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APPLICATION:       MA/10/0649         Date: 16 April 2010        Received: 19 April 2010

 

APPLICANT:	Wisley Developments Ltd
LOCATION:	THE ROSE, 1, FARLEIGH HILL, TOVIL, MAIDSTONE, KENT, ME15 6RG
PARISH:	Tovil
PROPOSAL:	Planning application for erection of a  3-storey development to provide 11no. dwellings (5 x 2-bed terraced houses and 3 x2-bed flats) and associated works including access and parking as shown on drawing nos. 5002/TP/300/B and 309/B and Design and Access Statement, Planning Statement, Planning & Noise Assessment, Flood Risk Assessment, Report on Subsoil Investigations, Geo-environmental Desk Study received 16/04/2010 and as amended by drawing nos. 5002/TP/304/J, 305/H, 306/H, 307/K received 15/09/2010.
AGENDA DATE:   CASE OFFICER:	14th October 2010   Steve Clarke

 

The recommendation for this application is being reported to Committee for decision because:

●  it is contrary to views expressed by Tovil Parish Council

 

1.       BACKGROUND

 

1.1    The application was reported to the Planning Committee on 2 September 2010 and was deferred. A copy of the previous report and urgent update report are attached at Appendix One.

        

1.2    Members deferred consideration of the application for ‘further negotiations to seek amendments to the layout to secure more parking if possible for public safety reasons.’

 

1.3    The applicants submitted revised plans on the 15 September 2010 and have amended the scheme by reducing the total number of proposed residential units from 14 to 11. The number of parking spaces has also increased by 2 spaces from 8 to 10, therefore providing 10 parking spaces for the 11 units. The changes are detailed later in the report.

 

   

2.       POLICIES

 

          Maidstone Borough-Wide Local Plan 2000: ENV6, T13, CF1
          Government Policy: PPS1, PPS3, PPS23, PPG13, PPG24

 

3.       HISTORY

 

3.1    The Public House (‘The Rose’), which formerly stood on the site has now been demolished. The previous ragstone boundary walls are all that remain.

3.2    Previous planning history on the site is as follows;         

·                     MA/10/0829: An application for discharge of conditions relating to   MA/07/2416 (Redevelopment, including change of use, to provide a new 3-4 storey development containing three 2-bed houses and eleven 2-bed flats with on-site parking for fourteen cars) being details of Condition 2 materials; condition 3 slab levels; Parts 1 and 2 of condition 4 contamination report; condition 5 parking; condition 7 & 8 landscaping; condition 11 & 12 Financial contributions; condition 13 construction details; condition 14 acoustic amelioration; condition 15 code for sustainable homes: APPROVED 28/07/2010.

·                     MA/07/2416: Redevelopment, including change of use, to provide a new 3-4 storey development containing three 2-bed houses and eleven 2-bed flats with on-site parking for fourteen cars. APPROVED 30/07/2008.

·                     MA/06/1532: Change of use of site to residential together with the erection of a three/four storey building containing eleven two bedroom flats and three one bedroom flats, with on site parking for fourteen cars. (Resubmission MA/05/2100): WITHDRAWN 21/11/2007.

·                     MA/05/2100: Change of use of site to residential, together with the erection of a four storey building containing 5 No. 2 bedroom flats, 6 No. 1 bedroom flats and 3 No. studio flats, with on site parking for 14 No. cars: REFUSED 10/01/2006.

 

4.       CONSULTATIONS

 

4.1    Tovil Parish Council: Tovil Parish Council previously objected to the development for the reasons set out in the appended report. Any further views will be reported to Members at the meeting.

 

4.2    KCC (Mouchel): Have advised that they are now seeking contributions for Library facilities (£2,497), Adult Education facilities (£1,980) towards additional capacity and the new library and adult education centre at James Whatman Way and Youth and Community facilities (£2,789.06) in the form of monies towards a youth worker for the area.

 

4.3    West Kent PCT: Seek a revised contribution of £7,920 following the reduction    in the number of units. They have again confirmed that they would wish the contribution to be spent at Vine Surgery, St Luke’s and Marsham Street.

 

4.4    Kent Highway Services: Have no objections to the amended details shown on Drawing Number 304 Rev J.

                   ‘The amendments include the provision of additional parking spaces for the 11 dwellings. The total number of spaces        proposed is 10 which is acceptable and in line with the Kent Design Guide - Interim Guidance      Note 3 which recommends a maximum of 1 space per unit in urban edge locations.’

 

         A number of conditions and informatives are recommended relating primarily to parking and access arrangements.

 

4.5    MBC Leisure and Parks: Are seeking a contribution of £17,325. They have again advised that within 1 mile of this development there are a number of green and open spaces, these include:

 

Woodbridge Drive Play Area

Bridge Mill Way Open Space

St Stevens Church Yard

Hudsons Quarry

Millers Wharf

South Park

 

The contribution requested above would be used to improve some or all of the above open spaces to accommodate the additional usage created as a result of this development, with priority given to Woodbridge Drive and Bridge Mill Way.

 

5.       REPRESENTATIONS

 

5.1    Representations previously received are summarised in the appended previous report. Any further views received will be reported to the Members at the meeting.

 

6.       CONSIDERATIONS

 

6.1    Site Description

 

6.1.1           The site is the former Rose Public House located at the junction of the B2010 Farleigh Hill/Tovil Hill and Straw Mill Hill in Tovil. It is approximately 0.07 hectares in area. The site falls northwards from its southern boundary towards the junction of Farleigh Hill/Tovil Hill and Straw Mill Hill. The site lies at the bottom of the valley caused by the River Loose, which passes under Tovil Hill to the north of the site. As a consequence, the site lies adjacent to but not within the flood plain of the river.

 

6.1.2 The surrounding area was once the industrial heart of Tovil but the former paper mills to the east and west have now been redeveloped for housing purposes as has an adjacent printing works site further to the south. There is an existing industrial/office building immediately to the south of the site but this too has recently been the subject of a housing development proposal for 10 flats (MA/06/0288) allowed on appeal on 06/01/2009 superseding an earlier decision dated 02/11/2007 that was quashed by Order of the High Court.

 

6.1.3 The residential development in the area comprises a variety of styles and ages with some Victorian/Edwardian cottages on the western side of Farleigh Hill opposite the site to more modern development undertaken from the mid 1980s to within the last three years comprising flats and detached, semi-detached and terraced houses elsewhere.

 

6.1.4 There is a public house (Royal Paper Mill) at the top of Tovil Hill opposite the junction with Church Street to the north. There are also a number of other industrial and retail units including a post office and ‘Lidl’ and ‘Tesco’ supermarkets in close proximity to the site.

 

6.1.5 The site amounts to approximately 0.089 ha in area. It is located within the defined urban area of Maidstone as set out in the Maidstone Borough-wide Local Plan 2000 but has no specific allocation or designation in the Plan.        

 

6.2    Proposal

 

6.2.1 As Members will note from paragraph 1.3 above, the proposed scheme was amended on 15 September 2010 from that originally submitted.

 

6.2.2 The scheme has now been amended as follows;

·         A total of 11 units would now be built on the site comprising eight two-bedroom houses and three two-bedroom flats. Previously the overall scheme for the site scheme comprised 3 studio flats, 3 one-bedroom flats and a total of 8 terraced houses. 

·         The design and scale of the houses fronting Straw Mill Hill and Farleigh Hill have not been changed

·         The internal layout of the building housing the flats which is located at the junction of Straw Mill Hill and Farleigh Hill has been changed and reconfigured to provide only three 2-bedroom flats. This has resulted in the previously proposed small element of accommodation at third floor facing Farleigh Hill being deleted and the footprint of the building reduced.

·         A total of 10 car parking spaces are now shown to be provided serving the proposed 11 units within the site compared to the 8 previously identified that would have served 14 units.

·         The roof of the building housing the flats has been redesigned to be entirely conical.

·         A deeper ragstone plinth up to ground floor window-cill level has been added to the building housing the flats.

·         The following previously made changes have also been retained;

·    The first 6m section of the  site access has been reduced to 4.8m in width and the access beyond the gate section to 3.1m in width

·    The external amenity decks to units 1, 2 and 9 and 10 have been increased to 3.5m in width

·    Planters have been introduced along the southern site boundary, under the decking to units 9 and 10 and between parking bays 5 and 6 to the rear of unit 3

·    Planting areas to include a frame for climbing plants to the south flank elevation of unit 10 are now shown

·      The first floor elevations of the houses fronting Straw Mill Hill will be weather-boarded     

 

6.2.3 The principal changes are the deletion of three units and the increase in the number of parking spaces to 10.

 

6.3    Principle of Development

 

6.3.1  The acceptability in principle of the development for the reasons set out in the      earlier report have not changed as a result of the most recent amendments.

 

6.4    Highways

 

6.4.1 Members deferred consideration of the application at the Planning Committee       meeting on 2 September 2010 solely for further negotiations to seek amendments to the layout to secure more parking if possible for public safety reasons. Kent Highway Services continue to be in support of the applications.

 

6.4.2 The scheme has been amended in two principal ways to achieve this, firstly through a reduction in the number of units from 14 to 11 and secondly, by providing two additional parking spaces on the site resulting in a total of 10 car parking spaces a ratio of 0.9spaces/unit. There is no further space within the site to provide an additional space to ensure a 1:1 parking ratio.

 

6.4.3 Clearly the resultant provision on the site would not be 1 parking space per unit. However, I still consider the site to be located in a sustainable location close to local amenities and on/close to a public transport ‘bus route.

 

6.4.4 I would again remind Members that the Council does not have parking standards adopted at a local level. I would also draw Members’ attention to PPG13 which states as follows in paragraph 51

“2. not require developers to provide more spaces than they themselves wish, other than

 in exceptional circumstances which might include for example where there are significant implications for road safety which cannot be resolved through the introduction or enforcement of on-street parking controls;”

 

         (Officer comment: For Members’ information I would advise that currently on the east side of Tovil Hill and a section of Woodbridge Drive there are ‘No waiting at any time’ restrictions. On the west side of Tovil Hill and Farleigh Hill including the bellmouth of the junction of Albert Reed Gardens, restrictions are in place from 08:00am to 6:30pm Monday to Saturday.)   

 

6.4.5 There have been no injury accidents in the vicinity of the site within the last three years. In my view on street parking is unlikely to occur in the vicinity, but measures can be put in place if necessary through enforcement of on-street parking controls.

 

6.4.6 Kent Highway Services agree with this assessment and have raised no objections to the development in terms of the access or site layout or number of parking spaces or on highway safety grounds. I would remind Members that no objections were raised by Kent Highway Services to the previous level of provision proposed (8 parking spaces for the 14 units).

 

6.4.7 On balance therefore I consider that the applicants have satisfactorily addressed Members concerns. Therefore I raise no objections to the development in terms of the parking provision proposed.

 

6.5    Design

 

6.5.1 The design of the development remains acceptable and in my view the recent           amendments have improved the appearance of the building housing the flats by providing a better proportioned conical roof. The enlarged external deck areas have also increased the available external amenity space. The elevational treatments of the houses and apartment building are also acceptable subject to appropriate detailing and materials, which can be conditioned. The provision of the planters and the frame fro plants to the southern flank wall of unit 10 will also serve to ‘soften’ the appearance of the development.

 

 

6.6    Residential Amenity

 

6.6.1 There impact on the amenities of residents within and adjoining the site will not change as a result of the amendments and remains acceptable for the reasons set out and described in the appended report. 

 

6.7    Other issues

 

6.7.1 The issues of noise, contamination and flood risk as they relate to the site remain as previously assessed and discussed in the appended previous report. The recent amendments to the scheme do not change these considerations which can be addressed by means of appropriate conditions.   

 

6.8       S106 obligations

 

6.8.1 The following Heads of Terms are proposed and would take the form of a new s106 agreement to replace that entered into in respect of the extant permission MA/07/2416. 

 

6.8.2 Contributions for Parks and Open Space: This would be a contribution of £17,325. They have again advised that within 1 mile of this development there are a number of green and open spaces, these include:

 

Woodbridge Drive Play Area

Bridge Mill Way Open Space

St Stevens Church Yard

Hudsons Quarry

Millers Wharf

South Park

 

The contribution requested above would be used to improve some or all of the above open spaces to accommodate the additional usage created as a result of this development, with priority given to Woodbridge Drive and Bridge Mill Way.

This would address the need generated by this proposal and would be in accordance with the Councils adopted DPD;

 

6.8.3 Contributions for Kent County Council (Mouchel): These would be contributions    of:  

  £227/dwelling for Library facilities (£2,497)

  £180 for Adult Education facilities (£1,980)

  These two contributions would be used towards additional provision and      enhanced capacity at the new Maidstone Hub Library and       Archive/History      centre.

Youth and Community contributions are required for a youth worker to serve the additional demand and this is a total of £2,789.06 for the eight houses and three flats on the site.

 

6.8.4   Contributions for Healthcare (PCT): These would be contributions of £7,920 as it is considered that a residential development would be likely to generate additional demand upon the existing health care facilities within the locality. I have requested that the Primary Care Trust confirm where this money be spent, in order that it meet the requirements of Regulation 122 of the Act. They have identified three surgeries that would be improved as a result of the money provided – at Vine Surgery, St Luke’s and Marsham Street. They have identified that the additional units would be a further strain upon the existing medical facilities within the locality by virtue of introducing additional residents in place of a work place – i.e. not simply an intensification of the existing use. I am therefore satisfied that this request is required to overcome a potential concern of granting planning permission, and it directly related to the proposal, and is reasonable.

 

6.8.5   The Heads of Terms for the s106 obligations have been considered against the statutory tests as set out within Regulation 122 of the Act. This sets out that any obligation should be;

 

(a) necessary to make the development acceptable in planning terms;

(b) directly related to the development; and

(c) fairly and reasonably related in scale and kind to the development.

I consider that this proposal, would meet these requirements in that the legal agreement is necessary. The contributions are related to the development, and fair and reasonable in terms of the scale of the requirements, to the development.  These contributions are as requested by the interested parties. I consider that the provision of these contributions would ensure that the development would provide a suitable level of funding to ensure that any additional strain placed upon the existing services and infrastructure within the locality is addressed. I therefore consider that the proposal complies with Policy CF1 of the Maidstone Borough-wide Local Plan (2000).           

 

7          CONCLUSION

 

7.1    The scheme proposes changes to an extant residential scheme for 14 units comprising 3 houses and 11 two-bedroom flats. The total number of units has now been reduced to 11 and comprises 8 houses and 3 flats. 

 

7.2    The design of the scheme is considered to be acceptable as it is impact on the character and visual amenities of the area and surrounding residential properties. It is regrettable that the previously proposed amenity area (application MA/07/2416) has been deleted from the scheme. However, on balance, I consider the currently proposed external amenity provision to the houses to be acceptable. 

 

7.3    The previously expressed concerns of the Parish Council regarding car parking are noted. The revised scheme provides a ratio of 0.9 spaces /unit which albeit lower than a 1space/unit ratio is still considered acceptable given the site’s sustainable location. Again I would remind Members that the Council does not have locally adopted parking standards and of the advice at Paragraph 51 if PPG13. In addition, Kent Highway Services raise no objections to the scheme in respect of the level of car parking. I consider that the changes have addressed Members’ reasons for deferring consideration of the application at the meeting on 2 September 2010.

 

7.4    Appropriate s106 contributions that meet the requirements of Regulation 122 of the CIL Regulations have been sought and agreed. Subject to appropriate safeguarding conditions, on balance I consider the proposals to be acceptable and recommend accordingly.

 

8         RECOMMENDATION

 

          SUBJECT TO:

          A:      The prior completion of a legal agreement, in such terms as the Head of                Legal Services may advise, to secure;

           

·         Contributions for Kent County Council (Mouchel) for Library facilities (£2,497), Adult Education facilities (£1,.980) towards additional capacity and the new library and adult education centre at James Whatman Way and Youth and Community facilities (£2,789.06) in the form of monies towards a youth worker for the area.

·         Contributions for the West Kent Primary Care Trust. This would consist of a contribution of £7,920 which would be spent at the identified surgeries within the proximity of the site.

·         Contributions for MBC Parks and Leisure. This would consist of a contribution of £17,325 towards the provision or improvement of Open and Green Spaces within Tovil Parish/South Ward with priority to Bridge Mill Way and Woodbridge Drive.

          The Head of Development Management be given DELEGATED POWERS to             GRANT PLANNING PERMISSION subject to the following conditions:

         

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

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.   The development shall not commence until, written details and samples of the materials to be used in the construction of the external surfaces of the building(s) hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials;

 Reason: To ensure a satisfactory appearance to the development pursuant to the advice in PPS1.

3.   The approved details of the parking/turning areas shall be completed before the commencement of the use of the land or buildings hereby permitted and shall thereafter be kept available for such use. No development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any order revoking and re- enacting that Order, with or without modification) or not, shall be carried out on the areas indicated or in such a position as to preclude vehicular access to them;

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety pursuant to policy T13 of the Maidstone Borough-wide Local Plan 2000.

4.   The development shall not commence until, details of the proposed slab levels of the buildings which shall show accommodation to be no lower than 13.5m AOD Newlyn and the existing site levels have been submitted to and approved in writing by the Local Planning Authority and the development shall be completed strictly in accordance with the approved levels;

Reason: In order to secure a satisfactory form of development having regard to the topography of the site pursuant to the advice in PPS1 and PPS25

5.   The development shall not commence until:

 1. The application site has been subjected to a detailed scheme for the investigation and recording of site contamination and a report has been submitted to and approved by the Local planning authority. The investigation strategy shall be based upon relevant information discovered by a desk study. The report shall include a risk assessment and detail how site monitoring during decontamination shall be carried out. The site investigation shall be carried out by a suitably qualified and accredited consultant/contractor in accordance with a Quality Assured sampling and analysis methodology and these details recorded.

 2. Detailed proposals in line with current best practice for removal, containment or otherwise rendering harmless such contamination (the 'Contamination Proposals') have been submitted to and approved by the Local Planning Authority. The Contamination Proposals shall detail sources of best practice employed.

 3. Approved remediation works have been carried out in full on site under a Quality Assurance scheme to demonstrate compliance with the proposed methodology. If, during any works, contamination is identified which has not previously been identified additional Contamination Proposals shall be submitted to and approved by, the local planning authority.

 4. Upon completion of the works, this condition shall not be discharged until a closure report has been submitted to and approved by the local planning authority. The closure report shall include full details of the works and certification that the works have been carried out in accordance with the approved methodology. The closure report shall include details of any post remediation sampling and analysis together with documentation certifying quantities and source/destination of any material brought onto or taken from the site. Any material brought onto the site shall be certified clean;

Reason: To prevent harm to human health and pollution of the environment pursuant to the advice in PPS23.

6.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008  (or any order revoking and re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Classes A, B, C, D E & F to that Order shall be carried out without the permission of the Local Planning Authority;
    
Reason: To safeguard the character, appearance and functioning of the surrounding area pursuant to the advice in PPS1.

7.   The development shall not commence until, details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details before the first occupation of the building(s) or land;

Reason: To ensure a satisfactory appearance to the development pursuant to policy ENV6 of the Maidstone Borough-wide Local Plan 2000.

8.   The development shall not commence until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, using indigenous species which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management. The scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines. The submitted details shall include inter-alia;

(i) The provision of planter and planted beds under the terraced areas and within the car park and adjacent to the south flank elevation of unit 10.
(ii) The provision of a frame and climbing plants on the south flank wall of unit 10. 
(iii)The provision of integral planters to each balcony area. 

Reason: No such details have been submitted to ensure a satisfactory external appearance to the development pursuant to policy ENV6 of the Maidstone Borough-wide Local Plan 2000.

9.   All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation;

 Reason: To ensure a satisfactory setting and external appearance to the development pursuant to policy ENV6 of the Maidstone Borough-wide Local Plan 2000.

10.        The development shall not commence until details of both foul and surface water drainage to serve the development have been submitted to and approved by the local planning authority in consultation with Southern Water. The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: to ensure adequate and proper drainage of the site and to prevent flood risk from surface water run-off pursuant to the advice in PPS25

11.        The development shall not commence until and in conjunction with the details submitted pursuant to condition 2 above, the following details have been submitted to and approved by the local planning authority;

(i) large scale drawings at a scale of 1:50 or 1:20 showing
(a) the layering of the elevations/juxtaposition of materials particularly at the junction of the weatherboarding and brickwork and ragstone panelling,
(b) significant projections and recesses and details showing overhanging eaves and details combining these with rafter feet,
(c) the extent of window/door reveals
(d) details of the rubbed brick flat-arches to window heads and details of the brick window cills and brick window surrounds to the housing units with ragstone panel inserts
(e) details of the design of the external terraced areas including any privacy screens between units
(f) details of rainwater goods

The development shall thereafter be undertaken in accordance with the subsequently approved details.

Reason: To maintain the quality and integrity of the design and to ensure a satisfactory external appearance to the development pursuant to the advice in PPS1.

12.        The development shall not commence until details of acoustic amelioration as recommended in the acoustic assessment undertaken by Acoustics Plus Ltd. have been submitted to and approved by the local planning authority. 

(i) Where habitable rooms will be exposed to noise levels that are in excess of NEC A of PPG24, mitigation should include a scheme of acoustic protection sufficient to ensure internal noise levels (LAeqT ) no greater than 30 dB in bedrooms and living rooms with windows closed. Where the internal noise levels (LAeq,T) will exceed 35 dB in bedrooms (night-time) and 45dB in living rooms (daytime) with windows open, the scheme of acoustic protection should incorporate appropriate  acoustically screened mechanical ventilation.

(ii) Within gardens and amenity areas, the daytime 07.00-23.00 hours level of noise should not exceed 55dB (LAeq) free field. This excludes front gardens;

The subsequently approved scheme of mitigation shall be implemented to the satisfaction of the local planning authority prior to the first occupation of the dwellings and maintained thereafter.

Reason: To protect residential amenity pursuant to the advice in PPG24.

13.        The dwelling units shall achieve Level 3 of the Code for Sustainable Homes. No dwelling unit shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 3 has been achieved.

Reason: to ensure a sustainable and energy efficient form of development in accordance with Kent Design and PPS1.

14.        A sample panel of ragstone that clearly demonstrates the proposed bond, mortar mix and pointing method shall be provided on site for approval by the local planning authority prior to its use within the development. The ragstone panels on the dwellings and the plinth of the apartment building shall then be implemented in accordance with the approved details and the sample panel retained on site as a reference until works to provide the ragstone panels and plinth have been completed.

Reason: To ensure a satisfactory visual appearance to the dwellings pursuant to the advice in PPS1.

15.        The development shall not commence until details of swift and bat bricks    within the buildings have been submitted and approved by the local planning authority.

Reason: In the interests of biodiversity and ecology pursuant to the advice in PPS9.

16.        Any entrance gates erected shall be hung to open away from the highway only and shall be set back a minimum distance of 5.5m from the carriageway edge.

Reason: In the interests of highway safety pursuant to the advice in PPG13

Informatives set out below

During construction provision shall be made on the site, to the satisfaction of the Local Planning Authority, to accommodate operatives' and construction vehicles loading, off-loading or turning on the site. In addition, on-site parking for site personnel / operatives / visitors shall be provided and retained throughout the construction of the development.

Attention is drawn to Sections 60 and 61 of the Control of Pollution Act 1974 and to the Associated British Standard Code of practice BS5228:1997 for noise control on construction sites. Statutory requirements are laid down for control of noise during works of construction and demolition and you are advised to contact the Environmental Health Manager regarding noise control requirements.

Plant and machinery used for demolition and construction shall only be operated within the application site between 0800 hours and 1900 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sunday and Bank Holidays.

No vehicles may arrive, depart, be loaded or unloaded within the general site except between the hours of 0800 and 1900 Mondays to Fridays and 0800 and 1300 hours on Saturdays and at no time on Sundays or Bank Holidays.

The developer may be required to produce a Site Waste Management Plan in accordance with Clean Neighbourhoods and Environment Act 2005 Section 54. This should be available for inspection by the Local Authority at any time prior to and during the development.

The importance of notifying local residents in advance of any unavoidably noisy operations, particularly when these are to take place outside the normal working hours, cannot be too highly stressed. Where possible, the developer shall provide the Council and residents with a name of a person and maintain dedicated telephone number to deal with any noise complaints or queries about the work, for example scaffolding alarm misfiring late in the night/early hours of the morning, any over-run of any kind.

As an initial operation on site, adequate precautions shall be taken during the progress of the works to guard against the deposit of mud and similar substances on the public highway in accordance with proposals to be submitted to, and agreed in writing by, the local planning authority. Such proposals shall include washing facilities by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances.

A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd. Anglo Street James House, 39A Southgate Street, Winchester, SO23 9EH.

During construction provision shall be made on the site, to the satisfaction of the Local Planning Authority, to accommodate operatives' and construction vehicles loading, off-loading or turning on the site and in addition, parking for site personnel / operatives / visitors shall also be provided on the site and retained throughout the construction of the development.

The proposed development, subject to the conditions stated,  is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000) and there are no overriding material considerations to indicate a refusal of planning consent.