Agenda item

1

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:  To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

2

The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing numbers: A674 01 Rev G, A674 02 Rev C, A674 03 Rev C, A674 04 Rev C, A674 05 Rev C, A674 06 Rev C, A674 07 Rev C, . A674 10, A674 11, A674 15 Rev C, A674 16, A674 019 Rev E, A674 020 Rev E, A674 21, A674 22, A674 23, A674 24, A674 25, 10791-T01 Rev P3, 10791-T05 Rev P2, 10791-T06 Rev P2, 10791-T07 Rev P2, 10791-T08 Rev P3, 1717 03 E, 150806-F-01-01, 150806-F-01-02, 150806-F-02-01, 150806-F-02-02 and House Type Brochure

Reason: For the avoidance of doubt and in the interests of proper planning.

3

No development above foundation level shall take place until details and samples of all materials to be used externally 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.

Reason: To ensure that the appearance of the development is satisfactory and without prejudice to conditions of visual amenity in the locality in accordance with policy BNE1 of the Medway Local Plan 2003.

4

No development above foundation level shall take place until details of measures to minimise the risk of crime, according to the principles and physical security requirements of Crime Prevention through Environmental Design (CPTED) including a timetable for implementation, have been submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented and thereafter retained.

Reason: In the interests of security, crime prevention and community safety and in accordance with policy BNE8 of the Medway Local Plan 2003.

5

No development above foundation level shall take place until full details of all hard and soft landscaping, boundary treatment and any artefacts to be located within external areas, submitted to and approved in writing by the Local Planning Authority. A timetable for the implementation of these details shall also be submitted to and approved in writing by the Local Planning Authority.

Hard landscaping works shall include all paving and external hard surfacing material (including safe surfacing for play equipment). Minor artefacts and structures shall include play equipment, seating, refuse receptacles, planters, tree grilles and any other decorative feature(s). The approved hard landscape details shall be completed in accordance with the approved timetable and thereafter be retained.

Soft landscape works shall include details of planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment and aftercare, schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. All planting, seeding and turfing comprised in the approved scheme of landscaping shall be implemented during the first planting season following occupation of the buildings or completion of the development, whichever is the earlier.  Any trees or plants which within 5 years of planting are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Authority gives written consent to any variation.

The boundary treatment details for the entire site and individual properties shall be provided and shall include a plan indicating the positions, design, materials and type of boundary treatment to be erected. The approved boundary treatment shall be completed in accordance with the approved timetable and thereafter be retained.

Reason: Pursuant to condition 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality and afford residents good levels of amenity in accordance with policies BNE1, BNE2, BNE6 and L4 of the Medway Local Plan 2003.

6

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 the Local Planning Authority for approval in writing prior to the occupation of the development. The landscape management plan shall be carried out as approved.

Reason: Pursuant to condition 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with policies BNE1 and BNE6 of the Medway Local Plan 2003.

7

No development above foundation level shall take place until details of all external lighting, including for open parking courtyard areas, enclosed parking spaces, any individual covered parking area and areas of communal open space, has been submitted to and approved in writing by the Local Planning Authority. The details of the lighting shall include design, the exact position, light intensity and spillage and be illustrated on the associated landscaping plans. The lighting shall be installed in accordance with the approved details prior to the first occupation. The approved lighting shall be retained in accordance with the approved details.

Reason: To ensure a satisfactory external appearance and to ensure the provision of lighting does not result in glare or light overspill to surrounding properties in accordance with policies BNE2 and BNE5 of the Medway Local Plan 2003.

8

Prior to the occupation of any residential unit, a Parking Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The Parking Management Plan shall include details of the allocation of spaces to individual dwellings, visitor parking and reviewing the plan. The Parking Management Plan shall thereafter be implemented in accordance with the approved details prior to first occupation of the development.

Reason: To ensure efficient management of resident and visitor parking within the development to preserve the amenity of existing and future residents in accordance with policies BNE2 and T13 of the Medway Local Plan 2003.

9

Prior to the first occupation of any flat block details of secure, enclosed and covered cycle storage facilities for that flat shall be submitted to and approved in writing by the Local Planning Authority. The approved cycle storage shall thereafter be constructed in accordance with the approved details and made available for use prior to first occupation of the flat block to which it relates and thereafter retained.

Reason: To provide suitable cycle storage facilities in accordance with policy T4 of the Medway Local Plan 2003.

10

Notwithstanding the approved plans, no development above foundation level shall take place until, details of the refuse and recycling storage for apartment blocks A, B and C 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 prior to the occupation of those units and retained thereafter.

Reason: In the interests of amenity in accordance with policy BNE2 of the Medway Local Plan 2003.

11

No development shall take place until detailed reptile, bats, birds, badgers, mitigation strategies and management plans 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.

Reason: To safeguard protected species in accordance with policy BNE37 of the Medway Local Plan 2003.

12

In this Condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs a) and b) below shall have effect until the expiration of 5 years from the date of occupation of the building for its permitted use.

a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority.  Any pruning approved shall be carried out in accordance with British Standard 3998 (Tree Work).

b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the Local Planning Authority.

c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed in any area fenced in accordance with this Condition and the ground levels within those areas shall not be altered, nor shall any excavation be made without the written consent of the Local Planning Authority.

Reason: Pursuant to condition 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with policies BNE1, BNE6, BNE41 and BNE43 of the Medway Local Plan 2003.

13

No development shall take place until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include amongst other matters details of: hours of construction working; measures to control noise affecting nearby residents; wheel cleaning/chassis cleaning facilities; dust control measures; 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 Management Plan, unless any variations are otherwise first submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of the amenities of nearby properties and to avoid any irreversible detrimental impacts to human health in accordance with policy BNE2 of the Medway Local Plan 2003.

14

Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 15  to 17 have been complied with.  If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 17 has been complied with in relation to that contamination.

Reason: To ensure that the development is undertaken in a manner which acknowledges interests of amenity and safety in accordance with Policy BNE23 of the Medway Local Plan 2003.

15

A desk top study, investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site.  The scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development.  The desk study, investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced.  The written report shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include:

(i)         a survey of the extent, scale and nature of contamination;

(ii)        an assessment of the potential risks to:

·          human health

·         property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes.

·         adjoining land,

·         groundwaters and surface waters,

·         ecological systems,

·          archeological sites and ancient monuments;

(iii)       an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason: To ensure that the development is undertaken in a manner which acknowledges interests of amenity and safety in accordance with Policy BNE23 of the Medway Local Plan 2003.

16

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and submitted to and approved in writing by the Local Planning Authority prior to commencement of the development.  The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason: To ensure that the development is undertaken in a manner which acknowledges interests of amenity and safety in accordance with Policy BNE23 of the Medway Local Plan 2003.

17

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given not less than two weeks written notification  prior to the commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and submitted to and approved in writing by the Local Planning Authority prior to the bringing into use of the development.

Reason: To ensure that the development is undertaken in a manner which acknowledges interests of amenity and safety in accordance with Policy BNE23 of the Medway Local Plan 2003.

18

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken in accordance with the requirements of condition 15, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 17, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in the approved remediation scheme a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 18 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 18.

Reason: To ensure that the development is undertaken in a manner which acknowledges interests of amenity and safety in accordance with Policy BNE23 of the Medway Local Plan 2003.

19

No development shall take place until a scheme showing details of the disposal of surface water, based on sustainable drainage principles, including details of the design, implementation, maintenance and management of the surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority.

Those details shall include (if applicable):

(i)         a timetable for its implementation, and

(ii)        a management and maintenance plan for the lifetime of the development which 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 scheme throughout its lifetime.

Reason: To manage surface water during and post construction and for the lifetime of the development. 

20

No development shall take place until a drainage strategy detailing the proposed means of foul and surface water disposal and a implementation timetable, has been submitted to and approved in writing  by, the local planning authority in consultation with the sewerage undertaker.  The development shall be carried out in accordance with the approved scheme and timetable.

Reason: To manage foul and surface water for the lifetime of the development. 

 21

No drainage system for the infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there in no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Reason: To protect the underlying ground water from the risk of pollution and in accordance with the requirements of the National Planning Policy Framework.

22

No development shall take place until an Air Quality Assessment, which shall include modelling of the impacts of traffic generated by the development upon the High Street Rainham Air Quality Management Area, has been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of amenity and minimising air pollution in accordance with policy BNE24 of the Medway Local Plan 2003 and paragraph 109 of the NPPF.

23

No development shall take place until an Air Quality Emissions Mitigation Assessment and Statement has been submitted to and approved in writing by the Local Planning Authority. The Assessment and Statement shall be prepared in accordance with the Medway Air Quality Planning Guidance, and shall specify the measures that will be implemented as part of the development to mitigate the air quality impacts identified in the Air Quality Assessment approved under condition 22. The total monetary value of the mitigation to be provided shall be demonstrated to be equivalent to, or greater than, the total damage cost values calculated as part of the Mitigation Assessment. The development shall be implemented entirely in accordance with the measures set out in the approved Mitigation Statement. As a minimum the following air quality mitigation measures shall be provided:

·         All gas fired boilers to meet a minimum standard of <40mgNOx/kWh;

·         1 Electric vehicle charging point per dwelling with dedicated parking or 1 charging point per 10 spaces (unallocated parking);

·         Mitigation in accordance with the Institute of Air Quality Management (IAQM) Guidance on the Assessment of Dust from Demolition and Construction.

Reason: In the interests of amenity and minimising air pollution in accordance with policy BNE24 of the Medway Local Plan 2003.

24

No development above foundation level shall take place until a detailed design for a new footway on the eastern side of Mierscourt Road and pedestrian refuge has been submitted to and approved in writing by the Local Planning Authority. The detailed design for the footway shall include a link to the existing bus stop, and an optional link to the existing footpath south of Oast View. A timetable for the provision of the new footway and pedestrian refuge shall be submitted and approved in writing and thereafter the new footway and pedestrian refuge shall be constructed in accordance with the approved details and timetable.

Reason: To provide an attractive and safe means of pedestrian access in accordance with Policy T3 of the Medway Local Plan 2003.