Agenda item

River

Application for approval of reserved matters being access, appearance, landscaping, layout and scale pursuant to GL93/10730 and MC/2004/1207 for the construction of 339 dwellings comprising detached, semi-detached and terraced Houses, flats and 'extra care' sheltered housing building (Class C3) and associated garages; Construction of, office building (Class B1), and cafe/coffee shop (Class A3), lay out parking spaces; Public and private amenity areas, drainage infrastructure, estate roads, footpaths and landscaping, including earth amenity bund, surface water outfall, detention ponds with viewing platform and children's play areas and equipment. 

Discussion:

With the agreement of the Committee, Councillor Mackinlay addressed the Committee as Ward Councillor on this planning application.

The Head of Planning outlined the planning application in detail and suggested that if the Committee was minded to approve this application proposed conditions 4, 6, 7, 8, 12, 19, 20, 21, 22, 23 and 24 be amended and proposed condition 14 be replaced as set out on the supplementary agenda advice sheet.

The Head of Planning drew attention to various elements of the planning application and, in particular, the level of affordable housing, access routes to the riverside walk, play areas, flood risk measures, ecology and car parking.

The Committee discussed the application and the Head of Planning answered Member’s questions on issues relating to the application site.

Decision:

Approved subject to:

A)                The applicant entering into a deed of variation under the terms of Section 106 Town and Country Planning Act 1990 to update the affordable housing section to take account of the changes in legislation and terminology that has occurred since 2005; and

B)                Conditions 1 - 3, 5, 9 - 11, 13, 15 – 18 and 25 – 29 as set out in the report for the reasons stated in the report and conditions 4, 6, 7, 8, 12, 19, 20, 21, 22, 23 and 24 amended as set out below and revised condition 14 as set out below:

4.         Within 3 months of the date of this decision full details of:

               A) A scheme demonstrating how access to the flood wall will be achieved to enable its future maintenance; and

               B) The location of a compound to facilitate the maintenance of the wall shall be submitted to and approved in writing by the Local Planning Authority. No development in relation to plots 19 - 48 (inclusive) and Plots 214-229 (inclusive), as detail on drawing number 1211_PL_004 Rev C, shall commence until the details submitted pursuant to this condition have been approved in writing by the Local Planning Authority. Thereafter the details as approved shall be implemented in accordance with the approved details prior to the occupation of the residential plots 19 - 48 (inclusive) and Plots 214 - 229 (inclusive). Thereafter the approved details shall be maintained.

Reason:  To ensure that adequate access is available to maintain the existing flood defence wall in accordance with Policy CF13 of the adopted Medway Local Plan 2003 and Policy NRM4 of The South East Plan 2009.

6.         Prior to commencement of any piling or penetrative foundation methods on site full details of the method for piling foundations or any other foundation designs using penetrative methods and any other proposals involving below ground excavation shall be submitted to and approved in writing by the Local Planning Authority. The piling works / foundation designs using penetrative methods / any other proposals involving below ground excavation as approved pursuant to this condition shall only be implemented in accordance with the approved details and shall thereafter be maintained.

Reason: To prevent pollution of the water environment in accordance with Policy BNE23 of the Medway Local Plan 2003.

7.         Prior to first occupation of any of the residential units, hereby permitted, full details of:

a) the local information leaflet highlighting leisure sites and attractions in the area; and

b) any associated signage required to minimise the impact recreational disturbance, resulting from residents of and visitors to the site, to the Special Protection Area and Site of Special Scientific Interest as specified in the SPA Mitigation Summary Report received on 15 April 2014 shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the approved leaflet shall be supplied to each new dwelling resulting from this development on the first occupation of each residential unit. The approved signage shall be erected prior to first occupation of any of the residential units hereby permitted and shall be maintained. 

Reason: To mitigate the impact of recreational disturbance on the surrounding Special Protection Areas and Sites of Special Scientific Interest in accordance with polices BNE35 and BNE36 of the Medway Local Plan 2003.

8.         Prior to commencement of the construction of the café building, hereby permitted, fully detailed plans of the design, layout and scale, including any flue details and samples of the materials, of this building shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and maintained in accordance with those 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.

12.       Prior to the commencement of the part of the development that contains the Class B1 Office block a scheme to minimise the transmission of noise from the use of the premises shall be submitted to and approved in writing by the Local Planning Authority.  All works which form part of the approved scheme shall be completed before any part of the development building which contains the Class B1 office use is occupied and shall thereafter be maintained in accordance with the approved details.

Reason: To ensure that the development does not prejudice the amenities of neighbouring property in accordance with Policy BNE2 of the Medway Local Plan 2003.

14.       Prior to first occupation of any part of the development hereby permitted, details of the design and location of the security measures, including CCTV cameras and a date/programme for their implementation on site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and the implementation programme and the approved security measures shall thereafter be retained and maintained in working order.

            Reason: To ensure a safe and secure environment in accordance with Policy BNE8 of the Medway Local Plan 2003.

19.       The refuse strategy as set out on drawing 1211 Refuse Strategy for Marina Apartments and the accompanying letter dated 23 January 2014 shall be carried out to ensure that on collection day bins are moved from the bin stores to the highlighted bin hard standings.  As soon as they are emptied the bins shall be moved back to the refuse stores.  This shall occur every collection day.

Reason: To ensure that the development does not prejudice conditions of amenity and highway safety and accord with policy BNE2 of the Medway Local Plan 2003.

20.       All dwellings within the development shall achieve a minimum of Code Level 3 of the Code for Sustainable Homes (or an equivalent rating in any subsequent replacing standard that has been agreed in writing by the Local Planning Authority). Prior to the first occupation of each residential unit the developer shall provide the Local Planning Authority with the Code for Sustainable Homes registration number and a design stage certificate confirming the code level that property has achieved.

Reason: To safeguard conditions of amenity within the scheme of development permitted and to promote the development of sustainable forms of development.

21.       Prior to occupation of any part of the development full details of the number, location and type of life buoy’s to be provided around the attenuation ponds shall be submitted to and approved in writing by the Local Planning Authority. The life buoy’s shall be installed prior to first use of the landscaping area and subsequently maintained.

Reason: To ensure a safe and secure environment in accordance with Policy BNE2 of the Medway Local Plan 2003.

22.       Prior to commencement on the Multi-Use Games Area (MUGA) full details of the type, height and location of boundary treatment around the MUGA shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be installed prior to first use of the MUGA and subsequently maintained.

Reason: To ensure a safe and secure environment in accordance with Policy BNE2 of the Medway Local Plan 2003.

23.       Before any dwelling is first occupied a scheme identifying the party or parties responsible for the future maintenance of all open spaces, including the Multi-Use Games Area, the Locally Equipped Area of Play and Local Areas of Play but excluding all land falling within the public highway or private curtilages, shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be undertaken otherwise than in complete accordance with the agreed details and the development shall thereafter be maintained in accordance with the approved details.

Reason: To regulate and control the development in the interests of amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

24.       Prior to first occupation of any of the residential units within plots PL336 to 339 (inclusive), PL312 to 335 (inclusive) and PL235 to PL283 (inclusive) full details of sound attenuating slot ventilators to the living room and bedroom windows, including details of the manufacturers technical data relating to noise attenuation of the slot ventilators that demonstrate that a sound reduction of 41dB when closed and 38dB when open is achieved, shall be submitted to and approved in writing by the Local Planning Authority. The details of sound attenuating slot ventilators, as approved pursuant to this condition, shall be fitted to living room and bedroom windows of the each residential units within PL336 to 339 (inclusive), PL312 to 335 (inclusive) and PL235 to PL283 (inclusive) prior to the occupation of each plot within plots PL336 to 339 (inclusive), PL312 to 335 (inclusive) and PL235 to PL283 (inclusive). Thereafter the development shall be maintained in accordance with the approved details.

Reason: To ensure the future occupiers of the units achieve maximum sound attenuation in accordance with Policy BNE2 of the Medway Local Plan 2003.