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Item 18, Page 98 LYNDEAN HOUSE, 30, ALBION PLACE, MAIDSTONE, KENT, ME14 5DZ
Reference number: MA/12/0472
● The Council’s Environmental Health Officer has commented as follows;
“The site is just off the town centre in a mixed use area, any demolition or construction activities may have an impact on local residents and so the usual informatives should apply in this respect. The ground floor to be converted for shop use should be checked for the presence of asbestos and any found must only be removed by a licensed contractor.
I note that the applicant has applied for opening hours of 7am to 11pm seven days a week including bank holidays, but I consider that this may be too detrimental to local residents’ amenity and so opening hours should be restricted (at least initially) through a condition.
Recommended condition –
No activity in connection with the use hereby permitted shall be carried out outside the hours of 07:00am to 11:00pm Mondays to Saturdays and 08:00am to 10:00pm on Sundays, Bank or Public Holidays;
Reason: To safeguard the enjoyment of their properties by adjoining residential occupiers.
Recommended informatives –
In order to minimise dust and dirt being blown about and potentially causing a nuisance to occupiers of nearby premises the following precautions should be taken.
· Reasonable and practicable steps should be used during any demolition or removal of existing structure and fixtures, to dampen down the general site area, using a suitable water or liquid spray system.
· Where practicable, all loose material on the site should be covered during the demolition process.
· During the construction, reconstruction, refurbishment or modification of the building and where practicable the exterior should be sheeted, enclosing openings etc. as necessary.
Adequate and suitable measures should be carried out for the minimisation of asbestos fibres during demolition, so as to prevent airborne fibres from affecting workers carrying out the work, and nearby properties. Only contractors licensed by the Health and Safety Executive should be employed.
Any redundant materials removed from the site should be transported by a registered waste carrier and disposed of at an appropriate legal tipping site.
Attention is drawn to Sections 60 & 61 of the COPA 1974 and to the Associated British Standard COP BS 5228:2009 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 EHM regarding noise control requirements.
Clearance and burning of existing woodland or rubbish must be carried without nuisance from smoke etc to nearby residential properties. Advice on minimising any potential nuisance is available from the EHM.
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.
Vehicles may only arrive, depart, be loaded or unloaded within the general site between the hours of 0800 hours and 1900 Mondays to Fridays and 0800 to 1300 hours on Saturdays and at no time on Sundays and Bank Holidays.
Provision should be made for the separate storage of recyclables from household waste. Advice on recycling can be obtained from the Environmental Services Manager.”
Given the separation distance of the application site from any residential property, the ‘restricted hours of use’ condition that is included as part of the Case Officer’s recommendation is considered reasonable. Several of the recommended informatives are considered relevant and are recommended to be included as part of the recommended decision.
My recommendation remains unchanged subject to the addition of the following informatives;
- In order to minimise dust and dirt being blown about and potentially causing a nuisance to occupiers of nearby premises the following precautions should be taken.
· Reasonable and practicable steps should be used during any demolition or removal of existing structure and fixtures, to dampen down the general site area, using a suitable water or liquid spray system.
· Where practicable, all loose material on the site should be covered during the demolition process.
· During the construction, reconstruction, refurbishment or modification of the building and where practicable the exterior should be sheeted, enclosing openings etc. as necessary.
- Adequate and suitable measures should be carried out for the minimisation of asbestos fibres during demolition, so as to prevent airborne fibres from affecting workers carrying out the work, and nearby properties. Only contractors licensed by the Health and Safety Executive should be employed.
- Any redundant materials removed from the site should be transported by a registered waste carrier and disposed of at an appropriate legal tipping site.
- Attention is drawn to Sections 60 & 61 of the COPA 1974 and to the Associated British Standard COP BS 5228:2009 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 EHM regarding noise control requirements.
- Clearance and burning of existing woodland or rubbish must be carried without nuisance from smoke etc to nearby residential properties. Advice on minimising any potential nuisance is available from the EHM.
- 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.
- Vehicles may only arrive, depart, be loaded or unloaded within the general site between the hours of 0800 hours and 1900 Mondays to Fridays and 0800 to 1300 hours on Saturdays and at no time on Sundays and Bank Holidays.