Agenda item

Cuxton, Halling and Riverside Ward

Construction of eight new residential dwellings with associated hard and soft landscaping - demolition of existing buildings.

Discussion:

The Principal Planner outlined the application in detail for the construction of eight new residential dwellings with associated hard and soft landscaping and demolition of existing buildings.

The Principal Planner explained that 3 additional conditions had been added and amendments had been made to the main report - on page 89, a new section was added on contamination and on page 90 the section on Road Surface was deleted and the wording replaced.  These amendments were set out in the supplementary agenda advice sheet. 

The Principal Planner confirmed that although units 3, 4 and 5 may have an impact due to the proximity of neighbouring properties, as they were located between 12.7 metres and 13.5 metres from the existing dwellings, this was considered an acceptable separation distance.

The Committee considered the application noting that this was a much improved scheme and the Principal Planner confirmed that condition 3 stipulated that all materials being used would be submitted and approved to ensure the appearance of the development was satisfactory and of a high quality build.

Decision:      

Approved with conditions 1 to 23 as set out in the report for the reasons stated in the report and add additional conditions 24, 25 and 26 as set out in the supplementary agenda advice sheets, as follows:

Add

24       An 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 ‘Land Contamination Risk Management document (LCRM)’.

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.

25       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.

26       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.