Agenda item

Planning application - MC/19/0038 - Bardell Terrace, Rochester, Kent ME1 1NG

River

 

Residential - led mixed use development comprising 331 residential units, non-residential floor space comprising 1,894 sqm of Class A1, A2, A3, A5 and D2 floorspace associated car parking (258 car parking spaces and 8 on street spaces) landscaping, engineering works, highway works to the junction of Corporation Street and High Street and alterations to pedestrian crossing - Including demolition of all buildings on site apart from the buildings East of Furrells Road fronting onto the High Street which is proposed to be partially demolished.

Minutes:

Discussion:

 

The Head of Planning outlined the planning application in detail and referred to the supplementary agenda advice sheet which contained amended conditions 2, 4, 5, 6, 7, 10, 11, 12 and 14 and also additional representations received from a Ward Councillor, Councillor Tranter, and the City of Rochester Society. He also corrected the breakdown of the number of dwellings and car parking spaces stated in the report as follows:

 

·         Parcels 3, 4 and 5 would contain 44 on-site parking spaces and 8 relocated spaces, totalling 52 spaces.

·         Parcel 7 would contain 55 flats with a mix of 33 one bedroom flats and 22 two bedroom flats.

·         In total there would be 331 residential units and 258 car parking spaces and 8 relocated spaces.

 

The Head of Planning advised that the proposal had been subject to extensive redesign following consideration of consultation responses. The overall height of the development had been reduced with the removal of a 15 storey tower element and the redistribution of accommodation throughout the site. This had reduced the overbearing appearance on the adjacent buildings. It had also helped reduce the impact of the development on the street scene including the historic townscape of the Star Hill to Sun Pier Conservation Area and the Grade II Listed former County Court Building. 

 

Pedestrian connectivity across Corporation Street, from Rochester towards Chatham, had also been improved as this had been a key driver in discussions with the applicant.

 

Addressing the scheme’s viability, the Head of Planning informed the Committee that the Council’s viability advisor had considered the Viability Assessments submitted by the applicant and had concluded that the scheme was unable to provide 25% developer contribution towards affordable housing. However, it was proposed that affordable housing equating to approximately 10% be provided through provision in Parcel 1.

 

The Head of Planning concluded that the current proposal represented a high quality residential and commercial development that would substantially contribute to the urban regeneration of Corporation Street and provide a key link between historic Rochester and Chatham.

 

The Committee discussed the application and clarification was given in respect the energy efficiency of the scheme. A Member asked if the carbon footprint of the development, and how it could be offset, could be measured. Members generally welcomed the improved, revised proposals and considered that they would improve the vibrancy of the city centre and relieve the pressure to develop green field sites. There was disappointment that the full 25% developer contribution for affordable housing could not be achieved. The Head of Planning assured the Committee that the Council’s viability advisor had critically reviewed the Viability Assessments.

 

Decision:

 

Approved subject to:

 

a)            Further archaeological work being undertaken and submitted and the Head of Planning being granted delegated authority to secure any mitigation measures by condition or additional Section 106 obligation if necessary following the submission of the further archaeological work.

 

b)            The applicant entering into an Agreement under Section 106 of the Town and Country Planning Act to secure:

 

i)          Parcel 1 to be 100% affordable housing.

 

ii)         A contribution of £79,310.91 towards bird disturbance mitigation measures.

 

iii)        Travel plan.

 

iv)        Provision of car club or equivalent financial contribution.

 

v)         S278 agreement to cover off-site highways works, namely:

 

a.         The Star Hill Junction works as shown on drawing number 43370_5501_023 (within the submitted Transport Assessment).

 

b.         The Star Hill roundabout works as shown on drawing number 43370_5501_020 (within the submitted Transport Assessment).

 

c)            Conditions 1, 3, 8, 9, 13 and 15 – 33 as set out in the report for the reasons stated in the report, amended conditions 2, 4 - 7, 10 – 12 and 14, and a new condition 34, as follows:

 

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

 

Drawing numbers 0506 rev P-00 and 0570 Rev P-00 received on 15 January 2019; Drawing numbers 0130 Rev P-03, 0210 Rev P-01, 0221 Rev P-03, 0222 Rev P-04, 0230 Rev P-03, 0240 Rev P-01, 0241 Rev P-01, 0300 Rev P-00, 0301a Rev P-00, 0308 Rev P-02 and 0331 Rev P-03received on 21 May 2019; Drawing numbers 0005 Rev P-02, 0104 Rev P-00, 0201 Rev P-03, 0301 Rev P-03, 0401 Rev P-02, 0420 P-04, 0422 Rev P-04, 0423 Rev P-04 and 0430 Rev P-04 and received on  23 May 2019; Drawing numbers 0002 Rev P-04, 0101 Rev P-02, 0103 Rev P-04, 0320 Rev P-04, 0340 P-03, 0402 Rev P-02 , 0411 Rev P-02, 0412 Rev P-02, 0440 Rev P-02, 0441 Rev P-02 and 0501 Rev P-02 received on 30 May 2019; drawing numbers 102 Rev P-04, 0120 Rev P-04 and 0341 Rev P-04 received on 21 June 2019; and drawing numbers 0202 Rev P-06, 0203 Rev P-05, 0208 Rev P-04, 0209 Rev P-04, 0220 Rev P-04, 0302 Rev P-05, 0303 Rev P-04, 0304 Rev P-04, 0305 Rev P-07, 0306 Rev P-04, 0307 Rev P-03 0321 Rev P-06, 0322 Rev P-06, 0342 Rev P-05, 0403 Rev P-05 0404 Rev P-04, 0421 P-04, 0502 P-03, 0503 Rev P-02, 0504 Rev P-04, 0505 Rev P-02 and 0520 Rev P-04 received on 8 July 2019 and drawing number 0140-P-03 received on 16 July 2019.

 

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

 

4          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 and archaeological works must not take place until conditions 5 to 8 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 8 has been complied with in relation to that contamination.

 

Reason: Required before 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.

 

5          No development shall take place other than archaeological works until an investigation and risk assessment, in addition to any assessment provided with the planning application, has been 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 before 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.

 

6          No development shall take place other than archaeological works until 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 has been prepared and submitted to and approved in writing by the Local Planning Authority. 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 before 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.

 

7          No development shall take place other than development required to enable the remediation process to be implemented and archaeological works until the approved remediation scheme has been carried out in accordance with its terms. 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 before 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       No development shall take place within a phase other than demolition, contamination investigation and remediation works, archaeological works and earthworks until an Air Quality Scheme, which demonstrates how poor air quality from road transport emissions can be mitigated by the installation of a clean air ventilation system for buildings within that phase has been submitted to and approved in writing by the Local Planning Authority. The scheme shall cover all habitable rooms and include details of the design and installation of the clean air ventilation system and, if necessary, air purification equipment. The Air Quality Scheme shall be implemented in accordance with the approved details prior to the occupation of any part of the development to which the phase relates and shall thereafter be retained.

 

Reason: Required prior to commencement of development to ensure no long term detrimental harm to conditions of amenity in accordance with Policies BNE2 and BNE24 of the Medway Local Plan 2003.

 

11       No development shall take place other than demolition, contamination investigation and remediation works, archaeological works and earthworks until an Air Quality Assessment and an Emissions Mitigation Assessment has been submitted to and approved in writing by the Local Planning Authority. The Air Quality Assessment shall include an assessment of air quality at the application site and details of any scheme necessary for the mitigation of poor air quality affecting the residential amenity of this development. The Emissions Mitigation Assessment should 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.  The development shall be implemented in accordance with the approved details prior to the first occupation of any part of the land and shall thereafter be retained.

 

            Reason: Required prior to commencement of development to ensure no long term detrimental harm to conditions of amenity in accordance with Policies BNE2 and BNE24 of the Medway Local Plan 2003.

 

12       No development including demolition works but other than contamination investigation and remediation works, archaeological works and earthworks shall take place within a phase until a Construction Environmental Management Plan (CEMP) in relation to that phase 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; measures to control noise and vibration affecting nearby residents; dust and air pollution control measures; pollution incident control, bat mitigation measures indicated within the ecology report and site contact details in case of complaints. The construction works within that phase shall be undertaken in accordance with the approved Construction Environmental Management Plan.

 

                   Reason: Required before commencement of development in order to minimise the impact of the construction period on the amenities of local residents, wildlife and habitat and with regard to Policies BNE2, BNE37 and BNE39 of the Medway Local Plan 2003.

 

14     No development shall take place other than demolition, contamination investigation and remediation works, archaeological works and earthworks 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 in consultation with the Lead Local Flood Authority.

 

Those details shall include (if applicable):

 

i. a timetable for its implementation (including phased implementation where applicable).

ii. appropriate operational, maintenance and access requirements for each sustainable drainage component are adequately considered.

iii. proposed arrangements for future adoption by any public body, statutory undertaker or management company.

 

Reason: To manage surface water during and post construction and for the lifetime of the development as outlined at Paragraph 165 of NPPF.

 

34       Details of energy efficiency measures, with the Head of Planning to agree the wording with the Chairman and Opposition Spokespersons outside of the meeting.

Supporting documents: