i A09 TPO/TH/21/0231 - 20 CHAPMAN FIELDS, RAMSGATE, CT12 5LB (Pages 193 - 196)

4j A10 F/TH/20/1418 - ENTRANCES 1,2,3 AND 4 EAST NORTHDOWN GARDEN AND BUSINESS CENTRE, EAST NORTHDOWN, GEORGE HILL ROAD, MARGATE, KENT (Pages 197 - 204)

4k A11 FH/TH/21/0199 - 21 SEACROFT ROAD, BROADSTAIRS, CT10 1TL (Pages 205 - 214)

For Refusal

4l R12 FH/TH/20/1474 - 23 WINDERMERE AVENUE, RAMSGATE, CT11 0PL (Pages 215 - 222)

4m R13 FH/TH/21/0275 - 21 FARRAR ROAD, BIRCHINGTON, CT7 0AQ (Pages 223 - 228)

Please scan this barcode for an electronic copy of this agenda.

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THANET DISTRICT COUNCIL DECLARATIONS OF INTEREST Do I have a Disclosable Pecuniary Interest and if so what action should I take? Your Disclosable Pecuniary Interests (DPI) are those interests that are, or should be, listed on your Register of Interest Form. If you are at a meeting and the subject relating to one of your DPIs is to be discussed, in so far as you are aware of the DPI, you must declare the existence and explain the nature of the DPI during the declarations of interest agenda item, at the commencement of the item under discussion, or when the interest has become apparent Once you have declared that you have a DPI (unless you have been granted a dispensation by the Standards Committee or the Monitoring Officer, for which you will have applied to the Monitoring Officer prior to the meeting) you must:-

1. Not speak or vote on the matter; 2. Withdraw from the meeting room during the consideration of the matter; 3. Not seek to improperly influence the decision on the matter. 4. Complete the declaration of interest form and submit it to Democratic Services.

Do I have a significant interest and if so what action should I take? A significant interest is an interest (other than a DPI or an interest in an Authority Function) which: 1. Affects the financial position of yourself and/or an associated person; or

Relates to the determination of your application for any approval, consent, licence, permission or registration made by, or on your behalf of, you and/or an associated person;

2. And which, in either case, a member of the public with knowledge of the relevant facts would reasonably regard as being so significant that it is likely to prejudice your judgment of the public interest.

An associated person is defined as:

A family member or any other person with whom you have a close association, including your spouse, civil partner, or somebody with whom you are living as a husband or wife, or as if you are civil partners; or

Any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors; or

Any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000;

Any body of which you are in a position of general control or management and to which you are appointed or nominated by the Authority; or

any body in respect of which you are in a position of general control or management and which: - exercises functions of a public nature; or - is directed to charitable purposes; or - has as its principal purpose or one of its principal purposes the influence of public

opinion or policy (including any political party or trade union) An Authority Function is defined as: -

Housing - where you are a tenant of the Council provided that those functions do not relate particularly to your tenancy or lease; or

Any allowance, payment or indemnity given to members of the Council;

Any ceremonial honour given to members of the Council

Setting the Council Tax or a precept under the Local Government Finance Act 1992

If you are at a meeting and you think that you have a significant interest then you must declare the existence and nature of the significant interest at the commencement of the

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Agenda Item 2

matter, or when the interest has become apparent, or the declarations of interest agenda item. Once you have declared that you have a significant interest (unless you have been granted a dispensation by the Standards Committee or the Monitoring Officer, for which you will have applied to the Monitoring Officer prior to the meeting) you must:- 1. Not speak or vote (unless the public have speaking rights, or you are present to make

representations, answer questions or to give evidence relating to the business being discussed in which case you can speak only)

2. Withdraw from the meeting during consideration of the matter or immediately after speaking.

3. Not seek to improperly influence the decision. 4. Complete the declaration of interest form and submit it to Democratic Services.

Gifts, Benefits and Hospitality Councillors must declare at meetings any gift, benefit or hospitality with an estimated value (or cumulative value if a series of gifts etc.) of £25 or more. You must, at the commencement of the meeting or when the interest becomes apparent, disclose the existence and nature of the gift, benefit or hospitality, the identity of the donor and how the business under consideration relates to that person or body. However you can stay in the meeting unless it constitutes a significant interest, in which case it should be declared as outlined above.

What if I am unsure? If you are in any doubt, Members are strongly advised to seek advice from the Monitoring Officer or the Committee Services Manager well in advance of the meeting.

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Agenda Item 2

Planning Committee

Minutes of the meeting held on 14 April 2021 at 5.15 pm in Online Only.

Present:

Councillor Michael Tomlinson (Chair); Councillors Coleman-Cooke, Albon, J Bayford, Currie, Dennis, Garner, Hart, Keen, Moore, Paul Moore, Rusiecki and Wright.

In Attendance:

Councillors Pugh and Rogers.

MINUTES SILENCE Members held a minutes silence in response to the passing of His Royal Highness Prince Philip the Duke of Edinburgh.

1. APOLOGIES FOR ABSENCE Apologies were received from Councillor Scott.

2. DECLARATIONS OF INTEREST There were no declarations of interest.

3. MINUTES OF PREVIOUS MEETING Councillor Rusiecki proposed, Councillor Albon seconded and Members agreed that the minutes of the Planning Committee Meeting held on 17 March 2021 be approved.

4. SCHEDULE OF PLANNING APPLICATIONS (a) A01 F/TH/20/1756 - 3 Viking Close BIRCHINGTON Kent CT7 9NH PROPOSAL: Erection of two storey three bedroom detached dwelling with associated access, parking and landscaping following demolition of existing bungalow. A statement from Mr Smith, in favour of the application was read out by the Legal Officer. A statement from Mr Blankley, objecting to the application was read out by the Legal Officer. It was proposed by the Chairman and seconded by the Vice Chairman: ‘THAT the officer’s recommendation be adopted, namely: That the application be APPROVED subject to the following conditions:

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Agenda Item 3a

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004). 2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered 006, 007, 008 009, 010 received 21 December 2020 and, 012 received 05 March 2021. GROUND: To secure the proper development of the area. 3 Prior to the first occupation of the development hereby permitted details of the cycle parking, which shall be in the form of shall be submitted to and approved in writing by the Local Planning Authority. GROUND: To promote cycling as an alternative form of transport, in accordance with Policy TP03 and SP43 of the Thanet Local Plan 4 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 first 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 and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan 5 The development hereby permitted shall be constructed using buff multi stock bricks and white, grey and sand coloured, render, application form in accordance with the 21 December 2020 received 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. 6 The first floor windows in the northern side elevation of the dwelling hereby approved shall be provided and maintained with obscured glass to a minimum level of obscurity to conform to Pilkington Glass level 4 or equivalent, and the window serving the ensuite for bedroom 2 shall be bottom hung; and shall be installed prior to the first occupation of the development hereby permitted and permanently retained thereafter.

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Agenda Item 3a

GROUND; To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan. 7 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. 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. 8 The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies. GROUND: Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.’ Upon being put to the vote, the motion was declared CARRIED. (b) A02 F/TH/20/1699 - East Cliff Bandstand Wellington Crescent

RAMSGATE Kent CT11 8JD PROPOSAL: Installation of a temporary artwork on the site for a maximum of 1 year. It was proposed by Councillor Albon, seconded by the Vice Chair and Members AGREED: ‘That the officer’s recommendation be adopted, namely: That the application be APPROVED subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004). 2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered 19116.201 Rev P1, 19116.301 Rev P1 and19116.302 Rev P1, and the submitted layout plan and block plan, received 09/12/2020.

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GROUND; To secure the proper development of the area. 3 At the expiration of a period 12 months from the date the installations are substantially completed, unless further permission has been granted, all works hereby approved shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority. GROUND; In view of the temporary nature of the proposal and the identified harm to the historic environment in accordance with policies SP36, HE02 and HE03 of the Thanet Local Plan and paragraphs 127 and 196 of the NPPF. 4 Prior to the commencement of any development on site details to include the following shall be submitted to and approved by the Local Planning Authority and should be carried out in accordance with the approved details. (a) Routing of construction and delivery vehicles to / from site (b) Parking and turning areas for construction and delivery vehicles and site personnel (c) Timing of deliveries (d) Temporary traffic management / signage (e) Measures to control noise affecting nearby residents (f) Dust control measures (g) Access arrangements (h) A pre-start highway condition survey for the area of highway footway that the Hiab will need to cross to gain access/egress (i) Evidence to support the structural adequacy of the promenade and supporting structure to resist the additional loads applied by the construction and delivery vehicles 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.’ (c) A03 L/TH/20/1700 - East Cliff Bandstand Wellington Crescent

RAMSGATE Kent CT11 8JD PROPOSAL: Application for Listed Building Consent for the installation of a temporary artwork on the site for a maximum of 1 year. A statement from Ms Martin, in favour of the application was read out by the Legal Officer.

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Agenda Item 3a

It was proposed by the Chairman and seconded by the Vice Chairman: ‘THAT the officer’s recommendation be adopted, namely: That the application be APPROVED subject to the following conditions: 1 The works hereby permitted shall be begun before the expiration of three years from the date of this permission. GROUND; In pursuance of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered 19116.201 Rev P1, 19116.301 Rev P1 and19116.302 Rev P1, and the submitted layout plan and block plan, received 09/12/2020. GROUND; To secure the proper development of the area. 3 At the expiration of a period 12 months from the date the installations are substantially completed, unless further permission has been granted, all works hereby approved shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority. GROUND; In view of the temporary nature of the proposal and the identified harm to the historic environment in accordance with policies SP36 and HE03 of the Thanet Local Plan and paragraphs 127 and 196 of the NPPF. 4 Prior to the installation of any signage or information pertaining to the development, details of the size, location, materials and appearance of these shall be submitted to, and approved in writing by, the Local Planning Authority. The works shall be carried out in accordance with the approved details. GROUND; To secure the proper development of the area and safeguard the historic environment in accordance with policies SP36 and HE03 of the Thanet Local Plan and paragraphs 127 and 196 of the NPPF.’ Upon being put to the vote, the motion was declared CARRIED. (d) R05 F/TH/21/0138 - 51 London Road RAMSGATE Kent CT11 0DD

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Agenda Item 3a

PROPOSAL: Retrospective application for variation of conditions 2 and 3 of planning consent FH/TH/19/1570 'Erection of single storey front extension with balcony to flat roof of extension' to allow change to external materials. A statement from Mr Brown, in favour of the application was read out by the Legal Officer. Councillor Rogers spoke as Ward Councillor. It was proposed by the Chairman and seconded by the Vice Chairman: ‘THAT the officer’s recommendation be adopted, namely: That the application be REFUSED for the following reason: 1 The development, by virtue of the colour and finish of the cladding to the extension and front facade, exacerbated by the dwelling’s prominent corner position and location in the road results in a visually intrusive, incongruous and discordant form of development, which is architecturally unrelated to the application property, is detrimental to the character and appearance of the area, and contrary to Policy QD02 of the Thanet Local Plan and paragraphs 127 and 130 of the National Planning Policy Framework’ Upon being put to the vote, the motion was declared CARRIED. (e) D06 OL/TH/18/1488 - Land On The West Side Of Tothill Street

Minster RAMSGATE Kent Councillor Pat Moore left the meeting during consideration of this item. PROPOSAL: Outline application for the erection of up to 214no. dwellings, cemetery expansion, and associated access, with all other matters reserved. A statement from Mr Hodgson, in favour of the application was read out by the Legal Officer. A statement from Mr and Mrs Portanier, objecting to the application was read out by the Legal Officer. A statement from Ms Fairbrass, objecting to the application was read out by the Legal Officer. A statement from Mr Murray, objecting to the application was read out by the Legal Officer. Councillor Pugh spoke as Ward Councillor. It was proposed by the Chairman and seconded by the Vice Chairman: ‘THAT the officer’s recommendation be adopted, namely:

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Agenda Item 3a

That the application be DEFERRED AND DELEGATED for approval subject to the receipt of a legal agreement securing the required planning obligations as detailed in the report and the following conditions: 1 Approval of the details of the layout, scale and appearance of any buildings to be erected, and the landscaping of the site, (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 The proposed development shall be carried out in accordance with the submitted application as amended by the revised site access plan numbered 8949-GA-001 Rev P5, and the revised highway mitigation works plan numbered 8949-GA-002 Rev B, received 13 March 2019; the revised parameter plan numbered 365_198_002 Rev B, received 1st February 2019; and the emergency access plan numbered 8949-SK-002 Rev B, received 31 October 2018. GROUND: To secure the proper development of the area.

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Agenda Item 3a

6 No development shall take place (including any ground works, site or vegetation clearance) until a method statement for has been submitted to and approved in writing by the local planning authority. The content of the method statement shall include the: a) Purpose and objectives for the proposed works: b) Detailed design(s) and/or working method(s) necessary to achieve stated objectives; c) Extent and location of proposed works, including the identification of a suitable receptor site, shown on appropriate scale maps and plans; d) Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction; e) Persons responsible for implementing the works, including times during construction when specialist ecologists need to be present on site to undertake / oversee works; f) Use of protective fences, exclusion barriers and warning signs; g) Initial aftercare and long-term maintenance (where relevant); h) Disposal of any wastes for implementing work. The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter. GROUND: In order to safeguard protected species that may be present, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF. 7 As part of the first submission of the reserved matters application for the development hereby permitted, an air quality emissions statement that provides details of how the air quality damage costs, as calculated within the emission mitigation assessment reference PBA 37720/3007, dated July 2018, are to be used to achieve air quality improvements through the development, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. GROUND: To protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and advice contained within the National Planning Policy Framework 8 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.

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Agenda Item 3a

GROUND: To protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and the advice as contained within the NPPF 9 A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the first occupation of the development. The content of the LEMP shall include the following: a) Description and evaluation of features to be managed; b) Ecological trends and constraints on site that might influence management; c) Aims and objectives of management; d) Appropriate management options for achieving aims and objectives; e) Prescriptions for management actions, together with a plan of management compartments; f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period; g) Details of the body or organisation responsible for implementation of the plan; h) Ongoing monitoring and remedial measures. The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details. GROUND: To ensure the long term management of habitats, species and other biodiversity features, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF. 10 Details to be submitted in pursuant of condition 1 above for landscaping shall include an ecological enhancement plan demonstrating what ecological enhancements will be incorporated into the site. The enhancements must be incorporated into the site as approved prior to the first occupation of the development hereby permitted. GROUND: To enhance biodiversity, in accordance with Policy SP30 of the Thanet Local Plan and advice as contained within the NPPF. 11 If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination shall be fully assessed and an appropriate remediation scheme agreed with the

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Agenda Item 3a

Local Planning Authority. The approved works shall be implemented within a timetable agreed by the Local Planning Authority and shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment, including controlled waters. Prior to first occupation/use and following completion of approved measures, a verification report shall be submitted to the Local Planning Authority for approval. GROUND: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 12 No drainage systems for the infiltration of surface water drainage into the ground are 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. The development shall be carried out in accordance with approved details. GROUND: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 13 Any facilities for the storage of oils, fuels or chemicals shall be provided with secondary containment that is impermeable to both the oil, fuel or chemical and water, for example a bund, details of which shall be submitted to the local planning authority for approval. The minimum volume of the secondary containment should be at least equivalent to the capacity of the tank plus 10%. If there is more than one tank in the secondary containment the capacity of the containment should be at least the capacity of the largest tank plus 10% or 25% of the total tank capacity, whichever is greatest. Al fill points, vents, gauges and sight gauge must be located within the secondary containment. The secondary containment shall have no opening used to drain the system. Associated above ground pipework should be protected from accidental damage. Below ground pipework should have no mechanical joints, except at inspection hatches and either leak detection equipment installed or regular leak checks. All fill points and tank vent pipe outlets should be detailed to discharge downwards into the bund. GROUND: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

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Agenda Item 3a

14 The details to be submitted in pursuant of condition 1 above shall show no development (other than the vehicular access road) within the area identified on the parameter plan reference 365_198_002 Rev B as the archaeological exclusion zone, or the area north of this zone. Full details of any landscaping/planting proposed within this area shall be provided as part of the landscaping reserved matters application. GROUND: To ensure that due regard is had to the preservation in situ of important archaeological remains. in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 15 No development shall take place until protective fencing has been erected around the archaeological exclusion zone (excluding the access point), in accordance with details to be submitted to, and approved in writing by, the Local Planning Authority. The protective fencing shall be installed prior to the commencement of works on site, including site clearance, and shall remain in situ throughout the construction period. GROUND: To ensure that due regard is had to the preservation in situ of important archaeological remains. in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 16 Prior to the first occupation of the development hereby approved, a scheme detailing the arrangements for the interpretation of the archaeology within the development site shall be submitted to, and approved in writing by, the Local Planning Authority. Examples of how to relay and interpret the archaeology and history of the site can include, but are not limited to, the use of materials, landscaping, public art and the provision of historical interpretation boards. The details submitted pursuant to this condition shall include location, design, dimensions and materials of any fixed interpretation and a timetable for their implementation. The interpretation scheme shall be carried out in full accordance with the approved details and timetable and maintained in accordance with the approved details. GROUND: To ensure the development makes a positive contribution to local character and distinctiveness, through historical interpretation, in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 17 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority. GROUND: To ensure that features of archaeological interest are properly examined and recorded in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

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Agenda Item 3a

18 Within 9 months of the completion of the on-site archaeological mitigation works referred to in condition 17 above, a Post Excavation Assessment Report shall be submitted to and approved in writing by the local planning authority. The Post-Excavation Assessment Report shall include an Updated Project Design and accompanying timetable for further analysis, publication and archive deposition of the findings of the archaeological investigations. The archaeological publication shall be produced in accordance with the programme and timetable set out in the report. GROUND: To ensure that features of archaeological interest are properly examined and recorded in accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 19 Prior to the commencement of the development hereby approved, a scheme to demonstrate that the internal noise levels within the residential units and the external noise levels in back gardens and other relevant amenity areas will conform to the standard identified by BS 8233 2014, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. The work specified in the approved scheme shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter. GROUND: In the interests of amenity for future occupiers in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF 20 No development shall take place until details of the means of foul drainage have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with such details as are agreed and thereafter maintained. GROUND: To protect the district's groundwater, in accordance with Policy SE04 of the Thanet Local Plan, and the advice contained within the National Planning Policy Framework. 21 Details to be submitted in pursuant of Condition 1 above for layout shall demonstrate that the requirements for surface water drainage for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm can be accommodated within the proposed development layout. GROUND: To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding, in accordance with Policy CC02 of the Thanet Local Plan and advice contained within the NPPF

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22 Development shall not begin in any phase until a detailed sustainable surface water drainage scheme for the site has been submitted to (and approved in writing by) the local planning authority. The detailed drainage scheme shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of without increase to flood risk on or off-site. The design shall promote the use of infiltration SuDS and shall only dispose of surface water off-site for those parts of the site where infiltration presents an unacceptable risk to controlled waters. The drainage scheme shall also demonstrate (with reference to published guidance): . that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters. . appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker. The drainage scheme shall be implemented in accordance with the approved details. GROUND: To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding, in accordance with Policy CC02 of the Thanet Local Plan and advice contained within the NPPF 23 No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved by the Local Planning Authority. The Report shall demonstrate the suitable modelled operation of the drainage system where the system constructed is different to that approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed. GROUND: To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding, in accordance with Policy CC02 of the Thanet Local Plan and advice contained within the NPPF 24 If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination shall

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be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. The approved works shall be implemented within a timetable agreed by the Local Planning Authority and shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment, including controlled waters. Prior to first occupation/use and following completion of approved measures, a verification report shall be submitted to the Local Planning Authority for approval. GROUND: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 25 Piling or any other foundation designs using penetrative methods shall not be 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 groundwater. 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 Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 26 Prior to the commencement of any development on site details to include the following shall be submitted to and approved by the Local Planning Authority and should be carried out in accordance with the approved details. (a) Routing of construction and delivery vehicles to / from site (b) Parking and turning areas for construction and delivery vehicles and site personnel (c) Timing of deliveries (d) Provision of wheel washing facilities (e) Temporary traffic management / signage (f) Measures to control noise affecting nearby residents (g) Dust control measures (h) Access arrangements GROUND: In the interests of highway safety and neighbouring amenity, in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF. 27 The development hereby permitted shall incorporate measures to prevent the discharge of surface water onto the highway.

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GROUND: In the interests of highway safety, in accordance with the advice contained within the NPPF. 28 The development hereby approved shall incorporate a bound surface material for the first 5 metres of the access from the edge of the highway. GROUND: In the interests of highway safety, in accordance with the advice contained within the NPPF. 29 Prior to the first use of the cemetery hereby permitted, a monitoring and maintenance plan in respect of the cemetery, including a timetable for monitoring and the submission of reports to the Local Planning Authority, shall be submitted to, and approved in writing by, the Local Planning Authority. The reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to, and approved in writing by, the Local Planning Authority. GROUND: To ensure that the site does not pose any further risk to the water environment by managing anyon-going pollution issues, in line with paragraph 170 of the National Planning Policy Framework. 30 Prior to the first occupation of the development hereby permitted, the site access onto Tothill Street and associated improvements, along with the pedestrian uncontrolled crossing point, as shown on drawing numbered 8949-GA-001 Rev. P5, and the emergency access onto Greenhill Gardens, as shown on drawing numbered 8949-SK-002 Rev B (or amended as agreed in writing by the Local Planning Authority), shall be completed and made operational. GROUND: In the interests of highway safety. 31 Prior to the first occupation of the development here permitted, the improvements to the Tothill Street approach to the Minster Roundabout, as shown on drawing numbered 8949-GA-002 Rev. B (or amended as agreed in writing by the Local Planning Authority), shall be completed and made operational. GROUND: In the interests of highway safety. 32 Prior to the first occupation of the dwelling the following works between the dwelling and the adopted highway shall be complete (a) Footways and/or footpaths, with the exception of the wearing course; (b) Carriageways, with the exception of the wearing course but including a turning facility, highway drainage, visibility splays, street lighting, street nameplates and highway structures (if any).

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GROUND: In the interests of highway safety, and the living conditions of future occupants, in accordance with Policy QD03 of the Thanet Local Plan, and advice as contained within the NPPF. 33 Prior to the first occupation of the development hereby granted a Travel Plan and a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The agreed programme shall thereafter be implemented in full. GROUND: To facilitate the use of alternative means of transport in accordance with Policy TP01, SP43 and the advice contained within the NPPF. 34 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 first 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 and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan 35 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 36 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:

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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. 37 The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies. GROUND: Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan. 38 Details to be submitted in pursuant of condition 1 above shall include an Open Space Specification, which shall accord with the principles as shown within the submitted Landscape Strategy Plan no. 37720-3003-04. The Open Space Specification shall: - Identify the location and extent of the main areas of formal and informal open space to be provided, which shall accord with the minimum requirements as set out within Policy GI04 of the Thanet Local Plan; - Outline any local play space to be provided, providing also a detailed specification of any equipped play areas. Such play space shall be provided at a rate of at least 0.85 hectares per 1000 population (following criteria as stated in Thanet Local Plan 2020 Policy GI04) of which at least 0.25 hectares shall be equipped play area in accordance with the Local Planning Authority's Supplementary Planning Document "Planning Obligations and Developer Contributions - April 2010 - Identify how the relevant areas of public open space and play areas are to be laid out, paved, planted or equipped; and The landscaped areas, open space and play space shall be laid out and implemented in accordance with approved plans and shall be permanently retained thereafter and used for and made available for public amenity and play space purposes only. GROUND: In the interests of the visual amenities of the area and to adequately integrate the development into the environment, and provide local play space, in accordance with Policies QD02, GI04 and GI06 of the Thanet Local Plan and guidance within the National Planning Policy Framework. 39 All dwellings hereby permitted shall be provided with the ability for connection to Superfast Fibre Optic Broadband 'fibre to the premises', where there is adequate capacity. GROUND:

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To serve the future occupants of the development in accordance with Thanet Local Plan Policy SP14 and the guidance within the National Planning Policy Framework. 40 Prior to the installation of any external lighting a "lighting design strategy for biodiversity" for the site boundaries has been submitted to and approved in writing by the local planning authority. The lighting strategy shall a)Identify those areas/features on site that are particularly sensitive for badgers and bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory; b) Show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory. c)Details of the types of lighting to be used including their fittings, illumination levels and spread of light All external lighting shall be installed in accordance with the specifications and locations set out in the strategy and these shall be maintained thereafter in accordance with the strategy. GROUND: In order to limit the impact upon protected species that may be present, in accordance with Policy SP30 of the Thanet Local Plan and the advice as contained within the NPPF. 41 Prior the construction of the external surfaces of the development hereby approved samples of the materials to be used 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 42 The details to be submitted in pursuant of condition 1 above for scale shall show no development exceeding 1.5 storeys in height in the area as annotated on the approved parameters plan; and all other development not exceeding 2-storeys in height to eaves level. GROUND: To limit the impact upon the character and appearance of the area and neighbouring amenity, in accordance with Policies QD02 and QD03 of the Thanet Local Plan. 43 The details to be submitted in pursuant of condition 1 above shall show all units in compliance with the Nationally Described Space Standards as set out within Policy QD04 of the Thanet Local Plan; and accessible and

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adaptable accommodation provided in accordance with Policy QD05 of the Thanet Local Plan. GROUND: To achieve high standards of living accommodation in accordance with Policies QD03, QD04 and QD05 of the Thanet Local Plan. 44 The details to be submitted in pursuant of condition 1 above for landscaping shall include details of all existing boundary treatments where the site adjoins neighbouring residential properties, and details of new boundary treatment required in order to achieve secure and private boundary treatment for both existing and future occupiers. GROUND: To achieve secure and private amenity space for existing and future occupiers, in accordance with Policy QD03 of the Thanet Local Plan.’ Upon being put to the vote, the motion was declared CARRIED. (f) A04 F/TH/21/0045 - 13 Linden Avenue BROADSTAIRS Kent CT10

1HR Councillor Rusiecki left the meeting during consideration of this item. PROPOSAL: Part retrospective application for the variation of condition 2 for the approved planning permission for F/TH/20/0042 for the erection of 2No. two storey dwellings together with alterations to existing dwelling, including new roof structure to provide additional floor space to allow alterations to the design and scale of plot 3. It was proposed by the Chair and seconded by the Vice Chair: ‘That the officer’s recommendation be adopted, namely: That the application be APPROVED subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004). 2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered 20.1557.PL08 Rev C, 20.1557.PL09 Rev C, 20.1557.PL10 Rev C, 20.1557.PL11 Rev B, 20.1557.PL12 Rev C received 12th March 2020, and numbered 20.1557.PL03 Rev E, 20.1557.PL13 Rev I and, 20.1557.PL14 Rev H received 13 January 2021. GROUND; To secure the proper development of the area.

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3 Plot 3 hereby permitted shall be constructed in accordance with the submitted materials schedules numbered 20.1557.M01 Rev B and 20.1557.M02 Rev B received 26 March 2021 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. 4 Prior to the construction of the external surfaces of Plot 2 hereby approved samples of the materials to be used 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 QD02 of the Thanet Local Plan. 5 The external materials and external finishes to be used in the extension and alterations to the existing dwelling 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 QD02 of the Thanet Local Plan. 6 No further alterations to the roofs, or extensions to the existing dwelling or approved dwellings hereby permitted, whether approved by the provisions of Schedule 2, Part 1, Classes A, B or C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), shall be carried out without the prior permission in writing of the Local Planning Authority. GROUND: To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties and the amenity of the future occupiers of the site in accordance with policies QD03 and QD04 of the Thanet Local Plan. 7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order), no windows or other openings shall be inserted in the first floor side or rear elevation of the plot 3 hereby approved without the prior written permission of the Local Planning Authority. GROUND; To safeguard the privacy and amenities currently enjoyed by the occupiers of adjoining residential properties in accordance with Policy QD03 of the Thanet Local Plan.

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8 Prior to the first occupation of the new dwellings, the area shown for the parking and manoeuvring of vehicles shall be operational. The area approved shall thereafter be maintained for that purpose. GROUND; Development without adequate provision for the parking or turning of vehicles is likely to lead to parking inconvenient to other road users and detrimental to amenity and in pursuance of policy QD02 of the Thanet Local Plan. 9 The development hereby approved shall incorporate a bound surface material for the first 5 metres of the access from the edge of the highway. GROUND; In the interests of highway safety. 10 Prior to the first occupation of the new dwellings hereby approved secure cycle parking facilities shall be provided in the rear garden and thereafter maintained. GROUND; In the interests of promoting increased cycling in accordance with policy TP03 of the Thanet Local Plan’ 11 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. 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. 12 The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies. GROUND Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.’ Upon being put to the vote the motion was declared CARRIED. Meeting concluded: 8.05pm

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Planning Committee

Minutes of the meeting held on 21 April 2021 at 5.15 pm Online Only.

Present:

Councillor Michael Tomlinson (Chair); Councillors Coleman-Cooke, Albon, J Bayford, Currie, Dennis, Garner, Hart, Moore, Paul Moore, Rusiecki, Scott and Wright.

In Attendance:

Councillors Boyd, Farrance, Gregory and Pugh.

1. APOLOGIES FOR ABSENCE

Apologies were received from Councillor Keen

2. DECLARATIONS OF INTEREST There were no declarations of interest.

3. SCHEDULE OF PLANNING APPLICATIONS (a) D01 OL/TH/20/0847 - Land On The North West and South East

Sides of Shottendane Road MARGATE Kent PROPOSAL: Outline application for the erection of up to 450 residential dwellings (including market and affordable housing), structural planting and landscaping, formal and informal public open space and children's play area, sustainable urban drainage, with vehicular access points, including associated ancillary works and operations, from Hartsdown Road, Shottendane Road and Manston Road including access. A statement from Mr Ball, in favour of the application was read out by the Legal Officer. A statement from Mr Dickman, objecting to the application was read out by the Legal Officer. A statement from Mrs Channing, objecting to the application was read out by the Legal Officer. A statement from Mr Woodward, objecting to the application was read out by the Legal Officer. Councillor Gregory spoke as Ward Councillor. Councillor Farrance spoke as Ward Councillor. Councillor Boyd spoke under council procedure 20.1. Councillor Pugh spoke under council procedure 20.1.

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It was proposed by the Chairman and seconded by the Vice Chairman: ‘THAT the officer’s recommendation be adopted, namely: That the application be DEFERRED AND DELEGATED for approval subject to the receipt of a legal agreement securing the required planning obligations as detailed in the report and the following conditions: 1 Approval of the details of the layout, scale, appearance of any buildings to be erected and the landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority. Development thereafter shall be carried out in accordance with the approved details. GROUND: As no such details have been submitted in respect of these matters as the application is in outline. In accordance with Section 92 of the Town and Country Planning Act 1990. 2 Any application for approval of the reserved matters for the first phase of the development shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission. Any application for approval of the reserved matters for any remaining phases shall be made to the Local Planning Authority before the expiration of 5 years from the date of this permission. GROUND: In accordance with Section 92 of the Town and Country Planning Act 1990. 3 Each phase of the development shall be begun within two years of the date of approval of the final reserved matters to be approved for that phase. GROUND: In accordance with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). 4 The phasing of the development shall not be carried out other than in accordance with the approved Phasing Parameter Plan numbered 2019-057-201 Rev A and received on 18th January 2021 subject to any revisions to the approved phasing plan submitted and approved in writing by the Local Planning Authority pursuant to this condition. This condition does not prevent the construction periods of any phase running concurrently with other phases. GROUND: To secure the programming and phasing of, and an orderly pattern to the development in accordance with the phasing arrangements that have been assessed. 5 The reserved matters submitted in accordance with Condition 1 in respect of each phase shall include the following details in respect of that phase to the extent that they are relevant to the reserved matters application in question:-

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Layout o The layout of routes, buildings and spaces; o The block form and organisation of all buildings; o The distribution of market and affordable dwellings within that phase including a schedule of dwelling size (by number of bedrooms and floorspace); o The location of dwellings designed to seek to meet the Local Planning Authority's Accessible and Adaptable Accommodation; o Full details of the approach to cycle parking including the location, distribution, types of rack, spacing and any secure or non-secure structures associated with the storage of cycles and the location and form of open areas; o The extent and layout of public open spaces and play space within the phase to be provided following the criteria as stated in Thanet Local Plan 2020 Policy GI04. o Full details of measures to prevent the discharge of surface water onto the highway. o Details of surface water drainage capable of accommodating for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm. This should be demonstrated within an outline site wide drainage strategy, supported by appropriate ground investigation and calculations. Scale and Appearance Scale, form and appearance of the architecture within each phase, including frontage design and public / private realm definition and boundary treatments. Landscaping The landscape design and specification of hard and soft landscape works within each phase, including details surveys of all trees, shrubs and hedges in that phase, giving details of all trees having a trunk diameter of 75mm or more to include species type, spread of crown, height, diameter of trunk and condition assessment, details of existing trees, shrubs and hedges to be retained and 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, details of walls, fences, other means of enclosure proposed. Any such details shall be accompanied by the Landscape Management Plan and Open Space Specification for that phase. Each phase of the development shall be constructed and laid out in accordance with those details submitted to and approved in writing by the Local Planning Authority. GROUND: In the interests of achieving sustainable development, in accordance with Thanet Local Plan Policy QD02, and the principles within the National Planning Policy Framework.

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6 Any reserved matters applications submitted pursuant to this outline application shall accord with the principles and parameters of the Parameter Plan CSA/4430/122 Rev C, and Landscape Strategy Plan no. CSA/4430/118 Rev F received 13th November 2020 including any text set out on those Plans to illustrate the development principles). GROUND: For the avoidance of doubt, so as to ensure that any development is in accordance with and within the parameters of that assessed by the Local Planning Authority for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and in the interest of achieving sustainable development, in accordance with Thanet Local Plan Policy QD02, and the principles with the National Planning Policy Framework. 7 The development hereby approved shall be carried out in accordance with the approved plans no. SK09 Rev E received 12th March 2021, SK10 Rev A and SK11 received 7th July 2020, subject to final design and highway authority adoption requirements. GROUND: To secure the proper development hereby approved and in the interests of highway safety and providing adequate safe highways infrastructure and capacity in accordance with Thanet Local Plan Policies SP21 and SP45. 8 Prior to the commencement of each phase, or part thereof, an Open Space Specification for the phase shall be submitted to and approved in writing by the Local Planning Authority, to accord with principles shown in plan no. CSA/4430/118 Rev F. The Open Space Specification shall: * Identify the location and extent of the main areas of formal and informal open space to be provided which shall accord with the details submitted under condition 1; * Outline any local play space to be provided, providing also a detailed specification of any equipped play areas. Such play space shall be provided following the criteria as stated in Thanet Local Plan 2020 Policy GI04 of which at least 36% shall be equipped play area in accordance with the Local Planning Authority's Supplementary Planning Document "Planning Obligations and Developer Contributions - April 2010 * Identify how the relevant areas of public open space and play areas are to be laid out, paved, planted or equipped; * Identify and demonstrate the “Trim Trail” proposed through plan CSA/4430/118 Rev F to encourage dog-walking within the site; and The landscaped areas, open space and play space in any phase shall be laid out and implemented in accordance with approved plans and shall be permanently retained thereafter and used for and made available for public amenity and play space purposes only.

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GROUND: In the interests of the visual amenities of the area and to adequately integrate the development into the environment, and provide local play space, in accordance with Policies QD02, GI04 and GI06 of the Thanet Local Plan and guidance within the National Planning Policy Framework. 9 Prior to the commencement of each phase, or part thereof, a Landscape Management Plan for the phase in question shall be submitted to and approved in writing by the Local Planning Authority for all landscaped, open space and play areas identified in the Open Space Specification for the phase which shall include long term design objectives, details of who it to have ongoing management responsibilities for the area and how those arrangements will be secured in perpetuity and annual maintenance schedules for all landscaped, open space and play areas within the phase. The approved Landscape Management Plan for each phase shall be implemented and adhered to as approved subject to any minor revisions thereto as may be approved in writing by the Local Planning Authority. The public open spaces in that phase shall be permanently retained and maintained thereafter in accordance with the approved Landscape Management Plan for that phase and used for and made available as public open space for public amenity purposes only. GROUND: In the interests of the visual amenities of the area and to adequately integrate the development into the environment, and provide local play space, in accordance with Policies QD02, GI04 and GI06 of the Thanet Local Plan and guidance within the National Planning Policy Framework. 10 No development shall take place until fencing has been erected around the area identified as an Archaeological Exclusion Zone on plan no. CSA/4430/122 Rev C received 13th November 2020, in a manner to be agreed with the Local Planning Authority. The temporary fencing shall be retained for the duration of the construction works in that phase, or part thereof. No development groundworks, landscaping or planting shall take place in the Archaeological Exclusion Zone without the consent of the Local Planning Authority. GROUND: To ensure that due regard is had to the preservation in situ of important archaeological remains in accordance with Thanet Local Plan Policy HE01 and advice in paragraph 189 of the National Planning Policy Framework. 11 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority. GROUND: To ensure that due regard is had to the preservation in situ of important archaeological remains in accordance with Thanet Local Plan Policy HE01 and advice in paragraph 189 of the National Planning Policy Framework.

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12 Prior to the occupation of any dwelling in a respective phase, a scheme of interpretation that includes information boards in public open space areas in that phase of the development should be agreed with the Local Planning Authority. The scheme should include the location for information boards, their content and timetable for their establishment. The interpretation boards will be established in accordance with the agreed scheme. GROUND: To ensure that due regard is had to important archaeological remains in accordance with Thanet Local Plan Policy HE01 and advice in paragraph 189 of the National Planning Policy Framework. 13 No development shall take place on each respective phase of development until a detailed surface water drainage scheme, to manage surface water run-off from the development (for up to and including the climate change adjusted 100 year storm event) for that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the Section 6 of the submitted Flood Risk Assessment (Enzygo, May 2020) and shall also include: the phasing for the implementation of the surface water drainage scheme. Appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker. The scheme shall be constructed in full accordance with the approved details and shall be managed/maintained in accordance with the approved maintenance and management details for the lifetime of the development. GROUND: To ensure the development is served by satisfactory arrangements for the disposal of surface water and they are incorporated into the proposed layouts, in accordance with Thanet Local Plan Policy CC02. 14 No infiltration of surface water drainage into the ground is permitted other than with the written consent of the Local Planning Authority. Where infiltration is to be used to manage the surface water from the development hereby permitted, it will only be allowed within those parts of the site where information is submitted to demonstrate to the Local Planning Authority's satisfaction that there is no resultant unacceptable risk to controlled waters and/or ground stability. The development shall only then be carried out in accordance with the approved details. GROUND: To protect vulnerable groundwater resources, in accordance with Thanet Local Plan Policy SE04 and paragraph 180 of the National Planning Policy Framework. 15 No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report pertaining to surface water drainage systems, carried out by a suitably qualified professional, has been submitted to the Local Planning Authority which demonstrates the suitable modelled operation of the drainage

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system such that flood risk is appropriately managed, as approved by the Lead Local Flood Authority. GROUND: To ensure that flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property and ecological systems, and to ensure that the development as constructed is compliant with and subsequently maintained pursuant to the requirements of paragraph 165 of the National Planning Policy Framework. 16 No development shall take place until a scheme for sewerage disposal from the development has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include details of any additional infrastructure required to mitigate the additional flows created by this development. The development shall be constructed and thereafter maintained in accordance with the approved details. GROUND: To prevent pollution in accordance with Thanet Local Plan Policy SE04 and guidance contained within the National Planning Policy Framework. 17 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 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,

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and shall be submitted to and approved in writing by the Local Planning Authority, if required by part (a) of the condition. 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 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 Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 18 If, during development, significant contamination is suspected or found to be present at the site, then works shall cease, and this contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. The approved works shall be implemented within a timetable agreed by the Local Planning Authority and shall be of such a nature as to render harmless the identified contamination given the proposed end use of the site and surrounding environment, including controlled waters. Prior to first occupation/use and following completion of approved measures, a verification report shall be submitted to the Local Planning Authority for approval. GROUND: To ensure that the proposed development will not cause harm to human health or pollution of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework. 19 No development shall take place on any phase until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall include amongst other matters details of: * Hours of construction working; * routing of construction and delivery vehicles to/from site, * parking and turning areas for construction and delivery vehicles and site personnel,

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Agenda Item 3b

* timing of deliveries, * measures to control noise affecting nearby residents; * temporary traffic management/signage, * any temporary access arrangements to the site for construction purposes, * wheel cleaning/chassis cleaning facilities; * dust control measures; * lighting control measures; * water quality protection measures; * precautionary measures to protect Badgers (as per section 7.5.39 of submitted Environmental Statement) * maintenance of vehicular access to Margate Cemetery, Crematorium and Waste & Recycling centre throughout construction. * pollution incident control and * site contact details in case of complaints. The construction works shall thereafter be carried out at all times in accordance with the approved Construction Environmental Plan, unless any variations are otherwise first submitted to and approved in writing by the Local Planning Authority. GROUND: In the interests of highways safety and the residential amenities of nearby residents, in accordance with Policy QD02 and QD03 of the Thanet Local Plan. 20 No development shall take place on any phase (or part thereof) until a Highways Work Phasing Plan, outlining the implementation of highways works detailed in condition 21, has been submitted to and approved in writing by the Local Planning Authority. The Highways Work Plan should include details of the mitigation proposed in that phase (or part thereof) including the new link road through the site plus its associated access points and footways, how these will be completed and made operational. The works shall be carried out in accordance with the agreed phasing plan including the timings for the provision of each respective element of infrastructure. GROUND: In the interests of highway safety and traffic flow, to ensure the sufficient highways infrastructure is provided to serve the development in accordance with Thanet Local Plan Policies SP21 and SP45. 21 No development shall take place in any respective phase, until full final details of the proposed highways works have been submitted to, and approved in writing by, the Local Planning Authority. These details shall include: - Local distributor standard link road - Potential 32m Roundabout Junction on Manston Road; - Potential 40m Roundabout Junction on Shottendane Road; - Right turn lane Priority Junction on Hartsdown Road. All submitted details shall substantially accord with the geometrical layout as those submitted in the plans numbered plans no. SK09 Rev E received 12th March 2021, SK10 Rev A and SK11 received 7th July 2020.

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Agenda Item 3b

These works shall be implemented and operational in accordance with the timings within the Highways work phasing plan in condition 20. GROUND: In the interests of highway safety and traffic flow, to ensure the sufficient highways infrastructure is provided to serve the development in accordance with Thanet Local Plan Policies SP21 and SP45 22 Details submitted pursuant to condition 1, insofar as they relate to each phase of development, shall include the final route, specification, geometry and waiting restrictions of the link road through the site within the area of deviation shown on the parameter plan. The link road and associated footway/cycleways, should be provided to an acceptable local distributor standard in accordance with the most up to date revision of the Kent Design Guide and include details of the pedestrian crossing provision and bus stop infrastructure where appropriate. These works shall be implemented and operational in accordance with the timings with the Highway Works Phasing Plan. GROUND: In the interests of highway safety and traffic flow, to ensure the sufficient highways infrastructure is provided to serve the development in accordance with Thanet Local Plan Policies SP21 and SP45. 23 Details pursuant to condition 1 above shall include the provision of means and routes of access for pedestrians and cyclists within each phase of the development to and from the surrounding footway and cycleway network. No building within that phase shall be occupied until all such routes and means of access within the phase serving that building are constructed and ready for use and thereafter shall be retained 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 Policies SP45 and TP03. 24 Details submitted pursuant to condition 1 in respective of each phase of the development, shall demonstrate safe emergency access to the satisfaction of the Local Highway Authority and Fire Rescue Service. GROUND: In the interests of safe access in new development in accordance with Thanet Local Plan Policy QD02 and paragraph 127 of the National Planning Policy Framework. 25 Details submitted pursuant to condition 1 in respective of each phase of the development, shall include the proposed roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, driveway gradients, car parking, turning areas and street furniture and bus stops/borders to be laid out and constructed. The details agreed shall be provided and permanently retained.

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Agenda Item 3b

GROUND: In the interests of highway safety and traffic flow, to ensure the sufficient highways infrastructure is provided to serve the development in accordance with Thanet Local Plan Policies SP21 and SP45. 26 Details pursuant to condition 1, insofar as they relate to each phase of development, shall include the provision of adequate secure covered cycle parking facilities within that phase, in accordance with standards to be agreed with the Local Planning Authority. Such facilities as approved shall be made available for use prior to the occupation of the unit for which they are provided to meet relevant parking and layout standards, and thereafter shall be retained 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 TP03. 27 Prior to first occupation of each respective dwelling, the completion of the following works between a dwelling and the adopted highway should have occurred in accordance with details submitted pursuant to condition 1: (a) Footways and/or footpaths, with the exception of the wearing course; (b) Carriageways, with the exception of the wearing course but including a turning facility, highway drainage, visibility splays, street lighting, street nameplates and highway structures (if any). GROUND: In the interests of safe access in new development in accordance with Thanet Local Plan Policy QD02 and paragraph 127 of the National Planning Policy Framework. 28 Details pursuant to condition 1, shall include details of the number, type and location of Electric vehicle charging points (EVCP) on the basis of 1 Electric Vehicle Charging point per residential property with dedicated parking and 1 in 10 of all non allocated parking. These shall be installed and operational to the specification agreed prior to the occupation of the residential units to which they relate. GROUND: In the interest of air quality and amenity in accordance with SE05 of the Thanet Local Plan and paragraph 181 of the NPPF. 29 Prior to the first submission of any reserved matters application, hereby permitted, an Emissions Mitigation Assessment in accordance with Thanet District Council's Air Quality Technical Planning Guidance shall be submitted and approved in writing by the Local Planning Authority. The Emissions Mitigation Assessment shall include a damage cost assessment that uses the DEFRA emissions factor toolkit and should include details of mitigation to be included in the development which will reduce the emissions from the development during construction and when in operation. All works, which form part of the approved scheme, shall be completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details.

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Agenda Item 3b

GROUND: In the interests of ensuring appropriate air quality in accordance with SE05 of the Thanet Local Plan and paragraph 181 of the NPPF. 30 Prior to the first occupation of the development hereby permitted, an air quality Emissions Statement that provides details of how the air quality damage costs, as calculated within the Emission Mitigation Assessment approved in condition 29, are to be used to achieve air quality improvements through the development, shall be 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 ensuring appropriate air quality in accordance with SE05 of the Thanet Local Plan and paragraph 181 of the NPPF. 31 Prior to the submission of the first reserved matters application under condition 1, a Ecological Design Strategy, addressing ecological enhancement and mitigation across the whole site as outlined in Section 7 of the submitted Environmental Statement shall be submitted to and approved in writing by the Local Planning Authority. The Ecological Design Strategy shall include the following: a) Purpose and conservation objectives for the proposed works; b) Review of site potential and constraints c) Detailed design(s) and/or working method(s) to achieve stated objectives; d) Extent and location/area of proposed works on appropriate scale maps and plans; e) Type and source of materials to be used where appropriate, e.g. native species of local provenance; f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development; g) Persons responsible for implementing the works; and h) Details of initial aftercare and long term maintenance and management. i) Details of provision of calcareous grassland on site as outlined in 7.8.3 of the applicant's Environmental Statement. The Ecological Design Strategy shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter. GROUND: In the interests of preserving and enhancing biodiversity and ecological potential, and to adequately integrate the development into the environment, in accordance with Policies QD02 and GI06 of the Thanet Local Plan and the National Planning Policy Framework. 32 Details pursuant to condition 1 above shall demonstrate compliance and alignment with the agreed Ecological Design Strategy as approved in condition 31. GROUND: In the interests of preserving and enhancing biodiversity and ecological potential, and to adequately integrate the development into the

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Agenda Item 3b

environment, in accordance with Policies QD02 and GI06 of the Thanet Local Plan and the National Planning Policy Framework. 33 Prior to the commencement of each phase, or part thereof, a detailed outdoor lighting scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include details of the type of lights, the orientation/angle of the luminaries, the spacing and height of lighting columns, the extent/levels of illumination over the site and on adjacent land and measures to contain light within the curtilage of the site. The lighting scheme submitted must demonstrate that the lighting design will accord with the details set out in sections 7.5.31, 7.5.32 and 7.5.33 of the Environmental Statement; Chapter 7 (Wardell Armstrong June 2020). The development shall be implemented in accordance with the approved scheme and thereafter maintained as agreed. GROUND: In the interests of minimising light pollution, to safeguard the amenities of the locality and to mitigate the impact on biodiversity, in accordance with policy SE08 of the Thanet Local Plan and paragraph 175 of the National Planning Policy Framework. 34 Details pursuant to condition 1, insofar as they relate to each phase of development, shall include an explanation of how the proposed layout meets Secure by Design, in accordance with advice received from Kent Police. GROUND: To ensure the proper development of the site without prejudice to the amenities of the occupants, in accordance with Thanet Local Plan Policies QD02 and QD03. 35 No phase of the development shall commence until details and samples of the materials to be used in the construction of the external surfaces of the development hereby permitted in that phase have been submitted to, and approved in writing by, the Local Planning Authority. The phase shall be carried out using the approved materials. GROUND: In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan. 36 Details pursuant to condition 1 shall show no development on land identified as "Safeguarded land for potential future road" on plan no. CSA/4430/122 received 13th November 2020. GROUND: In the interests of safeguarding strategic routes for the provision of key road schemes, in accordance with Policy SP47 of the Thanet Local Plan. 37 All dwellings hereby permitted shall be provided with the ability for connection to Superfast Fibre Optic Broadband 'fibre to the premises', where there is adequate capacity.

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Agenda Item 3b

GROUND: To serve the future occupants of the development in accordance with Thanet Local Plan Policy SP14 and the guidance within the National Planning Policy Framework. 38 Prior to the commencement of any highways works, a Parking Restriction Strategy, detailing the full extents of the proposed Traffic Regulation Order for double yellow lines on Hartsdown Road and the internal link road infrastructure, shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. The Strategy shall be progressed through the applicant's best endeavours. GROUND: In the interests of highway safety. 39 Prior to the occupation of any dwelling hereby approved, a final Travel Plan, to substantively accord with the Framework Travel Plan June 2020 by Iceni Projects and a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The agreed programme shall thereafter be implemented in full. GROUND: To facilitate the use of alternative means of transport in accordance with Policy TP01, SP43 and the advice contained within the NPPF. 40 Details pursuant to condition 1 for the relevant phase adjacent to designated footpath TM14 shall show the footpath retained and identify access points onto and connection with pedestrian routes through the proposed development. GROUND: To facilitate the use of alternative means of transport and retention and potential upgrading of TM14, in accordance with Thanet Local Plan Policies TP03 and SP21 and guidance within the National Planning Policy Framework. 41 Prior to the occupation of any dwellings within each respective phase, a copy of a Homeowner information pack, setting out measures to encourage considerate pet ownership, minimising light spill and not causing excessive and extended noise, information on how residents can minimise their impact on the surrounding wildlife, such as breeding birds and providing information on the European designated sites in the locality and their significance, shall be submitted to and approved in writing by the Local Planning Authority. This as agreed shall be provided to occupiers of each new dwelling at the point of occupation. GROUND: To ensure satisfactory mitigation measures in accordance with Policy SP28 of the Thanet Local Plan, and guidance within the National Planning Policy Framework. 42 The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for

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Agenda Item 3b

Sustainable Homes unless otherwise agreed in writing with 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. 43 The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies. GROUND Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan. 44 The details to be submitted in pursuant of condition 1 above shall show all units in compliance with the Nationally Described Space Standards as set out within Policy QD04 of the Thanet Local Plan; and accessible and adaptable accommodation provided in accordance with Policy QD05 of the Thanet Local Plan. GROUND: To achieve high standards of living accommodation in accordance with Policies QD03, QD04 and QD05 of the Thanet Local Plan.’ Upon being put to the vote, the motion was declared LOST. It was proposed by Councillor Rusiecki and seconded by Councillor J Bayford that: The application be deferred to Officers to consider alternative provision of planning obligations, specifically regarding affordable housing and report back to a future meeting. Upon being put to the vote, the motion was declared CARRIED. Meeting concluded : 8.05 pm

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Agenda Item 3b

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THANET DISTRICT COUNCIL

PLANNING COMMITTEE

19 May 2021

BACKGROUND PAPERS TO SCHEDULE OF APPLICATIONS

The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (as amended)

(A) Standard Reference Documents - (available for inspection at the Council offices and via the Council’s website)

1. Thanet District Council Local Plan

2. Cliftonville Development Plan Document

3. Government Circulars and the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government.

(B) Register of Applications for Planning Permission (Article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015))

(Copy of applications together with accompanying plans or drawings are available for inspection at the Council offices and via the Council’s website)

(C) Background Papers in relation to specific reports in the Schedule of Planning Applications

(Copies of background papers and any appeal decisions referred to are available for inspection at the Council offices and via the Council’s website)

I certify that the above items are not exempt information.

(D) Exempt information in accordance with paragraph of Schedule 12 (A) of the Local Government Act 1972.

N/A

I certify that the above items are exempt information.

Prepared by: IAIN LIVINGSTONE

SIGNED:. DATE: 11th May 2021Proper Officer

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Agenda Item 4

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THANET DISTRICT COUNCIL

REPORT OF THE DEPUTY CHIEF EXECUTIVE

PART A

TO: THE PLANNING COMMITTEE DATE: 19 May 2021

Application Number Address and Details Recommendation

A01 R/TH/20/0174

MAJOR

Westwood Lodge Poorhole Lane

BROADSTAIRS Kent CT10 2PP

Reserved matters application pursuant

to permission OL/TH/15/0788 (Outline

application for the erection of 153

dwellings with all matters reserved) for

the approval of access, appearance,

landscaping, layout and scale

Ward: St Peters

Approve

A02 F/TH/20/0969 Addington House Business Centre

Addington Place RAMSGATE Kent

CT11 9JG

Erection of 5No. 3 storey 3 bed and

1No. 3 storey 4 bed terraced dwellings

following demolition of existing offices,

stores and laundry

Ward: Central Harbour

Approve

A03 F/TH/20/1508 Land Rear Of 177 College Road

MARGATE Kent

Erection of 3No. 2-bed single storey

dwellings with associated access and

landscaping

Ward: Dane Valley

Approve

A04 F/TH/19/1548 Mount Pleasant Lorry Park Tothill

Street Minster RAMSGATE Kent

Erection of single storey building

comprising 2no. mixed use retail/cafe

Approve

Page 45

Agenda Item 4Annex 1

units (Use Classes A1 and A3),

provision of 2no. lorry bays and

parking, together with associated

landscaping

Ward: Thanet Villages

A05 L/TH/21/0286 Telephone Kiosks The Square

BIRCHINGTON Kent CT7 9AF

Application for Listed building Consent

for restoration of Telephone Kiosk to

facilitate use as defibrillator station

including replacing glazing with

toughened glass, repainting in yellow

and installation of defibrillator

Ward: Birchington South

Approve

A06 F/TH/21/0082 47 Grange Road RAMSGATE Kent

CT11 9LR

Retrospective application for the

change of use from single dwelling to a

house in multiple occupation for up to 6

people (Use Class C4).

Ward: Central Harbour

Approve

A07 FH/TH/21/0214 13 Berkeley Road BIRCHINGTON

Kent CT7 9JR

Erection of a two storey front, side, and

rear extension, together with roof

extension, increase in ridge height and

alterations to roof form, erection of

dormer to front roof slope and insertion

of 1No. rooflight, insertion of 3No.

rooflights to rear, and 2No. rooflights to

side elevation, together with alterations

to fenestration and materials

Ward: Birchington North

Approve

A08 TPO/TH/21/0114 Land On The South Side Of Alpha

Road BIRCHINGTON Kent

Approve

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Agenda Item 4Annex 1

M/TPO/3(1952)G3 - 1No Norway Maple

(T1)- Remove 6m from cross branch on

right side, 1No. Sycamore (T2) - Crown

lift by 6m

Ward: Birchington South

A09 TPO/TH/21/0231 20 Chapman Fields RAMSGATE Kent

CT12 5LB

TH/TPO/10(2003) - 1No Sycamore -

Take the 2 main leading inner trunks

down by 15m , add a drain 4-5m high

on the left hand side, 20% crown

reduction

Ward: Cliffsend And Pegwell

Approve

A10 F/TH/20/1418 Entrances 1,2,3 And 4 East

Northdown Garden And Business

Centre, East Northdown, George Hill

Road. Margate Kent

Creation of new vehicular accesses

onto George Hill Road (entrances 1, 2

and 4) and widening of existing

vehicular access by 4m (entrance 3)

Ward: Cliftonville East

Approve

A11 FH/TH/21/0199 21 Seacroft Road BROADSTAIRS

Kent CT10 1TL

Erection of a two storey rear extension,

first floor front extension, front porch

extension and external render

Ward: Viking

Approve

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Agenda Item 4Annex 1

THANET DISTRICT COUNCIL

REPORT OF THE DEPUTY CHIEF EXECUTIVE

PART B

TO: THE PLANNING COMMITTEE DATE: 19 May 2021

Application Number Address and Details Recommendation

R12 FH/TH/20/1474 23 Windermere Avenue RAMSGATE

Kent CT11 0PL

Erection of two storey front and side

extension following demolition of

existing single storey side extension,

together with erection of a replacement

porch with a canopy/flat roof over and

alterations to materials and fenestration

Ward: Nethercourt

Refuse Permission

Refuse permissionR13 FH/TH/21/0275 21 Farrar Road BIRCHINGTON Kent

CT7 0AQ

Erection of conservatory to rear

Ward: Birchington South

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Agenda Item 4Annex 1

A01 R/TH/20/0174

PROPOSAL:

LOCATION:

Reserved matters application pursuant to permission

OL/TH/15/0788 (Outline application for the erection of 153

dwellings with all matters reserved) for the approval of access,

appearance, landscaping, layout and scale

Westwood Lodge Poorhole Lane BROADSTAIRS Kent CT10

2PP

WARD: St Peters

AGENT: Mr Daniel Sharp

APPLICANT: Rooksmead Residential Limited

RECOMMENDATION: Approve

Subject to the following conditions:

1 The proposed development shall be carried out in accordance with the submitted

application and the approved drawings numbered:

Received 20/04/21

Site Layout 0053-WH-MP-XX-DR-A-1000-S4 Rev P05

Fire tracking & Parking Strategy Plan 0053-WH-MP-XX-DR-A-1001-S4 Rev P05

Materials & Boundary Treatment Plan 0053-WH-MP-XX-DR-A-1002-S4 Rev P05

Refuse Management Strategy Plan 0053-WH-MP-XX-DR-A-1004-S4 Rev P05

Elevational Treatment Character Plan 0053-WH-MP-XX-DR-A-1005-S4 Rev P06

Street Scenes ‘A-A’ ‘B-B’ ‘C-C’ 0053-WH-MP-XX-DR-A-1006-S4 Rev P01

Retained Land Plan 0053-WH-MP-XX-DR-A-1007-S4 Rev P04

Temporary Access Rights Plan 0053-WH-MP-XX-DR-A-1008-S4 Rev P04

Permanent Access Rights Plan 0053-WH-MP-XX-DR-A-1009-S4 Rev P04

Proposed Demolition Plan 0053-WH-MP-XX-DR-A-1010 S4 Rev P02

Soft Works GA 2925-01-003 Rev G

Soft Works GA Plant species and densities 2925-01-004 Rev B

Hard Landscape Plan 2925-01-002 Rev F

Landscape Masterplan 2925-01-001 Rev G

Visibility Splays & Cyclist Forward Visibility AMA/20854/SK006.2

Affordable Tenure Plan 0053-WH-MP-XX-DR-A-1003-S4 Rev P05

Block 5 Standard Elevations 0053-WH-05-EL-DR-A-2014-S4 Rev P02

Block 10 Frontage Elevations 0053-WH-10-EL-DR-A-2019-S4 Rev P02

Block 11 Frontage Elevations 0053-WH-11-EL-DR-A-2020-S4 Rev P02

Block 12 Frontage Elevations 0053-WH-12-EL-DR-A-2021-S4 Rev P02

Block 13 Frontage Elevations 0053-WH-13-EL-DR-A-2022-S4 Rev P02

Block 15 Special Detailing Elevations 0053-WH-15-EL-DR-A-2024-S4 Rev P02

Block 16 Special Detailing Elevations 0053-WH-16-EL-DR-A-2025-S4 Rev P02

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Agenda Item 4a

Block 17 Special Detailing Elevations 0053-WH-17-EL-DR-A-2026-S4 Rev P02

Block 18 Hipped Roof Elevations 0053-WH-18-EL-DR-A-2027-S4 Rev P02

Block 22 Hipped Roof Special Detail Elevations 0053-WH-22-EL-DR-A-2031-S4 Rev P02

Malden Floor Plans 0053-WH-H1-PL-DR-A-1010-S4 Rev P01

Enfield Floor Plans 0053-WH-H3-PL-DR-A-1011-S4 Rev P02

Received 12/02/21

Emergency Vehicle Swept Path Analysis AMA/20854/A/TR005

Visibility Splays AMA/20854/SK001.1

Forward Visibility Splays AMA/20854/SK001.3

Large Refuse Vehicle Swept Path Analysis AMA/20854/ATR001

Large Refuse Vehicle Swept Path Analysis AMA/20854/ATR002

Large Refuse Vehicle Swept Path Analysis AMA/20854/ATR003

Large Refuse Vehicle Swept Path Analysis AMA/20854/ATR004

Visibility Splays & Cyclist Forward Visibility AMA/20854/SK001.2

Tree Constraints Plan 13602/P01 Rev A

Tree Retention and Removal Plan 13602/P02 Rev A

Received 15/01/21

Tree works schedule

Block 1 Standard Elevations 0053-WH-01-EL-DR-A-2010-S4 Rev P01

Block 2 Standard Elevations 0053-WH-02-EL-DR-A-2011-S4 Rev P01

Block 3 Standard Elevations 0053-WH-03-EL-DR-A-2012-S4 Rev P01

Block 4 Standard Elevations 0053-WH-04-EL-DR-A-2013-S4 Rev P01

Block 6 Standard Elevations 0053-WH-06-EL-DR-A-2015-S4 Rev P01

Block 7 Standard Elevations 0053-WH-07-EL-DR-A-2016-S4 Rev P01

Block 8 Standard Elevations 0053-WH-08-EL-DR-A-2017-S4 Rev P01

Block 9 Standard Elevations 0053-WH-09-EL-DR-A-2018-S4 Rev P01

Block 14 Special Detailing 0053-WH-14-EL-DR-A-2023-S4 Rev P01

Block 19 Hipped Roof Elevations 0053-WH-19_EL-DR-A-2028-S4

Block 23 - 3 Bed M4(3) Compliant Elevations 0053-WH-23-EL-DR-A-2032-S4 Rev P01

Block 24 - 4bed Standard Elevations 0053-WH-24-EL-DR-A-2033-S4 Rev P01

Block 25 - 4Bed Special Detailing Elevations 0053-WH-25-EL-DR-A-2034-S4 Rev P01

3 Bed M4(3) Compliant Floor Plans 0053-WH-3B-PL-DR-A-1012-S4 Rev P01

4 Bed Floor Plans 0053-WH-4B-PL-DR-A-1013-S4 Rev P01

Section 278 Works General Arrangement AMA/20854/S278/001 Rev A

Tree Removal Plan 0053-LGMH-00-XX-DR-Z-4000

GROUND:

To secure the proper development of the area.

2. 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 first 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.

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Agenda Item 4a

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

3. The development shall be carried out in accordance with the “Westwood Lodge

woodland management and biodiversity plan (dated 01/02/2021)”, the “Ecological

Management Plan” received 15th February 2021 and the Ecological Enhancement Plan

numbered 0053-WH-MP-XX-DR-A-1015-S4 Rev P01 received 5th May 2021. This includes

reporting procedures as outlined in the documents for ongoing monitoring and updating the

management plan as necessary.

GROUND:

In the interests of preserving and enhancing biodiversity and ecological potential, and to

adequately integrate the development into the environment, in accordance with Policies

QD02, GI04 and GI06 of the Thanet Local Plan and the National Planning Policy

Framework.

4. Prior to the first occupation of any dwelling hereby approved details of the colour and

weight-bearing capacity of the areas of hard surfacing shall be submitted to and approved in

writing by the Local Planning Authority. The development shall be carried out in accordance

with the agreed details.

GROUND:

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the designated heritage asset and to ensure suitable access for refuse

vehicles in accordance with policies HE03 and QD02 of the Thanet Local Plan and the

advice as contained within the NPPF.

5. The development shall be carried out in accordance with the detailed measures in

the Arboricultural Method Statement received 15th February 2021, including but not limited

to general site procedures, reporting of incidents, location of tree protection barriers, method

of excavation and monitoring on site during construction.

GROUND:

To protect existing trees and to adequately integrate the development into the environment,

in accordance with Thanet Local Plan Policy QD02.

6. Prior to the first occupation of any dwelling, 1:20 drawings of the new heritage

bollards/heritage columns next to listed gates shall be submitted to and approved in writing

by the Local Planning Authority. The development shall be carried out in full accordance with

the agreed details and thereafter retained.

Page 51

Agenda Item 4a

GROUND:

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the designated heritage asset in accordance with policy HE03 of the Thanet

Local Plan and the advice as contained within the NPPF.

7. Prior to the first occupation of the development hereby approved, a detailed outdoor

lighting scheme shall be submitted to and approved in writing by the Local Planning

Authority. The scheme shall include details of the type of lights, the orientation/angle of the

luminaries, the spacing and height of the lighting columns, the extent/levels of illumination

over the site and on adjacent land and the measures to contain light within the curtilage of

the site. The scheme shall be implemented in accordance with approved scheme and

thereafter maintained and retained as agreed.

GROUND:

In the interests of minimising light pollution, ecology and crime prevention and to safeguard

the amenities of the locality in accordance with the NPPF.

8. Prior to the construction of the external surfaces of the development hereby

approved samples of the materials to be used in the approved dwellings 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

9. 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.

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.

10. Prior to the first occupation of the development hereby permitted, the visibility

splays/envelopes shown on drawings numbers AMA/20854/SK001.1, SK001.3 and SK006.2

shall be provided with no obstructions over 1 metre above carriageway level within the

splays/envelopes, and be thereafter maintained.

GROUND:

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

National Planning Policy Framework.

11. Prior to the first occupation of the development hereby permitted, 25 metres x 2

metres x 25 metres visibility splays at the junction of the proposed pedestrian/cycle route

and the existing private driveway from Ramsgate Road shall be provided with no

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Agenda Item 4a

obstructions over 0.6 metres above surface level within the splays, and be thereafter

maintained.

GROUND:

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

National Planning Policy Framework.

12. Prior to the first occupation of the development hereby permitted, 25 metres x 2

metres x 25 metres visibility splays at the junctions of the existing private driveways and the

proposed main access road shall be provided with no obstructions over 1 metre above

carriageway level within the splays, and be thereafter maintained.

GROUND:

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

National Planning Policy Framework.

13. Prior to the first occupation of the dwellings denoted as plots 1-3 and 116-120, 2

metres x 2 metres pedestrian visibility splays behind the footway on both sides of the

accesses shall be provided to plots 1-3 and 116-120 with no obstructions over 0.6m above

footway level, and thereafter be maintained.

GROUND:

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

National Planning Policy Framework.

14. Prior to the first occupation of the respective dwellings, 1 metre x 1 metre pedestrian

visibility splays behind the footway on both sides of the accesses to plots 4, 8, 44-61, 71, 72,

99-115 and 45-153 shall be provided with no obstructions over 0.6m above footway level,

and thereafter be maintained.

GROUND:

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

National Planning Policy Framework.

15. Prior to the first occupation of the development hereby permitted, 2 metres x 2

metres pedestrian visibility splays behind the footway on both sides of each existing private

driveway at its junction with the proposed main access road shall be provided with no

obstructions over 0.6 metres above footway level within the splays, and thereafter be

maintained.

GROUND:

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

National Planning Policy Framework.

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Agenda Item 4a

15. Prior to the first occupation of the development hereby permitted, the

pedestrian/cycle route between Ramsgate Road/Sloe Lane and the western cul-de-sac of

the approved development shall be completed and thereafter be retained.

GROUND:

To facilitate safe and convenient movement by pedestrians and cyclists, in accordance with

the Policies TP02 and TP03 of the Thanet Local Plan.

16. Prior to the first occupation of the development hereby permitted, the Poorhole Lane

access to the site shall be completed and fully operational.

GROUND:

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

National Planning Policy Framework.

17. A plan shall be submitted to and approved in writing by the Local Planning Authority

prior to the occupation of any dwelling detailing the location of 10% of dwellings to comply

with building regulation part M4(2) accessible and adaptable dwellings and building

regulation part M4(3) relating to 5% of the affordable housing units hereby approved.

GROUND:

To ensure the future needs of households in accordance with policy QD05 of the Local Plan.

18. Prior to the occupation of any dwelling hereby approved, precise details of the Local

Equipped Areas of Play Space (LEAP) and low height play equipment to follow the woodland

walk (shown on the approved plans) shall be submitted to and approved in writing by the

Local Planning Authority. Details should include details of type and positioning of play

equipment, height, location and materials for boundary treatments, signs and furniture within

the area and the responsibility for management and maintenance. The LEAP and woodland

walk shall be provided in accordance with the agreed details before the first occupation of

any dwelling hereby approved and thereafter be available for use.

GROUND:

To ensure that the development incorporates appropriate amenity space and children’s play

areas in accordance with policy GI04 of the Thanet Local Plan.

19. The development hereby permitted shall be constructed in order to meet the required

technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b)

of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND:

Thanet is within a water stress area as identified by the Environment Agency, and therefore

new developments will be expected to meet the water efficiency optional requirement of

110litre.

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Agenda Item 4a

20. Prior to the first occupation of the development hereby approved, a detailed habitat

plan for the southern area of the site (denoted as Area 3, 6 and 7), showing biodiversity and

ecological enhancement measures to accord with the submitted Ecological Management

Plan, shall be submitted to and approved in writing by the Local Planning Authority. The plan

shall be implemented in full in accordance with the agreed detail prior to first occupation of

any dwelling hereby approved.

GROUND:

In the interests of preserving and enhancing biodiversity and ecological potential, and to

adequately integrate the development into the environment, in accordance with Policies

QD02, GI04 and GI06 of the Thanet Local Plan and the National Planning Policy

Framework.

SITE, LOCATION AND DESCRIPTION

The application site comprises a 8.2 hectare site within land previous classed as countryside

and Green Wedge. The site rises to the east and west, with level changes of approximately

2m across the site, with a dip in the centre of the approximately 4m lower than the west and

south of the site. The majority of the site is grassed, former paddocks, surrounded by areas

of trees, hedges and vegetation, and an Area Tree Preservation Order covers trees at the

site boundaries and within the centre of the site. The site is bounded to the south by

Poorhole Lane, and commercial development at Westwood, and to the west by the A254

Ramsgate Road, with street frontage houses on the opposite side of the A254 to the west.

The northern part of the site is divided into three grass areas divided by trees and hedgerow.

In the southern part of the site there are three existing buildings (Westwood Lodge, Stable

Cottage and the Cottage) in a woodland setting, and to the southwest there is a commercial

area comprising a pet crematorium and storage/workshop buildings. Westwood Lodge, the

Cottage and the entrance gates, piers and wall are Grade II Listed.

The western part of the site fronts Ramsgate Road, and is separated from the rest of the site

by Sloe Lane, which serves a dwelling and Weddington Farm to the north of the site.

There are three existing buildings within the Westwood Lodge site - the Lodge itself, Stable

Cottage and the Cottage. Westwood Lodge was built in 1865 together with a set of entrance

gates (bearing the motto Truth and Strength of Character and the Herapath coat of arms)

and driveway (following the alignment of the original Poorhole Lane) to Westwood Lodge - a

gothic style villa with gabled roof, coloured tiles, a bell turret, oriel window, curly bargeboards

and gothic trimmings including Kentish ragstone. The former staff accommodation sited to

the rear of the Lodge is subservient (and currently linked) to the main building, as are the

outbuildings to the north, accessed by a track leading from the main driveway.

Stable Cottage is located to the southern side of the driveway, and was built at the same

time as Westwood Lodge in a similar gothic style, beyond which there is a walled garden. On

the eastern side of the driveway to Westwood Lodge the Cottage is located, which is shown

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Agenda Item 4a

on the 1797 OS map, with a rear garden enclosed by a brick boundary wall. Stable Cottage

and the Cottage have retained their historic boundary treatment and immediate setting.

The site of the former piggery, accessed along the driveway, has a number of previously

commercial buildings in the southern part of this site. This area is surrounded by concrete

hardstandings and an old pig sty is present at the western end of the yard.

To the northern and eastern boundaries of the site hedgerow and trees in varying conditions

border the Green Wedge, with Sloe Lane (dissecting the western part of the site) retaining

the appearance of a country lane, with high hedges and trees, enclosing land to either side.

Substantial vegetation in the form of trees and hedgerow screen the site from the A254, and

whilst recently reduced in quantity there is screening along the southern boundary with

Poorhole Lane.

PROPOSED DEVELOPMENT

The application is in reserved matters form, with the principle of development and the

proposed access to the development having previously been approved. This application is

for the consideration of the access, appearance, scale, layout, and landscaping only.

The proposal is for the erection of 153no. units, including terraced and semi-detached, units.

The units are served by a single vehicular access point onto Poorhole Lane. The units are 2-

storey in height, and provide a range of unit sizes, including 2-bed, 3-bed, and 4-bed

houses.

In terms of design, the units are of a traditional design with pitched roofs, and use modular

construction methods.

RELEVANT PLANNING HISTORY

OL/TH/15/0788 - Outline application for the erection of 153 dwellings with all matters

reserved - refused by the Council on 17 August 2015 on the impact on the green wedge and

lack of planning obligations. The application was subsequently approved on appeal by the

Planning Inspectorate on 13th February 2017 and the appeal decision is appended to this

report.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP01 - Spatial Strategy - Housing

SP13 - Housing Provision

SP14 - General Housing Policy

SP22 - Type and Size of Dwellings

SP23 - Affordable Housing

SP24 - Development in the Countryside

SP26 - Landscape Character Areas - St Peters Undulating Chalk Farmland

SP27 - Green Infrastructure

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Agenda Item 4a

SP29 - Strategic Access Management and Monitoring Plan (SAMM)

SP30 - Biodiversity and Geodiversity Assets

SP35 - Quality Development

SP36 - Conservation and Enhancement of Thanet's Historic Environment

SP43 - Safe and Sustainable Travel

H01 - Housing Development Westwood Lodge

GI04 - Amenity Green Space and Equipped Play Areas

GI06 - Landscaping and Green Infrastructure

QD01 - Sustainable Design

QD02 - General Design Principles

QD03 - Living Conditions

QD04 - Technical Standards

QD05 - Accessible and Adaptable Accommodation

HE01 - Archaeology

HE03 - Heritage Assets

CC02 - Surface Water Management

SE04 - Groundwater Protection

TP02 - Walking

TP03 - Cycling

TP06 - Car Parking

Draft Broadstairs & St Peters Neighbourhood Plan

BSP3: Protecting and Providing Important Trees

BSP8: Local Heritage Assets

BSP9: Design in Broadstairs & St. Peter’s

BSP12: Full Fibre Broadband Connections

NOTIFICATIONS

Following receipt of the initial scheme letters were sent to adjoining occupiers and a site

notice posted close to the site.

19 representations have been received objecting to the initial application. They make the

following summarised comments.

- Affect local ecology

- Impact upon mature trees/woodland on site not mitigated by planting saplings

- Increase in traffic

- Increase of pollution

- Over development

- Strain on existing community facilities - doctors, dentists, schools etc

- Increased traffic to the Westwood Cross area

- Increased vehicle emissions/pollution

- Concern about who would occupy the affordable units - would they Thanet residents?

- Conflict with local plan

- General dislike of proposal

- Inadequate access

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Agenda Item 4a

- Inadequate parking provision

- Inadequate public transport provisions

- Increase danger of flooding

- Noise nuisance

- Out of keeping with character of area

- Potentially contaminated land historic association with black death burial site/chemical

spillage

- Crime and disorder concerns

- Impact of landscaping on heritage asset

A consultation was carried out with the amended scheme submitted in January 2021. As a

result 34 Representations were received, the concerns are summarised as follows:

- Affect local ecology

- Increase in traffic

- Increase of pollution

- Noise nuisance

- Strain on existing community facilities

- Traffic or Highways

- Conflict with local plan

- Development too high

- Inadequate access

- Inadequate parking provision

- Inadequate public transport provisions

- Increase in traffic

- Increase of pollution

- More open space needed on development

- Over development

- Undergrowth from the site being removed

- Insufficient information given to support the application

- Potentially contaminated land

- Poor design

- Result in loss of Green Wedge

- Impact on heritage assets

- Impact upon neighbour amenity - loss of light/privacy

- No screening opinion carried out

- No plan does not bear reference to outline plan

Broadstairs Town Council (05/03/21 - Final Comment) - The Planning Committee of the

Town Council has considered this amended application and resolved unanimously to

recommend NO OBJECTION.

Further Comment (04/02/21)- The Planning Committee of the Town Council has considered

this amended application and resolved unanimously to recommend refusal with the following

concerns: Insufficient information regarding conditions 8 and 14 and the management,

maintenance and ownership in the future of the public land.

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Agenda Item 4a

Initial Comment (05/03/20) The Planning Committee of the Town Council has considered

this application and resolved unanimously to recommend NO OBJECTION with the following

COMMENT: The conditions in Appeal Decision APP/Z2260/W/16/3151686 dated 13th

February 2017 must be upheld. The type, species, maturity and size of any trees to be

replanted must be specified and approved.

Broadstairs Society - (24/02/20)- Objects to this proposal on the grounds of:

1. Habitat / ecology / tree loss in an already heavily nature deprived area.

2. Over development in an already structurally congested area.

3. A complete shift in the character of the area.

4. added traffic in an already congested locality.

5. Insufficient medical services (GPs) in the much wider area.

CONSULTATIONS

KCC Highways - (Final comment 29/04/21) I refer to the amended plans submitted for the

above on 20 April and confirmation on 28 April that there will be no vehicular access

available from Ramsgate Road except for emergency vehicles. I confirm the proposals are

now acceptable. The applicant should note the following:

1. A right turn ban will be needed for vehicles using the proposed access and the associated

Traffic Regulation Order will need to be resolved as part of the s.278 process.

2. Street lighting is not currently for approval. The detailed calculation and layout of street

lighting for the adoptable areas will be dealt with through the s.38 adoption process but the

applicant is advised to discuss street lighting with our Street Lighting Team. It should be

noted that street lighting requirements will take precedence over landscaping.

The following should be secured by condition:

Provision and maintenance of the visibility splays/envelopes shown on drawings numbers

AMA/20854/SK001.1, SK001.3 and SK006.2 with no obstructions over 1 metre above

carriageway level within the splays/envelopes, prior to the use of the site commencing.

Provision and maintenance of 25 metres x 2 metres x 25 metres visibility splays at the

junction of the proposed pedestrian/cycle route and the existing private driveway from

Ramsgate Road with no obstructions over 0.6 metres above surface level within the splays,

prior to use of the site commencing.

Provision and maintenance of 25 metres x 2 metres x 25 metres visibility splays at the

junctions of the existing private driveways and the proposed main access road with no

obstructions over 1 metre above carriageway level within the splays, prior to use of the site

commencing.

Provision and maintenance of 2 metres x 2 metres pedestrian visibility splays behind the

footway on both sides of the accesses to plots 1-3 and 116-120 with no obstructions over

0.6m above footway level, prior to the use of the site commencing.

Provision and maintenance of 1 metre x 1 metre pedestrian visibility splays behind the

footway on both sides of the accesses to plots 4, 8, 44-61, 71, 72, 99-115 and 45-153 with

no obstructions over 0.6m above footway level, prior to the use of the site commencing.

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Agenda Item 4a

Provision and maintenance of 2 metres x 2 metres pedestrian visibility splays behind the

footway on both sides of each existing private driveway at its junction with the proposed

main access road with no obstructions over 0.6 metres above footway level within the

splays, prior to use of the site commencing.

Completion and retention of the pedestrian/cycle route between Ramsgate Road/Sloe Lane

and the western cul-de-sac prior to first occupation of a dwelling on the site.

Completion of the Poorhole Lane access shown on the submitted plans prior to the use of

the site commencing.

INFORMATIVE: It is the responsibility of the applicant to ensure, before the development

hereby approved is commenced, that all necessary highway approvals and consents where

required are obtained and that the limits of highway boundary are clearly established in order

to avoid any enforcement action being taken by the Highway Authority.

Across the county there are pieces of land next to private homes and gardens that do not

look like roads or pavements but are actually part of the road. This is called ‘highway land’.

Some of this land is owned by The Kent County Council (KCC) whilst some are owned by

third party owners. Irrespective of the ownership, this land may have ‘highway rights’ over

the topsoil.

Information about how to clarify the highway boundary can be found at

https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highway-

boundary-enquiries

The applicant must also ensure that the details shown on the approved plans agree in

every aspect with those approved under such legislation and common law. It is therefore

important for the applicant to contact KCC Highways and Transportation to progress this

aspect of the works prior to commencement on site.

(Further comment 26/02/21) I refer to the amended plans submitted for the above on 15th

February and would comment as follows:

1. I understand the safety audit and designer's response for all access points will be

submitted in due course and I will therefore comment further once they are received.

2. The driver visibility splays shown at the access onto Poorhole Lane are acceptable. The

15 metre forward visibility for cyclists is to enable them to see other cyclists and pedestrians

approaching around the radii, and the visibility envelopes should therefore be measured

from the rear edge of the footway/cycleway rather than the carriageway edge as shown.

3. The refuse vehicle swept path analysis drawings do not incorporate a 12.5 metre-long

vehicle as requested. If the applicant considers that an 11.125 metre vehicle is appropriate

they should clarify this with the Waste Team at Thanet District Council, who have previously

requested the larger vehicle be accommodated on residential sites. Whichever size of

refuse vehicle is agreed it cannot overhang/overrun private drives as appears to be the case

at present. It should also be noted that the requirement below for service margins to be

grassed will likely impact on the swept paths.

4. The Emergency Vehicle Swept Path plan and Fire Tracking plan use different sizes of fire

tender. The larger vehicle on the latter should be used for the secondary access from

Ramsgate Road/Sloe Lane. The proposed extent and width of this paved route is unclear

and also appears differently on the two drawings, so it is not clear that a suitable route is

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Agenda Item 4a

being provided. A clear plan is therefore required showing the paved route available and

demonstrating that the larger fire tender can be suitably accommodated throughout the

route.

5. It would be preferable to have additional pedestrian and cycle connections to Sloe Lane

from the site , however you may feel the retention of existing landscaping overrides this.

6. The comments on the later submission of details under conditions 8-10 are noted,

however it should be recognised that this approach may subsequently require amendments

to the approved layout to enable adoption of the streets within the site. I would comment

further as follows:

The comments on the lack of a continuous loop serving the western and central streets are

noted, however confirmation should be sought from the Kent Fire and Rescue Service that

the arrangements are acceptable to them.

I note no footway is to be provided on the southern side of the street between the main site

access and the eastern cul-de-sac. Pedestrian crossing points with suitable visibility are

therefore required at the footway termination points.

There is still a lack of suitable speed restraint measures at the necessary maximum spacing

in the western shared surface, central conventional cul-de-sac, and the conventional street

between the main access and the eastern cul-de-sac. All shared surfaces also have

excessive paved widths which could encourage higher speeds, whereas they should be a

maximum of 4.8 metres wide with kerbed service margins which are grassed unless

providing access or parking. The build-out shown adjacent to plot 77 may obstruct the

manoeuvring of the refuse vehicle/fire tender, particularly with a car parked opposite as

shown.

I would reiterate that the bend adjacent to plot 13 should not be 'squared off' as shown, as

this extended area will simply attract unacceptable parking and additional, unnecessary

maintenance issues for the highway authority.

Driver and pedestrian visibility splays are still required at shared private drives and reference

to the height of obstructions within all splays should also be included as previously advised.

The response regarding parking is noted, however the previous comments regarding plots 3,

9, 17-21, 42, 77, 81 and 106 are still pertinent and may impact on the suitability of streets for

adoption. It should also be noted that parking spaces cannot be accessed across points

where pedestrians join/leave a shared surface, therefore requiring amendment to plots 44,

71, 97 and 144.

I shall be pleased to comment further upon receipt of amended/outstanding details in due

course.

(Further comment 25/01/21) Site Accesses

1. A safety audit and designer's response is required for all access points.

2. A right-turn ban will be needed for vehicles exiting the site as well as those entering at

Poorhole Lane. The bans will need to be formalised with a Traffic Regulation Order through

the s.278 process.

3. Appropriate driver visibility splays are required at the Poorhole Lane access. Appropriate

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Agenda Item 4a

forward visibility for cyclists (15 metres) should also be provided around the radii.

4. A swept path analysis is required for the Poorhole Lane access showing that a 12.5 metre

refuse vehicle can be suitably accommodated.

5. The connection to Sloe Lane/Ramsgate Road is for pedestrians, cyclists and emergency

vehicles only. A footway/cycleway of suitable width and construction to accommodate a fire

service vehicle should therefore be provided between Ramsgate Road and the bend in the

internal access road. The gap between the existing gate pillars appears quite narrow and

tracking for a fire service vehicle should be submitted to demonstrate that suitable

width/manoeuvring room is available. It also appears that some reconstruction/resurfacing

may be required between the gates and the existing highway.

6. A paved pedestrian/cycle access should be provided to Sloe lane from at least one of the

two culs-de-sac shown. Visibility splays of 25 metres x 2 metres x 25 metres should be

provided for pedestrians and cyclists emerging onto Sloe Lane at this access.

Site Layout

7. I note that only details for conditions 1-5 are submitted for consideration. The layout

cannot be agreed from a highways perspective until the details required under conditions 8,

9 and 10 have been submitted and agreed. The following should be borne in mind when

submitting such details:

The layout should be in accordance with Kent Design

Details should include the proposed extent of highway adoption, types of street and

associated speed restraint, swept paths for a 12.5 metre refuse vehicle, dimensions of

carriageways/footways/cycleways/service margins/junction radii, etc., and measures to

prevent surface water run-off onto the adoptable highway.

Cycle parking should be provided at a minimum of 1 space per bedroom for houses and

1 space per flat.

Car parking should be in accordance with Kent Design Interim Guidance Note 3 for a

suburban situation. Parking spaces should be a minimum of 5 metres long x 2.5 metres

wide, increased to 2.7 metres where bounded by walls/fences/landscaping on one side

or 2.9 metres where bounded by such obstructions on both sides. Lay-by spaces should

be minimum 6 metres long x 2 metres wide, increased to 2.5 metres where not adjacent

to a footway. A note confirming these dimensions have been met should be included on

the relevant drawing(s).

8. The details yet to be submitted for conditions 8-10 notwithstanding, the following issues

are brought to the applicant's attention based on the information currently provided:

The western and central streets should be served by a continuous loop road rather than

two culs-de-sac, to provide suitable emergency and refuse collection access.

A footway should be provided on the southern side between the main site access and the

eastern cul-de-sac.

There appears to be a lack of suitable speed restraint measures in some streets.

Maximum spacing of such measures is 60 metres for conventional streets and 40 metres for

shared surface streets.

The bend adjacent to plot 13 should not be 'squared off' as shown, as this extended area will

simply attract unacceptable parking and additional, unnecessary maintenance issues for the

highway authority.

Streets should be designed for target speeds of 20 mph for conventional streets and 15 mph

for shared surfaces, with the corresponding visibility splays/envelopes at junctions, bends

and private drives, with no obstructions over 1 metre above carriageway level. 1 metre x 1

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Agenda Item 4a

metre pedestrian visibility splays should be provided on each side of each private access

onto a conventional street, with no obstructions over 0.6 metres above footway level.

The surface material used in shared surface streets should be some form of tegula/block

paving, to provide a suitable contrast and change in environment to a conventional tarmac-

surfaced street.

Kerbed service margins are required in shared surfaces. Flush kerbs at raised tables in

conventional streets are also not acceptable.

Details of the proposed access arrangements for existing dwellings should be provided, and

be in accordance with Kent Design.

Whilst the detailed calculation and layout of street lighting can be dealt with through the

street adoption process, it is advised that discussions on the proposed lighting layout are

had now with our Street Lighting Team.

A combination of remote parking/tandem arrangements/lack of nearby unallocated parking is

likely to lead to unacceptable parking on the adoptable highway, for plots 3, 9, 17-21, 43, 77,

81 and 106.

Drivers are required to reverse excessive distances if using the parking for plots 65, 69, 80,

84 and 136.

I wish to place a holding objection until the above matters have been satisfactorily resolved.

(Initial comment 06/03/20) I refer to the above planning application and note that the site

layout appears to differ between the highway adoption plan and other plans in relation to the

location of the pumping station, form/location of some parking, and the route of some

footpaths. The correct site layout therefore needs to be clarified. I would comment further as

follows:

Site Accesses

1. A safety audit and designer's response is required for the proposed accesses off Poorhole

Lane and Sloe Lane.

2. A right-turn ban will be needed for vehicles exiting the site as well as those entering. The

bans will need to be formalised with a Traffic Regulation Order through the s.278 process.

3. The cycleway in Poorhole Lane should be extended round the junction radii and further

into the access, to allow cyclists to leave/join the route away from the junction. Appropriate

forward visibility for cyclists (15 metres) should be provided around the radii.

4. The connection to Sloe Lane/Ramsgate Road is for pedestrians, cyclists and emergency

vehicles only and therefore a separate 5.5 metre-wide road and footway is not required. A

footway/cycleway of suitable width and construction to accommodate a fire service vehicle

would be sufficient, served off a vehicle crossing from the bend in the new access road. The

gap between the existing gate pillars appears quite narrow and tracking for a fire service

vehicle should be submitted to demonstrate that suitable width/manoeuvring room is

available. Clarification is also required on the proposals for preventing general vehicular

access whilst allowing pedestrian/cycle access (e.g. bollards?). It will not be acceptable for

the existing gates to be retained in a closed position. It also appears that some

reconstruction/resurfacing may be required between the gates and the existing highway.

5. I note that no development is currently shown on the land to the west of Sloe Lane. The

proposed connection to Sloe Lane between plots 8 and 9 should therefore be restricted to

pedestrians and cyclists only, and details of how this is to be achieved should be provided.

Visibility splays of 25 metres x 2 metres x 25 metres should be provided for pedestrians and

cyclists emerging onto Sloe Lane at this point.

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Agenda Item 4a

Site Layout

6. Roads 2-4 should be reduced to 4.8 metre carriageway width, although width around

bends should be subject to vehicle tracking. Dimensions of footways and service margins

should also be shown.

7. The width of road 5 currently shown suggests a one-way system, which would not be

acceptable. The road should be a minimum of 4.1 metres wide with passing places at

maximum 40 metre spacing. With the current layout of lay-by parking it appears there is

insufficient room for passing places so I suggest a 4.8 metre-wide carriageway. It should

also be noted that the refuse vehicle tracking around the bends adjacent to plots 133/134

and 139/140 shows overrunning of the kerb and potential conflict with cars parked in the lay-

by spaces.

8. There is a lack of speed restraint measures in (i) road 2 fronting plots 40-121, (ii) road 2

between the main access junction and plot 116/117, and (iii) the north-south sections of

roads 3, 4 and 5. Measures at maximum 60-metre spacing are required for a design speed

of 20 mph. Item (ii) could be resolved by reducing the centre line radius of the bend to 30

metres maximum. If the site layout/location of dwellings cannot be altered, raised tables may

need to be considered in other roads to provide suitable speed restraint.

9. Footways are required (i) along the southern section of road 2 round to plot 153, (ii) along

the western section of road 2 between the secondary emergency access and plot 1, and (iii)

between roads 3 and 4 at both the north and south ends of these roads.

10. It appears the central cycleway/footway connecting road 2 across the open space is

intended for adoption, which is acceptable in principle. However, additional sections of

footway will be required at the southern end to provide informal pedestrian crossing points to

road 1.

11. 1 metre-wide service margins are required along all roads where there is no frontage

development or footway. This margin can also be incorporated within the lay-by parking

rather than divert around it.

12. It is not clear how drivers are intended to use the southern end of road 5 where it splits in

two. Priority needs to be clearly established for one section or the other, with appropriate

corresponding visibility.

13. The turning head adjacent to plots 17/18 is unnecessary and should be removed. Plots

16 and 17 can be served by a shared private drive off a vehicle crossing in the footway.

14. Visibility splays at all junctions should be 25 metres x 2.4 metres x 25 metres to accord

with the 20 mph design speed and associated speed restraint measures. The 17-metre

forward visibility envelopes shown around bends are acceptable for the radii proposed.

There should be no obstructions over 1 metre above carriageway level within the

splays/envelopes.

15. There is a lack of visibility for drivers emerging from the parking spaces opposite plots

40-47, 84-91, 118-121 and to the side of plot 121. A 2-metre wide margin should therefore

be provided in front of these spaces (the service margin required above can be incorporated

into this).

16. 25 metre x 2 metre x 25 metre visibility splays are required at each private vehicular

access, with no obstructions over 1 metre above carriageway level. 1 metre x 1 metre

pedestrian visibility splays are also required behind the footway on each side of each private

access, with no obstructions over 0.6 metres above footway level. These should be added

as notes to the relevant drawing. This also applies to the two existing dwellings to be served

off the proposed access road.

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Agenda Item 4a

17. The width of the footway adjacent to plots 18, 24, 29, 40-47, 73, 84-91 and 121 is likely

to encourage parking on the same. Further consideration needs to be given to these areas

to avoid the need for footway bollards.

18. Trees within the adoptable highway will attract commuted sums for future maintenance.

The alternative is for the trees to remain private and be installed and maintained within the

highway under licence. Platanus x acerfolia is unacceptable as they grow large and relatively

quickly and the maintenance cost for pruning away from buildings/private land would be a

problem. There is no objection to Tilia cordata ‘Erecta’. Pyrus ‘Chanticleer' is not acceptable

as a species in hard surface or in proximity to a building. This species is a known

contributing factor in subsidence claims. Ulmus ‘New Horizon’, would have similar problems

to the Platanus. The applicant may wish to discuss these matters further with the Tree

Officer in our Soft Landscape Team.

19. It appears some trees are shown blocking footways and driveways, which is not

acceptable.

20. It appears some proposed street lights may be impacted by the position of proposed

trees. The detailed calculation and layout of street lighting will be dealt with through the s.38

adoption process but the applicant is advised to discuss street lighting now with our Street

Lighting Team. It should be noted that street lighting will take precedence over tree planting.

It also appears some street lights are placed within lay-by parking spaces, which is not

acceptable as they are susceptible to damage by manoeuvring vehicles.

21. The Natratex, Fibredeck, Perfecta and Priora paving types proposed are not acceptable

for use in the adoptable highway.

22. Measures are required to prevent the run-off of surface water from private drives onto

the adoptable highway.

Parking

Whilst the total amount of parking meets the minimum guidance in IGN3, the layout and

distribution of the same is not acceptable for the following reasons:

23. Parking within the adoptable highway cannot be private/allocated to individual properties

or users.

24. There is a lack of suitably located parking for plots 10, 26, 27, 30-39, 92-105 and 110-

115.

25. There is a lack of suitably located visitor parking for plots 18-29, 84-91, 96-101 and

102-115.

26. The depth of driveway proposed may lead to tandem parking across the adoptable

footway on plots 1, 4, 5, 8, 36, 39, 48, 51, 52, 54, 74, 76, 79, 80, 83, 92, 95, 112 and 115.

27. The access to parking for plot 116 is too close to the bend in the road.

28. Parking spaces should be a minimum of 5 metres long x 2.5 metres wide, increased to

2.7 metres where bounded by walls/fences/landscaping on one side or 2.9 metres where

bounded by such obstructions on both sides. Lay-by spaces should have 45 degree splays

at entry/exit points and be a minimum of 6 metres long x 2 metres wide, increased to 2.5

metres where not abutting a footway.

29. Electric vehicle charging points cannot be placed within the adoptable highway. Charging

points should be provided in accordance with the Thanet District Council policy, which I

believe requires all allocated parking spaces to be fitted with the same.

30. Details of cycle parking have yet to be submitted.

I wish to place a holding objection until the above matters have been satisfactorily resolved.

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KCC PROW (28/04/21) - Further to discussions between KCC PROW, the

developer/applicant and KCC Highways, we no longer have improvement requests regarding

Public Footpath TM8 as part of this application. We would prefer to use any future

application for the land west of Sloe Lane for wider improvements as part of a larger

Highways scheme.

Rooksmead Residential will consult with KCC PROW and KCC Highways at an early stage

of any forthcoming application for land West of Sloe Lane to ensure our requests are taken

forward.

I would still draw attention to the following, as the points below are relevant to the

construction and final completion of this site:

• No furniture, fence, barrier or other structure may be erected on or across Public Rights of

Way without the express consent of the Highway Authority.

• There must be no disturbance of the surface of the Public Right of Way, or obstruction of

its use, either during or following any approved development without the express consent of

the Highway Authority.

• No hedging or shrubs should be planted within 1.5 metres of the edge of the Public Right of

Way.

• Please also make sure that the applicant is made aware that any planning consent given

confers no consent or right to close or divert any Public Right of Way at any time without the

express permission of the Highway Authority.

• No Traffic Regulation Orders will be granted by KCC for works that will permanently

obstruct the route unless a diversion order has been made and confirmed. If the applicant

needs to apply for a temporary traffic regulation order whilst works are undertaken, I would

need six weeks notice to process this.

KCC Biodiversity - (final comment) We have reviewed the submitted plans and it is our

understanding that proposed dwellings are to be located largely within the northern section

of the site and no construction is proposed within the south of the site.

Since we previously commented in March 2020 the landscaping plan has been updated to

retain fingers of hedgerows/woodland belt through the site and it has created 3 blocks of

housing within the site and we are supportive of this proposal. As the woodland belt /

hedgerows will be created by retaining habitats there is a risk that some of the housing at the

edges of these areas may be shaded. We highlight that there is a need to ensure that this

has been considered within the design of the housing to ensure that they are able to receive

maximum natural light within the buildings. There is a need to ensure that this is considered

as part of this application to reduce the risk that there is not a request to remove/clear some

of the vegetation due to shading issues from the retained vegetation.

The proposal will result in an increase in lighting and we highlight that there is a need for the

lighting to be designed to have minimal or no lighting within the estate roads to minimise

impacts to bats. If lighting is not proposed we would encourage the applicant to install

security lighting within all properties to ensure that the lighting installed is designed to be

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directional and on a motion sensor to reduce light spill within the wider site. We recommend

that this is a condition of the reserved matters application.

We advise that while the proposal is retaining some woodland habitat the proposal will result

in a loss of woodland which has been identified as priority habitat. Regardless of the

appropriateness of the proposed management we highlight that due to the loss of habitat

and the inclusion of dwellings within that area it will result in decline of the current ecological

interest of the site.

A detailed management plan has been submitted for the retained habitat and it has been

informed by bat, breeding bird and reptile surveys. While the specific species surveys did not

cover the whole of the red line boundary we are satisfied that the results are sufficient to

inform the management plan. The surveys have detailed the following:

• 7 species of bats recorded foraging/commuting within the site – predominately common

and soprano pipistrelles.

• At least 31 species of breeding birds recorded on site – including amber and red listed

species.

• Barn owl recorded foraging within the site.

• Trees within the site have low/moderate potential to be used by roosting bats.

• A brown long-eared bat roost was confirmed in tree 47 – to be retained within the

development

• No reptiles were recorded during the survey.

Ecological Mitigation.

We have reviewed the proposed mitigation and we advise that we are satisfied with the

proposed methodology and advise that it must be implemented as detailed prior to and

during the vegetation clearance/building demolition under the watching brief of an ecologist

However we highlight that insufficient bat and bird boxes are proposed to be erected within

the site and more can be incorporated in to the buildings which are adjacent to the woodland

belt / hedgerows. We advise that details of additional features to be incorporated into the

buildings this can be submitted via a condition if planning permission is granted.

Ecological features - enhancements

The submitted plans confirm that there are intentions to enhance the site for biodiversity

through the inclusion of log piles, hedgehog homes and hibernacula and we highlight that

these must be incorporated into the site as soon as it is appropriate.

Management Plan

We have reviewed the management plan and we are generally satisfied that it is appropriate

and should ensure that some ecological interest of the site can be retained – however we

highlight that the management plan is relatively labour intensive with works being carried out

within the woodland areas each year. Therefore we advise that TDC must be satisfied that

the applicants will implement the management plan as detailed within the submitted report.

We previously raised concerns that the management was too intensive but we understand

that the management plan has been designed specifically in that way to try and establish a

mixed deciduous woodland as soon as possible.

We highlight that a detailed habitat plan demonstrating where all the habitats detailed within

the management plan has not been included within the management plan. A landscape

master plan and layout plan have been submitted but they do not fully demonstrate where all

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the habitats are located (including the hedgerows, pond, rough grassland). We acknowledge

that it is possible to understand where most of the habitats are located by reading the text

within the management plan but it would be useful to have a corresponding plan to ensure it

is clearly understood by site managers where the habitats are located. We accept that this

information can be provided via a condition if planning permission is granted.

There is a need to ensure that the management is carried out as detailed within the

management plan. In the event that monitoring highlights that the habitats have not

established as intended remediation works are implemented. This is particularly the case

within the woodland belt/hedgerows and wildflower areas which are likely to receive greater

impacts from recreational pressure.

To ensure it is carried out we recommend that, that if planning permission is granted there is

a need for a condition requiring results of on going monitoring and updated of the

management plan to be submitted to the LPA

(initial comment 05/03/20) - raised concerns regarding the lack of bat, reptile and breeding

bird surveys that were recommended within the submitted ecological management plan. In

addition queries were raised why the existing woodland within the site has not been retained

as this will result in less ecological mitigation being required and mature established habitats

will be incorporated into the site.

KCC SUDs 23/03/20 - We have reviewed Technical Design Note on drainage strategy and

maintenance plan dated 5 Feb 2020 and supporting documents and have the following

comments.

a) We understand surface water from the site will be discharged using infiltration basins. The

technical design note states that the site infiltration rate varies between 4 x 10-6m/s to 9 x

10-5m/s. based on RSK Geo-environmental Site Assessment; however, we have not had

sight of this document. This report should be submitted to support the infiltration rates used

in the design calculation.

b) We reviewed the microdrainage simulation results submitted and found the site does not

flood for up to 1 in 30 year storm event and minor flood occurs from manhole S303 of

Network 2 for 1 in 100 year storm event considering 40% climate change. However, these

calculations are based on the FSR rainfall data which is not compliant with requirements as

set in KCC’s Drainage and Planning Policy.

The drainage system should be modelled using either FeH rainfall data or where FeH data is

not available, 26.25mm should be manually input for the M5-60 Value.

c) FeH rainfall data may require a larger volume of storage. We noticed the proposed site

layout plan 19098_FA_00_RP_DR_A_0100 will have adequate space to provide additional

storage for surface run-off if required; therefore, the layout of the site may be generally

acceptable.

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Based on the issues noted above we would recommend a holding objection for discharge of

Condition 17 until the calculations are revised and submitted for the review and approved.

KCC Archaeology - I provided advice for the outline permission that remains pertinent with

the present submission. I note that the present submission includes a heritage statement

that was written by Orion in January 2020 and builds on the previous desk sturdy work by

the Trust for Thanet Archaeology. I discussed the site with Orion during their writing of this

statement. Repeat my previous advice, updated where appropriate in context of the latest

submission.

In summary there is clearly a strong background potential for early archaeology to be

present on the site although this has not been confirmed by fieldwork in the area. In terms of

specific recognised potential the hamlet of Poorhole that dates from at least prior to 1736 lies

in part of the site (where the cottage and coach house are presently located. At the time of

the hamlet and into the early part of the 19th century the original route of Poorhole Lane

dog-legged northwards and then west along the drive to the west of the cottage and the later

carriageway to the Lodge. It is speculated that this was to avoid a possible ‘Plague pit’

however this has not been confirmed. In 1865 Westwood lodge was built and the south west

corner taken in with the realignment of the main road as we see it today. I note Orion’s views

that the presence of the pit is not confirmed and there are alternative plausible explanations

as set out in the desk study. That corner subsequently saw the construction of a range of

piggeries in the period 1930s – 1950s that still remain in part as part of the present range of

buildings in that area.

I note that the present proposed layout maintains some of the historic grain of the site with

the has sought to take account of the historic grain of the site, retaining in part the former

route of Poohole Lane and the later carriage drive to Westwood Lodge; has retained the

Lodge, Coach House and Cottage which are undesignated heritage assets; and has sought

to retain the layout of the three northern fields that are shown on maps at least as far as the

late 18th century.

In terms of the buried archaeology of the site this can be addressed through the

archaeological condition that was attached to the outline consent on my advice. Provision

should be made for early evaluation where possible to inform preservation measures where

they may be required. I note that impact in the area of the postulated ‘pit’ is limited to the

new access road across the site and early evaluation of that area is particularly important.

Provision should also be made for recording of the piggery buildings before their demolition

and other heritage assets that may be altered. I would recommend that conditions relating

the implementation of archaeological field evaluation works and a programme of building

recording.

Historic England - On the basis of this information, we do not wish to offer any comments.

We suggest that you seek the views of your specialist conservation and archaeological

advisers, as relevant.

Environment Agency - We have no further comments to make on this planning application

beyond those made in our reply the Outline Application (OL/TH/15/0788) dated 17 Sep

2015.

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Agenda Item 4a

Southern Water - No objections to the reserved matters application submitted by the

applicant for access, appearance, landscaping, layout and scale.

Natural England - The proposed amendments to the original application are unlikely to have

significantly different impacts on the natural environment than the original proposal.

Kent Police - 04/03/21 We met the agent to discuss our concerns and a planning condition

will help ensure the measures discussed to address our concerns are incorporated.

1. The paths and cycle routes require adequate natural surveillance and should not run

immediately next to doors and windows. Cycle routes to be min. 3m (to allow people to pass

without infringing personal space and accommodate passing wheelchairs and mobility

vehicles). These to be sited so that residents will not suffer noise pollution and where users

of the adjacent foot and cycle paths will not be subject to harassment or fear of crime.

2. Anti-Social motorbike/cycling can create nuisance, fear of crime and conflict. We advise

vehicle mitigation is installed to reduce the problems that deflect genuine users from these

prime routes, often onto less safe areas or lead to desire lines.

3. Perimeter, boundary and divisional treatments including lockable gates of min. 1.8m as

per the plan. The front garden areas require 1m max defensible treatments to avoid desire

lines that create nuisance and conflict.

4. The “side of plot” parking spaces require an “active” window overlooking the parking

space if there is not a reasonable direct and clear line of sight from the home or a neighbour.

We advise that residents have allocated spaces and all visitor spaces are marked as such

with enforceable regulations to ensure they do not become additional parking for the nearest

dwelling. The electric charging points require clear signage and enforceable regulations.

5. The lighting plan should be approved by a Member of the ILP or the Society of Light and

Lighting and conform to BS5489-1:2020.When fearing crime, homeowners often install

security lighting that detrimentally cause conflict and light pollution.

6. All external doorsets and sliding, folding or patio doors to ground and first floors to meet

PAS 24: 2016 UKAS certified standard, STS 201 or LPS 2081 Security Rating B+.

7. Please Note, PAS 24: 2012 (ADQ) is not suitable. Windows on the ground floor or

potentially vulnerable e.g. from flat roofs should also meet PAS 24: 2016 UKAS certified

standard, STS 204 Issue 6:2016, LPS 1175 Issue 8:2018 Security Rating 1/A1, STS 202

Issue 7:2016 Burglary Rating 1 or LPS 2081 Issue 1.1:2016 Security Rating A. Glazing to be

laminated. Toughened glass alone is not suitable for security purposes.

8. The communal doorsets to meet dual fire and security certification. We recommend “A

GUIDE FOR SELECTING FLAT ENTRANCE DOORSETS 2019”. Any covered access

outside the communal doors must deflect loitering that can stop residents and their visitors

from using them without fearing crime. They must be lit and designed to provide no hiding

place. Defensive paving solutions that can help achieve this.

9. Communal mail delivery for the apartments needs to be “through the wall” or sited at the

front in an air lock within the lobby, have CCTV coverage, be of robust construction (SBD or

Sold Secure standard) and have anti-fishing design. We strongly recommend TS009

specifications. This will help deflect crime. Tradesperson or timed-release mechanisms are

not permitted as they have been proven to be the cause of antisocial behaviour and unlawful

access to communal developments.

10. Audio visual door entry systems are essential. They allow visitors to call a dwelling and

have a two-way audio-visual conversation with the resident thus allowing the resident to see

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and identify the visitor before they decide if they should remotely allow access via the

communal entrance door(s). Unrestricted egress from a landing into the stairwell and from

the stairwell to the communal lobby/emergency fire exit must be provided at all times.

11. Cycle and Bin Stores to be lockable and have lighting.

12. If approved, site security is required for the construction phase. There is a duty for the

principle contractor “to take reasonable steps to prevent access by unauthorised persons to

the construction suite” under the Construction (Design and Management) Regulations 2007.

The site security should incorporate plant, machinery, supplies, tools and other vehicles and

be site specific to geography and site requirements.

If the points above are not addressed, they can affect the development and local policing.

Current levels of reported crime have been taken into account.

Kent Fire and Rescue - (24/03/21) I can confirm that it is my opinion that the off-site access

requirements of the Fire & Rescue Service have been met.

On-site access is a requirement of the Building Regulations 2010 Volume 1 and 2 and must

be complied with to the satisfaction of the Building Control Authority who will consult with the

Fire and Rescue Service once a building Regulations Application has been submitted.

TDC Conservation Officer:

Further comment - Following my previous comment I stated that details regarding boundary

treatments across the site need to be included. These now have been submitted and I do not

have any further concerns.

Details of the hard standing have been included in various places, the overall material of the

access throughout the site does not appear to have been included. This could have an

impact on the perceivable character of the site and therefore should be included in greater

visual detail if this application was to be approved.

Plans which have been further submitted detail that the heritage columns adjacent to the

listed gates at the forefront of the site, this still need to be decided and submitted.

Overall my stance regarding this application has not varied and I believe the main approach

and views of the listed assets have been approached sympathetically through this proposed

scheme and subsequently I do not object to the scheme proposed. Further information

regarding the above should be met through condition.

Westwood Lodge is large site with three listed assets within the vicinity of the land, the

gateway, the cottage and the main Westwood Lodge. Previously an application was

approved i n outline, application number OL/TH/15/0788, with this comment considering the

reserved matters. At the time of authorization for the outline application approval, the assets

on site were not listed but were considered to be non designated heritage assets and were

already considered important.

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Whilst the Council does not have any saved local plan policies on heritage and conservation,

its Draft Local Plan i s nearing adoption and as such weight can be given to the policies

contained within it. Draft policy HE02 of the Draft Thanet Local Plan 2018 sets out within

Section 7 ‘ The character, scale and plan form of the original building are respected and the

development i s subordinate to i t and does not dominate principal elevations.’

Within The NPPF (National Planning Policy Framework) Section 16, paragraph 192 i t

highlights that local authorities should take into account (a) the desirability of sustaining and

enhancing the significance of heritage assets and putting them to viable uses consistent with

their conservation and (c) the desirability of new development making a positive contribution

to local character and distinctiveness.

Additionally under the Listed Buildings and Conservation Areas Act 1990, Section 16

Paragraph 2, In considering whether to grant listed building consent for any works the local

planning authority or the Secretary of State shall have special regard to the desirability of

preserving the building or its setting or any features of special architectural or historic

interest which it possesses. As well as Section 66 Paragraph 1 which states when

considering whether to grant planning permission for development which affects a listed

building or its setting, the local planning authority shall have special regard to the desirability

of preserving the building or its setting or any features of special architectural or historic

interest which it possesses.

The gate at the Ramsgate Road entrance of the site is an important feature upon the land

and therefore it is vital that this element is retained. Rather than altering its appearance it is

instead being incorporated into the scheme as a pedestrian and cycle access which i s both

an appropriate use of the gate as well as being sympathetic towards its historic value.

The level of the impact to the cottage has also been considered through the possible

movement, albeit slight, or ‘ stepping back’ of another access road which adjoins from

Poolhole lane and runs adjacent to its West and Principle Elevation. This access already

exists and therefore i ts recession from the property i s considered to have a neutral to

positive implication. On undertaking a site visit i t was noted that UPVC was present within

the cottage's front elevation to the installed dormers which does not appear to have been

acknowledged through its recent listing in 2017.

Therefore the date of installation will be presumed to be present unless

further information is provided. Ultimately the UPVC should be removed from the heritage

asset.

It has also been noted that there is another cottage, perhaps once a stable, present on site

which was not listed alongside the other assets. However it would be considered to perhaps

have a curtilage relationship with the main building as an established active presence

incorporated to its history and development. Currently the property is not affected by the

proposed development or scheme but I would like to to be noted that I consider it to to be a

part of the setting of the main listed building a non designated heritage asset nonetheless.

The main lodge itself is a fine specimen and a strong example of a unique gothic style

building and one of few remaining within Thanet. Externally the front elevation i s believed to

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be largely unaltered from its original form with any built development being focused to the

rear and more exactly, the north side. Within this application there are no direct implications

to the physical fabric of the building and it remains unchanged as part of the work proposed.

This historic property is currently a single use dwelling of which I believe to be the most

appropriate use of the building. Its possible future conversion would likely cause substantial

harm to its fabric and character and therefore is unlikely to be supported.

As it stands this proposal does not affect the dwelling which is a positive attribute of the

works planned.

The scheme proposed as part of this application resides largely to the north of the site with

there being an adequate distance between the proposed dwellings and Westwood Lodge.

This distance is considered to be far enough that I do not believe there to be a harmful

impact to its heritage setting nor implications upon its curtilage. Harm is further negated from

the development by the slight stepping back of the properties as well as their proposed

orientation. Largely views incorporating Westwood Lodge are retained as they currently

exist, this is further assisted by the positioning of existing landscaping present on site.

Although landscaping cannot be relied upon in protecting views and lines of sight, the trees

in question in this application are protected under Tree Protection Orders and would need

authorisation to be removed. The perceivable views and setting of the other heritage assets

are also considered to be protected due to their sensitive incorporation as part of the

scheme. I would however like to see further details of what boundary treatments are

proposed for the area between the large scale development and Westwood Lodge as this

could have an impact on its setting dependent on material and positioning.

Overall I am content that this application has somewhat sympathetically approached the

layout of this site by keeping a clear distance away from the listed main property and utilising

the grade II listed gates without change. There i s no direct harm caused to the fabric of the

listed entities as well as minimal impact to their setting. I believe that this application meets

with national and local guidance and therefore I do not object to this application.

If this application was to be approved I would like to see further information regarding

boundary treatments including their proposed material and positioning when compared to

Westwood Lodge and other heritage assets. I would also like to see a more detailed plan of

the intended method of incorporating the listed gates within the scheme as well as street

lighting proposed for the development and an analysis of possible implications to the

heritage character of the site.

TDC Biodiversity and Horticulture Officer - I have had extensive meetings onsite, emails

and zoom meetings relating to the site. I have worked exhaustively with Adam the

arboricultural consultant and Roger the Project Coordinator for the project. The positive

result of this is we have been able to significantly reduce the tree loss whilst achieving

wildlife corridors through the site. Whilst still enabling the development to achieve the

desired number of residences. Indeed, from the original proposal to today we have retained

an extra 2.89ha of woodland from 1.81ha on the outline proposal to 4.7ha being retained

today. What is being additionally retained contains a lot of the mature trees and woodland as

well as some of the TPO’d trees.

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Agenda Item 4a

The reduction of sycamores is required to significantly increase the diversity of native trees

within the woodland areas. We have reduced the impact to TPO trees in our discussions but

inevitably some will go. Through the woodland management plan the reduction of sycamores

can be carried out sensitively whilst replacing them with a broad selection of tree species the

selection of which I have had an active part in.

The aim agreed is to achieve 5 tiers within the woodlands consisting of larger trees, smaller

trees, shrub layer of native shrubs like guelder rose, spindle, dogwood etc under these the

aim is to remove a big % of the ivy and then tilth and seed with a wildflower seed mix, Adam

has come up with a great mix that mirrors genus/species that would likely have originally

historically been in this area, under these will be swathes of native bulbs like wood

anemone, bluebells. There is to be regular thinning and replanting over a ten year period to

capitalise on this opportunity to manage the site before ownership, governance and funding

can change again. As part of the management and aftercare of all these trees and plants a

comprehensive watering plan has been put in place in line with best practice from the

arboricultural association and the forestry commission.

The trees around the margins will largely stay but in some cases will be reduced in height

and may need coppicing. There will be a 3 row of native genus/species hedging to retain and

enhance these important wildlife corridors and screens for the development. The

management will be aimed to achieve an aesthetically pleasing background to the properties

whilst reducing problems in the longer term from residence complaining of shade. This

should reduce the demand to fell later on and allow more light into the gardens and

properties.

I have also discussed with Adam and Roger the possibility of having a pond on site.

Originally intended to be in the swales this has now been placed inside the woodland area

and included as part of the woodland management plan., This will create aquatic habitats

that are now sadly few and far between. This will increase the range of native plants that can

be grown, for example marginal plants, floating and submerged aquatics.

I believe the land management proposals if enacted as visioned could be an exemplary

example for flora and fauna connectivity and people's enjoyment. The proposal for the

interested parties to sign up to the scheme and this to be tied to a subsequent preservation

order that will cover the entire site will strengthen the commitment to see the management

plan carried out.

It is also encouraging to see hedgehog highways are factored in the back fences will be

slatted so views and access for wildlife is feasible. The inclusion of a number of swift boxes,

bat boxes and other habitats across the site is also encouraging.

In summary as a result of proactive communication from the developer and their consultants

we have achieved a development that should greatly improve biodiversity and retain as

many trees as possible on this site whilst allowing this much needed development to achieve

the number of houses Thanet needs.

TDC Waste & Recycling - The vehicle tracking shows that vehicle dimensions used are

shorter than our vehicles which are 11.5 metres.

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Agenda Item 4a

It looks as if residents and visitors will be able to park on corners which may prohibit our

access. Will there be double yellow lines restricting parking and if this is an unadopted and

private site will this be enforced.

There is a change of colour on the roads - if this is intended to be block paving we have

concerns about driving on this, not only due to the weight bearing capacity but also due to

the porous nature of the block paving which can stain easily.

As with all these large developments we will need to make site visits and be sure that the

site is safe for us to accessonce residents start to move into the properties. If we feel it is

unsafe to access, the developer will need to make their own arrangements to dispose of

resident's waste until such times as our vehicles and staff can access safely.

We would also comment that we are unable to identify where the street lighting will be

situated and have concerns with regards to its proximity to the edge of the kerb

TDC Strategic Housing - 29/04/21 I can confirm that we have been part of the discussions

with the developer and the Registered Provider and we are fully supportive of this

development.

(19/01/21) In regards to the reserved matters R/TH/20/0174 for outline planning application

OL/TH/15/0788, Strategic Housing do not have any further comments to make regarding the

reserved matters in regard to the strategic housing provision. Following discussions with

Town and Country the Registered Provider we are supportive of the proposed mix of units.

We are supportive that the site is a modular development.

TDC Environmental Health - Air Quality - Standard air quality mitigation for residential of 10

or more units: 1 Electric Vehicle charging point per dwelling with dedicated / allocated

parking or 1 charging point per 10 spaces (unallocated parking). Furthermore conditions are

requested in respect of an emissions mitigation assessment and emissions statement.

COMMENTS

The application has been called in by Cllr Mike Garner, to enable Members to consider the

issues of biodiversity, the amount of affordable housing and about whether the conditions

laid down by the Planning Inspector are being delivered.

Principle

The principle of residential development of this site has been found acceptable by the outline

permission OL/TH/15/0788 for 153 dwellings, with the site subsequently allocated for

housing in the Local Plan, policy HO1. On this basis members are only considering the

details of the housing scheme.

Character and Appearance

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Agenda Item 4a

Paragraph 127 of the NPPF states decisions should ensure that developments will function

well and add to the overall quality of the area, are visually attractive as a result of good

architecture, layout and appropriate and effective landscaping, sympathetic to local

character and history, establish a strong sense of place and optimise the potential of the site

to accommodate and sustain an appropriate amount and mix of development and create

places that are safe, inclusive and accessible. Policy SP35 relates to the quality of

development and states that new development will be required to be of high quality and

inclusive design. Policy QD01 relates to sustainable design and sets out that all new

buildings and conversions of existing buildings must be designed to reduce emissions of

greenhouse gasses and have resilience to function in a changing climate. Policy QD02 is a

general design policy and sets out that the primary planning aim in all new development is to

promote or reinforce the local character of the area and provide high quality and inclusive

design and be sustainable in all other respects. External spaces, landscape, public realm,

and boundary treatments must be designed as an integral part of new development

proposals and coordinated with adjacent sites and phases.

This reserved matters application seeks approval of 153 dwellings as the principle has been

established. For consideration is the approval of access, appearance, landscaping, layout

and scale. The proposed dwellings are to be modular (L & G Modular Homes) in

construction. Modular homes are built from manufactured sections, which are designed to fit

together and are manufactured off-site, transported to their development and then combined

to form a finished property, resulting in an expedient delivery of units of housing.

In terms of units types, there are 4 different house types - Malden (2 bed), Enfield (3 bed)

and the 3 bed M4 (3) and 4 bed type have been used across the site. All dwellings are two

storey and mostly have ridges parallel to the road, although some have gables. The

dwellings proposed are a mix of terrace and semi-detached units.

In terms of character of the surrounding area - the site is quite secluded from outside views

due to the heavily landscaped nature of the site, indeed Westwood Lodge itself is not visible

clearly from Poorhole Land or Ramsgate Road. The dwelling known as the Cottage is visible

from Poorhole Lane, but is set down at a lower level to the road, limiting its presence to the

road. To the south of the site separated by Poorhole Lane are large commercial units. To

part of the eastern boundary are commercial units, beyond which is the countryside. To the

northern boundary is countryside with some low level buildings and a dwelling, with the

western boundary adjacent to Sloe Lane, located for the most part with a good degree of

separation to existing residential development fronting Ramsgate Road. The development is

closest to Hurston Cottage, Sloe Lane at the northwestern corner of the site. Within the site,

to the south and the eastern side of the proposed main vehicular access into the site is

Westwood Lodge (Grade II) and The Coach House and The Cottage (Grade II). The

development site is largely therefore contained and would not be readily seen in conjunction

with existing built form.

Layout

The proposed layout includes two access points; the vehicular access being from Poorhole

Lane and a secondary access at Sloe Lane - however this would have bollards. The

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vehicular access off Poorhole Lane then extends into three arms forming a series of cul de

sacs. These three arms are separated by two landscape fingers within the site, which utilise

the current landscape features as well as the soft landscaping to the boundaries and also in

a horizontal band across the southern section of the site.

All development fronts either the road or turning heads, and corner plots have been

amended so that they achieve visual interest within their side flanks to the access road with

windows being incorporated. Street trees have also been incorporated into the scheme. In

terms of the position of houses there is a strong building line along the main horizontal road

to the north of Westwood Lodge creating frontage to the open space, but within the created

cul-de-sacs of residential units there are staggered frontages which add interest to the layout

and do not appear regimented except when trying to frame and draw the eye upto

Westwood Lodge, still retaining its staging and prominence within the site. Given the

retained landscape fingers within the site and to the boundaries the overall character of the

estate would have a verdant character.

With regards to parking associated with the dwellings proposed most units have their off

street parking to their respective frontage - although some units have their space to the side

or rear of the unit. Parking is also shown along the horizontal access road (this would be

visitor parking).

Scale

All of the dwellings proposed are two storey in height. Residential development in the

surrounding area is characterised by single and two storey units, in addition there are large

commercial units although these are akin to two/three storey height dwellings.

It is considered that the proposed two storey height of the dwellings are acceptable within

the site given the context of the surrounding area. Whilst the site is enclosed it is accepted

that some of the units would be more prominent than others - for example long views in from

Poorhole Lane along the vehicular access and adjacent to Sloe Lane, although both of these

would be inhibited to some degree by distance and to the latter by landscaping. However

two storey development is considered appropriate for this site.

Appearance

With regard to the appearance of the units proposed as detailed above there are 3 different

house types across the site- although there are variations within these house types to give

the scheme a variety and a sense of place. The design addendum submitted in support of

the application outlines different character zones related to these differing elevations. In

terms of the Malden, this is a two bed dwelling and the scheme has in total 93 of these units.

It has a ridge parallel to the road with a pattern to the fenestration and openings. Some of

the units have a feature material between the first floor windows or around the smaller first

floor window. The Enfield has a similar appearance to that of the Malden but with some

variation to the fenestration - the larger ground floor window within the front elevation,

special detailing is also incorporated into the first floor in terms of the materials within some

units. Furthermore some of these units also incorporate a gable to the front and rear

elevations - for example block 18. Within the proposed scheme there are 47 Enfield units.

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3bed M4(3) has its ridge parallel to the road with a balanced appearance to its openings

within the front and rear elevations, within the site there are 3 units on the site (block 23 plots

26, 27 & 28). Finally 4 bed semi-detached dwellings - again with the ridge parallel to the

road, the front entrance door is positioned slightly off set, but the window openings have a

balance in terms of their placement.

The designs have a consistency between them whilst incorporating features to give them

visual interest within a site of this scale. The use of materials (buff and cream brick and dark

grey and black roof tiles) and feature panels will also add to the visual variety- precise details

are to be confirmed by planning condition (samples). Whilst photovoltaic panels are

proposed on the rear elevations of all the units the panels are such that they do not over

dominate the rear roof slope. Overall it is considered that there is sufficient diversity in house

design to create interest whilst ensuring it acknowledges the context and identity of its

location, scale, massing, rhythm, density, layout and use of materials appropriate to the

locality. The scheme is therefore in accordance with Policy QD02 of the Thanet Local Plan,

and paragraph 127 of the NPPF.

Landscaping

In respect of existing trees on the site, it is highlighted to Members that there is a tree

preservation order (TH/TPO/19(1988)) covering the southern part of the site and to the

northern and eastern boundary of the site; B/TPO/1(1956)A14. In addition at the existing

Ramsgate Road/Sloe Lane entrance; B/TPO/1(1956)A12. The supporting information

accompanying this application details that the tree preservation orders B/TPO/1/(1956) A12,

A14 are very old and therefore the amount of information provided about the trees present in

1956 is limited. In terms of tree coverage on site at the current time this is to the perimeters

and across the southern portion of the site and well as have two fingers of landscape across

the site (south to north).

The submitted Arboricultural Constraints Report identifies that there are hundreds of trees on

site and in order to be efficient and to pinpoint trees of particular interest or importance 45

individual trees have been surveyed and the remainder put into 20 large groups. The

majority of the individual trees surveyed are in the area of woodland along what was the

main access into the site; this is where the majority of the category B trees are located. The

report notes that most of the larger and more important trees are non-native of varying

condition and quality, a large number of mature trees on the site however the majority of

these are sycamores. A tree retention and removal plan has been submitted showing that

removal of trees is limited to areas to be developed for housing and road infrastructure, and

the removal of trees on the site was accepted during the Inspectorate’s approval of the

outline application. The retention plan shows the groups of trees on the northern and

western boundaries which currently screen the site are to be retained, which will safeguard

any trees covered by the 1956 TPO. In relation to the 1988 TPO, a number of trees

protected by this order will be removed as a result of the new access road into the site from

Poorhole lane. Whilst this will result in some amenity harm, the location of the access road

has been dictated by highway safety issues and the impact on the listed Cottage, meaning

that to facilitate the approved development some tree loss will occur, as outlined in the

appeal decision at outline stage.

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An Arboricultural Method Statement (11/02/2021) accompanies the reserved matters

application that provides information in relation to the tree retention plan and removal plan as

well as tree protection plan. This follows the submission of an Arboricultural Impact

assessment. The document details measures relating to location of site area

compounds/materials/equipment outside of root protection areas for retained trees, the

position of tree protection barriers as well as direct arboricultural supervision for manual

excavation within RPAs of retained trees. A condition will be imposed to require the

measures detailed in the method statement shall be carried out in full, with site personnel

required to work in accordance with these plans. This is considered reasonable and

necessary to safeguard green infrastructure on the site.

A detailed landscaping plan specifying the species of the trees to be planted has been

assessed by the Council’s Biodiversity and Horticultural officer as acceptable, with a

woodland management plan identifying specific measures to monitor the new trees and

change the proportion of non-native species with native species (with an overall reduction in

the number of sycamores across the site). Subject to safeguarding conditions, the proposed

development will both maintain key protected trees from the site and whilst tree loss will

occur through the erection of the dwellings, this is kept to a minimum, with the woodland

management plan potentially enhancing the type of tree coverage on site with greater

oversight.

With regard to the internal hard surfaces these comprise a mixture of block paving shared

surface and tarmac. 1 metre high timber railed boundary treatments have been used to

denote the boundaries to the open spaces on the site, with prominent side boundaries to

rear gardens on corner properties proposed to be 1.8m high walls rather than close-boarded

fencing, avoiding an ephemeral appearance in prominent areas.

In terms of the relationship with TM8 (Sloe Lane) a pedestrian/cycle link (3m emergency

access) connects to the existing gated entrance, this would have bollards in place to prohibit

general access and egress. Further routes are indicated on the landscape layout along the

western boundary which link to the footpath providing additional routes to the footpath.

Overall the proposed development will accord with Policy GI06 of the Local Plan, preserving

the landscaping character of the site whilst creating an attractive environment for users and

occupiers.

Impact on designated heritage assets

Since the determination of the outline application at appeal, Westwood Lodge has been

Grade II listed (7th June 2017). The list description details the property was a holiday

residence of 1864 built for London stockbroker Spencer Herepath in Gothic style. In terms of

materials used in the construction the list description details that these are Kentish Ragstone

with stone dressings and wooden barge boards. A clay tile roof with moulded terracotta

chimney stacks and 'Staffordshire Blue' ridge tiles with some intact decorative finials. The

servant's wing to the rear is in yellow stock brick in Flemish bond.

The Cottage was also listed at this time and is constructed of knapped flint with flint galleting

and brick and dates from the 17th Century.

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It is acknowledged that the current setting of Westwood Lodge is extensive, with the

Cottage’s setting a lesser, more immediate, extent. In terms of The Cottage, the proposal,

once constructed would see the vehicular entrance and access roadway moving further

away from the property- currently it is approximately 8m and this would increase to 22m from

the building. In my view this would be a benefit to the current setting of the Cottage. Whilst

there will be an increase in the traffic using the new entrance substantially above the existing

level, the Cottage is within close proximity of Poorhole Lane and therefore the presence of

traffic would not alter the character of the asset. In regard to the new dwellings, these are a

sufficient distance away from the Cottage and separated by tree coverage not to adversely

affect its setting.

Westwood Lodge itself is a striking gothic building and its front elevation has largely

unaltered over the years. The development of residential properties within the setting of the

building will result in a visual impact from the change in the relationship between the building

and the space around it. The nearest dwelling proposed is set away by approximately 27

metres. The ridge height of the nearest dwellings (block 18) are approximately 9.5m and it is

noted that the end of terrace unit in question has a gable and thus part of the bulk of the roof

is reduced. The TDC Conservation officer says that there is an adequate distance between

the proposed development and Westwood Lodge and as such considers there will not be a

harmful impact to its setting nor implications upon its curtilage. The officer also considers the

siting of the development by the slight stepping back of the properties as well as their

proposed orientation also lessens any impact. It is also acknowledged that the proposed

layout makes provision that views incorporating Westwood Lodge are retained as they

currently exist (including the designed view of the southern elevation of Westwood Lodge

and route to entrance on the western elevation), whilst the retention of established woodland

(including the TPO trees) will sufficiently screen the new access road and closest dwelling to

avoid harm to the immediate setting of the building. The proposed development will also

increase the accessibility and prominence of the heritage asset, allowing an opportunity to

understand and appreciate the asset when previously hidden.

Additional information has been provided in terms of the boundary treatments within the

scheme and also hard surfacing in part. The Conservation Officer has confirmed that the

boundary treatment, which would be seen in context with Westwood Lodge is appropriate

and would not harm its setting. Whilst some hard surfacing details have been provided, not

all the areas are covered and this could have an impact upon the character of the site and as

such more details are required, this can be secured via condition. A condition is still required

in relation to the bollards adjacent to the listed gates at the Sloe Lane/Ramsgate Road

entrance to ensure their acceptability in terms of the designated heritage asset.

The proposal would demolish a number of non-historic single storey structures, including a

large detached building used by the pet crematorium previously. The removal of these

buildings will not result in any detrimental impact on the setting of the listed buildings or the

character of the area.

Therefore, whilst the development will affect the setting of the designated heritage assets on

the site, through the layout, design and landscaping of the development this impact will be

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minimised and mitigated to safeguard and preserve the significance of the listed buildings, in

accordance with Policy HE03.

Living Conditions

Paragraph 127 of the NPPF states that planning decisions should promote an effective use

of land in meeting the need for homes and other uses, while safeguarding and improving the

environment and ensuring safe and healthy living conditions.

Policy QD03 of the Local Plan deals specifically with living conditions. This policy states that

all new development should:

1) Be compatible with neighbouring buildings and spaces and not lead to the unacceptable

living conditions through overlooking, noise or vibration, light pollution, overshadowing, loss

of natural light or sense of enclosure.

2) Be of appropriate size and layout with sufficient usable space to facilitate comfortable

living conditions and meet the standards set out in QD04.

3) Residential development should include the provision of private or shared external

amenity space/play space, where possible.

4) Provide for clothes drying facilities and waste disposal or bin storage, with a collection

point for storage containers no further than 15 metres from where the collection vehicle will

pass.

In terms of Westwood Lodge itself, the nearest dwelling is set away by approximately 27

metres away. This dwelling ; block 18, plot 153 has no windows in the side elevation. Given

the distance of separation and the fact there are no windows within the side flank of plot 153

I consider the relationship to be acceptable in terms of overshadowing, loss of light and

overlooking Westwood Lodge.

With regard to Sloe Lane Properties I consider that the proposed nearest dwellings to them

in block 24, plots 24 & 25 are a sufficient distance away and together with the landscape

buffer would not result in harm to the amenities of the existing occupiers therein.

Therefore the detailed reserved matters proposal would preserve the living conditions of

properties both within and surrounding the site.

In terms of the living conditions of the future occupiers of the proposed dwellings, Policy

QD03 requires new development to be of an appropriate size and layout with sufficient

usable space to facilitate comfortable living conditions and meet the standards set out in

Policy QD04, which are the National Described Space Standards (March 2015). Paragraph

127 of the National Planning Policy Framework requires development to provide a high

standard of amenity for existing and future users, with all windows serving primary habitable

rooms required to provide an acceptable level of outlook, natural light and ventilation for the

rooms.

It is considered that each proposed unit would be provided with adequate levels of light and

ventilation and be served by a vehicle parking space as well as each having an area of

amenity space which would provide space for bin storage, clothes drying and doorstep play

space. All new residential development is required to meet the Nationally Described Space

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Standards to ensure a good standard of accommodation for future occupiers. The proposed

units would meet the respective standards and given the above they are considered to

provide a good standard of accommodation for future occupiers.

Doorstep playspace is required for all 2-bed units or more under Policy GI04 of the Thanet

Local Plan, along with refuse storage, clothes drying and cycle storage space. Each of the

dwellings has an enclosed usable doorstep playspace.

Policy QD05 relates to accessible and adaptable accommodation, the site layout plan

identifies that there would be 3 units that are M4 (3) compliant (wheelchair user dwellings);

this policy requires 5% of the affordable housing units on housing developments. The

affordable tenure plans show these units to be rental. In addition the agent has confirmed

6.5% of the affordable will meet this requirement (exceeding the 5% threshold), although this

is not illustrated on the site layout plan.

The policy also requires 10% of new build developments will be expected to be built in

compliance with building regulation part M4(2) accessible and adaptable dwellings again this

is not illustrated on the site layout plan but the agent has confirmed that at least 15 units

(10%) will be provided. The agent details that the precise plot numbers will be determined by

site levels so at this point it is not possible to specify which plots will be M4(2) and M4(3)

compliant, but the modular nature of the units will allow them to be fitted into the layout

where the site conditions dictate. They have stated that they would accept a condition to

cover the plot numbers, with details to be supplied prior to occupation. The proposal

therefore complies with Policy QD05 of the Thanet Local Plan.

Policy GI04 of the Thanet Local Plan requires that new residential development make

provision for appropriate amenity green space, which for this development equates to a LAP

(Local Area of Play) a LEAP (local equipped amenity of play) and a contribution to a MUGA

(multi use games area). As this is a reserved matters application a contribution cannot be

obtained at this stage. It is recognised that the outline application was determined under the

2006 Local Plan Policy SR5 the original outline as detailed within the officer Committee

Report detailed that the illustrative proposals included formal and informal public open space

of 0.8 hectares, including equipped play areas of 400m sqm within the site which it noted

were in compliance with the policy requirement.

The submitted plans show the provision of LEAP to the south of the proposed built

development (400sqm), and low height play equipment to follow the woodland walk in one of

the central landscape fingers (minimum size being 100sqm). The location of the LEAP is

considered acceptable for use by the new dwellings in the site, with a condition requiring

details and installation of the play equipment to be provided prior to the occupation of any

units. The submitted plan also identifies a low height equipment to follow the woodland walk

in the western green finger. The remaining green areas across the site are to be retained

and enhanced and can be an open space resource for the occupiers, but not ‘equipped’.

These create additional recreational space benefitting the residents of the development.

Overall the proposed dwellings would accord with both Policies QD03 and QD04 and

provide open space provision in accordance within the provisions of the outline application.

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Transportation

The traffic generation from the proposed 153 dwellings was assessed at outline stage and

was considered to be unlikely to have a significant impact on the adopted highway network

subject to the payment of a financial obligation towards offsite improvements in the

Westwood cross area (approximately £306,000). It falls to consider the detailed access,

layout and parking issues for the proposed development at this stage.

Paragraph 108 of the NPPF says that in assessing applications for development it should be

ensured that:

Appropriate opportunities to promote sustainable transport modes can be - or have been -

taken up, given the type of development and its location;

Safe and suitable access to the site can be achieved for all users; and

Any significant impacts from the development on the transport network (in terms of capacity

and congestion), or on highway safety, can be cost effectively mitigated to an acceptable

degree.

Furthermore paragraph 110 details applications for development should:

a) give priority first to pedestrian and cycle movements, both within the scheme and with

neighbouring areas; and second – so far as possible – to facilitating access to high quality

public transport, with layouts that maximise the catchment area for bus or other public

transport services, and appropriate facilities that encourage public transport use;

b) address the needs of people with disabilities and reduced mobility in relation to all modes

of transport;

c) create places that are safe, secure and attractive – which minimise the scope for conflicts

between pedestrians, cyclists and vehicles, avoid unnecessary street clutter, and respond to

local character and design standards;

d) allow for the efficient delivery of goods, and access by service and emergency vehicles;

and

e) be designed to enable charging of plug-in and other ultra-low emission vehicles in safe,

accessible and convenient locations.

A relocated and widened vehicular site accesses is proposed off Poorhole Lane. This would

be to the west of The Cottage and slightly elevated to this property. An emergency access is

proposed from the Sloe Lane/Ramsgate Road access that would be controlled by bollards.

This application considers the highway impact from the proposed layout. The initial site

layout had a series of connected roadways off the horizontal access road across the site, no

cul-de-sacs were provided and two main vehicular accesses were proposed from Ramsgate

Road/Sloe Land and a new access from Poorhole Lane.

Amendments were sought by KCC during the application process that have informed the

detail of the scheme. Amendments sought included a safety audit on the road accesses,

alterations to the cycleway, clarification on how the Slow Lane/Ramsgate Road access

would prevent general vehicular access whilst allowing pedestrian/cycle access, visibility

splays, width of carriageway/footways, location of footways, speed restraint measures,

location of street trees, types/suitability of hardsurfacing, location of parking, general parking

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space sizes, location of electric charging points and lack of detail on cycle parking for the

scheme.

Amended plans and additional details have since been submitted. This confirms no vehicular

access from Ramsgate road/Sloe Lane except for emergency vehicles. KCC Highways has

advised that the site layout as amended provides suitable access and sufficient parking to

ensure that unacceptable on-street parking on the highway is unlikely to occur. Specific

conditions are required in relation to the visibility splays for the access on Poorhole lane, at

the pedestrian/cycle access on Ramsgate road and within the development. This is required

to ensure that safe access is provided to the development in accordance with policy QD02.

The completion and retention of the pedestrian/cycle route between Ramsgate Road/Sloe

Lane and the western cul-de-sac is also required, along with the completion of the Poorhole

Lane access prior to the use of the site commencing on these grounds.

It is confirmed that the site access meets the approval of the Kent Fire and Rescue service.

In terms of the internal layout the access off Poorhole Lane leads onto a central horizontal

spine road that has three further roads leading off, these eventually terminate in the form of

cul-de-sac arrangements. Speed restraint measures are also incorporated, with horizontal

deflection, raised tables and surface material changes throughout the scheme. The legibility

of the layout of the internal highway network is considered to be acceptable, with clear route

desired lines for cars and pedestrians.

In total 337 parking spaces have been provided, equaling to 2 spaces per dwelling and a

further 31 visitor spaces. Parking spaces associated with the dwelling which they serve are

to the front, side or rear of the property and most visitor parking is within the road, parking

laybys and designated bays in front of dwellings. It is noted that some units would have

tandem parking arrangements. Whilst this is not considered ideal given that this might

necessitate an additional number of vehicle movement when compared with mutually

accessible parking spaces, in this instance it is noted that KCC Highways have not objected

to the development. Given the limited number of units affected by this and the cul-de-sac

nature of the development, it is not considered that this arrangement would have a serious

impact on highway safety by resulting in an increase in on-street parking outside of the site.

The planning conditions attached to the outline planning permission will require these

spaces to be provided prior to the occupation of the units to which they serve.

KCC Highways have advised that through the adoption process for the roads in the site, that

right turns out of the development will be restricted, with details of street lighting to form part

of the Section 38 agreement under the Highway act.

Large vehicles are required for waste and recycling collection, with the application supported

by tracking plans that show how a vehicle could access the site and turning within it.

Dwellings are supplied with sufficient bin storage, including bin stores in a safe area at the

start of shared private drives where on-street positioning is not accessible. The Waste and

Recycling manager has raised concerns about the ability of their vehicles to turn if residents

and visitors park on corners and query if there would be measures to prevent this. It is

considered that if the roads are adopted and there is a subsequent issue with access for

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refuse vehicles being obstructed by parked cars, parking restrictions could be considered if

felt necessary.

Concerns were also raised about staining of the hard surfacing, however, this is not

considered to be an substantive issue to warrant a planning condition or other measures.

Matters relating to the erection, positioning and intervals of street lighting can be controlled

by condition.

KCC Public Right of Way have made comments in respect of TM8 in their latest response

they have confirmed they no longer have improvement requests regarding Public Footpath

TM8 as part of this application. They have stated that they would prefer to use any future

application for the land west of Sloe Lane for wider improvements as part of a larger

Highways scheme.

Following these amendments, subject to the imposition of safeguarding conditions, it is not

considered that there would be an adverse effect from the proposed development on

highway safety or parking in the surrounding area, with an adequate level and arrangement

of parking provided for the proposed development.

Biodiversity

Paragraph 170 a) of the NPPF states planning decisions should contribute to and enhance

the natural and local environment by protecting and enhancing valued landscapes, sites of

biodiversity or geological value and soils (in a manner commensurate with their statutory

status or identified quality in the development plan). The NPPF goes onto state at

paragraph 170 (d) states that opportunities to incorporate biodiversity improvements in and

around development should be encouraged, especially where this can secure measurable

net gains for biodiversity.

Thanet Local Plan Policy SP30 (Biodiversity and Geodiversity Assets) states development

proposals will, where appropriate, be required to make a positive contribution to the

conservation, enhancement and management of biodiversity and geodiversity assets

resulting in a net gain for biodiversity assets. Planning permission will not be granted for

development if it results in significant harm to biodiversity and geodiversity assets, which

cannot be adequately mitigated or as a last resort compensated for, to the satisfaction of the

appropriate authority.

Condition 14 of the outline application required an ecological management plan for the site

to be submitted with the reserved matters submission. It detailed that the document shall

include details of how the management plan will be implemented (including funding), details

of monitoring and details of ecological enhancements of the whole site.

The reserved matters application has been accompanied by a raft of supporting documents

relating to ecology and protected species survey work including; bat activity survey report,

bat emergency survey report, bat roost potential building and tree inspection survey,

breeding bird survey report and reptile presence/likely absence survey report. The surveys

have detailed the following:

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• 7 species of bats recorded foraging/commuting within the site – predominately common

and soprano pipistrelles.

• At least 31 species of breeding birds recorded on site – including amber and red listed

species.

• Barn owl recorded foraging within the site.

• Trees within the site have low/moderate potential to be used by roosting bats.

• A brown long-eared bat roost was confirmed in tree 47 – to be retained within the proposed

site.

• No reptiles were recorded during the survey.

A management plan has been submitted to address concerns both during construction and

for the development once built/occupied, and offering enhancements to comply with the

condition on the outline. This includes buffer around trees that could support bats/birds

during construction, retention and of hedgerows and grassland strips to support foraging

bats, hedgerows, provision of bat, kestrel, barn owl, swift and general bird boxes and

appropriate soft landscaping to support wildlife habitat (including bats, great crested newts,

birds).

The Council's Biodiversity and Horticulture Officer has supported the scheme detailing that

the development should greatly improve biodiversity and retain as many trees as possible on

this site whilst allowing this much needed development to achieve the number of houses

Thanet needs.

The supporting documentation sets out that the landscape strategy seeks within the public

realm; create an entrance to the development, using the landscaping to prevent passersby

from directly looking into front rooms but also allowing views out to allow natural surveillance

and avoid the creation of areas that are not overlooked, avoid small areas of soft

landscaping, additional planting and incorporating ‘natural’ play areas. In terms of the green

network areas the idea has been to create spaces for walkers, areas be dual purposed so

that they contribute to SUDs, reduce dominance of invasive tree species and ivy and provide

more appropriate tree planting and wildflower seeding and establish dense boundary

hedgerow.

It is considered that this strategy would result in development that would have a verdant

appearance and would be of benefit to the occupiers thereof but in addition it would bring

about biodiversity improvements to the site. It is therefore the officers opinion that the

scheme brought before them is in accordance with policy SP30 of the Local Plan.

KCC Ecology, as the Council’s competent experts, have advised that the ecological

information submitted is appropriate and are satisfied with the results of the further survey

work carried out, however have raised the necessity of a plan to identify the location of

mitigation/enhancements. This plan has been submitted by the applicant, and members will

be updated of the KCC Biodiversity comment on this plan at the Committee meeting. On the

basis that the content of the management plan has been considered acceptable, it is

considered that the detailed development of the site, with the appropriate safeguarding

conditions, would not have an adverse effect on biodiversity and protected species. Subject

to mitigation, no adverse effect will occur on the integrity of the protected sites in proximity to

the application site, either alone or in combination with other projects or plans. The amount

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of open space on the site also provides the opportunity for an enhancement of biodiversity

through the detailed ecological management plan submitted (in relation to condition 14 on

the outline) in accordance with paragraph 175 of the NPPF, as well as detailed measures to

enhance the environment for protected species.

Other Issues

In respect of affordable housing the submitted Affordable Tenure Plan confirms that the

scheme will achieve the quantum of affordable housing (30%) stipulated by the S106

agreement. Through the outline application, 30% affordable housing on site was secured.

The affordable housing on site would be split, 69% affordable rented and 31% shared

ownership.

A tenure plan has been submitted identifying the location of the affordable units. They are

spread out within the development sufficiently to ensure that the development would create a

cohesive community. The Strategic Housing Officer has no concerns with the location of

these units.

Size and Type of Housing

The proposal includes a range of unit type; terraced units and semi-detached units; and a

range of unit sizes, including 2-bed, 3-bed, and 4-bed units. Policy SP22 of the Thanet Local

Plan requires new development to provide an appropriate mix of market and affordable

housing types and sizes that has regard to the Strategic Housing Market Assessment 2016.

The mix of unit sizes proposed is more typical of the market need than the affordable need,

with no 1-bed units; the greatest affordable need. However, a higher density development of

1-bed flats would not be characteristic of this rural edged site, and therefore some flexibility

is required when balancing the need for the unit sizes with the visual impact. On balance, the

size and type of units proposed is considered to be acceptable given the wide range

proposed and the character of the surrounding area.

Furthermore the Strategic Housing Officer has confirmed that they have been part of the

discussions with the developer and the Registered Provider and we are fully supportive of

this development.

In respect of air quality the principle of 153 dwellings on this site has been approved at the

outline stage, the reserved matters looks at amongst other issues layout and detail of the

scheme. The Councils Environmental Health section have advised 1 Electric Vehicle

charging point per dwelling with dedicated / allocated parking or 1 charging point per 10

spaces (unallocated parking). Furthermore conditions are requested in respect of an

emissions mitigation assessment and emissions statement be secured via planning

conditions. These matters are issues in relation to the principle of development and were

considered within the outline application by the Planning Inspectorate, but not required.

Therefore the Council is unable to impose a condition requiring their provision as the matter

has been considered at outline stage and the applicant has stated that they are not willing to

provide these at this stage in development.

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The NHS Thanet Clinical Commissioning Group (CCG) has requested as part of this

reserved matters application that a contribution be sought of £116,220 to mitigate against

the direct impact of the scheme on delivery of general practice services. The principle of

residential development, and the impact on infrastructure, has been agreed for this number

of dwellings within the 2015 outline application and therefore this is not considered

necessary to make the development acceptable in planning terms.

In terms of energy efficiency the proposed dwellings have been designed so that PV panels

are installed on the rear roof slope. This will assist in meeting the required target under

policy QD01 to achieve a high standard of energy efficiency equivalent to Level 4 in the

Code for Sustainable homes and making best use of solar energy.

Condition 17 of the outline consent related to a detailed sustainable surface water drainage

scheme. A drainage strategy and supporting documents were included as part of the

reserved matters submission. It is confirmed that Southern Water and the Environment

Agency have raised no objections. KCC SUDs have raised some concerns in relation to the

discharge of condition 17 and have confirmed that this should not be discharged, however,

they noted that the proposed site layout plan will have adequate space to provide additional

storage for surface run-off if required; therefore, the layout of the site may be generally

acceptable. It is made clear therefore that this reserved matters application does not

discharge condition 17 of the outline consent and this will still be subject to further review

and approval and can be dealt with separately to the reserved matters application.

It is confirmed that matters pertaining to foul water drainage were safeguarded under the

outline consent, condition 16, which required full details of the foul drainage arrangement for

the site to be submitted to the Council prior to commencement of development..

A street lighting plan can be submitted via planning conditions in order that it addresses

concerns relating to ecology, impact upon refuse trucks and public safety concerns.

KCC Archaeology have requested conditions relating to the implementation of

archaeological field evaluation works and a programme of building recording. Taking into

account the outline decision it is clarified that conditions 12 and 13 require this, it is therefore

not considered necessary to add these conditions to the reserved matters application as this

is covered by the outline.

Condition 11 of the outline planning consent required that no development should take place

until a construction management plan had been submitted and approved by the Local

Planning Authority, it is therefore not required to reiterate this condition on this application as

it would still remain enforce.

Kent Police views were sought on the scheme and as a result of this they have confirmed

that they would recommend conditions to ensure a safe scheme. The conditions

recommended relate to the width of the cycle route - 3m - this has been clearly annotated on

the site layout plan and it runs through the southern wooded area and bollards would be

installed at the point of the Ramsgate Road/Sloe Lane entrance to discourage vehicle

access. Matters pertaining to boundary treatments can be safeguarded under the approved

plans condition, whilst it is appreciated that boundary treatments are not provided to the site

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Agenda Item 4a

frontages the areas of garden to the front are minimal and a boundary treatment would not

be appropriate.

Concerns are raised about the quality of external doorsets/windows and audio visual door

entry systems, however it is not considered that this can be secured by planning conditions.

Conclusion

This application is a reserved matters application for the erection of 153 dwellings following

the grant of an outline consent on appeal agreeing the principle and number of units for the

site.

The proposed development would take the form of a cul-de-sac off Poorhole Lane with

existing established tree areas within the site being retained and integrated within the

scheme; although it is appreciated that some trees are required to be felled to make way for

the scheme, other trees and soft landscaping which is more appropriate is incorporated

increasing the biodiversity of the site. The proposed dwellings are traditional in design,

although using modern construction methods - modular construction and at two storey’s

reflect the character and scale of surrounding residential development. The properties have

been designed/positioned to avoid any impact on the residential amenities of the occupiers

of adjoining properties and would provide a good standard of accommodation for future

residents. The impact upon highway safety is considered acceptable, with adequate off-

street parking provision and suitable and safe access onto the surrounding road network

subject to condition. The scheme also proposes 30% affordable housing for the District

(secured at outline stage) which is considered to be of benefit to the area.

It is, therefore, recommended that the application is approved.

Background Paper

Annex 1 Appeal decision APP/Z2260/W/16/3151686 (LPA reference: OL/TH/15/0788)

Case Officer

Gill Richardson

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Agenda Item 4a

TITLE: R/TH/20/0174

Project Westwood Lodge Poorhole Lane BROADSTAIRS Kent CT10 2PP

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Agenda Item 4a

Appeal Decision Hearing held on 15 November 2016

Site visit made on 15 November 2016

by Claire Victory BA (Hons) BPl MRTPI

an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 13 February 2017

Appeal Ref: APP/Z2260/W/16/3151686 Westwood Lodge, Poorhole Lane, Broadstairs, Kent C10 2PP

The appeal is made under section 78 of the Town and Country Planning Act 1990

against a refusal to grant outline planning permission. The appeal is made by Mr Jonathan Watts (Westwood Cross Developments Limited)

against the decision of Thanet District Council. The application Ref OL/TH/15/0788, dated 17 August 2015, was refused by notice dated

17 December 2015.

The development proposed is described in the application as “outline planning application with reserved matters, comprising 156 no. new build/altered residential (C3)

and 3 no. existing units and associated landscape amenity; on 8.3 ha of land adjacent to the Westwood Cross Retail Park”.

Decision

1. The appeal is allowed and planning permission is granted for 153 new build/altered residential (C3) and 3 no. existing units and associated landscape

amenity at Westwood Lodge, Poorhole Lane, Broadstairs, Kent C10 2PP in

accordance with the terms of the application, Ref OL/TH/15/0788, dated 17

August 2015, subject to the conditions in the schedule attached to this

decision.

Procedural Matters

2. The site address was given as Sloe Lane, Margate on the application form but

the parties now agree the address is as set out in the banner heading above.

Although the application form and appeal form referred to 156 new/altered

units and 3 existing units, the parties agreed that the maximum number of dwellings proposed should be 153, as set out within the submitted signed and

executed unilateral undertaking. As it would reduce the number of units I do

not consider that anyone would be prejudiced by this change. I have also

removed reference in the formal decision to the site address and size of site.

3. It was confirmed at the Hearing that although the application form stated all

matters were for consideration, all matters are reserved for future consideration, and an updated version of the landscape masterplan1 was

provided. Furthermore, the submitted Parameter Plan has been superseded.

1 Landscape Masterplan version 4B

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Background and Main Issues

4. The parties are in agreement that the Council is unable to demonstrate a five

year supply of deliverable housing sites. As a consequence, relevant policies

for the supply of housing should not be considered up-to-date, and planning

permission should be granted unless any adverse impacts of doing so would

significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework (the Framework) as a

whole, or where specific policies in the Framework indicate development should

be restricted2.

5. A unilateral undertaking (UU) has been submitted by the appellant, agreeing to

provide affordable housing on site and to make financial contributions towards

social infrastructure and transport improvements. The Council considers the submitted UU would address the second, third and fourth reasons for refusal,

and I deal with the provisions in the UU in more detail below. Consequently,

the main issues in the appeal are:

The effect of the proposal on the aims, character and appearance of the

Green Wedge;

If there is any harm, whether that harm would be outweighed by the

benefits of the proposal, having regard to paragraph 14 of the

Framework.

Reasons

Background and Planning Policy

6. The appeal site forms part of a Green Wedge between the settlements of

Margate and Broadstairs. This designation is covered by Policy CC5 of the

Thanet Local Plan (LP) (2006). This states that development within Green

Wedges will not be permitted unless it is not detrimental or contrary to the

aims of the policy, or is essential for the development to be located within a Green Wedge. Four aims of the policy, set out in paragraph 10.50 to the LP,

are broadly to retain the separate physical identities of the towns; to prevent

the consolidation of development on the boundaries between the built up areas

and open countryside of the Green Wedges, including the extension of isolated

groups of houses or other development; to conserve and protect the essentially

rural and unspoilt character and distinctive landscape qualities of the countryside separating urban areas; and to prohibit all but essential

development and other development which does not detract from the character

and appearance of the area.

7. The Council maintains that the LP Policy CC5 is not out-of-date for purposes of

paragraph 49 of the Framework, as it is an assessment policy. The appellant has submitted a legal opinion asserting the contrary, in light of the Hopkins

Homes3 case, which found that ‘counter policies’ setting out where housing was

not permitted may also be policies for the supply of housing.

2 In accordance with paragraphs 49 and 14 of the National Planning Policy Framework 3 Suffolk Coastal District Council v Hopkins Homes Ltd and Richborough Estates Partnership LLP v Cheshire East,

SSCLG [2016] EWCA Civ 168 paragraphs 46 and 47

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8. In coming to a view on this matter, I have had regard to the Secretary of State decision at Land west of Hamble Lane,4 supplied by the Council. In that

appeal, the aim of Policy 3C.O was to protect Local Gaps separating smaller

settlements, thus preventing their coalescence. Whilst the Inspector

considered the policy was not relevant for the supply of housing, the Inquiry

was held before the Hopkins Homes Judgement and the Secretary of State subsequently concluded that the Inspector’s comments reflected uncertainty

around the interpretation of paragraph 49 at that time, and concluded that it

was out-of-date. Nonetheless, taking into account the role of the Local Gap,

the consistency of the policy with the Framework, and the limited shortfall in

housing land supply, the Secretary of State afforded significant weight to the

policy.

9. LP Policy CC5, in directing housing away from Green Wedges is a relevant

policy for the supply of housing, and therefore it follows that Policy CC5 is out-

of-date. However, the policy is consistent with paragraph 17 of the

Framework, which requires decision makers to take account of the different

roles and character of different areas. It also accords with the requirement in paragraph 157 of the Framework for local plans to identify land where

development would be inappropriate.

10. I have also considered the housing land supply position in considering the

weight to be attached to LP Policy CC5. The Framework seeks to boost

significantly the supply of housing, and it is common ground that the District has only about 2 years housing land supply. The preparation of the new local

plan is at an early stage and the Council agrees that very little weight can be

attached to it. However it has advised that outline planning permission has

been granted for about 1,000 dwellings in the last 12 months, including on

sites identified in the draft local plan, none of which are in Green Wedges, and some are within the open countryside. Taking all of the above into account,

and recognising the substantial shortfall in housing supply, LP Policy CC5

continues to have an important role in maintaining the separate physical

identities of different settlements in the District, and I have therefore attached

significant weight to it.

Effect on the aims, character and appearance of the Green Wedge

11. The Green Wedge between Margate and Broadstairs was designated in the

early 1980’s, and has been retained in its current form more or less since then.

The Green Wedge comprises 482 hectares, and the proposal would result in

loss of 8.4 ha of land within it.

12. The appeal site lies outside of the settlement boundaries of Broadstairs and Margate. The village of Westwood has grown over time, particularly with

recent major retail and leisure development at Westwood Cross. The

difference between Margate and Broadstairs in this location is now almost

imperceptible as there is continuous development along southern road frontage

and only limited gaps along the northern frontage. By contrast, open countryside to the north and west of the appeal site provides a clear break

between built up areas, and can be seen from both Poorhole Lane and

Ramsgate Road beyond the site frontage. As a result, the contribution that the

4 Appeal by Hallam Land Management Ltd, Land west of Hamble Lane, Application ref O/13/73479 and Appeal Ref

APP/W1715/A/14/2228566 – paragraphs 14-17 of Secretary of State’s letter.

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site itself makes to the maintenance of a physical separation between Broadstairs and Margate is relatively limited.

13. The site boundaries, edged by hedgerows and mature trees, are visible in

views across open farmland, although the dense nature of the boundaries

means that the site is well screened. The Landscape Appraisal submitted by

the appellant5 considered the visual impact of the proposed development from a number of short and longer range viewpoints agreed with the Council, and

concludes that there would be only limited views of the proposed development

from Ramsgate Road and Poorhole Lane. It would be barely perceptible from a

longer distance from public footpaths and roads in the locality to the north,

east and west, due to the extensive tree cover along the site’s boundaries and

gradually rising ground levels towards the south. Furthermore, the site is not subject to any specific landscape designation.

14. The northern two thirds of the site comprises woodland and some open fields.

The southern third contain several buildings of various sizes. Westwood Lodge,

a large detached dwelling is set well back from the road frontage, and two

other residential properties are accessed by a short drive way from Poorhole Lane and are partially visible from the road. Together with a gateway and

walls also within the site, these buildings are non-designated heritage assets.

A warehouse occupied by a glazing company is situated a few metres from the

front site boundary, and a single storey building occupied by a pet crematorium

is set slightly further back into the site.

15. Poorhole Lane has recently been widened with the provision of an improved

footway and a 1.8m timber fence along the appeal site boundary. As part of

these highway improvements, some of the trees along the southern frontage of

the site were removed, resulting a greater visibility of some of the existing

buildings. Nonetheless, the remaining trees within the site provide relief from the built up area and make a positive contribution to its character and

appearance.

16. Although much Green Wedge land is open and undeveloped in nature, LP Policy

CC5 recognises that the character of Green Wedges is not homogenous and

seeks to protect their distinctive landscape qualities. The wooded nature of the

site contrasts with the open character of the surrounding farmland and therefore the site contributes to one of the four aims of LP Policy CC5 in

protecting the essentially rural and unspoilt character and distinctive landscape

qualities of the countryside separating urban areas.

17. Approximately 150 Category C sycamore trees would be removed as a result of

the development. The British Standard6 recognises that Category C includes low quality trees with estimated safe life expectancies of 10 to 20 years, but

also includes young trees with stem diameters of less than 150mm. Mr La Dell

pointed out that the aforementioned trees are mostly self-seeded and are not a

native species, and the tree survey indicates that some are diseased or in poor

condition. Nevertheless, some of these are mature specimens of up to 50 years old and have a group amenity value, as the woodland can be seen from

the road and from the rear gardens of adjacent properties. This was

5 Landscape Appraisal Drawing No. 2253/16/B/2B 6 British Standard 5837: Trees in relation to design, demolition and construction: Recommendations (2012)

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recognised in the Tree Preservation Order confirmed in 1988 covering the southern part of the site7.

18. 450 trees of native species are proposed to be planted, including semi-mature

specimens, as set out in the submitted enhancement and mitigation scheme.

It would take some years for these new trees to reach maturity and some of

the proposed dwellings, whilst well screened, would still be at least partially visible from the road due to the quantum of development. This would be

particularly apparent along Poorhole Lane where trees have already been

removed along the boundary to facilitate the road widening. However, because

of the retention of the most of the tree cover along the northern and eastern

site boundaries in combination with additional planting the proposal would not

intrude into the rural or unspoilt character of the Green Wedge.

19. To conclude, the proposal would result in the loss of a small part of the Green

Wedge, but as it would not significantly increase the coalescence of Broadstairs

and Margate the separate identities of the two settlements would not be

adversely affected. This would not materially compromise this aim of the

Green Wedge. There would be some localised adverse impact on the character and appearance of the Green Wedge along the Ramsgate Road and Poorhole

Lane frontage due to the further loss of trees within the site, and the

introduction of additional dwellings that would be partially visible. However, as

the woodland visible along the northern and eastern site boundaries would be

largely retained its distinctive landscape qualities would not be prejudiced. Taken as a whole I consider that there would be moderate harm to the Green

Wedge, contrary to LP Policy CC5.

Other considerations

20. The proposal would provide up to 153 new dwellings, 30% of which would be

affordable housing. This would be a significant benefit. The appellant has estimated that the development would generate between £17m and £21m GVA

and provide approximately 90 indirect jobs. Whilst such benefits might arise

from any large housing development, there is likely to be moderate economic

benefits both in the short term from construction activity on the site and in the

longer term through spending by future occupiers in the local area if the appeal

were allowed8. Furthermore, the site is situated conveniently for nearby shopping, leisure, employment, health and education facilities, and is well

connected by the local bus network. As such it is an accessible location.

21. The refurbishment and improvement of the non-designated heritage assets

within the site, comprising three dwellings, courtyard and driveway, walls and a

gateway deriving from the Victorian period, and the removal of an unsympathetic modern addition to Westwood Lodge would also be a modest

benefit of the scheme, albeit it is unclear whether this might occur in the future

regardless of this particular scheme.

22. Finally there is currently no public access to the site and the appeal proposal

would enable such access to new play facilities and local open space. These are to be provided to serve the new residents but could also be used by others

living nearby. The planting of 450 trees to replace about 150 trees proposed to

7 Tree Preservation Order No. 19 (1988) 8 Economic Benefits Statement – Barton Wilmore May 2016 (Appendix 43 of appellant submission)

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be removed would be a net benefit, providing a more healthy and diverse woodland, although it would take some years for this to be fully realised.

Other Matters

23. The submitted unilateral undertaking provides for 30% affordable housing on

site. This would meet the requirements of LP Policy H14. Local residents have

highlighted concerns with the capacity of existing social infrastructure, including primary and acute care and education, to accommodate new

residents. The unilateral undertaking makes provision for financial

contributions towards improvements to the Broadstairs Memorial Hall adult

education centre, refurbishment of the Quarterdeck Youth Hub, Thanet,

Broadstairs Library, primary and secondary education (phase 1 expansion of

Hartsdown Technology College), and a Changing Places facility at Westwood Cross shopping centre.

24. Furthermore, whilst there are concerns in relation to the traffic impact of the

appeal proposal, Poorhole Lane, a main route between Margate and Broadstairs

has been recently widened and the submitted transport assessment indicates

that the existing pedestrian, cycle and public transport networks provide opportunities for travel by non-car modes. The unilateral undertaking would

also secure a financial contribution for local transport improvements including a

toucan crossing at Star Lane, and enhanced pedestrian and cycle connectivity

from the site to the new primary school and other local facilities. Details of the

access, parking and layout can be secured by condition.

25. I am satisfied that future residents would place a demand on these local

services and infrastructure and so the contributions would meet the tests set

out in Regulation 122 (2) of the Community Infrastructure Levy (CIL)

Regulations 2010 (as amended). In addition the Council and Kent County

Council (KCC) also confirmed that the contributions would not offend the restrictions on pooling set out in the CIL Regulations.

26. Concerns have also been expressed regarding the impact of the development

on the local bird population and other wildlife, but KCC’s biodiversity officer9

has confirmed that the surveys undertaken by the appellant are acceptable and

I am satisfied that an ecological enhancement and mitigation scheme can be

required by condition to ensure no adverse effects on biodiversity.

27. I also acknowledge perceived failures in consultation during the determination

of the application expressed by local residents, including apparent problems

with the distribution of a letter drop. Nonetheless, residents attended the

Hearing and I heard a full range of views on the proposal, which I have taken

into account in reaching my decision.

Conclusion and Planning Balance

28. I have found that the proposal would conflict with LP policy CC5, as it would

detract from the character and appearance of the area. Whilst this policy is

out-of-date, it still has significant weight for the reasons I have set out above.

It is therefore necessary to consider whether there are any other material considerations which indicate that planning permission should be granted for

development which is not in accordance with the development plan.

9 Letter from Kent County Council Biodiversity Officer dated 5 October 2015

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29. The 153 dwellings and on-site affordable housing would be a significant benefit in a District with a substantial shortfall of housing. The site is in an accessible

location and would support local business and services. There would also be

some modest benefits arising from the enhancement of the non-designated

heritage assets. Although contributions to social and transport infrastructure

would be secured by the development this is not a benefit as they are necessary to adequately mitigate the impacts of the scheme.

30. The Council has stated that whilst limited development has been permitted

within Green Wedges, it has been to address a particular need, for example a

primary school built within the grounds of the local secondary school and an

extension to the Queen Elizabeth and Queen Mary Hospital. I also note that

although a 7m high commercial building was permitted to the east of the appeal site, this lies outside the Green Wedge. Moreover, although I have had

regard to the appeal decision at Land west of Hamble Lane, that scheme is

materially different to the proposal before me in terms of its openness10 and I

have determined this appeal with regard to the particular physical

characteristics of the appeal site.

31. I have found that there would be no harm to three of the aims of the Green

Wedge, but there would be moderate harm its character and appearance

arising from the visual impact of the new residential development along

Poorhole Lane, and to a lesser extent, along Ramsgate Road. These adverse

effects do not significantly and demonstrably outweigh the benefits of the proposal that I have identified especially the provision of extra housing in a

District where housing delivery through the plan-making process is some way

off. As such, the proposal would constitute sustainable development, and

material considerations, including paragraph 14 of the Framework, indicate that

planning permission should be granted for development which is not in accordance with the development plan.

32. I have considered the need for conditions, having regard to the Planning

Practice Guidance and the Framework. I shall attach conditions requiring the

submission of reserved matters and commencement of the development within

2 years of the last reserved matters to be approved, in order for the

development to have a satisfactory appearance and in the interests of highway safety.

33. I shall also impose a condition limiting the number of new dwellings to 153 as

set out in the unilateral undertaking and as agreed with the principal parties at

the Hearing.

34. Limits on the hours of construction, a construction management plan and noise mitigation measures are required to safeguard the amenities of neighbouring

occupiers. Details of footways, cycle parking spaces, and car parking spaces

are required, again in the interests of highway safety. However I shall not

require the provision of electric car charging points as the Council has not set

out why this is necessary for the development to be acceptable in planning terms. Furthermore, a condition requiring compliance with Crime Prevention

through Environmental Design is not necessary as this matter is covered by

other regulatory powers.

10 Appeal Ref. APP/W1715/A/14/2228566 - Paragraph 104 of Inspector’s report and paragraph 18 of Secretary of

State decision.

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35. Archaeological investigations and building recording are required to protect the heritage interests on site. An ecological management plan and a restriction on

works to or removal of trees during bird nesting season necessary to protect

biodiversity interests.

36. Foul and surface water drainage details are required to ensure adequate foul

sewerage capacity and to prevent surface water run-off beyond the site. Land contamination investigations are required to address any previously

unidentified contamination given the sensitive end users of the site.

37. For the reasons set out above I conclude that the appeal should be allowed.

Claire Victory

INSPECTOR

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APPEARANCES

For the Appellant:

Mike Goddard Planning Consultant, Goddard Planning

Wayne Murray Westwood Cross Developments Ltd

Jonathan Watts Appellant, Westwood Cross Developments Ltd

William Upton Pump Court, Temple, London

Mark Davies Pump Court, Temple, London

Tom La Dell Landscape Architect, La Dell Wood

For the Council:

Gillian Richardson Development Control, Thanet District Council

Emma Fibbens Development Control, Thanet District Council

Adrian Verrall Planning Policy, Thanet District Council

Interested Parties:

Mrs A Jackson Local resident

Mr M Jackson Local resident

Ms Lesley Peeling Local resident

Mr Ray Polle Local resident

DOCUMENTS SUBMITTED AT THE HEARING

1 Ward boundaries map supplied by the Council

2 Secretary of State decision – Land West of Hamble Lane, supplied by the

Council

3 Council appeal notification letter

4 Landscape Masterplan –version 4B

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Schedule of Conditions

1) Approval of the details of the access, layout, scale, appearance of the buildings

and landscaping of the site (hereinafter called the ‘reserved matters’) shall be

obtained from the local planning authority in writing before any development is

commenced.

2) Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

3) The development hereby permitted shall begin no later than 2 years from the

date of approval of the last of the reserved matters to be approved.

4) Plans and particulars of the reserved matters referred to in Condition 1 above

shall be submitted to the local planning authority in writing and shall be carried

out as approved.

5) The scale of the development submitted as reserved matters pursuant to

condition 1 shall not exceed 153 additional dwellings.

6) The working hours for all construction activities shall be limited to between

08:00 and 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays and not

at all on a Sunday or Public Holidays.

7) Prior to the first occupation of a dwelling, works between that dwelling and the

adopted highway as detailed below shall have been completed; i) footways and

footpaths, with the exception of the wearing course; ii) carriageways, with the

exception of the wearing course but including a turning facility, highway

drainage, visibility splays, street lighting, street nameplates and highway structures (if any).

8) Details pursuant to condition 1 shall include details of any proposed roads,

footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining

walls, service routes, surface water outfall, vehicle overhung margins,

embankments, visibility splays, accesses, carriageway gradients, driveway gradients, car parking and street furniture to be laid out and constructed in

accordance with details to be submitted to and approved by the local planning

authority prior to occupation of the development.

9) No dwelling shall be occupied until covered and secure cycle parking spaces,

associated with that dwelling, have been provided in accordance with plans and

details submitted to an approved in writing by the local planning authority. The development shall only be constructed in accordance with the approved details.

10) No dwelling shall first be occupied until the car parking spaces, associated with

that dwelling, have been constructed in accordance with plans and details

submitted to and approved in writing by the local planning authority. These

spaces shall be retained for their designated use thereafter.

11) No development shall take place until a Construction Management Plan has

been submitted to and approved in writing by the local planning authority.

Thereafter the approved plan shall be implemented and adhered to throughout

the entire construction period. The plan shall provide details of the following

matters: the routing of construction and delivery vehicles to and from site during construction; the parking and turning areas for construction and delivery

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vehicles and site personnel; the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway.

12) No development shall take place until the applicant, or their agents or

successors in title, has secured the implementation of: archaeological field

evaluation works in accordance with a specification and written timetable which

has first been submitted to and approved in writing by the local planning authority; and 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 been submitted to and approved in writing by the local

planning authority.

13) No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of building

recording in accordance with a written specification and timetable which has

been submitted to and approved by the local planning authority.

14) Details pursuant to condition 1 shall include an ecological management plan for

the site. The document shall include details of how the management plan will be implemented (including funding), details of monitoring and details of

ecological enhancements to be incorporated into the whole site. The

development shall be carried out in accordance with those details as submitted

to, and approved by, the local planning authority prior to occupation of any

part of the development.

15) No removal of any tree, shrub, hedgerow or other potential bird nesting sites

shall be carried out on site between March to August inclusive in any year,

unless otherwise approved in writing by the local planning authority. Where

vegetation is cleared in accordance with such approval during the bird breeding

season a check for nesting birds by a suitably qualified ecologist shall be undertaken and any vegetation containing occupied nests shall be retained

until the young have fledged. Compensatory nesting provision shall be made in

accordance with details including of timing submitted to and approved in

writing by the local planning authority.

16) No development shall commence until full details of the foul drainage

arrangements for the site have been submitted to and approved in writing by the local planning authority. The drainage details shall be constructed as

approved before any part of the development hereby permitted is brought into

use.

17) Development shall not begin until a detailed sustainable surface water drainage

scheme for the site has been submitted to and approved in writing by the local planning authority. The detailed drainage scheme shall demonstrate that the

surface water generated by this development (for all rainfall durations and

intensities up to and including the climate change adjusted critical 100 year

storm) can be accommodated and disposed of on-site within suitable SUDs and

infiltration features. No building hereby permitted shall be occupied until details of the implementation, maintenance and management of the

sustainable drainage scheme have been submitted to and approved in writing

by the local planning authority. The scheme shall be implemented and

thereafter managed and maintained in accordance with the approved details.

Those details shall include a timetable for its implementation and a

management and maintenance plan for the lifetime of the development which

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Appeal Decision APP/Z2260/W/16/3151686

12

shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the

sustainable drainage system throughout its lifetime.

18) No infiltration of surface water drainage into the ground is permitted other than

with the express written consent of the local planning authority; this will be

given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be

carried out in accordance with the approved details.

19) No development above foundation level shall take place on site until a scheme

to protect the dwellings from road traffic noise has been submitted to and

approved in writing by the local planning authority. The scheme shall be

implemented as approved before any of the dwellings are occupied.

20) If, during development, contamination not previously identified is found to be

present at the site then no further development shall be carried out until a

remediation strategy has been submitted to and approved by the local planning

authority detailing how this shall be dealt with. The remediation strategy shall

be implemented as approved.

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Agenda Item 4aAnnex 1

A02 F/TH/20/0969

PROPOSAL:

LOCATION:

Erection of 5No. 3 storey 3 bed and 1No. 3 storey 4 bed

terraced dwellings following demolition of existing offices,

stores and laundry

Addington House Business Centre Addington Place

RAMSGATE Kent CT11 9JG

WARD: Central Harbour

AGENT: Mr Jason Drew

APPLICANT: Mr J Gold

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted

application as amended by the revised drawings numbered 04577_NB109 Rev B received

03 March 2021, 04577_NB103 Rev C, 04577_NB104 Rev D, 04577_NB105 Rev D and

04577_NB106 Rev C received 09 December 2020.

GROUND;

To secure the proper development of the area.

3 Prior to the commencement of the development hereby permitted, a scheme to

address the issue of noise and odour which may affect residents and will minimise the

effects shall be submitted to, and approved in writing by the Local Planning Authority. The

proposal shall include:

- Acoustic glazing to all front facade windows and the rear elevation windows to Plot 6.

- Air conditioning details to be agreed - unit to be acoustically treated, details to be agreed.

GROUND:

In the interest of residential amenity for future occupants and in pursuance of Policy QD03 of

the Thanet Local Plan.

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Agenda Item 4b

4 Prior to the commencement of any development on site details to include the

following shall be submitted to and approved by the Local Planning Authority and should be

carried out in accordance with the approved details.

(a) Routing of construction and delivery vehicles to / from site

(b) Parking and turning areas for construction and delivery vehicles and site personnel

(c) Timing of deliveries

(d) Provision of wheel washing facilities

(e) Temporary traffic management / signage

(f) Measures to control noise affecting nearby residents

(g) Dust control measures

(h) Access arrangements

GROUND:

In the interests of highway safety and neighbouring amenity, in accordance with Policy QD03

of the Thanet Local Plan and the advice contained within the NPPF.

5 The external surfaces of the development hereby approved shall be finished in

accordance with the material schedule as annotated and illustrated on the approved plans

numbered 04577_NB103 Rev C and 4577_NB105 Rev D received 09 December 2020.

GROUND;

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02

of the Thanet Local Plan and advice contained within the National Planning Policy

Framework.

6 Prior to the construction of the external surfaces of the development hereby

approved samples of the proposed buff stock bricks and contrasting red bricks and slate roof

tiles to be used 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;

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02

of the Thanet Local Plan and advice contained within the National Planning Policy

Framework.

7 Prior to the construction of the external surfaces of the development hereby

approved a sample panel or sample area of the knapped flint walling to the ground floor front

elevations of the dwelling hereby approved shall be submitted to, or inspected on site by the

Conservation Officer 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;

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Agenda Item 4b

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02

of the Thanet Local Plan and advice contained within the National Planning Policy

Framework.

8 Prior to the construction of the external surfaces of the development hereby

approved the manufacturers details of the proposed aluminium framed windows and doors

shall be submitted to, and approved in writing by, the Local Planning Authority. Development

shall be carried out in accordance with the approved details unless otherwise agreed in

writing by the Local Planning Authority.

GROUND;

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02

of the Thanet Local Plan and advice contained within the National Planning Policy

Framework.

9 All new window and door openings shall be set within a reveal of not less than

100mm.

GROUND;

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02

of the Thanet Local Plan and advice contained within the National Planning Policy

Framework.

10 Prior to the first occupation of the dwellings hereby approved, full details of both hard

and soft landscape works, to include

o species, size and location of new trees, shrubs, hedges and grassed areas to be

planted.

o the treatment proposed for all hard surfaced areas beyond the limits of the

highway.

o walls, fences, other means of enclosure proposed.

shall be submitted to, and approved in writing by, the Local Planning Authority. 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 first occupation of the dwelling hereby approved. 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 and to adequately integrate the

development into the environment in accordance with Policy QD02 of the Thanet Local Plan.

11 The first and second floor front elevation windows of Plots 1-5 of the terraced

dwellings hereby approved shall be provided and maintained with obscured glass to a

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Agenda Item 4b

minimum level of obscurity to conform to Pilkington Glass level 4 or equivalent and shall be

installed prior to first occupation of the development hereby permitted and permanently

retained thereafter.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby

residential properties in accordance with Policy QD03 of the Thanet Local Plan.

12 The refuse storage facilities and cycle storage facilities as specified upon the

approved drawings 04577_NB103 Rev C received 09 December 2020 and 04577_NB109

Rev B received 03 March 2021 and shall be provided prior to the first occupation of the

development hereby approved and shall be kept available for that use at all times.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby

residential properties and in the interest of promoting cycling in accordance with Policies

QD03 and TP03 of the Thanet Local Plan.

13 The area shown on the approved plan numbered 04577_NB109 Rev B received 03

March 2021 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

14 Prior to the first occupation of the development hereby approved, the footway access

to the front of the terraced dwellings as shown on the approved plan numbered

04577_NB109 Rev B shall be provided and thereafter retained in perpetually.

GROUND:

In the interests of pedestrian and highway safety in accordance with advice contained within

the NPPF.

15 Prior to the commencement of the development hereby approved, the applicant, or

their agents or successors in title, shall secure the implementation of a watching brief to be

undertaken by an archaeologist approved by the Local Planning Authority so that the

excavation is observed and items of interest and finds are recorded. The watching brief shall

be in accordance with 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 Policy HE01 of the Thanet Local Plan and the advice contained within the

National Planning Policy Framework.

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Agenda Item 4b

16 The development hereby permitted shall be constructed in order to meet the required

technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b)

of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND:

Thanet is within a water stress area as identified by the Environment Agency, and therefore

new developments will be expected to meet the water efficiency optional requirement of

110litre.

17 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.

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.

18 All dwellings hereby permitted shall be provided with the ability for connection to

Superfast Fibre Optic Broadband 'fibre to the premises', where there is adequate capacity.

GROUND:

To serve the future occupants of the development in accordance with Thanet Local Plan

Policy SP41 and the guidance within the National Planning Policy Framework.

INFORMATIVES

For the avoidance of doubt, the provision of contributions as set out in the unilateral

undertaking made on 09 December 2020 submitted with this planning application, and

hereby approved, shall be provided in accordance with The Schedule of the aforementioned

deed.

A formal application for connection to the public sewerage system is required in order to

service this development. Please contact Southern Water, Southern House, Sparrowgrove,

Otterbourne, Hampshire SO21 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.

It is the responsibility of the applicant to ensure, prior to the commencement of the

development hereby approved, that all necessary highway approvals and consents where

required are obtained and that the limits of highway boundary are clearly established in order

to avoid any enforcement action being by the Highway Authority. The applicant must also

ensure that the details shown on the approved plans agree in every aspect with those

approved under such legislation and common law. It is therefore important for the applicant

to contact KCC Highway and Transportation to progress this aspect of the works prior to

commencement on site

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Agenda Item 4b

SITE, LOCATION AND DESCRIPTION

The application site is located within the Ramsgate Conservation Area and contains a simple

L shaped two storey building accommodating commercial/industrial uses which fronts the

internal courtyard to the rear of commercial buildings which front Addington Place. The

building's rear elevation is sited hard up against the north western boundary, abutting

Hertford Place. The surrounding area comprises a high density built environment with both

commercial and residential uses.

The immediate area surrounding the application site is characterised by predominantly

Victorian two and three storey with basement level terraced houses to the south west of the

application site. To the north of the site is a modern courtyard development of three storey

terraced houses. Immediately to the east and south east are two and single storey

commercial and garage buildings. Further to the south east is the Listed Georgian terrace,

Nelson Crescent of four storey terraced houses with basement levels.

The rear elevation of the existing building comprises a predominantly blank two storey rear

elevation which is constructed of a variety of flint, brickwork of varying ages and rendered

elements.

PROPOSED DEVELOPMENT

The application proposes the demolition of the L shaped commercial/light industrial building

to the north west, adjacent to Hertford Place and the erection of 6No. three storey terraced

houses in its place. The terrace is proposed to front Hertford Place to the north west, with

modest rear gardens to the south east. Access is proposed to be retained from Addington

Place, and separates the rear gardens from the adjacent commercial buildings to the south.

2 parking spaces are proposed to serve Plot 6, sited to the rear of the terrace, accessed via

Addington Place. A single storey refuse store is proposed to the south east of the site,

abutting Addington Place.

The terrace proposed through the original scheme comprised a full three storeys with roof

above, of a height of approximately 7m to the eaves and 9.5m to the ridge. The dwellings

proposed a simple design, with part flint feature, part render to the ground floor, brick to the

upper elevations, a grey tiled gabled roof and black UPVC windows and doors. The end of

terrace dwelling to the north east, Plot 6, is an increased width to the remaining terraced

dwellings, comprising an extra approximately 3m in width, designed with a double frontage.

The proposal has been amended through the course of the application and the terraced

dwellings have been reduced in height to 2 storeys to the eaves to the front elevation

addressing Hertford Place, with the second floor of accommodation provided in the roof

served by a modest central dormer window and rooflight to the side. The eaves level will

now be a reduced height of 5.2m, and 8.1m to the ridge. The rear elevation will extend a full

three storeys, set under a parapet roof which is set down from the ridge by approximately

0.5m. The additional width of the end of terrace unit to Plot 6 has been set back from the

front elevation by approximately 1m, and set down from the ridge.

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Agenda Item 4b

The design, proportions and material finish of the windows have been amended to vertically

proportioned aluminium sash windows with stone cills to the front elevation, and aluminium

casement windows with brick cills to the rear. The ground floor front elevation will be finished

in knapped flint work with stock brickwork and contrasting red feature brickwork to the first

floor, and a natural slate tiled roof.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP01 - General Housing Policy

SP29 - Strategic Access Management and Monitoring Plan (SAMM)

HO1 - Housing Development

HE01 - Archaeology

HE02 - Development in Conservation Areas

GI04 - Amenity Space/Equipped Play

QD02 - General Design Principles

QD03 - Living Conditions

QD04 - Technical Standards

TP03 - Cycling

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice was posted near the

site.

6 letters of objection have been received in response to the amended scheme. The letters

raise the following concerns:

Concern regarding lack of parking. The development is likely to have an additional 10

extra cars in an already built up area with existing parking pressure.

Only 2 parking spaces are proposed which is not enough to serve the development.

The proposal will result in additional traffic in the local area which will result in

additional disturbance and fumes.

The proposal will result in a loss of light to neighbouring properties.

The proposal will result in loss of privacy due to the closeness of the development to

adjacent properties.

The proposal contains inadequate refuse storage.

The proposal is overdevelopment on a restricted site.

The proposal will result in the loss of the existing flint was which will remove an

existing historical feature, and result in harm to the character of this part of the

Conservation Area.

If permission is granted the developer should have to incorporate flint into each

buildings facade to show the original height of the wall and maintain as much of the

wall as possible.

The proposal is too high and will overshadow the neighbours.

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Agenda Item 4b

The area is already densely populated and a development like this will increase

overcrowding.

14 letters of objection were received in response to the original scheme. These objections

raised the following concerns:

There are significant parking issues in the area that this development will

dramatically worsen. Particularly as the nearest free parking on Nelson Crescent was

converted to residents bays without offering Addington Street and other local

residents the opportunity to buy permits.

Each new house needs one dedicated parking space as a minimum.

There is no space for loading/turning of delivery vehicles and similar.

The proposal will result in increased traffic in this restricted area.

The proposal does not contain footpath access resulting in hazards.

The proposal is overdevelopment.

The proposal is out of character with the area.

The proposal seeks to maximise bedrooms/properties to the detriment of the existing

community.

The proposal disregards existing residents for the benefit of the developer.

The proposal uses inappropriate materials such as plastic UPVC windows.

The additional height of the proposed properties will overcrowd the street given the

narrow width of Hertford Place.

The proposal will result in a loss of light to adjacent properties.

The proposal should retain the historic flint wall.

The proposal contains minimal provision for open or green spaces.

1 letter of support has been received which raises the following points:

Overall this project will be an improvement from where I overlook it, provided the new

owners don't block the current parking access.

Ramsgate Town Council - Ramsgate Town Council objects to this application due to the

loss of a historic flint wall in the Conservation Area.

CONSULTATIONS

TDC Conservation Officer -

Amended Comment 16/03/2021:

Following further discussion, amendments and adaptations to the proposed plan for the site I

would like to make the following comment.

The overall proposed scale of the scheme has been reduced to sufficiently reduce my

concerns regarding the impact of the proposed to the surrounding environment. Further

amendments have also been made to the design of the scheme, which now appear more

like 'cottages', utilising flint as a feature adding character to the proposed. I do feel like an

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Agenda Item 4b

opportunity for an industrial scheme has been missed with this site, however I do not believe

that the proposed will appear negatively within the surrounding context of the site and the

integrity of the character and appearance of Ramsgate Conservation Area is preserved. An

appropriate material palette for use within the conservation area is being proposed and

therefore I now believe that this application meets with local and national guidance, and I no

longer object to the proposed development.

Original Comment 25/09/2020:

Addington House Business Centre is located a short distance from the main commercial

centre of Ramsgate whilst also being within Ramsgate Conservation Area. Currently existing

on the site are varying outbuildings and small warehouses whose historic value should be

considered as part of this application.

Thanets recently adopted Local Plan, policy HE02, states within Section 7 the The

character, scale and plan form of the original building are respected and the development is

subordinate to it and does not dominate principal elevations. As well as Section 8 which

states Appropriate materials and detailing are proposed and the development would not

result in the loss of features that contribute to the character or appearance of the

conservation area. New development which would detract from the immediate or wider

landscape setting of any part of a conservation area will not be permitted.

Guidance under the National Design Guide Section C2, Paragraph 45 highlights that when

determining how a site may be developed, it is important to understand the history of how

the place has evolved. The local sense of place and identity are shaped by local history,

culture and heritage, and how these have influenced the built environment and wider

landscape and paragraph 47 which states Well-designed places and buildings are influenced

positively by the local vernacular, including historical building typologies such as the terrace,

town house, mews, villa or mansion block, the treatment of facades, characteristic materials

and details.

Reviewing this application I have some concerns regarding the information that has been

provided as part of this proposal as well as the scheme itself being proposed for the site. It

states within the design and access statement that it is important to evaluate the historic

significance of the site which was also stated at the pre application stage. Unfortunately this

is not something that appears to have been provided as part of the information provided.

Overall little consideration appears to have been given to the surrounding historic

environment with no further analysis being made or included in this report as to why certain

decisions have been made. No elevations have been included of the buildings proposed for

demolition nor any further analysis, structural or not, provided as to why the decision was

made to demolish them in the first place.

Included in the demolition amongst the site is the proposal to demolish a flint wall which is a

historic feature that still exists. It has been stated that this wall is no longer structurally sound

and therefore it should be demolished to further enable site development. No structural

survey has been provided nor have any further details or images of the wall in question. I

can acknowledge that flint work has been proposed as a material feature to the scheme,

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Agenda Item 4b

however with little other justification as to the development of this proposal I do not believe

that enough information has been provided.

Regarding the design of the scheme I have issues with the odd and uncomfortable window

proportions which result in a development which struggles with its identity. It's unfortunate

that the industrial heritage of the site has not been reincorporated here and that what is

proposed is neither obviously contemporary and unique nor a pastiche of the surrounding

environment. I can appreciate that flint has been incorporated into the scheme, as an

attempt to establish a sense of heritage and taken as an influence from the existing

environment, however with little cohesion to the other design choices which have been

made.

Following the proposed demolition of the existing outbuilding, it is then proposed to reinstate

the new scheme at a taller scale. No context has been included in the proposed elevations

and therefore this becomes difficult to appreciate given the surrounding environment. That

being said the increase in height will be notable perceivable from the surrounding

environment which includes a Grade II listed terrace adjacent to the site, which is listed

within its entirety and overlooking the site.

Regarding the proposed materiality of the scheme I have concerns with that of the

installation of UPVC. I can appreciate that an effort has been made to suggest this to be of a

historic style however we do not encourage the use of UPVC within the conservation

environment as it is a non traditional stark material which appears stark and obviously

amongst other more traditional features present to the area. Again, this will be easily read

within the context of the nearby listed buildings.

Overall I find it disappointing that the site's industrial past has not been utilised as part of this

design and fear that it has been a missed opportunity for the space. Not only would this

approach complement the site's commercial and utilitarian past but also the surrounding

existing historic environment. The application as a whole appears to also be lacking in

overall justification as to why certain design choices have been made as well as reasoning

behind quite substantial demolition within a conservation area and the impacts this will have

to the surrounding environment. As it stands I would look to refuse this application should

amendments not be proposed and overall object to the work proposed for the above

reasons.

TDC Environmental Health -

Initial Comment 29/09/20:

I have reviewed our complaints history for the area and note that they were issues regarding

odour and noise from car repair activities from the neighbouring site. No further complaints

have been received. Given the application proposes more suitable dwellings than existing

use EH will not object to the application providing mitigation is incorporated within the

scheme to protect occupants of plot 6 from noise, odour and fumes should they arise from

the neighbouring existing use.

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Agenda Item 4b

Mitigation

Prior to the commencement of the development hereby permitted, a scheme to address the

issue of noise and odour which may affect residents and will minimise the effects shall be

submitted to, and approved in writing by the Local Planning Authority. The proposal shall

include:

Acoustic glazing to all front facade windows

Air conditioning details to be agreed - unit to be acoustically treated, details to be agreed.

Additional Comment 29 September 2020:

Acoustic glazing should be provided to the front and rear of Plot 6, nearest the workshop.

KCC Highways -

Amended Comment 02/03/21:

I refer to the amended plans submitted for the above on 9th December 2020. Whilst visibility

at the existing access in Addington Place is below current standards, the proposals are

unlikely to generate a material increase in use of the access. I would prefer to see more than

2 parking spaces provided for the proposed 6 dwellings, however the site is located close to

the town centre, is readily accessible by public transport, and parking restrictions are in

place on the highway as necessary.

However, I note that the front doors of the proposed dwellings open onto Hertford Place

where there is no footway and therefore no protection for residents from passing vehicles as

they step out. I would therefore wish to see some form of protected space/footway along the

Hertford Place frontage and it appears from the site plan and application red line that this is

achievable. This footway should be as wide as possible but with a minimum width of 1.2

metres.

Original Comment 25/08/2020:

I refer to the above planning application and have no objection in principle to the proposals.

Whilst visibility at the existing access in Addington Place is below current standards, the

proposals are unlikely to generate a material increase in use of the access. I would prefer to

see more than 2 parking spaces provided for the proposed 6 dwellings, however the site is

located close to the town centre, is readily accessible by public transport, and parking

restrictions are in place on the highway as necessary.

However, I note that the front doors of the proposed dwellings open onto Hertford Place

where there is no footway and therefore no protection for residents from passing vehicles as

they step out. I would therefore wish to see some form of protected space/footway along the

Hertford Place frontage and it appears from the site plan and application red line that this is

achievable.

This footway should be as wide as possible with an ideal minimum width of 1.2 metres.

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Agenda Item 4b

If possible I would also wish to see a minimum of 1 secure, covered cycle parking space for

each bedroom.

Southern Water - Southern Water requires a formal application for any new connection to

the public foul sewer to be made by the applicant or the developer.

COMMENTS

This application has been called to Planning Committee by Councillor Wing due to concerns

relating to overdevelopment, highway amenity and safety concerns, loss of heritage and

overshadowing.

The main considerations with regard to this application is the principle of development, the

impact of the proposed development on the character and appearance of the Conservation

Area, the impact upon residential amenity, and the impact upon highway safety.

Principle

Policy HO1 of the Thanet Local Plan permits new housing development on non-allocated

sites within the confines of the urban area and villages, subject to meeting other relevant

Local Plan policies, including General Housing Policy SP14. Within the Thanet Local Plan

there is an allowance for 2,025 units of the required housing supply over the plan period to

be provided through windfall sites, which usually consist of previously developed non-

allocated sites.

The application site is located within the urban confines of Ramsgate and is currently

occupied by light industrial/commercial premises within two storey buildings and associated

hardstanding. The application proposes the erection of 6No. 3 storey terraced dwellings,

following the demolition of the existing buildings. The proposed development would therefore

accord with Policy HO1.

The proposal would involve the loss of existing commercial premises. There are no policies

which protect the existing employment use in this location.

The principle of development is therefore considered to be acceptable, subject to the

assessment of all other material planning considerations.

Character and Appearance

As the site is located within a Conservation Area the Local Planning Authority must have

regard for Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990

which requires special attention to be paid to the desirability of preserving or enhancing the

character and appearance of the area.

The proposed development proposes the demolition of the existing commercial building and

its replacement with a residential terrace. The surrounding area is a high density urban

environment containing predominantly period residential and some commercial

development, the majority of which are set within modest or moderate linear plots.

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Agenda Item 4b

The layout of the proposed terrace would follow the prevailing street frontage pattern of

development, continuing the street frontage of the adjacent building to the west which

addresses Hertford Place, and comprises a similar footprint to the existing building. The

application proposes terraced dwellings which is the predominant typology in the locality,

with modest gardens to the rear which is common in this area. The access to the rear will be

retained beyond the rear gardens of the proposed terrace and 2No. Off street parking

spaces and a modest single storey refuse store will be provided adjacent to Addington

Place. This will largely retain the existing configuration to the rear, and the proposed refuse

store will relate to the numerous similar outbuildings and garages which front Addington

Place. This layout is therefore considered to integrate well with the surrounding built

environment and pattern of development and would maintain the characteristic enclosure to

Hertford Place.

The vicinity of the application site consists of a combination of single storey commercial

development, two storey (with pitched roofs) and three storey (flat roof) development. The

proposed reduced height of the terrace, and the two storey configuration to the eaves to the

front elevation is considered to be suitably proportional to, and compatible with the

surrounding height and scale of development, and will not be unduly overbearing to Hertford

Place.

The majority of surrounding properties are of Georgian/Victorian origin, and have strong

vertical proportions and emphasis to their design, form and pattern of fenestration. The

proposed revised scale and form of the terraced dwellings is considered to suitably relate to

this vertical emphasis to the front, with the gabled roof relating well to the form of

surrounding development. The terrace will have a staggered configuration as the ground

level falls from west to east, which will further break up the terrace and highlight its vertical

proportions.

The proposed rear elevation will comprise an alternative design and form, of a full three

storeys set under a parapet which is set down slightly from the ridgeline. This alternative

design and form is considered to be suitable for the commercial/subsidiary road/access it

addresses, and relates to the rear projections and flat roofs and parapets common in the

locality.

The wider unit to the end of the terrace to the east has been amended to include a

meaningful set back of 1m to the additional approximately 3m width and a modest set down

from the ridge. This configuration shall break up the built form of this unit, providing a

subservient side projection which will relate well to the remaining terrace, and retain the

regular proportions of the terrace.

The proposed revised design will provide a traditional, cottage-like appearance to the front

elevation, with sash windows with vertical proportions which will relate well to the

surrounding Georgian and Victorian terraces. The proposed material palette utilises

characteristic and common material finishes in the area, retaining the partial flint materiality

of the existing building through knapped flintwork to the ground floor front elevations. The

remainder of the elevations will be finished in buff stock bricks, with contrasting red stock

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Agenda Item 4b

brickwork detailing and window/doors surrounds, aluminium windows and doors, stone cills,

natural slate roof and lead cladding to the dormer.

These material finishes are considered to be appropriate for the position of the site within a

Conservation Area, provide detail and interest to the elevations, and will identify and

integrate well with the surrounding locality. Sample materials will be secured by condition to

ensure all external materials are of a suitable quality for this sensitive location.

The existing property contains elements of flintwork to the east of the rear elevation. The

historic character and appearance of this flintwork element to the existing building is

recognised. The application proposes to demolish the existing building, including this

flintwork section. The loss of the flint element is regrettable, however this is concentrated to

a sporadic, modest portion of the wall, and is not straightforward to integrate the existing wall

into a new development. The proposed scheme will retain the flintwork materiality as a

feature to the front elevation of the new dwellings, which will have regard to the contribution

made by the current wall to the Conservation area.

Overall, the revised proposed development is considered to provide a terrace of dwellings

which are compatible and proportional to its surrounding built environment, integrating with

the prevailing designs, proportions and material finishes present. The Conservation Officer

has raised no objections to the revised scheme, considering the proposal to preserve the

integrity and character and appearance of the Conservation Area. Whilst the loss of the

modest flintwork section to the existing building is regrettable, the proposal successfully

retains this materiality, and the development is considered to form an overall improvement

upon the existing building, which will enhance the character and appearance of the

application site within the Conservation Area.

The development is therefore considered to be acceptable in terms of its impact upon the

special character and appearance of the Conservation Area and will accord with Policies

HEO2 and QD02 of the Thanet Local Plan and the National Planning Policy Framework.

Living Conditions

The existing building is a 1.5 storey L shaped building which extends along Hertford Place

and adjacent to the adjacent commercial building to the east. The building has a depth of

approximately 4.5m/5m to its main body, with a single storey rear projection to the west,

which extends a further approximately 7.8m depth.

The proposed development will be sited in a comparable location to the existing building,

extending along and following the existing street frontage of Hertford Place. The

development will align with the position of the adjacent residential neighbour to the west and

extend a comparable depth of approximately 7m, extending beyond the rear elevation of this

neighbour by approximately 2m. The terraced dwellings have been reduced in height and

will now extend two storeys to the eaves to the front, with the second floor accommodation

provided within the roof space.

Given the position of the proposed terrace and its relationship and modest depth beyond the

adjacent neighbours to the west, the proposal is not considered to result in harm to the

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Agenda Item 4b

residential amenity of these neighbours deriving from its built form. The terrace will be sited

adjacent to the commercial building to the east, in the position of existing built form and is

therefore not considered to result in harm to residential amenity. No residential development

fronts Hertford Place opposite the proposed terrace, with the blank side elevations of the

modern terraced development opposite facing the proposal. Given this arrangement and the

reduced height of the proposed terrace, the development is not considered to be

overbearing or result in harm to the development opposite to the north.

To the rear of the site is a cluster of commercial/garage buildings and a dwelling. The

proposed development will extend a moderate additional height and scale to the existing

building, with an approximately 10.5m separation distance to this cluster to the rear, which is

not considered to result in harm to residential amenity deriving from the built form.

The development opposite to the north is sited side on to the proposed terrace, with its

gardens to the rear. The first and second floor windows of the proposed terrace serve the

bathroom, landing and en-suite, which do not constitute primary habitable spaces and shall

be obscure glazed to Plots 1-5 which face towards/have sight of these gardens, which will

prevent harmful overlooking to the adjacent neighbours rear gardens opposite.

The bedrooms of the dwelling are served by first and second floor windows to the rear. The

existing building contains ground and first floor windows and there is existing mutual

overlooking between the development opposite and the existing building, and the area is a

high density urban environment where a degree of overlooking is present. Given the existing

arrangement and characteristics of this environment, the development is not considered to

result in harmful overlooking to the adjacent properties and dwelling to the rear.

In terms of the living conditions for future occupiers, the proposed terraced dwellings meets

and exceeds the applicable Nationally Described Space Standards for 3 or 4 bed three

storey dwellings respectively. All primary habitable rooms shall be served by front or rear

windows which will provide suitable light, outlook and ventilation.

All dwellings will be provided with a modest rear garden which is capable of providing

sufficient doorstep play space and cycle storage in accordance with Policy GI04 and TP03.

A refuse store is provided adjacent to Addington Place which will provide sufficient

accessible refuse storage provision to serve the proposed development.

The development is sited in close proximity to existing commercial development including

car repair activities. Environmental Health have commented that complaints have been

received relating to odour and noise from this neighbouring use, and that it is necessary that

mitigation is incorporated into the scheme to protect occupants of Plot 6 to protect future

occupants from noise, odour and fumes. A condition requiring a scheme to address the

issue of noise and odour and will minimise the effects to Plot 6 including acoustic glazing

and air conditioning details to be agreed shall be attached to the consent should permission

be granted to address this.

In order to manage and minimise disturbance to surrounding adjacent neighbours during the

construction process, it is considered necessary to secure a construction management plan

by condition, which will be attached to the consent should permission be granted.

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Agenda Item 4b

The proposed development is therefore considered to be acceptable in terms of residential

amenity of the adjacent neighbours and the future occupiers of the proposed dwelling in

accordance with Policy QD03, QD04 and GI04 of the Thanet Local Plan, and the National

Planning Policy Framework.

Highways

The application proposes the replacement of the existing commercial building within 6No.

Terraced dwellings. Two allocated parking spaces are proposed to serve Unit 6 which is

considered to provide a suitable level of parking for this 4 bed unit. No further parking

provision is proposed.

The application site is located within close proximity to Ramsgate Town Centre which

provides a range of services, facilities and good public transport links and is therefore

considered to be sustainably located. There is limited unrestricted and restricted on street

parking in the surrounding area.

KCC Highways have reviewed the proposed scheme and noted that whilst they would prefer

more than 2No. parking spaces, given the close proximity of the site to the town centre, the

parking restrictions in place on the highway and its good accessibility by public transport, no

objections are raised to the proposed parking provision. It is considered that given these

factors and taking into account the parking generated by the existing commercial use, that

the level of off-street parking in this location for the 6 dwellings is considered acceptable.

KCC Highways state that the proposal is unlikely to result in a material increase in use of the

access to Addington Place. The associated increased vehicular movements associated with

the proposed development, given the limited number of units proposed, is considered to be

modest within the context of this edge of town centre location and is not considered to result

in harm to the surrounding area.

KCC Highways have requested footpath provision for the proposed terraced units onto

Hertford Place so the dwellings do not enter and exit the dwellings directly into the road. A

public footpath to the front of the proposed terraced dwellings onto Hertford Place has been

provided of a width of 0.9m. Whilst this falls slightly below the requested width of 1.2m, this

is considered to provide sufficient space and footpath provision given the surrounding

constraints within this high density environment, and the limited vehicular movements upon

this narrow road.

All units will be provided with cycle storage provision within their rear gardens.

The proposed development is therefore considered to be acceptable in terms of highway

amenity and highway safety, in accordance with Policy TP03 and TP06 of the Thanet Local

Plan.

Archaeology

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Agenda Item 4b

The application site is located in an area which is considered likely to have potential for

archaeological remains, with Roman and prehistoric findings in the nearby area. As such, it

is considered necessary to secure a watching brief during development through a planning

condition. The agent has agreed to the requested condition, which shall be attached to the

decision in the event planning permission is granted. Subject to this safeguarding condition,

the impact upon archaeology is considered to be acceptable and in accordance with the

National Planning Policy Framework.

Contributions

Natural England has previously advised that the level of population increase predicted in

Thanet should be considered likely to have a significant effect on the interest features for

which the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and RAMSAR

have been identified.

Thanet District Council produced the Strategic Access Management and Monitoring Plan

(SAMM) to deal with these matters, which focuses on the impacts of recreational activities

on the Thanet section of the Thanet Coast and Sandwich Bay Special Protection Area

(SPA). The studies indicate that recreational disturbance is a potential cause of the decline

in bird numbers in the SPA. To enable the Council to be satisfied that proposed residential

development will avoid a likely significant effect on the designated sites (due to an increase

in recreation) a financial contribution is required for all housing developments to contribute to

the district wide mitigation strategy. This mitigation has meant that the Council accords with

the Habitat Regulations and an appropriate assessment has been carried out on this basis.

This application includes a valid Unilateral Undertaking to provide the required financial

contribution of £2,650.00 for the proposed 5No. 3 bed and 1No. 4 bed dwellings to mitigate

the additional recreational pressure on the SPA area.

Conclusion

The site is sustainably located within the urban confines and is previously developed land.

The proposal for the erection of 6no. dwellings is considered to be in accordance with Policy

HO1 of the Thanet Local Plan. The amended scheme is considered to be a suitably

compatible form of development within the Conservation Area, which has an acceptable

impact upon the living conditions of adjacent neighbours, highway safety and amenity, and

provides a satisfactory standard of amenity for future occupiers.

The Council is also currently in presumption in favour of sustainable development as the

Housing delivery test 2020 has not been met. Paragraph 11 of the NPPF states that for

decision taking this means that the Council should grant permission unless any adverse

impacts of doing so would significantly and demonstrably outweigh the benefits, when

assessed against the policies of the NPPF as a whole. In this instance the benefits of

providing the development in the amended form are considered to outweigh any adverse

impacts.

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Agenda Item 4b

The proposed amended development is therefore considered to be acceptable and in

accordance with the relevant Thanet Local Plan policies and the National Planning Policy

Framework

Case Officer

Jenny Suttle

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Agenda Item 4b

TITLE: F/TH/20/0969

Project Addington House Business Centre Addington Place RAMSGATE Kent CT11

9JG

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Agenda Item 4b

This page is intentionally left blank

A03 F/TH/20/1508

PROPOSAL:

LOCATION:

Erection of 3No. 2-bed single storey dwellings with associated

access and landscaping

Land Rear Of 177 College Road MARGATE Kent

WARD: Dane Valley

AGENT: Clive Tidmarsh

APPLICANT: Mr Craig Provan

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The development hereby approved shall be carried out in accordance with the

submitted drawings numbered 03/19/2020 Rev B, 04/20/2020 Rev B, T-2020_077_03 Rev

B, T-2020_077_04 Rev B and T-2020_077_05 Rev A received on the 8th February 2021

and 02/20/2020 Rev C received on the 23rd March 2021.

GROUND;

To secure the proper development of the area.

3 No development approved by this planning permission shall take place until a

remediation strategy, that includes the following components to deal with the risks

associated with contamination of the site shall each be submitted to, for approval by, the

local planning authority:

1. An options appraisal and remediation strategy, based on the site investigation and the

detailed risk assessment submitted with the application, giving full details of the remediation

measures required and how they are to be undertaken.

2. A verification plan providing details of the data that will be collected in order to

demonstrate that the works set out in the remediation strategy are complete and identifying

any requirements for longer-term monitoring of pollutant linkages, maintenance and

arrangements for contingency action.

GROUND:

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Agenda Item 4c

To ensure that the proposed development will not cause harm to human health or pollution

of the environment, in accordance with DEFRA and Environment Agency document Model

Procedures for the Management of Land Contamination (Contamination Report 11) and

NPPF.

4 Prior to occupation of any part of the development, a verification report

demonstrating the completion of works set out in the approved remediation strategy 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.

Any changes to these components require the express written consent of the local planning

authority. The scheme shall be implemented as approved.

GROUND: To ensure that the proposed development will not cause harm to human health

or pollution of the environment, in accordance with DEFRA and Environment Agency

document Model Procedures for the Management of Land Contamination (Contamination

Report 11) and NPPF.

5 If, during development, significant contamination is found or caused 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 the proposed development will not cause harm to human health

or pollution of the environment, in accordance with DEFRA and Environment Agency

document Model Procedures for the Management of Land Contamination (Contamination

Report 11) and NPPF.

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 written specification and timetable which has been submitted to and approved by the

Local Planning Authority. The works thereafter shall be carried out in accordance with any

approved specification.

GROUND: To ensure that features of archaeological interest are properly examined and

recorded.

7 Prior to the commencement of any development on site details to include the

following shall be submitted to and approved by the Local Planning Authority and should be

carried out in accordance with the approved details.

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Agenda Item 4c

(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

All approved vehicle loading/unloading and turning facilities shall be provided prior to the first

use of the site, and permanently retained for the duration of work.

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.

8 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

01/20/2020 Rev A.NOV.2020 should be completed and made operational.

GROUND:

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

9 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.

10 Prior to the first occupation of the development, the area shown on plan 02/20/2020

Rev B.JAN.2021 for the parking of vehicles shall be operational. The area approved shall

thereafter be maintained for that purpose.

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.

11 Prior to the first occupation of the site hereby approved visibility splays of 2m x 2m

shall be provided to the access on to the path leading to/from College Road as shown on the

approved plan no 02/20/2020 Rev B.JAN.2021 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.

12 The development hereby approved shall incorporate a bound surface material for the

first 5 metres of the access from the edge of the highway.

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Agenda Item 4c

GROUND:

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

13 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.

14 Prior to the first occupation of the development, the secure cycle parking facilities, as

shown on approved drawing no. 02/20/2021 rev B.JAN.2021 shall be provided and

thereafter maintained.

GROUND:

To promote cycling as an alternative form of transport, in accordance with Policy TP03 and

SP43 of the Thanet Local Plan.

15 The refuse storage facilities and clothes drying facilities as specified upon the

approved drawing numbered 02/20/2020 Rev C.MARCH.2021 and received on 23/03/2021

shall be provided prior to the first occupation of the dwellings hereby approved and shall be

kept available for that use at all times.

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby

residential properties in accordance with Policy QD03 of the Thanet Local Plan.

16 Prior to the first occupation of the development hereby approved, full details of both

hard and soft landscape works, to include

o species, size and location of new trees, shrubs, hedges and grassed areas to be

planted

o the treatment proposed for all hard surfaced areas beyond the limits of the

highway

o walls, fences, other means of enclosure proposed

shall be submitted to, and approved in writing by, the Local Planning Authority. All hard and

soft landscape works shall be carried out in accordance with the approved details prior to the

first occupation. 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 and to adequately integrate the

development into the environment in accordance with Policies QD02, SP26, SP30 and GI04

of the Thanet Local Plan.

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Agenda Item 4c

17 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.

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.

18 The development hereby permitted shall be constructed in order to meet the required

technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b)

of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND:

Thanet is within a water stress area as identified by the Environment Agency, and therefore

new developments will be expected to meet the water efficiency optional requirement of

110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

19 The works hereby approved shall be carried out in accordance with the submitted

drainage plans numbered T-2020-077-03 Rev B, T-2020-077-04 Rev B and T-2020-077-05

Rev A, andhe submitted drainage report received 08/02/2021.

GROUND:

To ensure the development is served by satisfactory arrangements for the disposal of

surface water, in accordance with Policy CC02 of the Thanet Local Plan and advice

contained within the NPPF.

INFORMATIVES

Please be aware that obtaining planning permission and complying with building regulations

are separate matters - please contact building control on 01843 577522 for advice on

building regulations

It is the responsibility of the applicant to ensure, prior to the commencement of the

development hereby approved, that all necessary highway approvals and consents where

required are obtained and that the limits of highway boundary are clearly established in order

to avoid any enforcement action being by the Highway Authority. The applicant must also

ensure that the details shown on the approved plans agree in every aspect with those

approved under such legislation and common law. It is therefore important for the applicant

to contact KCC Highway and Transportation to progress this aspect of the works prior to

commencement on site and the applicant is advised that the revised access will bring a

street light within 1.5 metres of the proposed crossover and this may require its relocation

when considering the access design with KCC's Vehicle Crossing Team.

A formal application for connection to the water supply is required in order to service this

development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove,

Otterbourne, Hampshire S021 2SW (Tel: 0330 303 0119) or www.southernwater.co.uk.

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Agenda Item 4c

For the avoidance of doubt, the provision of contributions to as set out in the unilateral

undertaking made on submitted with this planning application, and hereby approved, shall

be provided in accordance with The Schedule of the aforementioned deed.

SITE, LOCATION AND DESCRIPTION

College Road is a long street in the urban area connecting parts of Margate and

Cliftonville/St Peters. Along the southern part of the street adjacent to the application site

houses are a mix of small terraces and semi-detached pairs (No.s 177-193).

The application site forms a piece of open land to the rear of No. 177 College Road, and

generally bounds the rear gardens of the properties identified above. It is accessed by a path

immediately to the west of No. 177 and sits within the identified Margate/Broadstairs Green

Wedge and the open countryside. To the east and south are protected community allotments

and open green space. To the west the site sits in close proximity to a school and the Grade

II listed Drapers windmill. It has historically been used by a water utility company but has not

been used for a number of years. Land levels rise gently from College Road to the rear of

the site.

RELEVANT PLANNING HISTORY

F/TH/18/0729 - Erection of 2No. single storey 2-bed dwellings and 2No. two storey 4-bed

dwellings together with associated access and parking. Refused 27 September 2018.

Appealed, and allowed 10 July 2019. (APP/Z2260/W/19/3225218).

F/TH/17/1590 - Erection of 2No. single storey 2-bed dwellings and 2No. two storey 4-bed

dwellings together with associated access and parking. Refused 11 January 2018.

TH/80/0010 - Erection of a detached dwelling. Refused 25 March 1980. Appealed and

dismissed February 1981.

PROPOSED DEVELOPMENT

As set out above, planning permission was granted on appeal in July 2019 under

APP/Z2260/W/19/3225218 for 2 single storey dwellings and 2 two storey dwellings in this

location (albeit on a larger site) of which this application site forms part. This consent

allowed for the 2 single storey dwellings located to the front of the site (to the rear of College

Road) with the 2 two storey dwellings located to the rear of the site. This application

proposes 3 bungalows on the rear part of the application site.

The three new dwellings are proposed as one detached (Plot 5) and a semi-detached pair

(Plots 3 and 4). They would be bungalows and have hipped roofs with front gable entrances

over bay windows, and a similar overall appearance to Plots 1 and 2 which were the single

storey dwellings to the front of the larger site previously granted on appeal. There would be

parking to the front of Plots 4 and 5, and to the front/side of Plot 3. Soft landscaping is

proposed to the front of the new plots and garden space to the rear. Access would be taken

(as in the previously approved application) from College Road running south behind No. 177.

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Agenda Item 4c

DEVELOPMENT PLAN POLICIES

Thanet Local Plan Policies 2020

SP01 - Spatial Strategy - Housing

SP10 - Margate

SP22 - Type and Size of Dwellings

SP24 - Development in the Countryside

SP25 - Safeguarding the Identity of Thanet's Settlements

SP26 - Landscape Character Areas

SP28 - Protection of International and European Designated Sites

SP29 - Strategic Access Management and Monitoring Plan (SAMM)

SP30 - Biodiversity and Geodiversity Assets

SP32 - Protection of Open Space and Allotments

SP35 - Quality Development

SP36 - Conservation and Enhancement of Thanet's Historic Environment

SP43 - Safe and Sustainable Travel

HO1- Housing Development

GI01 - Protection of Nationally Designated Sites and Marine Conservation Zones

GI04 - Amenity Green Space and Equipped Play Space

HE01 - Archaeology

CC02 - Surface Water Management

QD01 - Sustainable Development

QD02 - General Design Principles

QD03 - Living Conditions

QD04 - Technical Standards

QD05 - Accessible and adaptable Accommodation

SE03 - Land affected by Contamination

TP02 - Walking

TP03 - Cycling

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers, a site notice posted close to the site

and an advert was posted int he local paper. No representations have been received.

CONSULTATIONS

Southern Water: Southern Water records showing the approximate position of a public

water distribution main within access. The impact of any works within the highway/access

road on public apparatus shall be assessed and approved, in consultation with Southern

Water, under a NRSWA enquiry in order to protect public apparatus. Please send these

enquiries to: [email protected]

Further, it is possible that a sewer now deemed to be public could be crossing the

development site. Therefore, should any sewer be found during construction works, an

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Agenda Item 4c

investigation of the sewer will be required to ascertain its ownership before any further works

commence on site.

Southern Water requires a formal application for a connection to the public foul sewer to be

made by the applicant or developer.

KCC Highways: I note that in terms of access to the site, the proposals do not appear to

differ materially from those previously approved. Provided this is the case, I would only have

the following additional comments to make:

1) I note that one additional dwelling has been included in this proposal, which adds to the

need for visitor parking for the wider site, as well as introducing a tandem parking

arrangement. In our experience such arrangements are often under-utilised and would need

to be offset by additional visitor parking provision. I was satisfied previously that additional

space could be found for informal parking in the previous layout, but now due it's more

constrained nature I would advise the creation of two formal visitor parking bays, to prevent

any inconsiderate parking.

2) It needs to be understood by the applicant that if the relocation of the existing lighting

column is required through the S278 process for the widening of the access, this would need

to be done at their expense.

The description of development was amended, new proposed plans submitted and KCC

made the following comment:

Further to my previous comments visitor parking has been introduced and I confirm that

provided the following requirements are secured by condition or planning obligation, then I

would raise no further objection on behalf of the local highway authority:

* Submission of a Construction Management Plan before the commencement of any

development on site to include the following:

* Routing of construction and delivery vehicles to / from site

* Parking and turning areas for construction and delivery vehicles and site personnel

* Timing of deliveries

* Provision of wheel washing facilities

* Temporary traffic management / signage

* Before and after construction of the development, highway condition surveys for highway

access routes should be undertaken and a commitment provided to fund the repair of any

damage caused by vehicles related to the development.

* Completion and maintenance of the access road shown on the submitted plans (drawing

no. 01/20/2020) prior to the use of the site commencing.

* Provision and maintenance of the visibility splays shown on the submitted plans with no

obstructions over 0.6 metres above carriageway level within the splays, prior to the use of

the site commencing.

* Provision and maintenance of 2 metres x 2 metres pedestrian visibility splays behind the

footway on both sides of the access with no obstructions over 0.6m above footway level,

prior to the use of the site commencing.

* Use of a bound surface for the first 5 metres of the access from the edge of the highway.

* Provision of measures to prevent the discharge of surface water onto the highway.

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Agenda Item 4c

* Gradient of the access to 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.

* Provision and permanent retention of the vehicle parking spaces shown on the submitted

plans (drawing no. 02/20/2020) prior to the use of the site commencing.

* Provision and permanent retention of the vehicle loading/unloading and turning facilities

shown on the submitted plans prior to the use of the site commencing.

* Provision and permanent retention of the cycle parking facilities shown on the submitted

plans prior to the use of the site commencing.

KCC Archaeology: I have checked our records and note that the site lies in an area with

potential for archaeological remains. Remains of Roman date have been reported close to

the site and to the south around St Peter's Footpath. Furthermore the site was the location of

a pumping mill (a tower mill used for pumping water) that was constructed c.1874 with the

tower being demolished before 1933, though it had fallen out of use by 1894. The location of

this can be seen on the early OS mapping.

Following its falling out of use the site has seen some levels of activity as seen on aerial

photographs of the 1940s but eventually fell out of use and became overgrown. Given the

archaeological potential of the site it is possible that the proposed development may affect

archaeological remains including those of industrial interest associated with the mill. I would

therefore recommend that in any forthcoming consent provision be made for a programme of

archaeological works through the following condition:

AR1 No development shall take place until the applicant, or their agents or successors in

title, has secured the implementation of a programme of archaeological work in accordance

with a written specification and timetable which has been submitted to and approved by the

Local Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and

recorded.

KCC Flood and Waste Water: The application under the above reference number falls

outside the definition of major development and also falls outside of KCC's remit as statutory

consultee. Notwithstanding the above, please feel free to contact us again if you consider

there to be local flood risk issues on this site that may require further consideration.

KCC Public Rights of Way: No comment.

KCC Ecology and Biodiversity: No ecological information has been submitted with this

application. As a result of reviewing the data we have available to us (including aerial photos

and biological records) and the information submitted with the planning application, we

advise that further information is sought.

Habitats and features (including trees, hedgerow and grassland) are present on and around

the site, indicating ecological value and the potential for protected species presence that

must be taken account of in the planning decision. As such, a preliminary ecological

appraisal (PEA) must be undertaken by a suitably qualified ecologist, in accordance with

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Agenda Item 4c

good practice guidelines. The PEA will assess the ecological features within and around the

site and identify if there is a need for further ecological surveys to be undertaken.

Following the submission of a Preliminary Ecological Appraisal, KCC Ecology commented

further.

"We have reviewed the ecological information submitted in respect of this application and

advise that additional information is sought prior to determination of the planning application.

Reptiles and Biodiversity Loss

As stated within the report, the site's vegetation has recently been cleared. We highlight this

is bad practice which could have resulted in a breach of wildlife legislation. The report states

that reptiles (all species of which are protected) were present during a 2018 survey so this

type/scale of site clearance is unacceptable.

The report also states that Arbtech Consulting Ltd recommended precautionary mitigation

work be undertaken to ensure that reptiles are not directly killed or injured by proposed

development works. KCC Biodiversity was satisfied with the recommendations made by

Arbtech and suggested that there should be a condition to secure the proposed receptor

area. The location of the previously proposed receptor area is illustrated in Appendix VIII.

During the current assessment, the site had been cleared but there was no evidence of

newly constructed hibernacula. The area proposed as a receptor location was partially

covered by a spoil heap".

The current proposed development plan does not feature habitat for reptiles and seemingly

disregards previous advice. As reptiles are likely to be present in the wider landscape, likely

to use the site in its current state to bask and because previous advice was not adhered to,

we advise that the design of the development is revised to feature a reptile receptor site, as

previously proposed.

In alignment with paragraph 175 of the National Planning Policy Framework 2019, the

implementation of enhancements for biodiversity should be encouraged. Additionally, local

authorities have an obligation to maintain and enhance biodiversity in alignment with section

40 of the NERC Act (2006). This reinforces the need for a suitable area of habitat on-site,

which will act to negate the loss caused by the development. Details of any areas of created

habitat should feature management prescriptions and disclosure of who will enact future

management.

We advise that the above information is provided prior to determination of the application.

Further information was provided and the following comments made:

This receptor site is not only very small and shaded (no good for reptiles, which need

sunlight), there is no information on how it would be enhanced, managed, etc. The

F/TH/18/0729 receptor site was small but not this small, and at least habitat clearance hadn't

happened yet.

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Agenda Item 4c

There's not a lot that can be done to address this likely breach of wildlife law/loss in

biodiversity without either a redesigned development to feature a larger receptor site,

management prescriptions, an S106 agreement, etc or simply refusing the application.

TDC Contamination Officer: Following review of the Phase 1 & 2 reports submitted in

support of the application for the erection of 3No 2-bed single storey dwellings at the above,

outstanding risks from elevated TPH concentrations in made ground have been identified in

the revised RA.

As such, remedial measures have therefore been proposed to remove fill material and

replace with inert cover and a proprietary geo-membrane. As such I would be grateful if the

following conditions are added to safeguard the development should planning permission be

granted:

Remediation:

No development approved by this planning permission shall take place until a remediation

strategy, that includes the following components to deal with the risks associated with

contamination of the site shall each be submitted to, for approval by, the local planning

authority:

1. An options appraisal and remediation strategy, based on the site investigation and the

detailed risk assessment submitted with the application, giving full details of the remediation

measures required and how they are to be undertaken.

2. A verification plan providing details of the data that will be collected in order to

demonstrate that the works set out in the remediation strategy are complete and identifying

any requirements for longer-term monitoring of pollutant linkages, maintenance and

arrangements for contingency action.

Verification:

Prior to occupation of any part of the development, a verification report demonstrating the

completion of works set out in the approved remediation strategy 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.

Any changes to these components require the express written consent of the local planning

authority. The scheme shall be implemented as approved.

Watching Brief:

If, during development, significant contamination is found or caused 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.

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REASON: To ensure that the proposed development will not cause harm to human health or

pollution of the environment, in accordance with DEFRA and Environment Agency document

Model Procedures for the Management of Land Contamination (Contamination Report 11)

and NPPF.

TDC Conservation Officer: Following a review of the above application I would like to state

that I have no objections and believe there to be a level of less than significant impact to the

nearby listed asset.

COMMENTS

The application is brought before Members as a departure to policy SP25 of the Thanet

Local Plan, as the site is located within the green wedge.

Principle

Policies SP01 and HO1 set out that new housing development should be located within the

urban confines. Policy SP24 seeks to resist the provision of isolated homes in the

countryside. Policy SP25 sets out that within the green wedges, development will only be

permitted where it is not detrimental or contrary to the aims of safeguarding areas of open

countryside in order to maintain physical separation and avoid coalescence of the towns,

conserving and enhancing the essentially rural and unspoilt character and distinctive

landscape qualities of the countryside that separates the urban areas, and increasing access

without compromising the integrity of the green wedges. Otherwise development in the

green wedge should be demonstrated to be essentially located there. It is also noted that the

Council has failed the Housing Delivery Test (February 2021) and, as such, is subject to the

presumption of sustainable development as set out in paragraph 11 of the National Planning

Policy Framework.

The site is located within the green wedge and there would usually be an in-principle

objection to the provision of housing/new development in this location. However, in this

instance, the previous consent granted on appeal in July 2019 for the 4 dwellings is extant

and given this it is considered that the principle of residential development on the site may

be acceptable subject to the consideration of the impact of the proposal.

Character and Appearance

Paragraph 127 of the National Planning Policy Framework (NPPF) states decisions should

ensure that developments will function well and add to the overall quality of the area, are

visually attractive as a result of good architecture, layout and appropriate and effective

landscaping, sympathetic to local character and history, establish or maintain a strong sense

of place, and optimise the potential of the site to accommodate and sustain an appropriate

amount and mix of development and create places that are safe, inclusive and accessible.

Policy SP25 of the Thanet Local Plan sets out that one of the aims of the green wedge

designation is to conserve, protect and enhance the essentially rural and unspoilt character,

and distinctive landscape qualities of the countryside that separates the urban areas. Policy

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Agenda Item 4c

SP26 identifies the site as lying within the St Peters Undulating Chalk Farmland landscape

character area, where the area is important for long distance views and settlement

separation, providing value for roosting and coastal birds. Development in this area should

therefore demonstrate how its location, scale and design will conserve and enhance

Thanet's local distinctiveness and respond to the key sensitivities of the site, avoiding skyline

intrusion and maintaining the gaps between the towns and villages.

Policy QD02 outlines that the primary aim of new development is to promote or reinforce

local character and provide high quality and inclusive design that is sustainable in all other

respects. Residential development should not cause harm to the intrinsic value of the site as

an open space and proposals should therefore relate to surrounding development, form and

layout, be well designed, pay particular attention to context and identity of location, scale,

massing, rhythm, density, layout and materials, and be compatible with neighbouring

buildings and spaces. Any external spaces and landscape features should be designed as

an integral part of the scheme.

Plots 3-5 would see development sit along the southernmost part of the site and maintain a

fixed boundary demarcating the open countryside and the urban edge. This would not

extend beyond the area of the previous consent and would not result in any further

encroachment into the countryside or the green wedge, maintaining the established

boundary previously agreed by the Planning Inspectorate and forming a small cul-de-sac.

The proposed dwellings across these plots would be smaller in scale than those previously

approved, being bungalows rather than two storey dwellings, and would offer an improved

overall relationship with the countryside location and ensure compliance with the broad aims

of policy SP26. The design and material finish of the properties, along with the reduced

scale, would assimilate with the approved designs of dwellings granted on appeal and would

create a sense of place and certain amount of uniformity between the buildings.

Although Plots 3 and 4 would have a different overall feel, being semi-detached they would

be located to the rear of the site and in line with Plot 5. The five properties overall would,

therefore, be read together and this pattern is not materially different to semi-detached pairs

seen to the north on College Road. The change from two 2 storey dwellings to three

bungalows in this location would offer more visual consistency across the development and

would not be likely to have a significant adverse impact on the character or appearance of

the surrounding area.

Although some views may be possible from the public right of way to the south, this would

be more than 100m from the area and there would be planting and natural vegetation as part

of the scheme across the rear, creating a soft edge. Broad details of the landscaping

arrangements have been provided, however to ensure that the development is appropriately

landscaped and assimilates with its sensitive location, a condition for planting and

landscaping should be imposed on any grant of consent.

Overall, it is noted that the proposed development would have a similar footprint as that of

the previous approved development of 4 units, but would comprise all bungalows instead of

the mix of bungalows and houses from the previous scheme. The introduction of bungalows

to the southern boundary of the site is welcomed as it would help to minimise the impact of

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Agenda Item 4c

built form on the surrounding countryside and green wedge. As such, it is considered likely

that the impact of the development on the surrounding area and green wedge would be the

same, or indeed no worse than that from the extant scheme granted on appeal.

Living Conditions

Paragraph 117 of the NPPF states that planning decisions should promote an effective use

of land in meeting the need for homes and other uses, while safeguarding and improving the

environment and ensuring safe and healthy living conditions. Paragraph 127 of the NPPF

requires that developments should ensure a high standard of amenity for existing and future

users and indicates the importance of using the nationally described space standards to

assess this in the context of new dwellings. These have been incorporated into policy QD04

of the Council's Draft Local Plan.

Policy QD02 outlines that new development should be compatible with neighbouring

buildings and spaces, and should be inclusive in its design for all users. It should improve

people's quality of life by creating safe and accessible environments and promote public

safety and security. Policy QD03 outlines that new development must not lead to

unacceptable living conditions through overlooking, noise, vibrations, light pollution,

overshadowing, loss of natural light or a sense of enclosure, and that new development

should be of an appropriate size, layout and incorporate clothes drying and bin storage

facilities as well as play space. Policy GI04 sets out that new family dwellings will be

expected to incorporate garden space in order to provide a safe "doorstep" play area. Policy

QD04 states that all new development should meet the Nationally Described Space

Standards (March 2015).

The Nationally Described Space Standards break down the technical requirements that must

be met for new dwellings. They require that a 2 bed 3 person dwelling (Plots 3 and 4) have

an internal floor area of no less than 61 sq.m. Single rooms must have a floor area of at least

7.5 sq.m with a minimum width of 2.15m. Double rooms are required to have a minimum

floor area of 11.5 sq.m and a minimum width of 2.75m. The overall internal floorspace for

these two units is annotated on the plans to be 61.7 sq.m each, however when scaled it

appears these are 59.95sq.m, very marginally under that expected. The difference here is

very modest and is not considered to result in harm to the living conditions of future

occupiers. All bedrooms would be of a good size, above that required, and they would have

an appropriate layout. All habitable spaces would benefit from light, outlook, and ventilation,

and each unit would have some private outdoor amenity space. The arrangement of spaces

between the two properties would be mirrored, ensuring compatible uses along the party

wall.

For a 2 bed 4 person dwelling (Plot 5), the property is required to have an internal floor area

of no less than 70 sq.m. Double rooms are required to have a minimum floor area of 11.5

sq.m and a minimum width of 2.75m. The overall floor area for this unit would be met at just

over 70 sq. m, the front bedroom would be undersized at around 9.4 sq. m. This is

considered to be a small amount and would be suitable as a larger single room or a smaller

double. All habitable rooms would benefit from light, outlook, and ventilation and would

provide a suitable standard of accommodation for future users. This plot, like the others,

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Agenda Item 4c

would have some private rear amenity space, parking and cycle storage. Space for clothes

drying would also be available within the rear curtilages.

Bin storage would be to the rear of each plot and capable of accommodating the required

amount of refuse facilities. Although Officers recognise that the collection point is some

distance from Plots 3-5, this location has, however, previously been considered and

approved by the Planning Inspectorate as acceptable.

Overall the proposed works would allow for a sufficient and suitable level of amenity for

future occupiers, in accordance with the Nationally Described Space Standards and policies

QD02, QD03 and QD04 of the Thanet Local Plan.

In terms of the impact upon neighbouring amenity, the reduced scale from two storey

dwellings to single storey bungalows would be likely to reduce any likely impact on

neighbouring amenity. The new dwellings would be more than 30m from the rear of

properties to the north on College Road, and would not be expected to result in any

overbearing, sense of enclosure, loss of light or overlooking as a result. Some outlook may

be changed in this location, however the single storey nature of the proposed dwellings

would prevent any real harm or material change given that properties along this part of

College Road are generally two storey.

Whilst there may be some additional noise and disturbance generated on the site from the

presence of three independently occupied dwellings, this is not considered to have a

materially different impact to the approved two larger properties, as to warrant refusal of this

application. The residential use of this site has already been approved and some level of

noise and comings and goings would therefore be expected.

The new units proposed would be located between 17m and 21m from the rear walls of Plots

1 and 2, which are part of the extant consent granted on appeal, which would be set behind

established boundary treatments (the subject of a condition). As a result the works are not

likely to result in any new harm in this location or cause harm to the living conditions of future

occupiers across these plots.

In terms of the relationship between the three units proposed, the semi-detached pair would

have a slight variance in the building line, with the unit on Plot 3 set forward of Plot 4. This

would be by a small amount (at around 0.7m) and is not considered to result in any loss of

light or overbearing given the relationship between the two, the intended layout, and

orientation of sunlight.

A window would be inserted into the eastern flank of the unit on Plot 5, adjacent to the side

wall of the unit at Plot 4. This would serve a bathroom and is likely to be obscurely glazed.

However, if it were not, there is no opening proposed in the west facing flank of unit 4 that

would be affected.

Finally, the provision of additional accommodation is likely to create pressure on the

environment and on the provision of water supply. The Council is committed to tackling the

climate emergency and addressing the identified water stress across the district, and

therefore conditions should be placed on the application requiring the construction of the

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Agenda Item 4c

development in accordance with a high standard of energy efficiency, and to meet the

required technical standards for water efficiency, in accordance with policies QD01 and

QD04 of the Thanet Local Plan.

Overall the works are unlikely to result in harm to neighbouring occupiers to the north. There

are no habitable spaces to the east, south or west. The proposed units would all be of a

sufficient size and layout as to provide a suitable standard of accommodation for future

occupiers and would provide outdoor amenity space, cycle storage, bin storage, and space

for clothes drying facilities. The development would therefore be in accordance with the aims

of policies SP22, QD02, QD03 and QD04 of the Thanet Local Plan and the guidance of the

NPPF.

Drainage and Flood Risk

Paragraph 155 of the NPPF states that inappropriate development in areas at risk of flooding

should be avoided by directing development away from those areas at highest risk (whether

existing or future). Policy CC02 of the Thanet Local Plan requires that new development

manage surface water using sustainable drainage systems wherever possible.

The site is located within flood zone 1 (land having a less than 1 in 1,000 annual probability

of river or sea flooding) as shown on the Environment Agency's Flood Risk Maps and given

that the site is less than a hectare in size there is no requirement for the applicants to submit

a Flood risk Assessment. The proposed dwellings would occupy a relatively small part of the

application site leaving the area around the site free to absorb water. Given the above, it is

not considered that the proposed development would cause flooding on site or in the

surrounding area.

Full drainage details have been provided during the consideration of the application.

Southern Water has been consulted on the application and raises no objection to the

proposal and it is, therefore, appropriate to condition that the development is carried out in

accordance with the submitted drainage details.

Contamination

The site lies within an area of contaminated land. Policy SE03 of the Thanet Local Plan sets

out that proposals that would enable contaminated sites to be brought back into beneficial

use will normally be permitted so long as the site can be rendered suitable for the proposed

end use in terms of the impact on human health, public safety and the environment.

The Council's Contamination Officer has reviewed the submitted reports pertaining to

contamination and requests that conditions relating to site remediation, verification and a

watching brief for the disturbance of any contaminated parts are attached to any grant of

planning consent.

These conditions are considered reasonable and meet the tests for conditionsSubject to

these safeguards, the works are considered to be acceptable and to accord with the aims of

policy SE03 of the Thanet Local Plan.

Archaeology

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Agenda Item 4c

Thanet is an area rich in archeology, with a long history of trade, settlers and invasion and

defence given its former island status and proximity to Europe. Paragraph 190 of the NPPF

sets out that LPAs should avoid or minimise any conflict between a heritage asset's

conservation and any aspect of a proposal. Policy SP36 of the Thanet Local Plan sets out

that the Council will support, value and have regard to the archaeological significance of

heritage assets by protecting the historic environment from inappropriate development.

Policy HE01 sets out that the Council will promote the identification, recording, protection

and enhancement of archaeological sites, monuments and historic landscape features and

that development proposals adversely affecting the integrity or setting of Scheduled

Monuments or other heritage assets will normally be refused. Where development would be

likely to affect a site of archaeological importance, preservation in situ will be sought. If this is

not possible or justified appropriate investigation and recording will be required.

KCC have commented on the application and advised that remains of Roman date have

been reported close to the site and to the south around St Peter's Footpath. Furthermore the

site was the location of a pumping mill (a tower mill used for pumping water) that was

constructed c.1874 with the tower being demolished before 1933.

Having regard to the potential for remains across the site and within the surrounding areas, it

is recommended that if permission is granted for the works that a condition be imposed for a

programme of archaeological works.

It is considered that the proposed safeguarding conditions would allow any impact from the

proposed development on archaeology to be appropriately managed and mitigated in

accordance with Policy HE01 of the Thanet Local Plan.

Ecology and Biodiversity

Paragraph 175 of the NPPF sets out that when determining planning applications, LPAs

should apply the following principles:

a) if significant harm to biodiversity resulting from a development cannot be avoided (through

locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last

resort, compensated for, then planning permission should be refused;

b) development on land within or outside a Site of Special Scientific Interest, and which is

likely to have an adverse effect on it (either individually or in combination with other

developments), should not normally be permitted. The only exception is where the benefits

of the development in the location proposed clearly outweigh both its likely impact on the

features of the site that make it of special scientific interest, and any broader impacts on the

national network of Sites of Special Scientific Interest;

c) development resulting in the loss or deterioration of irreplaceable habitats (such as

ancient woodland and ancient or veteran trees) should be refused, unless there are wholly

exceptional reasons and a suitable compensation strategy exists; and

d) development whose primary objective is to conserve or enhance biodiversity should be

supported; while opportunities to incorporate biodiversity improvements in and around

developments should be encouraged, especially where this can secure measurable net

gains for biodiversity.

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Agenda Item 4c

Policy SP30 of the Thanet Local Plan sets out that development proposals will be required to

make a positive contribution to the conservation, enhancement and management of

biodiversity and geodiversity assets resulting in a net gain for biodiversity assets through the

restoration / enhancement of existing habitats, the creation of wildlife habitats, the creation of

linkages between sites to create local and regional ecological networks, the enhancement of

significant features of nature conservation value, the protection and enhancement of valued

soils, and by providing mitigating against the loss of farmland bird habitats. It goes on to set

out that for sites where important biodiversity assets, including protected species and

habitats including SPA functional land, or other notable species, may be affected, an

ecological assessment will be required to assess the impact of the proposed development

on the relevant species or habitats. Planning permission will not be granted for development

if it results in significant harm to biodiversity and geodiversity assets, which cannot be

adequately mitigated or as a last resort compensated for, to the satisfaction of the

appropriate authority.

An ecological appraisal was undertaken for this site in August 2018 and reviewed by KCC

Ecology, who were happy to support the ecological mitigation and enhancements proposed

at that time. Since then an up to date survey has been requested which sets out findings that

the site has already been cleared and has open excavations and spoil heaps. KCC Ecology

have raised concerns that they consider the newly proposed receptor site to be inadequate

in terms of its location, size, potential for shading, and lack of management plan.

The proposed location for the site remains as previously proposed, and agreed by the

Planning Inspectorate. This has not changed and the Council would not be reasonable in

seeking to resist the development on the basis of a receptor site in the same location as

previously considered suitable.

KCC Ecology's comment on potential for shading are noted, however, the proposal has gone

from 2 two storey dwellings to three single storey, with lower heights and therefore, on

balance, there is likely to be less shading in this location. It is appreciated that there is some

reduced size proposed as a result of changes to the scheme when compared with the last,

however the Inspector did not comment on the need for a particular size previously, nor

condition specifics in relation to size or management. If the site has already been cleared

then a large receptor site is unlikely to now be required and the proposed provision is not

likely to be problematic enough as to warrant refusal of the current application. Some

mitigation has been provided and this is considered, on balance and having regard to all the

facts of the matter, sufficient at this time.

Highways

Paragraph 102 of the NPPF requires that transport issues be considered at the earliest

stages of plan-making and development proposals. Paragraph 110 states that development

should give priority to pedestrian and cycle movements, facilitate access to public transport,

address the needs of people with disabilities and allow for efficient delivery of goods or

access by service and emergency vehicles.

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Agenda Item 4c

Policies SP43, QD02, TP02, and TP03 of the Thanet Local Plan set out an expectation that

developments will facilitate and promote safe walking, cycling, and use of sustainable

transport methods in ensuring that proposals incorporate a high degree of permeability.

Policy TP06 outlines that proposals will be expected to make satisfactory provision for the

parking of vehicles.

The proposal would include access off of College Road, a total of 6 private parking spaces

and one visitor space, along with turning circles, and cycle storage for each unit. Pedestrian

paths and access points are provided and subject to safeguarding conditions suggested by

the Highway Authority in relation to a construction management plan, the provision of

appropriate access, visibility splays and a bound surface for the first 5m of development,

measures to prevent the discharge of surface water onto the highway, limitations on the

gradient of the access and the provision and retention of all parking and cycle storage

facilities, the works are considered to be acceptable and in accordance with the aims of

policies SP43, QD02, TP02, TP03 and TP06 of the Thanet Local Plan, and the guidance of

the NPPF.

Planning Obligations

European sites are afforded protection under the Conservation and Habitats and Species

regulations 2010 (as amended the Habitat Regulations) and there is a duty placed upon the

competent authority (in this case TDC) to have regard to the potential impact that any project

may have on those sites. Projects (therefore planning applications and prior approval) can

only be permitted having ascertained that there will be no adverse effect on integrity of the

protected area, either alone or in combination with other projects or plans.

Natural England has previously advised that the level of population increase predicted in

Thanet should be considered likely to have a significant effect on the interest features for

which the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and RAMSAR

have been identified. Thanet District Council has produced the Strategic Access

Management and Monitoring Plan (SAMM) which focuses on the impacts of recreational

activities on the Thanet Section of the Thanet Coast and Sandwich Bay Special Protection

Area (SPA). The studies indicate that recreational disturbance is a potential cause of the

decline in bird numbers in the SPA. The Council has carried out an appropriate assessment

on the development in accordance with the Conservation of protected species and Habitat

Regulations.

To enable the Council to be satisfied that the proposed development will avoid a likely

significant effect on the designated sites (due to an increase in recreational activities) policy

SP29 of the Thanet Local Plan requires a financial contribution for all housing developments

to contribute to the district wide mitigation strategy. This mitigation has meant that the

Council accords with the Habitat Regulations. This is in the form of a financial contribution of

£960.

This application includes a Unilateral Undertaking (UU) which provides the required financial

contribution to mitigate the additional recreational pressure on the SPA area, in accordance

with the tariff set out in Table 8 of the Local Plan, and the overall mitigation strategy required

by policy SP29 of the Thanet Local Plan.

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Agenda Item 4c

Conclusion

Overall the principle of the works has already been accepted and an extant consent exists

for the development of the site. Although the works would involve one additional dwelling,

the proposed design, scale, and finish are all considered to offer a better scheme than

previously approved, and to assimilate better with the site's countryside location. It is

considered that the current scheme has the same, if not less of an impact on the green

wedge that the extant scheme allowed on appeal. Subject to the additional landscaping

details the works are considered to be acceptable in relation to their character and

appearance. It is also noted that the additional residential unit would make a contribution to

the district's housing supply, albeit limited given that it is only 1 unit above that previously

approved, when the Council is currently in presumption in favour of sustainable development

as the Housing delivery test 2020 has not been met.

Given their location the proposed new dwellings are not considered likely to result in any

harm to neighbouring living conditions and would provide a suitable level of accommodation

for future occupiers, incorporating appropriate bin, cycle, and parking facilities into the

scheme. A number of safeguarding conditions surrounding contamination, archaeology and

ecology are all required to ensure the development does not cause harm to the environment

or the public, and subject to these, the works are considered by Officers to be acceptable. In

view of the above, this application is recommended for approval.

Case Officer

Vicky Kendell

Background Papers

Annex 1 – Planning Appeal Decision F/TH/18/0729

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Agenda Item 4c

TITLE: F/TH/20/1508

Project Land Rear Of 177 College Road MARGATE Kent

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https://www.gov.uk/planning-inspectorate

Appeal Decision Site visit made on 5 June 2019

by Rory MacLeod BA MRTPI

an Inspector appointed by the Secretary of State

Decision date: 10 July 2019

Appeal Ref: APP/Z2260/W/19/3225218

Land to the rear of 177 College Road, Margate, Kent CT9 2SJ

• The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.

• The appeal is made by Baldo Clifford Group Ltd against the decision of Thanet District

Council. • The application Ref F/TH/18/0729, dated 18 May 2018, was refused by notice dated

27 September 2018. • The development proposed is 2 bungalows and two detached houses, together with

associated access and landscaping etc.

Decision

1. The appeal is allowed and planning permission is granted for 2 bungalows and two detached houses, together with associated access and landscaping etc at

land to the rear of 177 College Road, Margate, Kent CT9 2SJ in accordance with

the terms of the application, Ref F/TH/18/0729, dated 18 May 2018, subject to

the conditions set out in the attached schedule.

Main Issue

2. The main issue is the effect of the development on the character and

appearance of the area, including on open land designated as a Green Wedge.

Reasons

3. The appeal relates to an irregularly shaped parcel of land to the rear of 177-

193 College Road. It has historically been used by a water utility company but

is now disused and overgrown. There is a narrow strip of land extending from the main site to the side of 177 College Road that would form a vehicular

access to the proposed dwellings. Land levels rise gently from College Road

towards the rear of the site. College Road is characterised by houses and flats fronting the road.

4. However, to the west of the site, there is open land with trees and a hedgerow

fronting College Road to its junction with St Peter’s Walk, where there is a

school in open grounds. The open land extends to the rear of properties

fronting St Peter’s Walk and to the rear of dwellings fronting College Road to the east of the site where there are allotments. The open land forms part of a

“Green Wedge”, the essence of which is “the maintenance of a permanent

setting of open countryside around and between the Thanet towns” according to Paragraph 10.53 of the Thanet Local Plan (2006) (TLP). Saved Policy CC5 of

the TLP seeks to preclude development within the Green Wedges that is not

appropriate to its purpose.

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Agenda Item 4cAnnex 1

Appeal Decision APP/Z2260/W/19/3225218

2

5. Only part of the appeal site is currently within the Green Wedge, but Policy

SP21 of the Council’s emerging local plan proposes to expand Green Wedge

status to the whole site. Given the draft status of emerging plan policies, only limited weight can be afforded to this proposed change of designation.

6. Policy H1 of the TLP Saved Policies directs new residential development

primarily to sites allocated for such purposes and thereafter, for non-allocated

sites, only on previously developed land within the existing built-up area.

Whilst the site is not allocated for housing, it is previously developed land and abuts the built-up area as well as the Green Wedge. Policy H1 pre-dates the

National Planning Policy Framework (the Framework), is more restrictive and

therefore not wholly compatible with the Framework’s encouragement for

residential development on sites suitable for this purpose. Sections 5 and 11 of the Framework promote the delivery of a sufficient supply of home and making

effective use of land.

7. Policy D1 of the TLP sets out several design principles including that new

development should respect or enhance the character or appearance of the

surrounding area. Given the residential character of the adjacent area, albeit frontage development, and the unkempt appearance of this currently neglected

site, the proposal would be broadly in compliance with this policy. The Council

contends that the proposal would be contrary to Paragraphs 127 of the Framework relating to design principles, but apart from the backland siting it

would otherwise be sympathetic to local character and accord with cited

principles. The proposal would result in a visually attractive layout, establish a

strong sense of place and optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development.

8. The Council asserts that the site has a countryside location as it is located

beyond the defined built-up area. But the site nonetheless is previously

developed land that abuts the built-up area. The site is perceived as much as

part of the built-up area as of the Green Wedge and does not protrude far into this open area. There would not be substantive conflict with Paragraph 170 of

the Framework that requires planning decisions to contribute to and enhance

the natural and local environment. Moreover, any harm to the countryside and to the Green Wedge needs to be balanced against the benefits of the proposal.

Other matters

9. The Council cannot currently demonstrate a five year housing land supply but is hopeful that this can be achieved shortly through allocations in the emerging

local plan. Nonetheless, in these circumstances, Paragraph 11 of the

Framework is triggered and there is a presumption in favour of sustainable

development. The proposal would result in 4 additional dwellings in a sustainable location close to facilities in Margate. It would make a modest

contribution towards addressing the present shortfall in local housing provision.

10. The proposal has addressed Council concerns relating to access arrangements

and to ecology arising from an earlier application and would have a satisfactory

relationship with adjacent dwellings so as not to adversely affect the living conditions of their occupiers. The limited harm resulting to the openness of the

Green Wedge and arising from the backland nature of the proposal would not

significantly and demonstrably outweigh the benefits arising from the proposal when assessed against the policies in the Framework taken as a whole.

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Conclusion

11. The proposal would have a positive effect on the character and appearance of

the area, and any adverse impact on open land designated as a Green Wedge

would be outweighed by its benefits including in meeting housing need. For the

reasons given, and having regard to all other matters raised, the appeal is allowed.

12. In addition to the statutory condition to limit the commencement period for the

development, a condition is necessary to list the plan numbers in the interests

of certainty and to enable submission of minor material amendments. A

condition is also necessary to approve external materials to ensure a satisfactory appearance to the development. The Council has not provided

specific reasoning for suggested withdrawal of a wide range of householder

permitted development allowances; this would be contrary to the Government’s advice in Planning Practice Guidance and is not warranted in the circumstances.

13. Pre-commencement conditions to investigate possible contamination, given the

historic use of the site, and to approve drainage arrangements, as these would

involve ground works ahead of development, are both clearly necessary. A pre-

commencement condition to approve a Construction Method Statement is also

necessary in the interests of highway safety and to safeguard the living conditions of nearby occupiers. The Council has suggested other highway

related conditions concerning visibility splays, road gradients and the provision

of the parking spaces and turning areas shown on the plans; these are necessary in the interests of the efficient operation of the site. Conditions to

approve details of any external lighting and boundary enclosures are also

necessary to ensure a satisfactory appearance to the site and to safeguard the living conditions of adjoining occupiers.

Rory MacLeod

INSPECTOR

Schedule of Conditions

1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

2) The development hereby permitted shall be carried out in accordance

with the following approved plans: 02A/23/2017, 03A/23/2017, 04A/23/2017, 05A/23/2017, 06A/23/2017, 07A/23/2017, 08A/23/2017,

09A/23/2017, 10A/23/2017 and 11A/23/2017.

3) Prior to the construction of the external surfaces of the development

hereby permitted samples of the materials to be used shall be submitted to and approved in writing by the local planning authority. Development

shall be carried out in accordance with the approved samples.

4) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved

in writing by the local planning authority. The Statement shall provide

for:

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i) the parking and turning areas for construction and delivery vehicles

and for site operatives and visitors;

ii) loading and unloading of plant and materials;

iii) storage of plant and materials used in constructing the

development;

iv) the erection and maintenance of security hoarding including

decorative displays and facilities for public viewing, where

appropriate;

v) wheel washing facilities;

vi) measures to control the emission of dust and dirt during

construction;

vii) delivery, demolition and construction working hours.

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

5) No development shall commence until an assessment of the risks posed

by any contamination shall have been submitted to and approved in

writing by the local planning authority. This assessment must be undertaken by a suitably qualified contaminated land practitioner, in

accordance with British Standard BS 10175: Investigation of potentially

contaminated sites - Code of Practice and the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11)

(or equivalent British Standard and Model Procedures if replaced), and

shall assess any contamination on the site, whether or not it originates

on the site. The assessment shall include:

i) a survey of the extent, scale and nature of contamination;

ii) the potential risks to:

• human health; • property (existing or proposed) including buildings, crops,

livestock, pets, woodland and service lines and pipes;

• adjoining land; • ground waters and surface waters;

• ecological systems; and

• archaeological sites and ancient monuments.

6) No development shall take place where (following the risk assessment) land affected by contamination is found which poses risks identified as

unacceptable in the risk assessment, until a detailed remediation scheme

shall have been submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation

options, identification of the preferred option(s), the proposed

remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan.

The remediation scheme shall be sufficiently detailed and thorough to

ensure that upon completion the site will not qualify as contaminated

land under Part IIA of the Environmental Protection Act 1990 in relation to its intended use. The approved remediation scheme shall be carried

out and upon completion a verification report by a suitably qualified

contaminated land practitioner shall be submitted to and approved in writing by the local planning authority before the is occupied.

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7) Any contamination that is found during the course of construction of the

approved development that was not previously identified shall be

reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried

out and submitted to and approved in writing by the local planning

authority. Where unacceptable risks are found remediation and

verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out

before the development is resumed or continued.

8) No development shall take place until details of the means of foul and surface water drainage works shall have been submitted to and approved

in writing by the local planning authority. The development shall be

carried out in accordance with the approved details. Before any details are submitted to the local planning authority an assessment shall be

carried out of the potential for disposing of surface water by means of a

sustainable drainage system, having regard to Defra's non-statutory

technical standards for sustainable drainage systems (or any subsequent version), and the results of the assessment shall have been provided to

the local planning authority. Where a sustainable drainage scheme is to

be provided, the submitted details shall:

i) provide information about the design storm period and intensity, the

method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the

receiving groundwater and/or surface waters;

ii) include a timetable for its implementation; and,

iii) provide, a management and maintenance plan for the lifetime of the

development which shall include the arrangements for adoption by

any public authority or statutory undertaker and any other

arrangements to secure the operation of the scheme throughout its lifetime.

9) The development hereby permitted shall not be occupied until the access

road, gradients, parking spaces and turning area shall have been constructed in accordance with details shown on submitted plan no.

02A/33/2017.

10) The development hereby permitted shall not be occupied until the approved visibility splays shall have been provided in accordance with

details shown on submitted plan no. 11A/33/2017; the splays shall be

maintained thereafter.

11) Details of any external lighting for the development including siting, illumination levels and spread of light shall be submitted to and approved

in writing by the local planning authority before any of the buildings are

occupied. Development shall be carried out in accordance with the approved details.

12) Details of boundary fences, hedges and other means of enclosure shall be

submitted to and approved in writing by the local planning authority before any of the buildings are occupied. Development shall be carried

out in accordance with the approved details.

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A04 F/TH/19/1548

PROPOSAL:

LOCATION:

Erection of single storey building comprising 2no. mixed use

retail/cafe units (Use Classes A1 and A3), provision of 2no.

lorry bays and parking, together with associated landscaping

Mount Pleasant Lorry Park Tothill Street Minster RAMSGATE

Kent

WARD: Thanet Villages

AGENT: Mr Doug Brown

APPLICANT: Mr M Trinder

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted

application as amended by the revised plan numbered 01 Rev U, received 24th March 2021;

the revised plan numbered 05 rev J, received 28th September 2020; the plan numbered 06,

received 18th December 2020; and the drainage plans received 21st January 2021.

GROUND;

To secure the proper development of the area.

3 If, during development, significant contamination is suspected or found to be present

at the site, then works shall cease, and this contamination shall be fully assessed and an

appropriate remediation scheme agreed with the Local Planning Authority. The approved

works shall be implemented within a timetable agreed by the Local Planning Authority and

shall be of such a nature as to render harmless the identified contamination given the

proposed end use of the site and surrounding environment, including controlled waters.

Prior to first occupation/use and following completion of approved measures, a verification

report shall be submitted to the Local Planning Authority for approval.

GROUND

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Agenda Item 4d

To ensure that the proposed development will not cause harm to human health or pollution

of the environment, in accordance with Policy SE03 of the Thanet Local Plan and the advice

contained within the National Planning Policy Framework.

4 No infiltration of surface water drainage into the ground is permitted other than with

the written consent of the Local Planning Authority. The development shall be carried out in

accordance with the approved details.

GROUND

To protect vulnerable groundwater resources in accordance with Policy SE04 of the Thanet

Local Plan, and the advice contained within the National Planning Policy Framework.

5 Prior to the first use of the development hereby approved, full details of both hard

and soft landscape works, to include

- species, size and location of new trees, shrubs, hedges and grassed areas to be planted

- the treatment proposed for all hard surfaced areas beyond the limits of the highway

- walls, fences, other means of enclosure proposed

- ecological enhancements to be provided within the site

shall be submitted to, and approved in writing by, the Local Planning Authority.

GROUND

In the interests of the visual amenities of the area and to adequately integrate the

development into the environment in accordance with Policies QD02 and GI04 of the Thanet

Local Plan

6 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 first 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 and to adequately integrate the

development into the environment in accordance with Policies QD02 and GI04 of the Thanet

Local Plan

7 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

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Agenda Item 4d

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

8 No development shall take place until the applicant, or their agents or successors in

title, has secured the implementation of a programme of archaeological work in accordance

with a written specification and timetable which has been submitted to and approved by the

Local Planning Authority.

GROUND

To ensure that features of archaeological interest are properly examined and recorded in

accordance with Policy HE01 of the Thanet Local Plan and the advice contained within the

National Planning Policy Framework.

9 The development hereby permitted shall be carried out in accordance with the

drainage plans submitted 21 January 2021.

GROUND

To protect the district's groundwater, in accordance with Policy SE04 of the Thanet Local

Plan, and the advice contained within the National Planning Policy Framework.

10 Prior to the commencement of any development on site details to include the

following shall be submitted to and approved by the Local Planning Authority and should be

carried out in accordance with the approved details.

(a) Routing of construction and delivery vehicles to / from site

(b) Parking and turning areas for construction and delivery vehicles and site personnel

(c) Timing of deliveries

(d) Provision of wheel washing facilities

(e) Temporary traffic management / signage

(f) Measures to control noise affecting nearby residents

(g) Dust control measures

(h) Access arrangements

GROUND

In the interests of highway safety and neighbouring amenity, in accordance with Policy QD03

of the Thanet Local Plan and the advice contained within the NPPF.

11 Prior to the first occupation of the development, the secure cycle parking facilities, as

shown on approved drawing no. 01 Rev U shall be provided and thereafter maintained.

GROUND

To promote cycling as an alternative form of transport, in accordance with Policy TP03 and

SP43 of the Thanet Local Plan.

12 Prior to the first occupation of the development hereby approved, details of the

design of the electric vehicle charging points, to be located as shown on the approved plan

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Agenda Item 4d

numbered 01 Rev shall be submitted to, and approved in writing by, the Local Planning

Authority, and thereafter implemented and maintained as approved.

GROUND

To protect air quality, in accordance with Policy SE05 of the Thanet Local Plan and the

advice as contained within the NPPF

13 Prior to the first use of the retail/cafe units hereby permitted, details of the location of

the 10no. parking spaces to be made available for general public use shall be submitted to

and approved in writing by the Local Planning Authority. The parking spaces identified on the

approved plans shall be made available for general public use and not restricted to use by

patrons of the proposed units hereby permitted.

GROUND:

In the interests of highway safety.

14 The development hereby approved shall be used as an mixed retail and cafe (mixed

A1 and A3) and for no other purpose including any other purpose in Class A1; of the

Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision

equivalent to that Class in any statutory instrument revoking and re-enacting that Order with

or without modification.

GROUND;

To secure the proper development of the area as an acceptable departure from Policy E05

of the Thanet Local Plan.

15 Prior to the construction of the external surfaces of the development hereby

approved samples of the materials to be used 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

16 The roof of the development hereby permitted shall be finished with Sea Hardened

Sedum, as shown on the approved plan numbered 05 rev J, received 28th September 2020.

GROUND

In the interests of visual amenity and to limit the impact upon the countryside and landscape

character area, in accordance with Policies QD02, SP24 and SP26 of the Thanet Local Plan

17 Prior to the first use of the retail/cafe units hereby permitted, the 2no. lorry parking

spaces as shown on the approved plan numbered 01 Rev U, shall be provided and made

operational. The lorry parking spaces shall thereafter be maintained.

GROUND:

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Agenda Item 4d

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

safety.

INFORMATIVES

Only clean uncontaminated water should drain to the surface water system. Roof drainage

shall drain directly to the surface water system (entering after the pollution prevention

measures). Appropriate pollution control methods (such as trapped gullies and interceptors)

should be used for drainage from access roads and car parking areas to prevent

hydrocarbons from entering the surface water system. We note all foul drainage is intended

to connect to mains sewer.

SITE, LOCATION AND DESCRIPTION

The site is located on the northern edge of Minster Village, adjacent to the existing roadside

services. To the west of the site is the Petrol Station and McDonalds, to the south and south-

west of the site is Premier Inn and a newly constructed Costa Coffee building, and to the

east of the site is amenity/agricultural land. North of the site is Hengist Way (A299).

The site is mostly hard surfaced, with the majority of the land used for lorry parking, and part

of the land previously approved for additional overflow parking space, which has been

implemented with gravel and surrounding timber fencing.

RELEVANT PLANNING HISTORY

F/TH/19/0794 - Retrospective application for change of use of amenity land to carpark -

Granted - 27/09/2019

F/TH/18/0349 - Change of use of existing parking area to storage facility (use class B8) to

include the siting of 77no. Storage container units, office unit, the erection of 3m high

palisade fence to all boundaries, the erection of 7no. 4m high CCTV camera poles, and

associated parking; and change of use of amenity land to a hand car wash (use class sui

generis), to include car wash canopy and 2no. Storage units - Refused - 29/06/2018

R/TH/02/1074 -Creation of HGV parking area in connection with roadside services area,

being details (in part) pursuant to outline planning consent ref no OL/TH/02/0375. Granted -

19/02/2004

R/TH/02/1073 - Erection of roadside services comprising refuelling area, car wash, shop and

access roads being details (in part) pursuant to outline planning consent reference number

OL/TH/02/0375. Granted - 25/05/2005

OL/TH/02/0375 - Variation of condition 2 of planning permission reference TH/99/0295 for

outline permission for the erection of petrol filling station, motorist restaurant and lodge, cafe

and provision of lorry, coach and car parking, picnic area, woodland and landscaping, to

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Agenda Item 4d

extend the time period for the submission of reserved matters to the 30/05/2003. Granted -

10/07/2002

OL/TH/99/0295 - Variation of condition 2 of planning reference 92/0953 to extend the time

period for the submission of reserved matters to 30th May 2002. Granted - 27/05/1999

OL/TH/92/0953 - Erection of petrol filling station, motorist restaurant and lodge, cafe and

provision of lorry, coach and car parking, picnic area, woodland and landscaping - Granted

PROPOSED DEVELOPMENT

The proposal has changed over the course of the application. The original proposal was for

a MOT centre, cafe unit, office unit, and retention of the mobile food truck, with associated

parking. The current amended proposal is for the erection of 2no. single storey retail/cafe

units (mixed A1/A3 use class) with external seating space, associated car parking, and the

creation of 2no. lorry parking spaces.

The units measure 11.5m by 33m in total (348sqm floor area), with a maximum height of

3.7m. The roofs will be green using sea hardened sedum, with metal clad fascias; the walls

will be vertically timber clad; and the windows and doors will be grey aluminium.

Parking is provided for 35no. cars, and the two lorry parking spaces are provided in a layby

design to be accessed via the adjacent access within the petrol station.

The retention of the mobile food truck has been omitted from the application, with the

intention being that the business would move into one of the proposed units.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP24 - Development in the Countryside

SP26 - Landscape Character Area

E05 - Sequential and Impact Test

E13 - Development for new businesses in the countryside

CM01 - Provision of New Community Facilities

HE01 - Archaeology

TP03 - Cycling

TP06 - Car Parking Provision

QD02 - Design Principles

QD03 - Living Conditions

SE04 - Groundwater Protection

SE05 - Air Quality

NOTIFICATIONS

Neighbouring occupiers have been notified and a site notice posted. One objection has been

received raising the following issues:

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Agenda Item 4d

Affect on local ecology

Close to adjoining properties

Inadequate access

Increase in traffic

Increase of pollution

Over development

Strain on community facilities.

Additional litter.

Minster Parish Council - Minster Parish Council have NO OBJECTION IN PRINCIPAL

however if the application is recommended for approval should a financial contribution be

considered, towards the agreed highways improvements under a s278 with kent highways

for the approved development opposite for a costa coffee shop and drive through as this

development will add further traffic at the Laundry Road junction.

CONSULTATIONS

KCC Highways and Transportation - (Final comment)

I refer to the amended plan received for the above on 6th May and confirm my previous

comment that the proposals are unlikely to have a severe impact on the highway that would

warrant a recommendation for refusal. The amount of car parking proposed (35 spaces) is in

excess of that required for the the development itself (25 spaces), however this means that

additional parking can be available for the wider services/amenities available at Minster

Services and therefore reduce the potential for parking on the highway. I therefore have no

objection in respect of highway matters subject to safeguarding conditions.

(Interim comment)

I refer to the revised Transport Statement and amended plans submitted for the above on 2

October and concur that the proposals are unlikely to have a severe impact on the highway

that would warrant a recommendation for refusal. However, the amount of parking proposed

appears excessive compared to the likely demand and it appears around 25 spaces would

be sufficient rather than the 38 shown, so I would ask for clarification on the need for the

number of spaces proposed.

(Interim comment)

I refer to the revised Transport Statement (TS) and amended floor plans submitted for the

above on 9th July and would comment as follows:

1. The description of the development has been amended again and the proposals now

appear to be for 1 no. A1 retail unit and 1 no. A3 cafe unit, although it is not clear if the retail

unit is intended to be food or non-food.

2. The revised TS submitted does not consider the latest proposals, however I consider it is

unlikely that they will generate more traffic than that already considered. Nevertheless, the

assessment of the Laundry Road/Tothill Street junction indicates there is a significant

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Agenda Item 4d

increase in delay for vehicles turning out of Laundry Road, particularly in the pm peak, when

the development is added to the approved Costa Coffee development. The assessment also

does not appear to include the completely new trips generated by the proposals (as opposed

to diverted and pass-by trips), which will further add to the impact at the junction. The

approved Costa Coffee development included minor improvements at the junction to provide

a short two-lane approach from Laundry Road, and a further extension to this flaring is likely

to reduce the impact of the current development and the associated delay. The strip of verge

behind the footway on the south side of Laundry Road is part of the highway so a flare

extension could be accommodated. The applicant should therefore assess the impact of

extending the flare and provide a plan showing the additional length of flare required.

3. As previously advised there should be an assessment of likely parking demand and how

this is to be accommodated within the site. The same applies to deliveries/servicing of the

proposed units, which does not appear to have been taken into account in the site

layout/manoeuvring room provided.

I therefore wish to maintain a holding objection until the above matters have been

satisfactorily resolved.

(Interim comment)

I refer to the additional information submitted for the above and would clarify that a simple

Transport Statement is not all that was requested in our previous comments.

The amount, nature and timing of trips generated by the proposals will depend to a large

extent on the particular uses of the units and the goods to be sold. The description of the

development now appears to have changed to 4no. A1 retail units (2 food and 2 non-food),

from the food, MOT/Tyre centre, office and warehousing previously proposed. The range of

potential uses within this use class is such that the units could generate trips in their own

right as well as pass-by and diverted trips, and I do not agree that none of these trips would

be during network peak hours. In addition, whilst some of the visits to the units may be by

drivers already using the services, the rest would not and would therefore be additional trips

through the Laundry Road/Tothill Street junction and the Minster Roundabout.

An assessment therefore needs to be made of the amount, nature and timing of trips likely to

be generated by the proposals. The parking requirements need to be assessed in a similar

manner, i.e. the likely peak demand needs to be established and accommodated. The same

applies to deliveries/servicing of the proposed units, which also does not appear to have

been taken into account in the site layout/manoeuvring room provided.

The applicant is advised to first agree the trip generation and distribution with the highway

authority so that the extent of highway network to be subsequently assessed can then be

agreed.

I wish to maintain a holding objection until the above matters have been satisfactorily

resolved.

(Initial comment)

I refer to the above planning application and would comment as follows:

1. An assessment needs to be made of the trip generation, parking demand and potential

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Agenda Item 4d

impact of the proposals on the highway network. I would advise the applicant to agree the

scope of this assessment with the highway authority.

2. Although likely to be considered in the above assessment, the arrangement of lorry

parking

shown is not acceptable as vehicles manoeuvring into the spaces would obstruct vehicles

exiting the services. The parking arrangements shown outside units 2 and 3 also require

drivers to reverse unacceptable distances.

I wish to place a holding objection until the above matters have been satisfactorily resolved.

KCC Archeological Officer - Thank you for consulting on the above application. As was

outlined in the pre-application advice, the site lies in an area of archaeological interest. I note

that the area involved was included in an area of archaeological investigation undertaken at

the time of the original services construction. At that time the works were semi-completed

with areas agreed at the eastern end of the site to be investigated following protection during

later phases of development. Unfortunately due to the archaeological works not having been

reported on following the original development I am unable to fully confirm whether this area

is an area fully investigated or an area where archaeological remains were left for late

investigation. It would be helpful if this aspect could be assessed further so we are able to

determine the extent of archaeology measures that may be required. I am happy for this to

be undertaken as the initial stage of a programme of archaeological works that can be

secured through the following condition.

KCC Biodiversity Officer - No information in regards to protected species has been

submitted with this application. As a result of reviewing the data we have available to us

(including aerial photos, habitat surveys and biological records) and the information

submitted with the planning application, we consider that the application will have limited

impacts upon protected species.

The site is predominantly hard standing with areas of rough grassland around the perimeters

of the site. These areas do contain suitable habitat for reptiles, however the area is not well

connected to the wider landscape and has a history of major disturbance reducing the

likelihood of reptiles being present. It is our understanding that the grassland around the

perimeters is to be retained and so we advise this vegetation to be improved and managed

to provide net gains for biodiversity.

Ecological Enhancements

One of the principles of the National Planning Policy Framework is that "opportunities to

incorporate biodiversity improvements in and around developments should be encouraged,

especially where this can secure measurable net gains for biodiversity".

We are very supportive of the proposed landscape plan and advise its implementation to be

secured as a condition of the part retrospective permission if granted.

Southern Water - Our initial investigations indicate that Southern Water can provide foul

sewage disposal to service the proposed development. Southern Water requires a formal

application for a connection to the public sewer to be made by the applicant or developer.

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Agenda Item 4d

It is possible that a sewer now deemed to be public could be crossing the development site.

Therefore, should any sewer be found during construction works, an investigation of the

sewer will be required to ascertain its ownership before any further works commence on site.

Following initial investigations, Southern Water can provide a water supply to the site.

Southern Water requires a formal application for connection and on-site mains to be made

by the applicant or developer. We request that should this application receive planning

approval, the following informative is attached to the consent: A formal application for

connection to the water supply is required in order to service this development.

The proposed development would lie within a Source Protection Zone around one of

Southern Water's public water supply sources as defined under the Environment Agency's

Groundwater Protection Policy. Southern Water will rely on your consultations with the

Environment Agency to ensure the protection of the public water supply source.

Environment Agency - Based on the submitted information we consider that planning

permission could be granted for the proposed development if the following planning

conditions are included as set out below. Without these conditions, the proposed

development poses an unacceptable risk to the environment and we would object to the

application.

TDC Environmental Health - I have reviewed the above application for environmental

health considerations. I note that the application comprises of a single storey building

comprising an MOT/Tyre Centre, a retail/Cafe (Use Class A1) and an Office/Warehouse

(Use Class B1)

My initial concerns over the MOT/Tyre Centre was possible noise caused to residential

properties especially as the doors to the centre open out to face the properties at the top of

the village. I do note however that the nearest residential is approximately 150 metres away

and that planning permission has been granted for a COSTA which will be sited in between

these 2 points. I believe that this would reduce the potential for noise nuisance. I would

however like to condition opening times of this centre and would propose 8am - 6pm

Monday to Saturday and 10am - 4pm on a Sunday.

The application seeks permission for a retail/cafe (listed as A1) and the design and access

statement seeks permission for a retail/food and drink unit. If the application is for a cafe I

would not have thought that A1 would be an appropriate class. Can the applicant clarify what

the unit will be used for?

(following clarification of A1/A3 units)

Thank you for clarifying. I do not have any further comments as I feel that the premise is

some distance from residential.

Natural England - No objections

COMMENTS

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Agenda Item 4d

The application is brought before members as a departure to Policy E05 of the Thanet Local

Plan.

Principle

History

The site originally fell within the area allocated for roadside services within Thanet Local

Plan 2006 Policy TR7, and permission was granted on this site for the provision of 10no.

lorry parking spaces. These spaces were provided and utilised, but approximately ten years

ago the site was sold off and the lorry parking area was blocked off. Within the last few years

the lorry parking area has been made available again, with gated access provided to the

parking area during the opening times of a food van, which is located within the site.

Planning permission for the food van has recently been applied for, but the application was

withdrawn when officers advised that the application was unlikely to be successful, and now

it is the intention of the food van owners to relocate the business to one of the retail/cafe

units being applied for through this application.

Loss of Lorry Parking

The site currently consists of 10no. lorry parking spaces, which were originally required to

help serve the airport and port. A number of lorries come through the petrol station, with

evidence contained within the submitted design and access statement confirming that over a

7 day period of recording lorry movements, 231 lorries passed by the site through the

adjacent petrol station, with a maximum of 49 lorries identified during a single day. It is also

evident from my own site visits that lorries passing through the petrol station often pull over

to park up within the curtilage of the petrol station, causing some restriction of the passing

width for lorries within the petrol station. Within Laundry Road, double yellow lines have

recently been added in order to limit parking within the road, which had been causing

visibility issues and therefore highway safety problems. It would therefore be necessary to

retain some lorry parking within the site given the number of lorries that use it and the lack of

any alternative lorry parking in the immediate services area.

The site has not been retained for lorry parking through a Local Plan Policy, and the

countryside policy no longer requires consideration to be given to the need for the proposed

development; as such limited weight can be applied to the need to retain the whole lorry

parking area.

The proposed layout provides for two lorry parking spaces. These are accessed from the

petrol station, and are provided in a layby design for ease of access. The agent advises that

this proposal has been provided on the basis of the evidence from the 7 day survey, which

found a maximum of 3 lorries to be parked at any one time. The layby parking would provide

for two designated lorry parking spaces.

Given the lack of conditions requiring the retention of the lorry parking from the previous

planning permissions and the lack of Local Plan Policy retaining the lorry parking use, the

principle of the change of use away from the lorry parking area to a mixed use that provides

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Agenda Item 4d

two designated lorry parking areas along with additional off-street parking, is considered to

be acceptable, subject to other material considerations.

Development in the Countryside

The site is located outside of the urban and rural confines, and as such the proposed

development requires consideration under Policy SP24 of the Thanet Local Plan, which

states that 'development on non-allocated sites in the countryside will be permitted for the

retention and/or development of accessible local services and community facilities; or the

redevelopment of a brownfield site for a use that is compatible with its countryside setting

and its surroundings'.

The site is a brownfield site, having previous consent for lorry parking, and being almost

entirely hard surfaced. Furthermore, the proposed retail/cafe uses would be accessible local

services/community facilities for nearby residents within Minster Village; with the preamble of

the communities section within the Thanet Local Plan defining community facilities as village

shops and meeting places. For these reasons the proposed development would comply with

Policy SP24 of the Thanet Local Plan.

Proposed Retail and Cafe Use

The proposed retail/cafe use is defined within the NPPF as a town centre use. Paragraph 86

of the NPPF, and Policy E05 of the Thanet Local Plan, require that a sequential test is

applied to planning applications for new town centre uses, which are not in an existing

centre; with the sequentially preferable location being within the town centre, then the edge

of town centre. Whilst there is a requirement for a sequential test to be submitted with this

new retail application, given the modest size of the units proposed, it is likely that a vacant

unit exists within one of the existing town centres that could accommodate this development,

and as such the proposed development would not accord with Policy E05 of the Thanet

Local Plan. Policy E05 states that 'where an application fails to satisfy the sequential

test…..it will be refused'.

Whilst contrary to this policy in the Thanet Local Plan, the proposal is not considered to be

contrary to the NPPF, as paragraph 25 states that a sequential approach should not be

applied to small scale rural development, which the proposal would be given its edge of

village location. Furthermore, the floor area of the proposed units is 348sqm, which falls

below the threshold for an impact assessment.

Paragraph 28 of the NPPF supports economic growth in rural areas, including "the

sustainable growth …..of all types of business and enterprise in rural areas…through well

designed new buildings; and through promoting the development …. of agricultural and land-

based rural businesses". Furthermore, Policy E13 of the Thanet Local Plan permits 'well-

designed new development for economic development purposes for new businesses in

sustainable location, at a scale and form compatible with their rural location'. The proposed

development would incorporate the growth of two new businesses in the rural area, which

are sustainably located at the edge of Minster Village. The proposed development would

provide the equivalent of approximately 6no. full time jobs, and the retail/cafe use will

provide a local shop/meeting space that could help to enhance the sustainability of the

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Agenda Item 4d

village and its existing and future community, as supported by paragraph 92 of the NPPF. As

such the proposed development would provide economic and social benefits.

Whilst there is not a need for additional roadside services, and whilst the proposal is contrary

to Policy E05 of the Thanet Local Plan, which requires need retail development to be located

within existing town centres, the proposed development will provide economic and social

benefits for the village, which is supported by the NPPF.

The benefits provided by the development provide some justification towards the need, and

therefore the principle of development could be considered acceptable as a departure to

Policy E05 of the Thanet Local Plan if the social and economic benefits of the proposal

outweigh the environmental harm to the countryside and landscape character area, and

subject to all other material considerations such as impact upon highway safety and

neighbouring living conditions being considered acceptable.

Character and Appearance

Impact upon Countryside

Policy SP24 states that all development proposals to which the policy applies should be of a

form, scale and size which is compatible with, and respects the character of, the local area

and the surrounding countryside and its defining characteristics.

The original proposal was for a MOT centre with retail units. The MOT unit was a taller

building close to the northern boundary of the site, and concern was raised that a building of

this height and scale would have had a detrimental impact upon the surrounding landscape

area. Concern was also raised with the mobile food truck, and the impact that this temporary

building would have upon visual amenities in this prominent location.

Amended plans have been submitted that omit the mobile food truck from the scheme, and

provide two single storey, low level, retail/cafe units. Whilst the buildings are located only 2m

from the northern boundary, a hedge exists along the northern boundary, along with a raised

embankment, meaning that the application site falls below the raised road level of Hengist

Way to the north. The units have been designed with very shallow mono-pitched roofs to a

maximum height of only 3.7m (3.1m closest to the northern boundary) that are green with

Sea Hardened Sedum. A submitted section plan shows that the proposed building will be

approximately one metre above the ground level of Hengist Road, with landscaping between

the road and proposed buildings. The buildings are clad with vertical timber cladding, a

material characteristic of rural locations. A basic 'Visual Impact Assessment' has been

submitted, which shows that with both the drop in land level, retention of soft landscaping to

the boundary, and limited height of the units, along with the use of green roofs, the proposed

units will have limited impact upon long views across the countryside and landscape

character area. There is a backdrop of existing development within the services, and given

the presence of surrounding cafe/retail units in the vicinity, including the recently approved

Costa unit, which is located opposite the site, the proposed development will appear in

keeping with the surrounding commercial character of the Minster services.

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Agenda Item 4d

This is a brownfield site, with the majority of the site already hard surfaced for the existing

parking area, and as such whilst the site is located within the designated countryside, it will

not result in the loss of agricultural or soft landscaped land, and will not therefore have an

impact upon the intrinsic character and beauty of the countryside, a consideration under

paragraph 170 of the NPPF.

A landscaping plan has been submitted with the application. The plan shows the retention of

existing hedge planting to the northern and eastern boundary, and the provision of new tree

planting around the site along with shrub planting. The new landscaping will help to soften

the appearance of the site, which is currently predominantly hard surfaced with minimal

landscaping.

It is therefore considered that subject to conditions requiring the submission of timber

cladding samples, and the provision of the sedum roof and proposed landscaping, that the

impact upon the surrounding countryside and landscape character area is acceptable. The

proposed landscaping could even be viewed as an enhancement of the site. As such, the

proposed development is considered to comply with Policy QD02 of the Thanet Local Plan.

Living Conditions

The site is a significant distance from the nearest neighbouring residential property, which is

south of the site behind the recently constructed Costa unit. As such there will be no light,

outlook or privacy issues caused by the proposed development. Whilst the proposed use

and associated parking may cause some noise and disturbance, this is no worse than that

provided through the existing lorry parking use or existing commercial units within the

services area.

Environmental Health has been consulted. Whilst concern was raised with the previous MOT

centre proposal, due to the distance to neighbouring occupiers Environmental Health has

raised no objections to the proposed retail/cafe units.

The impact upon the neighbouring occupiers is therefore considered to be acceptable and in

accordance with Policy QD03 of the Thanet Local Plan and the NPPF, which requires that a

high standard of amenity for neighbouring occupiers is maintained.

Transportation

The proposal provides for a single access point into the site from the adjacent petrol station,

and the provision of 35no. car parking spaces, along with 2no. Lorry parking spaces. Within

the parking area, 4no. spaces have designated electric vehicle charging points.

KCC Highways were consulted, and concerns were raised with the originally submitted plans

regarding the lack of a transport assessment considering trip generation, parking demand

and highway network impact.

A Transport Statement and amended floor plans were submitted, with the use changing from

the original MOT centre to the currently proposed retail/cafe units, and with the parking

layout changing to incorporate two layby lorry parking spaces. Concerns were raised with

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Agenda Item 4d

the assessment, including a lack of information on the impact on the Laundry Road/Tothill

Street junction, and the number of new trips generated by the development.

A revised Transport Statement and further amended plans addressing the use of the units

and parking layout were submitted. The Transport Statement concludes that whilst it can be

seen that the additional trips will affect the capacity of the junction with the committed

housing, Costa and the proposed development, the junction does not exceed the critical

value on the basis that the widening takes place (which has occurred). The benefits of

further widening at the junction have been discussed, however it was considered that this

would be of little benefit as the queueing/delays were primarily for right turning vehicles.

In terms of vehicle trips, the Transport Statement concludes that the site has the potential to

generate a fair number of daily trips, however many of these will be linked trips, visitors to

the site already visiting the adjacent facilities such as the service station, convenience store

etc. The proposed redevelopment will use existing accesses on Laundry Road and most

traffic will access the wider network via the Laundry Road/Tothill Road junction, but even

with other committed development that will increase the demand on the junction, it will still

be able to operate within its capacity following the recent junction widening works.

KCC Highways has advised that following the submission of the revised Transport

Statement and amended plans that the proposals are unlikely to have a severe impact on

the highway that would warrant a recommendation for refusal; although KCC are of the view

that the 35no. parking spaces proposed are excessive, and should be reduced to the

necessary 25no. spaces. The applicant is keen to keep the parking provision as shown, and

has agreed to a condition that allows for ten of the parking spaces to be publicly available

spaces, rather than spaces solely for use by users of the proposed cafe/retail units. The

forecourt area of the development will be set out to allow all cars and delivery vans to be

able to turn on site to allow for entry and exit in a forward gear onto the internal access road

of Minster Services.

On the basis of this condition, which provides for additional public parking within the

services, including electric vehicle charging areas (of which there are currently not many),

the impact upon highway safety is considered to be acceptable. The proposal is therefore

considered to be in accordance with Policy TP06 of the Thanet Local Plan, and the NPPF.

Ecology

No information in relation to protected species has been submitted; however, the site is

predominantly hard surfaced, so it is likely that the application will have limited impacts upon

protected species.

KCC Biodiversity has been consulted and advise that there is the potential for the areas of

rough grassland around the perimeters of the site to contain suitable habitat for reptiles;

however the area is not well connected to the wider landscape and has a history of major

disturbance reducing the likelihood of reptiles being present.

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Agenda Item 4d

The retention of the grassland around the perimeters is supported, and a condition

recommending further ecological enhancements of this area is recommended, in order to

provide net gains for biodiversity.

Subject to this safeguarding condition the impact upon biodiversity is considered to be

acceptable, and in accordance with the NPPF.

Archaeology

The area is rich in archaeological remains, particularly of prehistoric and Romano-British as

has been seen from investigations at the services, the Premier Inn and the East Kent Access

Road.

The KCC Archaeology Officer has been consulted, and advises that the site was included in

an area of archaeological investigation undertaken at the time of the original services

construction. At that time the works were semi-completed with areas agreed at the eastern

end of the site to be investigated following protection during later phases of development.

Unfortunately due to the archaeological works not having been reported on following the

original development, KCC are unable to fully confirm whether this area is an area fully

investigated or an area where archaeological remains were left for later investigation.

Without a full understanding of what archaeological works have taken place, a safeguarding

condition is recommended that secures archaeological works prior to the commencement of

any development.

Subject to this safeguarding condition, the impact upon archaeology is considered to be

acceptable and in accordance with Policy HE01 of the Thanet Local Plan and the NPPF.

Drainage

Southern Water has advised that they can provide foul sewage disposal and a water supply

to service the proposed development. A condition to provide details of surface water and foul

drainage has been recommended.

The proposed development would lie within a Source Protection Zone around one of

Southern Water's public water supply sources. The Environment Agency has been

consulted, but raises no objections subject to safeguarding conditions.

The impact upon flood risk and the water supply is therefore considered to be acceptable,

and in accordance with the NPPF.

Conclusion

Whilst the site was historically allocated for roadside services, the site currently lies within

the countryside, with no designated allocation. However, the site is previously developed

land, being hard surfaced and having been used for lorry parking for an extensive period of

time under a historic planning permission.

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Agenda Item 4d

The proposed development is for the erection of 2no. cafe/retail units, that are small in scale,

rural in appearance, and result in limited impact upon long distance views. The proposed

use would be accessible to the occupiers of Minster Village given its edge of village location,

providing some community benefit, and would provide jobs in a sustainable rural location.

There will be limited highway impact, and sufficient parking provision, including the benefit of

general parking provision for the Minster services (rather than to specifically serve the

proposed units) and electric vehicle charging points.

Whilst a sequential test has not been provided, the distance to the nearest town centre and

the small scale of the proposed development means it is unlikely that the requirements of the

test could be met, and therefore the proposed development is viewed as a departure to

Policy E05 of the Thanet Local Plan. However, the proposed development would not require

an impact assessment, and the rural location of the proposed use without the benefit of a

sequential test is supported by the NPPF. The proposed use will provide community social

benefits, and economic benefits through the provision of new jobs, and there will be limited

environmental harm on the countryside given the scale and design of the development and

the benefits provided through the proposed landscaping plan.

Overall the benefits of the scheme are considered to outweigh the harm to the town centres,

and the use of a condition restricting the proposed development to a cafe/retail use will

prevent the unit from turning to an alternative use that would be better suited to a town

centre location.

Subject to this and other safeguarding conditions, the benefits of the scheme are considered

to outweigh the harm, and therefore the proposal is considered as an acceptable departure

to Policy E05 of the Thanet Local Plan. It is therefore recommended that Members approve

the application.

Case Officer

Emma Fibbens

Page 167

Agenda Item 4d

TITLE: F/TH/19/1548

Project Mount Pleasant Lorry Park Tothill Street Minster RAMSGATE Kent

Page 168

Agenda Item 4d

A05 L/TH/21/0286

PROPOSAL:

LOCATION:

Application for Listed building Consent for restoration of

Telephone Kiosk to facilitate use as defibrillator station

including replacing glazing with toughened glass, repainting in

yellow and installation of defibrillator

Telephone Kiosks The Square BIRCHINGTON Kent CT7 9AF

WARD: Birchington South

AGENT: Mr Robert Wright

APPLICANT: Birchington Parish Council

RECOMMENDATION: Approve

Subject to the following conditions:

1 The works hereby permitted shall be begun before the expiration of three years from

the date of this permission.

GROUND;

In pursuance of Section 18 of the Planning (Listed Buildings and Conservation Areas) 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 and the approved drawing titled block plan.

GROUND:

To secure the proper development of the area.

3 No existing paint work shall be removed, or new paint work applied until details of the

precise colour of the new paint shall be submitted to and approved in writing by the Local

Planning Authority. The works shall not be carried out unless in accordance with the details

so approved.

GROUND:

To secure a satisfactory external treatment and to safeguard the special character and

appearance of the designated heritage asset in accordance with policy HE03 of the Thanet

Local Plan and the advice as contained within the NPPF.

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Agenda Item 4e

SITE, LOCATION AND DESCRIPTION

The telephone box subject of this listed building application is positioned next to another box

in front of the flank wall elevation of the Powell Arms Public House, The Square in

Birchington. The telephone box in question is the eastern most one. The site sits within the

Conservation Area and The Powell Arms is itself Grade II listed.

The Telephone boxes (K6 type) are Grade II listed and were designed 1935 by Sir Giles

Gilbert Scott. The list description states that they are square kiosks with domed roofs

constructed of cast iron with unperforated crowns to top panels and margin glazing to

windows and door.

RELEVANT PLANNING HISTORY

L/TH/95/0039 Relocation of telephone kiosk Granted 28/02/1995

PROPOSED DEVELOPMENT

Listed building consent is sought for the restoration of the telephone kiosk including

replacing glazing with toughened glass, repainting it yellow and the installation of a

defibrillator.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan Policies 2020

SP36 - Conservation and Enhancement of Thanet's Historic Environment

HE03 - Heritage Assets

NOTIFICATIONS

Letters were sent to neighbouring property occupiers, a site notice was posted close to the

site and an advert was posted in the local paper. No comments have been received.

Birchington Parish Council: The comments of the Conservation Officer are supported

CONSULTATIONS

TDC Conservation Officer: Following a review of the above application I would like to state

that I have no objections to the proposed development. Throughout the country examples of

this conversion type have already been undertaken successfully. I would also argue that

although there will be a change of use for the heritage asset, the conversion ensures its

continued maintenance and sustained condition in the future, rather than it falling into a state

of disrepair which is common for assets of this type.

KCC Highways: The development proposal does not meet the criteria to warrant

involvement from the Highway Authority.

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Agenda Item 4e

COMMENTS

This application is reported to the Planning Committee at the request of Councillor Wright in

order for Members to consider whether any harm is caused to the character and appearance

of the Birchington Conservation Area, particularly in Station Road.

The only consideration in the determination of this application is the impact of the work on

the architectural and historic significance of the listed building and surrounding conservation

area. Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990

("the Act") requires that when 'considering whether to grant listed building consent for any

works the local planning authority … shall have special regard to the desirability of

preserving the building or its setting or any features of special architectural or historic

interest which it possesses'. In assessing proposals in conservation areas Section 72 of the

Act places a duty on local planning authorities to pay special attention to the desirability of

preserving or enhancing the character or appearance of conservation areas.

The proposal would see the refurbishment of the kiosk with toughened glazing, replacing

defective hinges and restraining strap and its repairing to yellow to make it more provincial

with the street scene- thus clearly denoting that its use is not that of making calls but housing

emergency equipment- defibrillator.

Paragraph 127 of the National Planning Policy Framework (NPPF) states decisions should

ensure that developments will function well and add to the overall quality of the area, are

visually attractive as a result of good architecture, layout and appropriate and effective

landscaping, sympathetic to local character and history, establish or maintain a strong sense

of place, and optimise the potential of the site to accommodate and sustain an appropriate

amount and mix of development and create places that are safe, inclusive and accessible.

Paragraphs 193 and 196 of the NPPF advise that LPAs should take account of the

desirability of sustaining and enhancing the significance of heritage assets and putting them

into viable uses consistent with their conservation. In determining applications great weight

should be given to the asset's conservation irrespective of whether any potential harm

amounts to substantial harm, total loss, or less than substantial harm to its significance.

Policy SP36 sets out that the Council will support, value and have regard to the historic or

archaeological significance of Heritage Assets by protecting the historic environment from

inappropriate development, encouraging new uses to bring listed buildings back into use and

encouraging their survival and maintenance without comprising the conservation or

significance of the asset and supporting development that is of a high quality design and

supports sustainable development. Policy HE03 sets out that the Council supports the

retention of local heritage assets, including structures, features and gardens of local interest.

Proposals that affect both designated and non-designated heritage assets will be assessed

by reference to the scale of harm or loss of the significance of the asset in accordance with

the criteria set out in the NPPF.

The K6 Telephone Kiosk was designed by Sir Giles Gilbert Scott in 1935 and brought into

production in 1936 and is an iconic structure that is part of Britain’s Heritage. The K6 type

kiosk was based on his earlier K2 type kiosk from which he took inspiration from the tomb in

St. Pancras Old Church Gardens, designed by Sir John Soane for his family, dated 1816.

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Agenda Item 4e

Scott originally designed the exterior of his K2 type kiosk to be silver to commemorate the

silver jubilee of King George V. However, the General Post Office decided the colour should

be red, likely to match the livery of their existing red post boxes. It is, however, noted that not

all kiosks were not universally painted red, as this colour caused many local difficulties in

areas of natural and architectural beauty, resulting in requests for less visible colours. In

response the General Post Office allowed a number to be painted grey, green or cream.

Some of these non-red coloured kiosks still survive. Today, due to the rise in mobile phone

use, many of the kiosks have been decommissioned. Nationally kiosks have been

repurposed for a variety of new uses including libraries, book exchanges, cafes, phone

recharging stations, tourist information centres, flower shops, internet stations, souvenir

shops, work stations, and even a tiny pub.

The Grade II listed structure is located in a prominent position in The Square and the

Conservation Area. Minor alterations are proposed in the form of replacing defective hinges

and restraining strap.

In terms of the change in colour from red to yellow and is a deliberate changing of the colour

used to draw attention to the intended use. While it is recognised the traditional red colour of

kiosks are an intrinsic part of their identity, it is important to note the proposed works are fully

reversible and the kiosk could be repainted at a later date should the use change. In terms

of the change in glazing - to toughened glass- replacing the existing polycarbonate glazing-

a more modern material), this would alter the external appearance in a more limited way.

The word ‘Telephone’ would be changed to ‘Defibrillator’ again highlighting its purpose. The

black panel would be used to mount the defibrillator. As a result the works are likely to cause

some harm to the significance of the listed asset, in conflict with some of the aims of policies

SP36 and HE03 of the Thanet Local Plan, and the NPPF.

In considering the level of harm caused, paragraph 194 of the NPPF requires clear and

convincing justification for the proposal, and paragraph 196 sets out that any such harm

should be weighed against the public benefits of the proposal, including where appropriate,

securing its optimum viable use.

Whilst some harm is acknowledged - this is reversible. Furthermore the proposal needs to

be considered in the context of the reuse of the kiosk and its long term viability. It is

acknowledged that many existing kiosks of this type have not been meaningfully utilised and

due to lack of use often fall into disrepair.

Whilst the works would undoubtedly cause some harm to designated heritage asset and the

historic environment, as the Council's Conservation Officer acknowledges the, conversion

ensures its continued maintenance and sustained condition in the future, rather than it falling

into a state of disrepair which is common for assets of this type. Therefore, on balance, the

provision of alterations which can be reverted any a future date is considered to create a

community benefit that would outweigh the temporary harm to the historic structure and

environment and character and appearance of the area, and is considered by Officers to

comply with the overall aims of the Thanet Local Plan, and aims of paragraphs 127 and 196

of the NPPF.

Conclusion

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Agenda Item 4e

The site is located, being within the Birchington Conservation Area, as well as being to a

listed structure and in close proximity to a number of other listed buildings; including the

Powell Arms Public House. Given the temporary nature of the colour change and the need to

find and maintain viable reuses of telephone kiosks, the works are considered to result in

some harm to the asset. Where harm is identified the NPPF requires a balancing exercise

with any public benefit that might outweigh the harm caused. In this case the facility would

provide emergency medical equipment, which would provide a public benefit and given the

temporary nature of the works, would be likely to outweigh any temporary harm and

therefore the application is recommended for approval.

Case Officer

Gill Richardson

Page 173

Agenda Item 4e

TITLE: L/TH/21/0286

Project Telephone Kiosks The Square BIRCHINGTON Kent CT7 9AF

Page 174

Agenda Item 4e

A06 F/TH/21/0082

PROPOSAL:

LOCATION:

Retrospective application for the change of use from single

dwelling to a house in multiple occupation for up to 6 people

(Use Class C4).

47 Grange Road RAMSGATE Kent CT11 9LR

WARD: Central Harbour

AGENT: Mr Ian Titherington

APPLICANT: Mrs Sarah Ene

RECOMMENDATION: Approve

Subject to the following conditions:

1 The proposed development shall be carried out in accordance with the submitted

application as amended by the revised drawings numbered named Ground, First and

Second Floor plans received, 29 March 2021 and 05 received 08 April 2021.

GROUND;

To secure the proper development of the area.

2 No more than six persons shall occupy the property as principal or main residence at

any one time.

GROUND:

In the interests of neighbouring amenity, in accordance with Policy QD02 and HO19 of the

Thanet Local Plan.

INFORMATIVES

Please be aware that obtaining planning permission and complying with building regulations

are separate matters - please contact building control on 01843 577522 for advice on

building regulations

SITE, LOCATION AND DESCRIPTION

47 Grange Road is a three storey mid-terrace building located close to the junction with St

Mildreds Road and Willsons Road. The property has a flat roof bay window at ground floor

level and pairs of sliding sash windows on the upper floors. The lower ground floor has been

separated from the upper three floors as part of application F/TH/19/1213 and is in use as a

1 bedroom flat.

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Agenda Item 4f

RELEVANT PLANNING HISTORY

FH/TH/20/1294 - Retrospective application for the erection of external staircase following

demolition of existing and the erection of a single storey rear extension, together with the

addition of cladding to the rear elevation and alterations to fenestration. Granted 24

November 2020.

F/TH/20/0673 - Erection of a third floor roof terrace, with associated 1.2m high metal railings

to front and rear and 1.8m screening to sides together with extension of existing basement

accommodation to front with formation of vehicular crossover and off road parking above.

Granted 04 August 2020.

F/TH/19/1213 - Change of use from single dwelling to 1no. 1-bed self-contained flat and 1no.

6-bed dwelling together with replacement of existing timber windows with UPVC and

alterations to fenestration. Granted 12 December 2019.

PROPOSED DEVELOPMENT

This is a retrospective application for the change of use from a 4 bed dwelling to 6 bed

House of Multiple Occupancy (HMO). No external changes are proposed to facilitate the

change of use and the maximum number of proposed occupants is six.

This application only relates to the ground, first and second floors of the property and does

not include the lower ground floor which is currently in use as a one bedroom flat.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

HO19 - House in Multiple Occupation

QD02 - General Design Principles

QD03 - Living Conditions

TP02 - Walking

TP03 - Cycling

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice was posted close to

the site.

One letter has been received raising no objection to the proposed use but raising concerns

about parking in the area.

Ramsgate Town Council - Opposes this application on the grounds that it is considered to

be overdevelopment and out of keeping with the area.

Page 176

Agenda Item 4f

Ramsgate Heritage and Design Forum - No objection.

CONSULTATIONS

TDC Private Sector Housing - 1. The TDC Amenity Guidelines suggest that 11 square

metres is needed for any double room where a living room (shared or private) is available

and 7 square metres for any single person room. Therefore, rooms 3 and 4 are large enough

to accommodate 2 persons and all other bedrooms may be occupied by one person.

2. We expect to see one shared kitchen, one shared bathroom and one separate WC per

five occupants. However, I am aware that additional cooking and washing appliances have

been provided to the shared kitchen on the ground floor, and so on that basis, the maximum

number of persons that we would permit would be six.

I am not aware of any licensed HMOs within 100m of the property. I have no information as

to whether there are any smaller HMOs with shared accommodation (up to four persons) in

the vicinity. As such smaller HMOs are not licensable, we have no records as to their

whereabouts.

COMMENTS

This application has been brought to committee by Cllr Albon for members to consider the

impact of the use and upon the area.

Principle

The site is located within the urban confines of Ramsgate and comprises an existing

residential dwelling.

Policy HO19 states that proposals for Houses in Multiple Occupation (HMO's), either through

conversion of existing buildings or new built development, will not be permitted in those parts

of the Cliftonville and Margate Central Wards as illustrated on the policies map.

Elsewhere proposals will be permitted where the development:

1) Does not give rise to an unacceptable impact on the living conditions of neighbouring

residents through noise or general disturbance;

2) Does not result in an intensification or concentration of such uses which is detrimental to

the amenity and character of the neighbourhood (having regard to the criteria set out in para

11.34 by way of guidance)

3) Provides suitable arrangements for car parking, or adequate on-street parking is available

within the vicinity of the site and

4) Provides suitable arrangements for the storage and collection of waste

The principle of development is therefore considered acceptable subject to all other material

considerations.

Character and Appearance

Page 177

Agenda Item 4f

The proposed development makes no changes to the external appearance of the property.

The Council's Housing Officer has confirmed that there are no licensed HMOs within 100m

of the property. There is planning history for HMOs at 68 Grange Road (F/TH/93/0052) and

97 West Cliff Road (F/TH/91/0867), however both of these properties are more than 50m

away from the application site. Furthermore a certificate of lawful development was granted

for the use of 97 West Cliff Road as 3 self contained flats in 2011 (CU/TH/10/0980).

The existing property has four bedrooms, one on the first floor and two at second floor level.

The two rooms on the first and second floor at the front of the property have been subdivided

to provide the additional bedrooms. These rooms could be subdivided for use in association

with the existing dwelling without the benefit of planning permission and therefore the

existing property could accommodate a greater number of residents than the 6 proposed as

part of this application.

Bin storage is accommodated within the curtilage of the existing dwelling and collected

similar to the existing arrangements.

Given that there are no external changes and the limited number of proposed residents, it is

considered that the development would have no significant impact upon the character and

appearance of the area, in line with policy QD02 and HO19 of the Thanet Local Plan and the

National Planning Policy Framework.

Living Conditions

Whilst the HMO can accommodate up to 6 unrelated people, there is no reason to assume

that the occupants would cause more noise and disturbance or anti-social behaviour than

people living in the property as a single household.

The Council's Housing Licensing Officer has confirmed that the property meets the

requirements for a HMO for up to 6 people. All habitable rooms benefit from natural light and

ventilation and there is an amenity area at the rear that would be accessible for all residents.

It is, therefore, considered that the development does not have a significant impact upon the

living conditions of the neighbouring residential property occupiers and provides an

acceptable standard of accommodation for the residents in line with policy QD03 and HO19

of the Thanet Local Plan and the National Planning Policy Framework.

Transportation

The site is located in a highly sustainable location with a number of local facilities located

opposite the site and within a short distance along Grange Road. Grange Road is also

served by a regular bus service and is within walking distance of Ramsgate town centre. The

existing property has four bedrooms and the proposed HMO would accommodate up to 6

people. One off road parking space is available at the front of the property and it is

considered that due to the number of residents within the property, the properties existing

Page 178

Agenda Item 4f

capacity and the location of the site, there would be no significant increase in demand for

parking or harm to highway safety as a result of the proposed development.

Financial Contributions

Natural England has previously advised that the level of population increase predicted in

Thanet should be considered likely to have a significant effect on the interest features for

which the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and RAMSAR

have been identified.

Thanet District Council produced the 'The Strategic Access Management and Monitoring

Plan (SAMM)' to deal with these matters, which focuses on the impacts of recreational

activities on the Thanet section of the Thanet Coast and Sandwich Bay Special Protection

Area (SPA). The studies indicate that recreational disturbance is a potential cause of the

decline in bird numbers in the SPA. To enable the Council to be satisfied that proposed

residential development will avoid a likely significant effect on the designated sites (due to an

increase in recreation) a financial contribution is required for all housing developments to

contribute to the district wide mitigation strategy. This mitigation has meant that the Council

accords with the Habitat Regulations.

Whilst the proposed HMO increases the number of bedrooms in the property from four to six,

the HMO would be restricted to a maximum of six residents at any one time. Furthermore the

existing bedrooms could be subdivided without the need for planning permission if the

property was to remain as a single dwelling. It is therefore considered that given the size and

number of bedrooms within the existing property, the permitted development fallback

position, and the restriction of 6 residents within the HMO, that there would not be an

increase in the number of people accommodated by the dwelling. A contribution to mitigate

against increased recreational pressure upon the special protection area has therefore not

been requested in this instance.

Conclusion

Following consideration of the relevant local plan policies and all relevant material planning

consideration, it is recommended that planning permission is approved.

Case Officer

Duncan Fitt

Page 179

Agenda Item 4f

TITLE: F/TH/21/0082

Project 47 Grange Road RAMSGATE Kent CT11 9LR

Page 180

Agenda Item 4f

A07 FH/TH/21/0214

PROPOSAL:

LOCATION:

Erection of a two storey front, side, and rear extension, together

with roof extension, increase in ridge height and alterations to

roof form, erection of dormer to front roof slope and insertion of

1No. rooflight, insertion of 3No. rooflights to rear, and 2No.

rooflights to side elevation, together with alterations to

fenestration and materials

13 Berkeley Road BIRCHINGTON Kent CT7 9JR

WARD: Birchington North

AGENT: Mr Tony Michael

APPLICANT: Francesca Day

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The development hereby approved shall be carried out in accordance with the

submitted drawings numbered 04A, 05A, 06, 08, 09 received 17/02/2021 and 07, received

18/02/2021.

GROUND;

To secure the proper development of the area.

INFORMATIVES

Please be aware that obtaining planning permission and complying with building regulations

are separate matters - please contact building control on 01843 577522 for advice on

building regulations

SITE, LOCATION AND DESCRIPTION

Page 181

Agenda Item 4g

Berkeley Road is a short winding residential street in Birchington, accessed off of Beach

Avenue. It sits in close proximity to the seafront and Birchington bowling green. There are

properties of varying sizes, scales and designs within the street, including some two storey

dwellings and some bungalows. There is a mixed material palette and no fixed font building

line.

Number 13 Berkeley Road is a flat roofed, roughed rendered bungalow that steps down on

the right with a front porch extension. It is set back a short distance from the highway and

sits between a more traditional brick bungalow to the west and a larger two storey narrow

dwelling with an ornate turreted side projection to the east. Semaphore Road sits between

the building and the neighbouring eastern property, which is set back from the properties on

either side.

The application property is unusual within the varied streetscape, having no architectural

affinity with any other dwelling in Berkeley Road.

RELEVANT PLANNING HISTORY

None.

PROPOSED DEVELOPMENT

The application seeks planning permission for the erection of a two storey front, side, and

rear extension, together with a roof extension, an increase in ridge height and alterations to

roof form, the erection of a dormer to the front roof slope and insertion of 1No. Rooflight, the

insertion of 3No. rooflights to the rear, and 2No. rooflights to the side elevation, together with

alterations to fenestration and materials.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP35 - Quality Development

QD01 - Sustainable Development

QD02 - General Design Principles

QD03 - Living Conditions

QD04 - Technical Standards

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice posted close to the

site. No representations have been received.

Birchington Town Council: Support the application.

CONSULTATIONS

Page 182

Agenda Item 4g

None.

COMMENTS

This application is reported to Planning Committee as the applicant is related to a member of

the Council.

Principle

The proposal relates to an existing residential dwelling and there is no in principle objection

to its extension or alteration.

The main considerations are the impact on the character and appearance of the surrounding

area, the living conditions of neighbouring occupiers and highway safety.

Character and Appearance

Paragraph 127 of the National Planning Policy Framework (NPPF) states decisions should

ensure that developments will function well and add to the overall quality of the area, are

visually attractive as a result of good architecture, layout and appropriate and effective

landscaping, sympathetic to local character and history, establish or maintain a strong sense

of place, and optimise the potential of the site to accommodate and sustain an appropriate

amount and mix of development and create places that are safe, inclusive and accessible.

Policy QD02 of the Thanet Local Plan outlines that the primary aim of new development is to

promote or reinforce local character and provide high quality and inclusive design that is

sustainable in all other respects. Proposals should therefore relate to surrounding

development, form and layout, be well designed, pay particular attention to context and

identity of location, scale, massing, rhythm, density, layout and materials, and be compatible

with neighbouring buildings and spaces. Any external spaces and landscape features should

be designed as an integral part of the scheme.

The proposed works would see a partial two storey and single storey dwelling with a gabled

front projection and pitched roof dormer. It would see a large increase in roof height and

mass but this would sit between the two storey property at No. 11 Berkeley Road to the east,

and the bungalow at No. 15 Berkeley Road to the west, providing a good transition between

properties. Gable frontages and forward projections are not uncommon within the wider

streetscape, however the proposed front projection would be two storey in nature and would

bring built form forward by around 3m. Given that No. 11 is set further back than the

application property, this would result in a larger noticeable change in this location, with the

street curving here and bringing development closer to the highway.

Given that the site sits on the corner on Semaphore Road and Berkeley Road, it is perceived

differently and it is noted that the properties in Berkeley Road address the road in a variety

of ways. As such, it is considered that there is sufficient variety in terms of the street facing

nature of properties, scales and front building lines that the works are unlikely to be

significantly harmful to the streetscape.

Page 183

Agenda Item 4g

Dormers and varying roof forms are not uncommon in the area and the property would be

finished in natural cladding, smooth render, and slate tiles. Given the varied material palette

and the location of the property, the proposed materials and more modern appearance are

not considered harmful to this varied streetscene. Large glazed sections are evident

elsewhere within Berkeley Road and this again would not be uncommon.

Overall the works are considered to offer an improvement to the existing building, which

does not relate well to the wider streetscape and appears of poor quality. The works would

allow for a larger and better proportioned building, that would provide a transition between

properties along this part of Berkeley Road, and the works are therefore considered to

comply with the aims of policy QD02 of the Thanet Local Plan and the guidance of the

NPPF.

Living Conditions

Paragraph 117 of the NPPF states that planning decisions should promote an effective use

of land in meeting the need for homes and other uses, while safeguarding and improving the

environment and ensuring safe and healthy living conditions. Paragraph 127 states that

decisions should ensure development creates, inclusive and accessible and which promote

health and well-being, with a high standard of amenity for future users. Policy QD02 of the

Thanet Local Plan outlines that new development should be compatible with neighbouring

buildings and spaces, and should be inclusive in its design for all users. It should improve

people's quality of life by creating safe and accessible environments and promote public

safety and security. Policy QD03 outlines that new development must not lead to

unacceptable living conditions through overlooking, noise, vibrations, light pollution,

overshadowing, loss of natural light or a sense of enclosure. New development should be of

an appropriate size and layout to facilitate comfortable living conditions in accordance with

policy QD04.

The proposed works would see additional built form and openings to the front of the

property. The front building line would still sit around 1.4m from the highway and would be

set back from properties to the north, with around 17m overall between the site and No. 8

Berkeley Road. This is considered to be an appropriate distance as to prevent any harm to

neighbouring amenity in this location.

To the east with No. 11 the application property would be set forward and extend another

3m, creating a first floor to the side and two storey development towards the rear. Most of

the additional built form in this location would be set forward of any neighbouring windows in

the flank of No. 11, and located away from neighbouring habitable space. The eaves height

would be lower than that at the neighbouring property, along with the ridge height, and there

would be almost 6m of separation between sites over a highway. Given the above, the works

are not considered to result in any unacceptable loss of light, loss of outlook, sense of

enclosure or overbearing. New openings would be likely to sit forward of those in the

neighboring property and no objections have been received. The works are therefore not

considered to have any harmful impact in this location.

To the west with No. 15, there would be a lot of additional built form, with the ridge being

raised from 2.9m to up to 6.9m, and the two storey projection measuring 7.3m. The two

Page 184

Agenda Item 4g

storey element would be set in from the western flank by around 5.7m and given the

orientation of sunlight here, may result in some early morning shading across the front of the

neighbouring property. This would not be for any prolonged period, and given the set back

from the flank of the two storey element, the works are unlikely to create any lasting harmful

overbearing, sense of enclosure or loss of light. Along the boundary works would not move

any closer, maintaining a gap of around 3.8m between properties, and although there would

be an increase in height here, the eaves height has been lowered towards the front of the

property, with a staggered height of between 2.5m and 3.2m to reduce the sense of bulk

here. There do not appear to be any openings in the flank adjacent to the area for

development, and as a result the works are not considered to create any harm in this

location.

To the rear, works would sit around 7m from the rear boundary with Cedarwood, which

appears to be a flat roofed bungalow. Given the separation between sites, along with the

orientation of sunlight in this location, the additional bulk and mass is not considered to result

in any harmful sense of enclosure, loss of light, overbearing, or loss of outlook. It appears

that along the shared boundary a garage occupies most of the length of the neighbouring

site and given the absence of any habitable spaces in this location, the works are not

considered to result in any harmful overlooking or loss of privacy here.

Rooms would be of an adequate size and served by outlook, light and ventilation, in

accordance with the aims of policy QD04 of the Thanet Local Plan

Overall, and for the reasons given above, the works are considered to comply with the aims

of policies QD02, QD03 and QD04 of the Thanet Local Plan and the guidance of the NPPF.

Highways

Policy QD02 outlines that new development proposals should incorporate a high degree of

permeability for pedestrians and cyclists and provide safe and satisfactory access for

pedestrians, public transport and other vehicles. Policy TP06 outlines that proposals for

development will be expected to make satisfactory provision for the parking of vehicles.

Suitable levels of provision are considered in relation to individual proposals, taking into

account the type of development proposed, the location, accessibility, availability of

opportunities for public transport, likely accumulation of parking and design considerations.

The works would see an increase in the number of bedrooms across the property from 2 to

3. Currently there is space on site for 2 vehicles in a tandem arrangement. This is no longer

encouraged as often tandem spaces do not adequately serve the needs of residential

properties and can create pressure on parking demand on the street. No additional parking

is proposed, however two spaces would be retained off-street, which is expected for a

property of this size. Should the tandem arrangement not be sufficient, there is unrestricted

on-street parking available and therefore, on balance, the works are not considered to create

any adverse impact on highway safety or parking in the surrounding area.

Conclusion

Page 185

Agenda Item 4g

Overall the works would see an improvement to the host building and create a larger more

modern development in a fairly small plot. Development would not move closer to the

boundaries on either side and the majority of the works would relate to a second floor, with

varying heights and projections that would ensure it did not appear dominating within the

streetscene. This is a varied area with no single architectural style or material finish, and the

works are not considered to cause harm to the character and appearance of the areas as a

result.

The works are also not considered to cause any harm to neighbouring amenity or highway

safety, and therefore would accord with local and national guidance.

In view of the above, this application is recommended for approval.

Case Officer

Vicky Kendell

Page 186

Agenda Item 4g

TITLE: FH/TH/21/0214

Project 13 Berkeley Road BIRCHINGTON Kent CT7 9JR

Page 187

Agenda Item 4g

This page is intentionally left blank

A08 TPO/TH/21/0114

PROPOSAL:

LOCATION:

M/TPO/3(1952)G3 - 1No Norway Maple (T1)- Remove 6m from

cross branch on right side, 1No. Sycamore (T2) - Crown lift by

6m

Land On The South Side Of Alpha Road BIRCHINGTON Kent

WARD: Birchington South

AGENT: No agent

APPLICANT: Mr Steven Powell

RECOMMENDATION: Approve

Subject to the following conditions:

1 This approval is only valid for a period of 24 months from the date hereof. Failure to

carry out any or all of the approved work within this period will make it necessary to submit a

fresh application.

GROUND;

In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation)

(England) Regulation 2012.

2 The works approved by this consent shall not exceed those specified on the

application form. They should be carried out by a competent tree surgeon and in accordance

with British Standard BS 3998: 2010 "Tree Work - Recommendations".

GROUND;

In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation)

(England) Regulation 2012.

SITE, LOCATION AND DESCRIPTION

Alpha Road is a long, predominantly residential, street in Birchington that runs behind the

high street. It is tree lined along most of the length of the road, and finishes with an area of

public open space to the western intersection between Alpha Road and Station Road.

This area of public open space is roughly triangular in shape and covers an approximate

area of 0.14 hectares. It is referred to as 'Dog Acre' and is situated between residential

properties, shops and community buildings to the north, a public car park to the east, and

commercial properties and residential properties to the south and west.

Page 189

Agenda Item 4h

The site contains a number of trees that provide an important physical and visual separation

between built form in this densely populated urban area, and these trees are protected by a

group Tree Preservation order (TPO) (M/TPO/3(1952)G3).

RELEVANT PLANNING HISTORY

None.

PROPOSED DEVELOPMENT

This application seeks permission to cut back 6m along a cross branch of a Maple and to

crown lift a Sycamore by 6m.

NOTIFICATIONS

A site notice was posted close to the site. No letters of representation have been received.

Birchington Town Council: Supports the application.

CONSULTATIONS

TDC Biodiversity and Horticulture Officer : Grant

T1 tree of good shape and form though has low limb to path (tree is end of central path

towards pelican crossing to library)/T2 this tree is in good shape and form on top of a slightly

raised area on the green towards the junction of Alpha road and Station Road).

Acceptability of Proposal - In view of T1's position on the path this is acceptable. In view of

T2's position to the road this is acceptable.

COMMENTS

This application for works to protected trees is brought to Planning Committee as the

application is made by Thanet District Council.

Principle

The proposed works are to two protected trees. A Tree Preservation Order (TPO) is an order

made by a local planning authority (LPA) to protect specific trees, groups of trees or

woodlands in the interests of amenity. Orders prohibit the cutting down, topping, lopping,

uprooting, wilful damage and wilful destruction of trees contained in the Order without the

LPA's written consent. These prohibited activities are set out in Regulation 16 of the Town

and Country Planning (Tree Preservation) (England) Regulations 2012. As a result there is

no in principle objection to works to a TPO tree, subject to an assessment of the works.

The LPA can choose to grant consent subject to conditions, or to refuse consent for works.

In considering an application, the LPA should assess the impact of the proposal on the

Page 190

Agenda Item 4h

amenity of the area and whether the proposal is justified, having regard to the reasons and

additional information put forward in support of it. The authority must be clear about what

work it will allow and any associated conditions. Should an application for works be refused,

the applicant can appeal to the Secretary of State, and in some circumstances

compensation may be payable by LPA for loss or damage which results from the authority

refusing consent or where consent is granted subject to conditions.

It falls to now be considered subject to an assessment of the details of the proposal, the

impact of the works on the amenity of the area, the health of the trees, and any applicable

living conditions of neighbouring occupiers or members of the public.

Amenity

Trees are important to the character and quality of an area, providing a visual break and

relief from built development. They can lend character, in particular to conservation areas,

and provide many other benefits, including the provision of natural habitats, the

enhancement of health and wellbeing and the improvement of air quality. As such the

retention of trees where possible are always sought.

T1 is a Maple that sits in close proximity to the eastern edge of the area of open space. It is

proposed to remove 6m from the cross branch reaching westwards. The Council's Tree

Officer raises no objections to these works, and considers them appropriate given the

proximity of the tree to a path between Alpha Road and Station Road.

T2 is a Sycamore on a slightly higher land level that has some low hanging branches to the

bottom half of the crown. The works proposed are a 6m crown raise from the ground, with an

inner crown raise of 1.5m. Again, the Council's tree Officer raises no objections based on the

proximity of the tree to the highway, and the works are therefore considered acceptable,

causing no harm to the overall health or amenity value of the trees concerned, and being in

the interests of the maintenance of each.

Conclusion

The works proposed are relatively modest in the context of the crown spread of each tree,

and are not considered to result in any harm to the value of the tree as an individual or part

of a group within the setting of the park or from the street and as such the works are

considered to be acceptable and Officers recommend the application be granted.

Case Officer

Vicky Kendell

Page 191

Agenda Item 4h

TITLE: TPO/TH/21/0114

Project Land On The South Side Of Alpha Road BIRCHINGTON Kent

Page 192

Agenda Item 4h

A09 TPO/TH/21/0231

PROPOSAL:

LOCATION:

TH/TPO/10(2003) - 1No Sycamore -Take the 2 main leading

inner trunks down by 15m , add a drain 4-5m high on the left

hand side, 20% crown reduction

20 Chapman Fields RAMSGATE Kent CT12 5LB

WARD: Cliffsend And Pegwell

AGENT: No agent

APPLICANT: Ms Corinna Huxley

RECOMMENDATION: Approve

Subject to the following conditions:

1 This approval is only valid for a period of 24 months from the date hereof. Failure to

carry out any or all of the approved work within this period will make it necessary to submit a

fresh application.

GROUND;

In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation)

(England) Regulation 2012.

2 The works approved by this consent shall not exceed those specified on the

application form. They should be carried out by a competent tree surgeon and in accordance

with British Standard BS 3998: 2010 "Tree Work - Recommendations".

GROUND;

In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation)

(England) Regulation 2012.

SITE, LOCATION AND DESCRIPTION

Chapman's Fields is a cul-de-sac located off Cliffsend Road in Cliffsend, Ramsgate. The

front garden of the property is located at the end of the road, with a prominent sycamore

situated centrally within the front lawn.

RELEVANT PLANNING HISTORY

None.

PROPOSED DEVELOPMENT

Page 193

Agenda Item 4i

This application seeks permission to cut back two main inner trunks by 15metres, add a

drain to reduce the moisture in the cavity, and make a 20% crown reduction to the remaining

canopy. This has been stated in the application to remove a safety risk posed by the current

condition of the tree.

NOTIFICATIONS

A site notice was posted close to the site. No letters of representation have been received.

CONSULTATIONS

TDC Biodiversity and Horticulture Officer : Grant. This work is the best approach and

should increase the trees longevity whilst addressing the clear dieback issues in the inner

main leaders.

COMMENTS

This application for works to protected trees is brought to Planning Committee as the

applicant is a member of the Council.

Principle

The proposed works are to one protected trees. A Tree Preservation Order (TPO) is an

order made by a local planning authority (LPA) to protect specific trees, groups of trees or

woodlands in the interests of amenity. Orders prohibit the cutting down, topping, lopping,

uprooting, wilful damage and wilful destruction of trees contained in the Order without the

LPA's written consent. These prohibited activities are set out in Regulation 16 of the Town

and Country Planning (Tree Preservation) (England) Regulations 2012. As a result there is

no in principle objection to works to a TPO tree, subject to an assessment of the works.

The LPA can choose to grant consent subject to conditions, or to refuse consent for works.

In considering an application, the LPA should assess the impact of the proposal on the

amenity of the area and whether the proposal is justified, having regard to the reasons and

additional information put forward in support of it. The authority must be clear about what

work it will allow and any associated conditions. Should an application for works be refused,

the applicant can appeal to the Secretary of State, and in some circumstances

compensation may be payable by LPA for loss or damage which results from the authority

refusing consent or where consent is granted subject to conditions.

It falls to now be considered subject to an assessment of the details of the proposal, the

impact of the works on the amenity of the area, the health of the trees, and any applicable

living conditions of neighbouring occupiers or members of the public.

Amenity

Trees are important to the character and quality of an area, providing a visual break and

relief from built development. They can lend character, in particular to conservation areas,

Page 194

Agenda Item 4i

and provide many other benefits, including the provision of natural habitats, the

enhancement of health and wellbeing and the improvement of air quality. As such the

retention of trees where possible are always sought.

The protected tree is a Sycamore located prominently in the front garden of no.20

Chapman's Fields. The Council's Tree Officer and the application submission has stated that

the tree is in decline, within dieback and drainage issues resulting in safety concerns.

The Council's tree Officer raises no objections to the works on the basis that they will

increase the longevity of the tree, whilst the 20% crown reduction will help to preserve a

good shape and form following removal of the two inner limbs. Whilst the works will alter the

contribution that the tree provided to the amenity of the area, the works are considered

necessary to secure the long-term future of the Sycamore.

Conclusion

The works proposed are required to alleviate the potential safety issues from the condition of

the tree, plus there will increase the longevity of the tree, thereby forming an appropriate

balance between the health and arboricultural management of the tree and the impact of the

work on the amenity of the area. As such the works are considered to be acceptable and

Officers recommend the application be granted.

Case Officer

Zoe Dobson

Page 195

Agenda Item 4i

TITLE: TPO/TH/21/0231

Project 20 Chapman Fields RAMSGATE Kent CT12 5LB

Page 196

Agenda Item 4i

A10 F/TH/20/1418

PROPOSAL:

LOCATION:

Creation of new vehicular accesses onto George Hill Road

(entrances 1, 2 and 4) and widening of existing vehicular

access by 4m (entrance 3)

Entrances 1,2,3 And 4 East Northdown Garden And Business

Centre, East Northdown, George Hill Road. Margate Kent

WARD: Cliftonville East

AGENT: No agent

APPLICANT: Mr William Friend

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted

application as amended by the revised plan numbered 27 Rev A, received 25 March 2021;

and the amended plans numbered 20.029-16a, and 20.029-22a, received 18 December

2020

GROUND;

To secure the proper development of the area.

3 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.

4 The development hereby approved shall incorporate a bound surface material for the

first 5 metres of the access from the edge of the highway.

GROUND

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

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Agenda Item 4j

5 Prior to the construction of the accesses hereby approved visibility splays of 2 metres

by 2 metres behind the footway on both sides of the 0.6m access with no obstructions over

above footway level shall be provided and thereafter maintained.

GROUND

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

6 Prior to the construction of the accesses hereby approved visibility splays of . shall

be provided to the access on to George Hill Road as shown on the approved plan no

20.029-22a with no obstructions over one metre 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.

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 first 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 and to adequately integrate the

development into the environment in accordance with Policies QD02 and GI04 of the Thanet

Local Plan

SITE, LOCATION AND DESCRIPTION

The northern part of the site is located within the urban confines, within the conservation

area. The southern part of the site is located within the green wedge and countryside. The

northern part of the site has a hedge running along the boundary edge. The southern part of

the site also has a hedge running along the boundary, although in places the hedge is

setback from the road. The existing access is setback with low metal gates, and gravel

surfacing.

RELEVANT PLANNING HISTORY

F/TH/14/0759 - Creation of new accesses onto George Hill Road to facilitate tractor crossing

- Granted - 27th January 2015.

PROPOSED DEVELOPMENT

The proposal is for the creation of three new vehicular entrances off George Hill Road, and

the widening of an existing vehicular access.

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Entrance 1 is for a new 10m wide dropped kerb with access into the nursery area, providing

a tractor crossing from the fields. Gates (6m x 1.8m) will be provided in a setback location to

allow for the pull in of the tractor. Hedgerow will need to be removed in order to achieve

adequate visibility splays, but new hedging is proposed to be planted outside of the splays.

The hard surfaced area will be crushed stone or similar.

Entrance 2 is to be located almost opposite entrance 1 in order to create a direct access

point between the nursery and the fields for a vehicular crossing. A new 10m wide dropped

kerb is proposed with two pairs of 6m wide vehicular gates setback from the road by

approximately 10m. A further 3m wide gate is proposed closer to the highway. All of the

gates will be 1.2m in height. In between the gates planting is proposed, and grassed areas

are proposed either side of the access from the road. The hard surfaced area will be crushed

stone or similar.

Entrance 3 is an existing access that is being widened by 4m.

Entrance 4 is the creation of a new 10m wide access onto the fields, and is required for the

loading of seed and fertilizer, and for cultivation and harvesting vehicles. The hard surfaced

area will be crushed stone or similar.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan Policies (2020)

QD02 - Design

HE02 - Conservation Area

SP25 - Green wedge

NOTIFICATIONS

A site notice has been posted and neighbouring occupiers notified. Three letters of objection

and 18 letters of support have been received.

The main concerns are:

Impact on green wedge,

Highway safety,

Impact on wildlife,

Impact on nearby listed buildings and conservation area,

Loss of hedgerow.

In support of the application the following comments have been made:

Will improve provisions at the farm,

Good opportunity for small units,

This is a re-application of previously approved access points,

Improve public safety and reduce the potential of a road traffic collision,

Improvement of access points useful for larger vehicles accessing the site,

It will reduce traffic that uses the old farm road and improve road safety,

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Agenda Item 4j

Proposal retains green infrastructure.

CONSULTATIONS

KCC Highways - I refer to the above planning application and confirm I have no objection in

respect of highway matters. I note that two of the proposed entrances have been amended

from those previously approved, but the revised positions are acceptable, subject to

safeguarding conditions.

COMMENTS

The application has been called to planning committee by Cllr Towning to allow members to

consider the acceptability of the access on the grounds that 'since the original consent for

accesses was first granted the applicant has submitted further application for industrial uses

and units which will change the use of the accesses'.

Transportation

The proposal is to provide three new 10m wide vehicular accesses onto George Hill Road,

and widen an existing access by a further 4m.

All of the accesses are setback, and provided with the necessary visibility splays.

KCC Highways has been consulted and advises that they have no objection in respect of

highway matters. Whilst the proposed access are in a slightly revised location when

compared to the previously approved scheme, the revised locations remain acceptable

subject to safeguarding conditions that require bound surface materials, and

visibility/pedestrian visibility splays, as shown on the approved plans.

The proposed development will therefore achieve a safe and suitable access to the site, in

accordance with paragraph 108 of the NPPF.

The impact upon highway safety is therefore considered to be acceptable.

Character and Appearance

The proposal is to create three new vehicular access points into the site, one of which is to

the north, and the other two are to the south, along with the widening of the existing access.

There will be no visual impact caused through the widening of entrance 3, which is solely for

the widening of the dropped kerb by 4m, with no change to the entrance appearance.

Proposed entrance 1 is to the north, within the urban area. A detailed plan design for the

entrance has been submitted. It shows the removal of hedgerow and the provision of a new

gate that is setback from the road by 8m. The gate is 6m wide and 1.8m high, and of a metal

design. Timber fencing of 1.8m in height attaches to the gate in a splayed design. New

planting is proposed in front of the fencing, and the hard surfacing of the area in front of the

gate will be crushed stone or similar. A design similar to this has been previously approved.

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Agenda Item 4j

Given its urban location, the height of the fence and gate are deemed acceptable, and given

the presence of the planting to the front of the fence, this will soften the appearance of the

new fencing. Grass is proposed either side of the access in front of the planting areas, which

will soften the appearance further.

Proposed entrance 2 is indirectly opposite proposed entrance 1. It is intended to provide a

10m wide dropped kerb, with a pair of vehicular gates setback by 10.8m from the kerbside.

The hard surfaced area will be crushed stone or similar. A further 3m wide gate is provided

2m setback from the road. Elevation plans have been submitted showing that the gates will

be 1.2m high field gates, which are metal and quite open in appearance, similar to the

existing gates at entrance 3.

Proposed entrance 4 is located opposite Botany Road. The proposed works within the red

line on the plan are for the dropping of the kerb, with hard surfacing to match the crushed

stone or similar material used on the other accesses. The site plan for the overall proposal

indicates that gates may be erected further into the site, but these works are not included

within the application site. If further gates/fences were to be erected in the future, then they

may be considered as permitted development, particularly if not exceeding a height of one

metre.

Whilst the proposed works will have some visual impact through the loss of hedgerow and

the hard surfacing of areas that are currently soft landscaped, there will be minimal impact

given the low level height of the proposed fences/gates, and the retention of, and proposed,

soft landscaping that will soften the appearance. In terms of the hard surfacing, crushed

stone or similar is proposed, which is characteristic of a rural setting, and in keeping with the

agricultural use.

The proposed accesses are a minimum of 80m from East Northdown Cottage, the nearest

listed building, but there is significant landscaping and boundary treatments between the

proposed development and all listed buildings in the vicinity, and given the low level nature

of the proposed development there is considered to be no impact upon the setting of

designated heritage assets.

Whilst there will be some loss of hedgerow and soft landscaping, the impact on biodiversity

is considered to be minimal given the scale of the proposal and the intent to provide new

planting.

Whilst some of the works are located on the edge of the green wedge, they will not result in

the loss of open space and will provide low level development that appears in keeping with

the agricultural use of the site.

The accesses are provided in connection with the agricultural business and to improve

connectivity between the agricultural fields and the nursery. The proposed development will

relate to surrounding development and respect the character of the surrounding area, and

given the materials to be used and the agricultural design of the fencing, the impact upon the

conservation area and green wedge is considered to be acceptable, and in accordance with

Policies QD02, HE02 and SP25 of the Thanet Local Plan.

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Agenda Item 4j

Living Conditions

There is a significant distance to the nearest neighbouring occupiers, and as such the

provision of the new vehicular accesses will have limited impact in terms of noise and

disturbance for neighbouring properties. The accesses provide direct access between the

farm and the field, and therefore the accesses are only likely to be used during daytime

hours when access to the farm is required.

The impact upon neighbouring amenity is therefore considered to be acceptable and in

accordance with Policy QD02 of the Thanet Local Plan.

Conclusion

The proposed development will provide a safe and suitable access, with only limited visual

impact, and therefore it is recommended that Members approve the application subject to

safeguarding conditions.

Case Officer

Emma Fibbens

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Agenda Item 4j

TITLE: F/TH/20/1418

Project Entrances 1,2,3 And 4 East Northdown Garden And Business Centre, East

Northdown, George Hill Road. Margate Kent

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A11 FH/TH/21/0199

PROPOSAL:

LOCATION:

Erection of a two storey rear extension, first floor front

extension, front porch extension and external render

21 Seacroft Road BROADSTAIRS Kent CT10 1TL

WARD: Viking

AGENT: Mr Tony Michael

APPLICANT: Lucy Keel

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

GROUND:

In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by

Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted

application as amended by the revised drawings numbered SR 07 C, SR 03 C and SR 05 C,

received 28 April 2021.

GROUND;

To secure the proper development of the area.

3 The external materials and external finishes to be used in the development hereby

approved shall be natural slate roof tiles, white painted render with vertical detailing to first

floor, white timber/composite cladding to ground floor, black composite/aluminium windows

and doors, stone cladding to middle porch area, garage surround and porch columns, as

shown on amended drawing numbered SR05C, received 28 April 2021, and as confirmed by

the Applicant's Agent in correspondence received 28 April 2021.

GROUND:

In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

INFORMATIVES

Please be aware that obtaining planning permission and complying with building regulations

are separate matters - please contact building control on 01843 577522 for advice on

building regulations

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Agenda Item 4k

SITE, LOCATION AND DESCRIPTION

The application site is a detached dwelling fronting Seacroft Road adjacent to a public

footpath and is located within the urban confines of Broadstairs in a wholly residential area.

Properties in Seacroft Road are substantial sized dwellings with a variety of architectural

styles, and on the southern side are mostly set back from the highway in a staggered

formation, with low level boundary walls or landscaped to the front boundary.

PLANNING HISTORY

F/TH/91/0625 - Erection of a first floor side extension with balcony area GTD 23 August

1991

PROPOSED DEVELOPMENT

The application seeks planning permission for the erection of a part single and part two

storey rear extension following removal of the existing single storey extension, erection of a

first floor extension to the front following removal of the existing balcony and erection of a

pitched roof open porch extension. It is also proposed to add stone cladding detail to the

front elevation, with white timber effect horizontal cladding to the lower elevations of the

main property and extension and white painted render and vertical boarding detail to the first

floor.

PLANNING POLICIES

Thanet Local Plan 2020

QD02 - General Design Principles

QD03 - Living Conditions

CC04 - Renewable Energy

Draft Broadstairs and St Peter's Neighbourhood Development Plan

Policy BSP9: Design in Broadstairs & St Peters

NOTIFICATIONS

Neighbours have been notified and a site notice posted.

Original Proposal

Objections (5 representations):

Nos 15,17,19 & 21 are all staggered to allow each resident privacy close to the rear

of their

respective property. Whilst an extension to number 15 was approved a few years ago

our privacy has not been compromised due to a garage in between.

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Agenda Item 4k

The proposed extension will affect our privacy and also lead to some overlooking in

the rear garden.

Loss of light to conservatory

The second hatched line drawn across from No 21 is to our flat roofed single storey

garage and not the house itself.

Over developed in proportion to the adjacent properties.

Will not enhance the character or appearance of the surrounding area particularly in

terms of its scale.

Will alter the aspect of openness by overdevelopment on the site.

No 21 is already more than adequate in size

It would put 19 Seacroft Rd into something resembling a dark tunnel, from a southern

view, and considerably reduce 23 Seacroft Rd's ability to receive sunlight for its

energy capturing roof panels - something all responsible governments have

encouraged us to have.

The plans do not show our garage and sun lounge.

Significant overbearing impact by a large brick wall and the loss of outlook from our

sun lounge.

Impact on solar panels - loss of sunlight from shading from the two storey extension

The extension will increase the footprint by at least another 30% to 50%. The

buildings lines to the rear of all the properties are staggered to keep privacy. This will

destroy the original designs.

Contrary to Policy BSP9 of the Broadstairs & St Peters Neighbourhood Plan, which

states that extensions and alterations should take into account neighbouring

properties privacy, outlook and right to a continuing level of good light.

No plans for additional parking for this even larger house, as there are problems with

parking through the year with visitors and holiday makers.

Contravenes the Broadstairs & St Peter's Neighbourhood Plan Policy BS)9 - privacy,

outlooks and rights to levels of natural light.

Will decrease the savings made to us from our green technology solar panels and

lower the feed into the National Grid.

21 Seacroft Road has already had a large extension built which doubled the size of

the original building.

Drawing shows large dressing rooms - we would say they would be bedrooms -

avoiding increasing the rateable value

Seven bedroomed house - leading to possible business or air bnb lettings

Concerned this could become a business adventure as it's occupied by one adult

and one child

One car drive - where are the other size cars going to park

Visitor and holiday makers parking is bad now

One single storey rear extension would greatly decrease any objections to the

proposal.

Loss of natural light to my kitchen

There is a window facing south into my rear garden

Loss of light to window on west and glass panelled side door

My bathroom window will be deprived of natural light

Overly dominant

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Agenda Item 4k

Strong sense of enclosure

Overlooking and loss of privacy in my back garden where I have a swimming pool

In 1991 a large double bedroom and balcony over an existing garage was allowed.

Support (2 representations):

We consider the improvement proposed to the front of the old property will enhance

the area and local scene for the benefit of all.

The proposed rear extension will have no impact on our property (No 15).

The development looks really good to me and I can only see it enhancing the

property and area.

Amended Proposal

Objections (4 representations):

Still feel it would have overbearing impact on my property.

The 'staggering' of Nos 15,17,19 and 21 allows the safe extraction of gas fumes into

the open space but the extension will create a 'passageway' which could allow fumes

to accumulate outside my backdoor.

The reduction of only approximately half a metre to the proposed extension will have

little beneficial affect on the natural light to my bathroom and toilet.

The ground floor remains large, intrusive and overbearing approximately 2 metres

from my side kitchen window.

Concerns regarding the 2 flat roofs which could be used as balcony overlooking my

garden.

The amended proposal remains contrary to Policy BSP9 of the Broadstairs & St

Peters Neighbourhood Plan and strongly believe that permission should be refused.

The alterations have not addressed concerns raised in our earlier objection

Number 21 occupies a plot at the highest point of Seacroft Road (which rises from

the junction with South Cliff Parade). As such, despite the proposed alterations to the

original plan, the very large first floor extension will still be obtrusive due to its size

and will still dominate the neighbouring properties. It should also be borne in mind the

substantial increase to the property approved in 1991.

Our earlier comments still stand and we feel this application should be declined.

The height of the first floor will shadow our solar panels also explained in our first

objection.

We have no concerns with a ground floor extension which will still make it an over

developed property.

Parking concerns have not been addressed.

Loss of sea views.

CONSULTEES

Broadstairs & St Peter's Town Council - The Planning Committee of the Town Council

has considered this application and resolved unanimously to recommend REFUSAL with the

following concerns: Overdevelopment, out of keeping with the street scene, loss of light to

neighbours, overshadowing and overbearing.

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Agenda Item 4k

COMMENTS

This application is brought before members at the request of Councillor Bailey to allow

members to consider the impact of the proposal on:

Over development

Close to adjoining properties.

Out of character with the area (proposed building materials / finish)

Loss of light or overshadowing.

Overlooking / loss of privacy.

Loss of Visual amenity

The main consideration for Members to assess is the impact of the development on the

character and appearance of the area and impact on neighbouring amenity.

Character and Appearance

The area is predominantly characterised by two storey dwellings fronting Seacroft Road. To

the front elevation, at first floor level, it is proposed to erect a pitched roof extension to

enlarge Bedroom 1 and this would replace a 3 metre deep balcony. At ground floor level it is

proposed to erect a pitched roof open porch. The upright supports and roof overhang would

project approximately 0.8 metres forward of the front elevation of the dwelling. It is proposed

to finish the front elevation with horizontal timber effect cladding at ground floor level and this

detailing would be continued to the side and rear. The front entrance elevation would have a

section of white stone cladding that would be extended around the garage surround. The

first floor gable ends would be finished with white painted render with vertical boarding

detailing. This detailing would be continued to part of the side elevation facing the public

footpath.

The application, as originally submitted, showed a 5 metre deep two storey extension

running across the entire width of the property. Following concerns the proposal has been

amended and the rear extension reduced in scale. It is now proposed to erect a 4.5 metre

deep extension across the rear that has been set in approximately 1.5 metres on both sides

at first floor level. The roof of the amended extension is shown with a double pitched roof

with valley which allows the overall height of the roof to be kept to a minimum.

With regards to the character and appearance of the area the alterations to the front

elevation would remove the somewhat severe high level red brick side wall of the balcony

and replace this with a gabled ended extension that would respect the gable end design

feature of the main dwelling. The addition of cladding and render detailing and white stone

cladding would add visual interest to the property in a street where there are a variety of

finishes used. The proposed alterations to the front elevation are not considered to be

detrimental to the character and appearance of the area.

Concern was raised over the original scheme as it would have resulted in a dwelling of

substantial depth and bulk, with an approximately 13 metre length of wall, at two storey

height, alongside the public footpath. This elevation is visible from the public realm above

the roof of the neighbouring bungalow to the north-west. Following these concerns, and

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Agenda Item 4k

related concerns regarding the impact on neighbouring residential amenity, the proposal has

been amended to set the first floor element approximately 1.5 metres away from the

boundary with the public footpath. The ground floor extension would be single storey in

height alongside the boundary and would be partially visible above the high level fence. It is

considered that the extension, in its amended form, would break up this expanse of flank

wall to the boundary and the inset would reduce the overall bulk of the extension and provide

visual relief to the boundary. Whilst the extension would still be visible from the public realm

it would be seen in relation to the main dwelling and it would not appear unduly prominent

from views within Seacroft Road.

Thanet Local Plan policy QD02 relates to general design principles and supports

development that relates to surrounding development, is well designed, respects and

enhances the character of the area paying particular attention to context and identity of its

location, scale, massing, rhythm, density, layout and use of materials appropriate to the

locality. The development itself must be compatible with neighbouring buildings and spaces

and be inclusive in its design for all users. This policy is supported by paragraph 127 of the

NPPF which states that decisions should ensure that development will function well and add

to the overall quality of the area, and paragraph 130 which states that permission should be

refused for development of poor design that fails to take the opportunities available for

improving the character and quality of an area and the way it functions. Consideration

therefore needs to be given as to whether the scale and design of the extension would fail to

respect the main dwelling, or be out of keeping or harmful to the character and appearance

of the area in terms of its relationship with neighbouring buildings and spaces in line with the

aims of the above policies.

The proposal would result in a fairly large extension to the rear elevation however the

property itself is a substantial property where large extensions such as this would be seen in

relation to the existing building and can be seen on other properties in the vicinity. It is

considered that the proposal, in its amended form, would respect the main dwelling and

would not appear unduly out of keeping within the streetscene, meeting the requirements of

Thanet Local Plan Policy QD02, Policy BSP9 of the Broadstairs and St Peter's

Neighbourhood Development Plan and the NPPF.

Living Conditions

Concerns have been raised that the extension is too large and will have an overbearing

impact on neighbouring occupiers. In particular there is concern that the extension would

result in loss of light and outlook and the windows would result in overlooking and loss of

privacy.

The alterations to the front elevation would front the public highway and there are no

windows proposed within the side elevation, facing the public footpath and No 23, and would

not result in overlooking or loss of privacy.

The windows within the first floor would serve a bedroom, dressing room and en-suite and

would not create additional overlooking above that which already exists. The windows at

ground floor level would replace similar full length glazing across the rear of the property.

The proposed extension would bring the windows further into the rear garden however the

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Agenda Item 4k

new windows would have a similar relationship to neighbouring residential occupiers to

existing windows within the property where there is potential for mutual overlooking between

rear gardens.

The originally submitted plans included a two storey extension close to the boundary with the

public footpath and the neighbouring property. No 23 is a bungalow and its footprint

orientates the rear elevation towards the side boundary. It was considered that the two

storey extension would be in close proximity to this property and would result in a loss of

outlook to this neighbour. Following these concerns the proposal has been amended and

the first floor element has been set in approximately 1.5 metres away from the boundary.

The ground floor extension would extend to the side boundary with the public footpath but it

would not rise significantly above the height of the high level boundary fence and would

have limited impact on No 23 in terms of outlook or unacceptable loss of light. The amended

proposal shows the first floor extension set approximately 6 metres away at its nearest point

and is not considered to result in unacceptable loss of amenity to occupiers of this dwelling.

The ground floor extension would project from the rear of the dwelling and retain the same

distance from the common boundary with No 19 as the existing dwelling. The extension

would be single storey with a height of approximately 3 metres and the first floor extension

would have a finished height to eaves of approximately 5 metres with the roofslope pitching

away from the boundary. Whilst there may be some loss of light and outlook from the

neighbouring property it is considered given the separation distance together with the design

of the extension, which steps the first floor element further away from the boundary, there

would not be unacceptable loss of light or sense of enclosure resulting to occupiers of this

neighbouring dwelling at no.19.

Given the above it is considered that the proposed development would not result in

significant adverse impacts to the living conditions of neighbouring property occupiers in

terms of sense of enclosure, loss of outlook or loss of privacy, and the proposal would

therefore be in accordance with Policy QD03 of the Thanet Local Plan and Policy BSP9 of

the Broadstairs and St Peter's Neighbourhood Development Plan and the NPPF.

Solar Panels

Concern has been raised that the extension would adversely impact upon the efficiency of

the solar panels on the adjoining property (No 23). The solar panels are located on the rear

roofslope and the roofslope facing towards the side boundary with the public footpath and

the application site. The presence of the solar panels on the neighbouring property are a

material consideration in assessing the proposed development. Thanet Local Plan policy

CC04 relates to renewable energy in which the Council seeks to encourage renewable

energy installations and the aims of this policy are supported through chapter 14 of the

NPPF. The first floor extension, as originally proposed, resulted in a substantial length of

wall alongside the side boundary, however, the amended drawing now shows the first floor

extension set approximately 1.5 metres away from the western boundary. Whilst the

proposed extensions may result in some reduction in natural light reaching these solar

panels it is considered given the presence of the existing dwelling, the separation distance of

the proposed extension and the solar panels of between 10 and 15 metres together with the

design of the extension, which includes a double pitched roof that pitches away from the

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Agenda Item 4k

boundary, the proposed development would be unlikely to adversely impact upon the

operation of the solar panels to substantive reduce its contribution to renewable energy

generation or significantly impact on the amenity of adjacent occupiers.

Highway Safety

The proposal maintains the current level of off-street parking and access from the highway

remains unchanged. The impact upon highway safety is therefore considered to be

acceptable.

Other Matters

Gas fumes - Concerns have been raised regarding the safe dispersal of gas fumes. The

proposed extensions would be located within the curtilage of the application site and set

away from the side boundary. Landscaping such as trees and hedges could be planted

within the site along the side boundary having a similar screening impact on the open space.

I am satisfied that the proposed extensions would be set away from the neighbouring

property sufficiently to avoid an impact from any domestic extraction flues.

Conclusion

The proposed development is considered to be acceptable in terms of the character and

appearance of the area and the living conditions of surrounding neighbouring residential

occupiers. The proposed development therefore accords with Policies QD02 and QD03 of

the Thanet Local Plan and Policy BSP9 of the Broadstairs and St Peter's Neighbourhood

Development Plan and the NPPF. It is therefore recommended that Members approve the

application.

Case Officer

Rosemary Bullivant

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Agenda Item 4k

TITLE: FH/TH/21/0199

Project 21 Seacroft Road BROADSTAIRS Kent CT10 1TL

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Agenda Item 4k

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R12 FH/TH/20/1474

PROPOSAL:

LOCATION:

Erection of two storey front and side extension following

demolition of existing single storey side extension, together with

erection of a replacement porch with a canopy/flat roof over and

alterations to materials and fenestration

23 Windermere Avenue RAMSGATE Kent CT11 0PL

WARD: Nethercourt

AGENT: Mr David Dorman

APPLICANT: Mr & Mrs T Payne

RECOMMENDATION: Refuse Permission

For the following reasons:

1 The proposed two storey front and side extension, together with alterations to the

material palette of the host building, would by virtue the extension's width, forward

projection, scale, location, and material finish, result in a dominant development, at odds

with the overall pattern and rhythm of development in the area, significantly harmful to the

established character and appearance of the area and contrary to the aims of policy QD02 of

the Thanet Local Plan and paragraph 127 of the National Planning Policy Framework.

SITE, LOCATION AND DESCRIPTION

Windermere Avenue is a long residential street at the top of the Nethercourt Estate in

Ramsgate. To the north of the street properties are typically arranged in semi-detached

pairs, two storeys in height, with some bungalows or chalet bungalows interspersed. The

southern part of the street is broken into blocks and punctuated by roads running

southwards towards Canterbury Road East. Each of these blocks fronting Windermere

Avenue have different characters and scales of properties, from two storey to the east and

west, with clustered blocks of chalet bungalows in between.

The application site is a semi-detached chalet bungalow located on the corner of

Windermere Avenue and Thirlmere Avenue. The block to which the application site belongs

consists of four pairs of chalet bungalows, with the first and last pair set back from the main

building line of the middle two. Number 23 is a brick building with a flat roof side addition set

back from the entrance, with a uPVC porch and front and rear dormers clad in tile hanging.

To the front and sides of the property there exists a low boundary wall and grassed areas.

Parts of its side and rear are visible from Windermere Avenue and Thirlmere Avenue.

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Agenda Item 4l

RELEVANT PLANNING HISTORY

None.

PROPOSED DEVELOPMENT

This application seeks planning permission for the erection of two storey side extension

following demolition of the existing single storey side, together with the erection of a single

storey front extension to enlarge the entrance porch, and alterations to materials and

fenestration.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan Policies 2020

SP35 - Quality Development

QD01 - Sustainable Development

QD02 - General Design Principles

QD03 - Living Conditions

QD04 - Technical Standards

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice posted close to the

site. No representations have been received.

Ramsgate Town Council: No comment.

CONSULTATIONS

None.

COMMENTS

This application is reported to Planning Committee at the request of Councillor Ovenden in

order for Members to consider the benefits of the proposal.

Principle

The proposal relates to an existing residential dwelling and there is no in principle objection

to its extension or alteration.

The main considerations are the impact on the character and appearance of the surrounding

area, the living conditions of neighbouring occupiers and highway safety.

Character and Appearance

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Paragraph 127 of the National Planning Policy Framework (NPPF) states decisions should

ensure that developments will function well and add to the overall quality of the area, are

visually attractive as a result of good architecture, layout and appropriate and effective

landscaping, sympathetic to local character and history, establish or maintain a strong sense

of place, and optimise the potential of the site to accommodate and sustain an appropriate

amount and mix of development and create places that are safe, inclusive and accessible.

Policy QD02 of the Thanet Local Plan outlines that the primary aim of new development is to

promote or reinforce local character and provide high quality and inclusive design that is

sustainable in all other respects. Proposals should therefore relate to surrounding

development, form and layout, be well designed, pay particular attention to context and

identity of location, scale, massing, rhythm, density, layout and materials, and be compatible

with neighbouring buildings and spaces.

The proposed two storey front and side extension would replace the existing single storey

element to the eastern flank and would sit forward of the front building. It would project

forward by 1.4m and sit in line with the rear of the property. It would have a side projection of

around 5.3m and have a front facing gable addressing Windermere Avenue. Modern

openings would be fitted into the gable and the top would be finished in black cladding, with

render to the ground floor. Originally this material finish was proposed around the entire

extension, however amended plans were received proposing brickwork to the side and rear

elevations.

This development would create a partial two storey element, significantly raising the eaves

on the eastern flank and introducing a two storey development to the southern side of the

street where the predominant character along this block and part is pairs of chalet

bungalows with matching front and rear dormers.

Whilst it is acknowledged that there is some variety within the street more broadly, the

blocks on the southern side of Windermere Avenue have properties of similar scales and

finishes, with a strong pattern of side facing gables, lower eaves heights, and layouts. The

pattern of built form here is very similar and the proposed extension would therefore be a

significant departure from the established pattern and scale of development here. It would

neither relate to the other chalet bungalows in this part, nor the full two storey dwellings to

the north or on the edges of the southern side of the street. As a result the development

would fail to assimilate with the host building, and be out of keeping with the pattern and

rhythm of development within the area.

During discussions with the applicant's agent, a number of other properties were highlighted

as having a similar character and appearance. In the view of Officers, none of those shown

in the images provided (which are not labelled with address points) have any affinity with the

existing chalet bungalow and the proposed redevelopment of it. They are all two storey

dwellings (save for one bungalow) that share similar characteristics, form the images

available, to neighbouring developments. Officer's attention was drawn specifically to

approved works at No. 37 Windermere Avenue (application reference FH/TH/19/0255) which

again is not considered to be comparable, given that the approved works saw the retention

of the existing eaves height, the dormer in the front roof slope, and appropriate setbacks .

The proposed works here would bring a full two storey addition forward of a chalet

bungalow, significantly changing the roof form in this location, unbalancing the pair to which

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the application property relates, and failing in every respect to be subservient to the host

property or to marry with it. It would effectively double the width of the existing dwelling,

being just over the full width of the host building, and would therefore become a dominant

feature. This, along with the corner position of the property will allow for the full appreciation

of the works and significant amount of new built form proposed, in a fairly uniform part of the

street, and this is considered to be harmful to the character and appearance of the area.

The proposed front extension to the existing porch would project 0.4m further forward than

the existing and be finished in black cladding. It would sit in line with the proposed building

line of the two storey front and side extension, and would be likely to sit roughly in line with

the neighbouring porch, which is a large gable projection from the Given the existing

arrangement, both with the small uPVC porch that currently exists, and the projection and

variation caused by the neighbouring porch, these works are not considered to be

significantly harmful.

Other changes to the front would include the application of render to the ground floor, along

with changes to some existing openings. Most of the properties within the street are finished

in facing brick, with a few of the two storey properties opposite having some render panels to

parts of the front facade. The proposed changes to the front would further exacerbate the

large and dominant appearing two storey addition, and is therefore not considered to marry

well.

A number of windows would be upgraded with dark frames and different forms of opening.

These works of themselves are not considered likely to result in any harm to the character

and appearance of the area, given the more balanced proportions of the frames proposed

when compared with the existing.

Overall, the proposed two storey addition, along with a change in materials, is considered to

result in a dominating form of development, at odds with the overall pattern and rhythm of

development in the area, significantly harmful to the established character and appearance

of the area. Whilst other works may be acceptable in isolation, overall the development

proposed is considered cumulatively to be of poor design and contrary to the aims of policy

QD02 of the Thanet Local Plan and the guidance of the NPPF.

Living Conditions

Paragraph 117 of the NPPF states that planning decisions should promote an effective use

of land in meeting the need for homes and other uses, while safeguarding and improving the

environment and ensuring safe and healthy living conditions. Paragraph 127 states that

decisions should ensure development creates, inclusive and accessible and which promote

health and well-being, with a high standard of amenity for future users. Policy QD02 of the

Thanet Local Plan outlines that new development should be compatible with neighbouring

buildings and spaces, and should be inclusive in its design for all users. It should improve

people's quality of life by creating safe and accessible environments and promote public

safety and security. Policy QD03 outlines that new development must not lead to

unacceptable living conditions through overlooking, noise, vibrations, light pollution,

overshadowing, loss of natural light or a sense of enclosure. New development should be of

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an appropriate size and layout to facilitate comfortable living conditions in accordance with

policy QD04.

The proposed two storey front and side extension would project around 5.3m from the flank

wall and sit 1.4m forward of the main building line. It would be more than 21m from

neighbouring properties to the north, east and south (including No.s 21, 62, and 64

Windermere Avenue, and No. 48 Thirlmere Avenue) and is not expected to result in any

harm as a result. To the west with No. 25 Windermere Avenue, the two storey element

would be set in from the boundary with No. 25 by around 5.5m and behind the proposed

entrance porch. The modest projection and space between properties is likely to prevent any

harmful overbearing, loss of light or sense of enclosure in this location.

The proposed front extension to enlarge the existing porch would see additional built form

project around 0.4m further. This would sit in line roughly with the neighbouring porch, where

there are no obvious openings that would be affected.

The changes to fenestration would largely utilise existing openings. The rear dormer would

see the loss of two windows near to the cheeks/party wall with No. 25, and their replacement

with one centrally located window. This is not considered to materially alter the relationship

with neighbouring property occupiers and the works are considered to be acceptable.

The proposed alterations to materials, given the type of change, would be unlikely to result in

any harm to neighbouring amenity.

In terms of neighbouring amenity therefore, the works are considered to comply with the

aims of policies QD02 and QD03 of the Thanet Local Plan and the guidance of the NPPF.

Highways

Policy QD02 outlines that new development proposals should incorporate a high degree of

permeability for pedestrians and cyclists and provide safe and satisfactory access for

pedestrians, public transport and other vehicles. Policy TP06 outlines that proposals for

development will be expected to make satisfactory provision for the parking of vehicles.

Suitable levels of provision are considered in relation to individual proposals, taking into

account the type of development proposed, the location, accessibility, availability of

opportunities for public transport, likely accumulation of parking and design considerations.

There are no proposed changes to parking arrangements across the site and therefore there

would not be considered to be any adverse impact on highway safety or parking in the

surrounding area. There would remain space to the front of the site for off-street parking.

Conclusion

Overall the works proposed are considered to have a harmful impact on the character and

appearance of the area when viewed cumulatively. The proposed front and side extension,

together with changes to materials, would create an dominant form of development that fails

to respect the established pattern and rhythm of development within this location, and which

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would therefore be contrary to the aims of policy QD02 of the Thanet Local Plan and

paragraphs 127 and 130 of the NPPF. Therefore the application is recommended for refusal.

Case Officer

Vicky Kendell

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Agenda Item 4l

TITLE: FH/TH/20/1474

Project 23 Windermere Avenue RAMSGATE Kent CT11 0PL

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R13 FH/TH/21/0275

PROPOSAL:

LOCATION:

Erection of conservatory to rear

21 Farrar Road BIRCHINGTON Kent CT7 0AQ

WARD: Birchington South

AGENT: Mr Alistair Burgess

APPLICANT: Mr C Molloy

RECOMMENDATION: Approve

Subject to the following conditions:

RECOMMENDATION: Refuse Permission

For the following reasons:

1 The proposed extension, by virtue of its location, height and depth would result in an

overbearing impact and sense of enclosure to 19 Farrar Road, significantly detrimental to the

living conditions of the adjoining residents, contrary to policy QD03 of the Thanet Local Plan

and paragraph 127 of the National Planning Policy Framework.

SITE, LOCATION AND DESCRIPTION

The application site lies within an established residential area in Birchington. The area is

largely characterised by semi-detached (with some terraced properties) set back from the

road with front gardens generally set behind low walls/small hedges and large rear gardens.

The gaps between properties vary, but it is not uncommon for dwellings to cover nearly the

whole of the width of their site with only a couple of metres between plots. 21 Farrar Road is

a two storey semi-detached dwelling located towards the northern end of the road.

RELEVANT PLANNING HISTORY

FH/TH/20/1252 - Erection of conservatory to rear elevation. Refused 13 November 2020 due

to the impact of the development upon the living conditions of the neighbouring property

occupier.

FH/TH/20/0460 - Erection of two storey rear extension. Granted 26 May 2020

FH/TH/17/0232 - Erection of two storey rear extension. Granted 18 May 2017

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PROPOSED DEVELOPMENT

The proposed development is the erection of conservatory to rear elevation.

The proposed development is the same as the development that was refused under

application reference FH/TH/20/1252 in November 2020

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP35 - Quality Development

QD01 - Sustainable Design

QD02 - General Design Principles

QD03 - Living Conditions

TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice was posted close to

the site.

No responses have been received.

Birchington Parish Council - Supports the application

CONSULTATIONS

None received.

COMMENTS

The application has been called into planning committee by Cllr Fellows on the grounds to

consider the impact on neighbouring properties.

Principle

The site comprises an existing dwelling located within the urban confines of Birchington. The

principle of extending an existing dwelling is considered acceptable subject to all other

material considerations.

Character and Appearance

The proposed single storey rear extension would be located on the southern side of the rear

elevation adjacent to the boundary with the adjoined neighbour 19 Farrar Road and extends

from the rear elevation of the existing two storey rear extension. Due to the location and

single storey height of the extension it is considered that it would have limited visibility from

the street scene and would have no significant impact upon the character and appearance of

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the area in line with policy QD02 of the Thanet Local Plan and the National Planning Policy

Framework.

Living Conditions

The proposed conservatory would extend from the rear elevation of the existing two storey

rear extension and measure 2.9m deep, 2.9m wide, 2.2m to the eaves and 3m in total

height. This extension would be located on the boundary with number 19 Farrar Road and in

combination with the existing two storey rear extension would have a total depth of 5.9m

beyond the rear elevation of this neighbouring property. There is a low boundary treatment

between these adjoined properties and given number 19 has a habitable room window

located in close proximity to the boundary with number 21. Due to the location of the

proposed conservatory at the rear of the existing two storey rear extension and on the

boundary with number 19 it would represent a substantial depth of built development within

close proximity to the neighbouring habitable room window which is considered to result in a

significant loss of outlook severely harmful to the living conditions of the occupiers of this

neighbouring dwelling. Whilst the proposed conservatory would be partially glazed this is not

considered to overcome the sense of enclosure to the neighbouring property occupiers.

There would be a separation distance of 11.4m to the rear boundary of the site and 4.9m to

the northern boundary of the site. Given these separation distances the proposed

development is not considered to result in any significant loss of light or sense of enclosure

to the northern or rear neighbours.

Due to the single storey design of the conservatory it is not considered to result in any

significant opportunity for overlooking to neighbouring dwellings.

In light of the above the proposed development would result in significant harm to the living

amenity to the occupiers of number 19 Farrar Road, contrary to policy QD03 of the Thanet

Local Plan and paragraph 127 of the National Planning Policy Framework.

Transportation

The property does not currently benefit from any off street parking and the proposed

development does not increase the number of bedrooms on the site. Therefore it is

considered that the proposed development would not result in any significant increase in

demand for on street parking or harm to highway safety.

Personal Circumstances

The applicant has indicated that the proposed development was to provide additional space

for disabled family members.

In exercising a function on behalf of a public authority, due regard has been had to the

Public Sector Equality Duty (PSED) contained in the Equality Act 2010. The Act sets out the

relevant protected characteristics which includes disability. Since there is the potential for

this decision to affect persons with a protected characteristic, the Council have had due

regard to the three equality principles set out in Section 149 of the Act and to the rights

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conveyed within the Human Rights Act, in particular Article 8 of the European Convention on

Human Rights which concerns a right to respect for private and family life.

The negative impacts of refusing this application will likely result in the continuation of

current living arrangements which were stated not be ideal for the applicants, or result in the

investigation of alternative means of providing appropriate accommodation. However, having

due regard to this, and to the need to eliminate discrimination and promote equality of

opportunity, it is the Council's view that any adverse impacts of refusing the scheme would

be justified and the decision would be necessary and appropriate, given the harmful effect of

the proposed development on the neighbouring living conditions as identified in this report.

Conclusion

The proposed development is considered to result in significant harm to the living conditions

of the neighbouring property occupier due to the location and depth of the proposed

extension. The Council has previously considered the same plans under application

reference FH/TH/20/1252 and the application was refused for this reason. This previous

decision forms a significant material consideration in the determination of this application.

The need for consistency in decision making has been tested in the courts with two recent

cases being R (Midcounties Co-Operative Limited) v Forest of Dean District Council (2017)

EWHC 2050 and Baroness Cumberlege v Secretary of State for Communities & Local

Government [2017] EWHC 2057. In both of these cases the decision makers failed to

provide clear reasons for departing from their original position and the decisions were

quashed by the High Court.

Given how recently the previous application for the same development was determined, and

that there have been no changes to local or national policy since this decision was made, it

is considered that this material consideration must be given significant weight and there is no

justified reason for departing from this previous position. It is therefore recommended that

the application is refused.

Case Officer

Duncan Fitt

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TITLE: FH/TH/21/0275

Project 21 Farrar Road BIRCHINGTON Kent CT7 0AQ

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