Agenda item

Peninsula

Outline application with some matters reserved (appearance, landscaping, layout, scale) for construction of two 4-bedroomed semi-detached dwellings with associated access.

Discussion:

The Planning Manager Development Management outlined the planning application and suggested that if the Committee was minded to approved the application, proposed conditions 4, 7, and 8 be amended along with the reasons for conditions 9, 10 and 11.

She drew attention to amendments to the access and parking and trees element of the planning appraisal, details of which were set out of the supplementary agenda advice sheet.

She also advised the Committee that this application was being recommended for approval subject to a Section 106 agreement relating to bird mitigation.

Decision:

Approved subject to:

a)            The applicant entering into a Section 106 agreement for £223.58 per dwelling for Bird Mitigation.

b)            Conditions 1 – 3, 5, 6 and 12 as set out in the report for the reasons stated in the report and conditions 4, 7, 8, 9, 10 and 11 amended as follows:

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

Drawing No. 01.2 Rev A and the site location plan only on drawing number 15/PARS.1/P01 rev E received on 13 March 2017.

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

7          The plans and particulars submitted pursuant to condition 1 above shall include details of how the development will enhance biodiversity.

Reason: To enhance biodiversity in accordance with Paragraph 109 of the NPPF.

8          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 9 to 12 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 5 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.

9          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 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,

•           archaeological 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: Required prior to commencement of development to avoid any irreversible detrimental impact on human health and water courses as a result of the potential mobilising of contamination and in accordance with Policy BNE23 of the Medway Local Plan 2003.

10       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: Required prior to commencement of development to avoid any irreversible detrimental impact on human health and water courses as a result of the potential mobilising of contamination and in accordance with Policy BNE23 of the Medway Local Plan 2003.

11       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: Required prior to commencement of development to avoid any irreversible detrimental impact on human health and water courses as a result of the potential mobilising of contamination and in accordance with Policy BNE23 of the Medway Local Plan 2003.