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APPLICATION:       MA/11/1481            Date: 18 August 2011  Received: 22 December 2011

 

APPLICANT:	Golding Homes
LOCATION:	LAND SOUTH OF 1, BELL LANE, STAPLEHURST, KENT, TN12 0BA
PARISH:	Staplehurst
PROPOSAL:	Demolition of existing garage blocks and the erection of six two-bedroom elderly persons bungalows with associated parking and private amenity space, together with the alteration/improvement of the existing vehicular access from Bell Lane as shown on drawing nos. BL/01, K10/0176/001/B, K10/0176/014/A, K10/0176/015/A, design and access statement, extended phase 1 habitat survey and Great Crested Newt and Reptile Survey received 30/08/2011, drawing K10/0176/011/B  and transport statement received 10/10/2011 and drawing nos. K10/0176/12revH, K10/0176/013revC, arboricultural implications assessment and method statement and Great crested newt mitigation strategy received 24/05/2012.
AGENDA DATE:   CASE OFFICER:	30th August 2012   Steve Clarke

 

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

 

    ●    It is contrary to views expressed by Staplehurst Parish Council

   

1.       POLICIES

 

Maidstone Borough-Wide Local Plan 2000: ENV6, ENV25, T13, T23, CF1
South East Plan 2009: SP2, SP3, CC1, CC4, CC6, H3 H4, H5, T4, NRM5, S6, BE1, BE4, BE6, AOSR6, AOSR7
Government Policy: National Planning Policy Framework 2012

 

2.      HISTORY

 

2.1     No previous relevant planning history on the site           

 

3.      CONSULTATIONS

 

3.1    Staplehurst Parish Council: Wish to see the application REFUSED and commented originally as follows:

‘After much discussion Councillors agreed to recommend REFUSAL for the following reasons:- Onsite lighting was insufficient, there was no pavement for pedestrians beside the access road and the gradient of the access road was too steep for wheelchair users. Concern was expressed regarding the close proximity of the site to two public houses that regularly had live outside music. The local sewage pumping stations were considered to be already at or beyond their capacity and would need upgrading if this development went ahead. Councillors requested this application be considered by MBC Planning Committee. However, should MBC be minded to approve this application without further reference to this Council, it would wish to see planning conditions imposed or at least informatives applied in respect of the following issues; Concern was expressed regarding the potential damage to verges and roads around the site by construction vehicles due to the narrow site access and narrow width of Bell Lane. Good management of the project would be needed together with restitution of offsite damage. It should be noted that egress from Bell Lane onto the High Street was also very difficult. With reference to Page 10 of the Design Statement, this Council requested to be consulted regarding an appropriate contribution to compensate for the loss of allotments. Clear marking and signing along the site access road would be needed to make it clear that priority should be given to pedestrians. It was recommended that the gradient of the access road should be eased to assist wheelchair users, particularly if a pavement beside the access road was not to be provided. The existing alleyway to the south of the site (also in the ownership of the applicant) would need to be made fit and proper as a useful and additional access to the site.’ 

 

         The Parish Council have reiterated these comments on consideration of the most recent amendments.

 

3.2    Kent Highway Services:

 

3.2.1 Originally had several concerns:

‘A Transport Statement has been provided to accompany the planning application. Modifications are to be made to the access to provide a width of 3m along its length widening to 3.75m at its junction with Bell lane. A passing bay is provided approximately 35m from the junction.

 

Please could details of the traffic generation data be provided as the traffic generation calculations appear to be low; usually between 6 - 8 movements per day are expected for each dwelling.

 

The vision splay of 2.4m x 33m could be reduced by using the formula contained in IGN2 if the speed of traffic along Bell Lane is known.

 

The tracking diagram indicates that Bell Lane is over 6m in width near the site access however a site visit has been made and the width of Bell Lane was found to be less than 6m: 4.8m in width on the eastern side of the site access and 5m in width on the western side of the site access. This is less than the dimensions shown on the drawing and I am therefore concerned that refuse vehicles, deliveries and emergency services are able to turn in and out of the access safely. Please could this issue be addressed.

 

A short section of footway should be provided along Bell Lane to the east of the access with a dropped kerb crossing allowing pedestrians to leave the shared access and cross Bell Lane to the existing footway adjacent to the Kings Head PH car park.’

 

3.2.2 Following the submission of revised details addressing the above concerns the following comments were received and no objections were raised to the development.

 

 ‘The site currently comprises 28 garages served from an access onto Bell Lane. The access is between 2.3m and 2.9m in width and also serves 2 other properties. A pedestrian access to the High Street is located at the south eastern corner of the site.

 

The proposal is to replace the 28 garages with 6 new two bedroom bungalows. The access is to be upgraded in width to 3m widening to 3.75m near its junction with Bell Lane and this would provide a shared surface access for the development. A passing bay is provided within 40m of the highway and tracking diagrams indicate that a refuse vehicle and fire appliance is able to turn round within the site.

 

A short section of footway is to be provided on Bell Lane to the east of the site access and a dropped kerb crossing to provide a pedestrian link from the access to the existing footway on the opposite side of Bell Lane. This work should be completed by way of a Section 278 Agreement.

 

Vision splays from the access are acceptable.

 

11 independently accessible parking spaces are proposed to serve the 6 dwellings of which 6 are allocated, 3 unallocated and 2 are visitor spaces. This is considered adequate for this development. In view of the above I confirm that I have no objections to the proposals in respect of highway matters subject to the following conditions being attached to any permission granted:-

 

1 There should be no occupation of the development site until a footway and dropped kerb crossing has been provided on the south side of Bell Lane to the east of the site access in accordance with a design and specification to be approved in writing with the Local Planning Authority and to be fully implemented to the satisfaction of the Local Planning Authority.

 

2 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.

 

3 The area shown on the submitted layout as vehicle parking space or garages shall be provided, surfaced and drained to the satisfaction of the Local Planning Authority before the use is commenced or the premises occupied, and shall be retained for the use of the occupiers of, and visitors to, the premises, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land so shown or in such a position as to preclude vehicular access to this reserved parking space.

 

4 The area shown on the approved plan as vehicle loading, off-loading and turning space, shall be paved and drained to the satisfaction of the Local Planning Authority before the use is commenced or the premises occupied and shall be retained for the use of the occupiers of, and visitors to, the premises, and no permanent development, whether or not permitted by Town and Country Planning

(General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land or in such a position as to preclude its use.

 

5 Before the dwelling(s) hereby approved is first occupied, a properly consolidated and surfaced access (not loose stone or gravel) shall be constructed, details of which shall have been submitted to and approved by the Local Planning Authority.

 

6 The development hereby permitted shall not be occupied until the visibility splays shown on the submitted plan have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.

 

7 Pedestrian visibility splays 2 m x 2 m with no obstruction over 0.6 m above the access footway level shall be provided prior to the commencement of any other development in this application and shall be subsequently maintained.’

 

3.2.3 Of the suggested conditions Condition 2 is more appropriate as an informative and conditions 3 and 4 can be combined.

 

3.3    English Heritage: Were consulted due to the size of the site being in excess of 1000m and the potential impact on the adjacent Conservation Area.  They do not wish to offer any comments and state that the application should be considered against national and local policies and the Council’s specialist conservation advice. 

 

3.4    KCC Biodiversity Team:

           

3.4.1  Originally commented as follows

            ‘We are satisfied with the level and quality of ecological survey effort undertaken to   establish the potential for ecological impacts as a result of the proposed        development.

 

The Great Crested Newt and Reptile Survey report details the findings of the two surveys; no reptiles were observed on the site, although there is suitable habitat present. While there is suitable habitat on the site there remains the potential for reptiles to ‘move in’. If permission is granted but works do not begin within two years of the reptile survey, we advise that an updated survey should be undertaken and any necessary mitigation implemented at that stage.

 

The great crested newt survey of the nearby ponds confirmed their presence and there is therefore the potential that great crested newts will be using the available terrestrial habitat on the development site. The proposed development as it stands will result in the loss of terrestrial great crested newt habitat and has the potential to kill any animals present on the site.

 

The Great Crested Newt and Reptile Survey report advises that a great crested newt licence will be necessary and proposes the creation of hibernacula within the development and removal of any animals present. However, this is insufficient to satisfy Maidstone BC that the proposed mitigation will:

  

Ensure no net loss of habitat in terms of quantity and quality;

Maintain habitat links;

Secure long-term management of the site for benefit of newts.

 

We recommend that further information is sought regarding the receptor site for any translocated animals. Once satisfied on these points, we would recommend that a detailed mitigation strategy is required as a condition of planning, if granted.

 

We note the intention of the applicant to provide a contribution to provision of allotments and suggest that it may be appropriate for Maidstone BC and the applicant to ensure that the area selected for new allotments may also serve as replacement great crested newt and/or reptile habitat.

 

The Extended Phase One Habitat Survey report makes additional recommendations in respect of nesting birds and bats (section 5.3 recommendations 3 and 4). These must be implemented to further minimise potential for harm, either as planning conditions in their own right, or through incorporation within a wider ecological mitigation strategy.

The key principles of PPS9 are not only to avoid, mitigate or compensate for harm to biodiversity but also to incorporate ways to enhance and restore it.’

 

3.4.2 Further comments were received following additional work on identifying receptor sites and appropriate mitigation measures. No objections are raised to the development.

 

          ‘We have previously provided comments to this applicant (dated 18th October 2011), in which we advised that additional information was required to ensure that Maidstone BC can be satisfied that the proposed mitigation will:

  

Ensure no net loss of habitat in terms of quantity and quality;

Maintain habitat links;

Secure long-term management of the site for benefit of newts.

 

In response to our advice, it has now been confirmed that the Bell Lane Local Nature Reserve (LNR) will be used as the receptor site for any great crested newts found on the site, and that the LNR will be enhanced to improve its suitability.

 

In addition, a hibernaculum will be created on the development site. Drawing K10-0176-012 Rev F describes this as ‘possible’, but we consider this measure an essential part of the aim to ensure no net loss of biodiversity as a result of planning decisions. We therefore advise that the implementation of this measure is secured, including the requirement that the hibernaculum created is not included within the gardens of the proposed houses.

 

There is also the intention to undertake works to recreate a nearby ‘lost’ pond.

We are satisfied that these measures adequately address our request for additional information and that their implementation will minimise the potential for ecological impacts as a result of the proposals.

 

Our previous comments regarding the implementation of recommendations relating to nesting birds and bats within the Extended Phase One Habitat Survey report still stand.’

 

3.5        Environment Agency: No objections

 

3.6     Southern Water: Have advised that there are no public surface water sewers in the vicinity and have recommended a condition requiring details of surface water drainage to be submitted. They also request an informative to the applicant advising of the need to formally apply for a connection the public sewer. 

 

3.7     Southern Gas Networks: have advised of the presence of a low-pressure gas main that runs along the south side of Bell Lane pas the site access road.

 

3.8     UK Power Networks: No objections

 

3.9     MBC Conservation Officer: No objections

‘Whilst architecturally this scheme is not of any great merit, it is low-key and will have little impact on the setting of the conservation area. It will, however, be important to maintain or strengthen existing planting on the northern boundary of the site. Also, roof tiles should be plain clay tiles, not interlocking tiles, which would be out of character with the village.’

          Recommendation

          It is, therefore, recommended that:

·                      on heritage/design* grounds NO OBJECTION IS RAISED subject to the following conditions. Landscaping and materials samples

 

3.10   MBC Landscape:

 

‘The revised scheme, which now shows the house in plot 5 moved a further 2m from the tree and relocation of the patio is more acceptable in arboricultural terms although there is still likely to be future shade issues as the tree continues to grow.

 

However, on balance this alone is not sufficient reason to refuse the scheme on arboricultural grounds. Should you be minded to approve development on the site all the recommendations as set out in the arboricultural reports by Duramen Consulting are to be taken into consideration and suitable tree protection and landscaping conditions are to be attached.

 

In conclusion,

·                      I RAISE NO OBJECTION to this application on landscape and/or arboricultural grounds and recommend conditions as detailed above.’

 

3.11   MBC Environmental Health: No objections

         ‘This site is surrounded on 3 sides by buildings, hence there is unlikely to be a traffic noise issue. There is a site registered on the contaminated land prioritised list within 100 metres, but this is considered low-risk. However it is likely that the garage blocks contain asbestos, so the usual informatives will apply, as will those concerning demolition and construction.’

 

4.      REPRESENTATIONS

        

4.1    Five letters from properties adjoining the site have been received (including from Enterprise Inns the owners of the Kings Head PH). Objections are raised on the following (summarised) grounds:-

·                     Unacceptable noise  and disturbance to adjacent properties in South Bank to the west  through the use of the relocated patio area for plot 5

·                     The access is too narrow

·                     Occupiers are likely to complain about the noise from the Beer Garden at the Kings Head and thus potentially affect the viability of the business

·                     Likewise construction noise and dust will have an adverse impact on users of the Beer Garden and also affect the business

·                     The public footpath to the south of the site should be removed as representing a security hazard

 

5.      CONSIDERATIONS

 

5.1    Site description

 

5.1.1 The site comprises an area of some 0.21ha and is located on the south        side of Bell Lane. It is accessed via an existing access road that passes to the east side of 1 Bell Lane and to the west of the garden of the Kings Head Public House. The access road runs southwards form Bell Lane and serves a group of 28 lock-up garages and associated hardstanding areas. These are located on the eastern side of the site. On the western side of the site is an area of former informal allotments located to the rear of 1-7(odd) South Bank. The dwellings in Bell Lane and South Bank that back onto the site are all two-storeys in height.

 

5.1.2 The site lies within the defined settlement boundary of Staplehurst and adjoins on its eastern side the Staplehurst Conservation Area. The site itself has no specific designation on the Maidstone Borough-wide Local Plan 2000.

 

5.1.3 Land levels on the site and the access road fall to the south away from Bell Lane. A footpath link (not a registered Public Right of Way) runs southwards form the south east corner of the site towards the dwellings in Church Green/South Bank and also connects to the High Street.

 

5.1.4 The former allotments have not been used for a number of years (since 2007) and are now somewhat overgrown.    

 

5.1.5 There are a number of trees within and adjoining the site that have been the subject of an arboricultural assessment and report. It is proposed to retain all the trees.     

 

5.2    Proposal

 

5.2.1 The application is a full application and seeks permission to demolish the existing lock-up garages and for the erection of 6 elderly persons’ bungalows on the site of the garages and the former allotment land to the west.

 

5.2.2 The bungalows would be formed in a terrace of five along the southern side of the site with the sixth unit located in the north-west corner of the site behind 1-5 (odd) Bell Lane.

 

5.2.3 The units would be 2-bedroomed. They would be 6m to ridge and between 2.3m and 3m to eaves. Plot 5 at the western end of the terrace would be set forward some 2m to leave a larger gap to a retained Oak tree located just beyond the southern site boundary, the patio (and access to it from the lounge/dining room) for this unit has also been moved to the west elevation to reduce the impact of shadowing from the oak tree.

 

5.2.4 Other than plot 5 the units on the southern side of the site are located 7m in from the site boundary, Plot 5 is located 7m from this boundary.  Plot 5 is also located 4m in from the site’s western boundary at the rear of 1-7 (odd) South Bank leaving a distance of approximately 31m between the flank wall of plot 5 and the rear walls of the dwellings in South Bank. The roofs on the front elevations of plots 1-5 would extend forward to provide a canopy over the entrances. 

 

5.2.5 Plot 6 is a detached unit located approximately 19.2m south of the existing dwellings in Bell Lane and 28m from the properties in South Bank. It is 5.5m to the ridge and 2.2m to eaves.

 

5.2.6 Indicated materials include brickwork plinth with a snapped header course and render for the walls, timber boarding under interlocking roof tiles. Plot 6 would additionally have some timber boarding to a gable feature. The units would also be provided with solar panels on the south facing roof slopes.  

 

5.2.7 A total of 6 allocated parking spaces, 2 dedicated visitors’ spaces and 3 unallocated parking spaces would be provided resulting in a total of 11 car parking spaces.

 

5.2.8 The site access road would be maintained at a width of 3.75m for the first   8m adjacent to Bell Lane then narrowing to 3.5m and then to 3m for a 17m section before widening again to 4.8m. The turning head would be 6m in width. The junction of the access with Bell Lane would be provided with 33m x 2.4m x 33m visibility splays. A new short section of footway along Bell Lane would be provided to the east of the access.

 

5.2.9 Due to the overgrown nature of part of the site, reptile and great crested newt surveys have been undertaken and mitigation measures proposed. The Bell Lane Local Nature Reserve (LNR) will be used as receptor site and enhanced to accommodate any Great Crested Newts found on the site. No newts were found during the survey in 2011 however. It is also proposed and considered necessary by the KCC Biodiversity Team to provide 2 hibernacula on the site. These would be located outside the garden area of plot 6. A pond is also to be restored further along Bell Lane.

 

5.3    Principle of Development

 

5.3.1 The demolition of the lock-up garages and the erection of residential           development is acceptable in principle as the site is located in a defined settlement boundary and the development would take place on previously developed land.

 

5.3.2 However, whilst the former allotments were not statutory allotments and have not been used since 2007, it is however necessary to consider the proposals against saved Borough-wide Local Plan policy ENV25.  

 

POLICY ENV25: DEVELOPMENT OF ALLOTMENTS FOR OTHER USES WILL NOT BE PERMITTED UNLESS ALTERNATIVE PROVISION IS MADE NEAR AT HAND, AND GROUND CONDITIONS ARE FULLY APPROPRIATE.

 

          Staplehurst is an area where according to the Green Spaces Strategy Provision Tables 2007 there is a shortage of allotment land.

 

Green Space Tables 2007
Allotments and Community Gardens (Hierarchy: Middle Order)
Ward Name	PMP Analysis Area	Total Population	Current Provision (ha)	Hectares per 1000 pop	Local Minimum Standard	Above / Below standard per 1000/pop	Above / below standard (ha)
Staplehurst	Southern	5900	0.11	0.02	0.18	-0.16	-0.94

 

5.3.3 The applicants have offered to make a payment of £1575/unit relating to the three units that would be located on the land formerly constituting the allotments. This would be earmarked to provide alternative provision in the Parish. I understand that the Parish Council has an allotments group looking for land and the some land has provisionally been identified. This would satisfy the requirements of Policy ENV25.

 

5.3.4 No objections are therefore raised to the principle of development.

 

5.4    Design and layout

 

5.4.1 The application site is located largely behind existing development away      from the public realm. Glimpses of the bungalows would be available from        Bell Lane along the access road and from the existing footpath to the   south of the site. The development itself would have little impact on the character of the adjacent Conservation Area. This has been confirmed by the Conservation Officer.

 

5.4.2 It is acknowledged that the site is in a backland location. However the site is already subject to built development in the form of the lock-up garages and the access road that serves these. The density as proposed equates to approximately 28 dwellings/ha, which is acceptable. The proposed development also comprises single-storey bungalows of a maximum of 6m in height, which will not be unduly visually intrusive from public vantage points given the fall in land levels away from Bell Lane.  

        

5.4.3 The design of the dwellings themselves is simple and unfussy and is of an acceptable quality. The indicated materials are also acceptable with the provision that plain clay tiles are used for the roofs tiles to address the sole concern of the Conservation Officer.

 

5.4.4 I consider the appearance of the site overall will be improved as a result of the demolition of the existing garages and that there will be better surveillance of the existing footpath as a result of the development taking place.      

 

5.5    Residential Amenity

 

5.5.1 The proposed dwellings are all single-storey and are sited with adequate separation from the adjacent dwellings.

 

5.5.2 Plot 5 is located 4m in from the site’s western boundary at the rear of 1-7 (odd) South Bank leaving a distance of approximately 31m between the flank wall of plot 5 and the rear walls of the dwellings in South Bank. Plot 6 is located approximately 19.2m south of the existing dwellings in Bell Lane and 28m from the properties in South Bank. On the southern side of the site the gardens of properties in Church Green are some 19m in length giving a separation of 26m between the dwellings. Given these distances and the fact that the dwellings are single storey no unacceptable loss of privacy or overshadowing will occur.  

 

5.5.3 The concerns of the occupiers of a property in South Bank in relation to the potential disturbance of the use of the patio area to Plot 5 are noted. However, the separation distances are such that no unacceptable impact sufficient to warrant and sustain objection this ground is likely to occur.

 

5.5.4 I also do not consider that the use of the Beer Garden of the Kings Head is likely to result in complaints from future occupiers given the separation and relationship involved. Likewise any impact from construction would be of a temporary nature and is controlled through Environmental Health legislation if a statutory nuisance occurs.

 

5.5.5 The side garden of 1 Bell Lane is to be fenced by a new 1.8m high close boarded fence and is also already partially enclosed by a 2.5m high garage wall. Given the potential use of the access to serve the existing garages, I do not consider that the development as proposed would result in unacceptable levels of noise and disturbance to the occupiers of 1 Bell Lane.

 

5.5.6 No objections are raised to the development on grounds of residential amenity.

 

5.6    Highways

 

5.6.1 The initial reservations of Kent Highway Services have been addressed through additional information and revised plans. There are no longer any objections to the suitability of the access to accommodate traffic associated with the development or the visibility at the junction of the access with Bell Lane. The provision of the footpath and dropped kerb crossing point in Bell Lane can be secured through a ‘Grampian’ condition as it involves works within the highway.

 

5.6.2 The level of car parking provision proposed is also considered acceptable.

 

5.6.3 Subject to the securing of the necessary improvements and the visibility splays by condition, no objections are raised to the development on highway grounds.     

 

5.7    Landscaping and ecology

 

5.7.1  Appropriate ecological and arboricultural site investigations have been         undertaken on the site.

 

5.7.2 The arboricultural survey shows that all existing trees can be retained, including the use of a no-dig construction method in the vicinity of an Ash tree along the access road.

 

5.7.3 As discussed earlier, plot 5 has been re-sited further forwards to move it away from a retained Oak tree on the southern boundary of the site, the patio doors have also been moved to the west elevation to lessen the potential for concerns regarding overshadowing of the lounge/dining room from the tree. The Landscape officer is satisfied that these measures will assist in the long term retention of the tree and that it will not be adversely affected by the development.

 

5.7.4 There is scope within the site of the development for additional tree planting within the site and along the site boundaries. This can be secured by means of an appropriate landscaping condition.

 

5.7.5 Given the fact that the allotments have been used since 2007, they have become overgrown and have the potential to act as a suitable habitat for reptiles/great crested newts. Great crested newts occupy the ponds in the LNR on the north side of Bell Lane close to the site entrance. Ecological surveys have been undertaken and the need for a protected species licence for Great Crested Newts identified (due to the change to the site and the loss of a potential foraging area) and so a mitigation strategy has been drawn-up, because of the potential impact. No great crested newts have been found on the site during the surveys.

 

5.7.6 The mitigation proposed includes improvements to the LNR and its use as a potential receptor site as required, together with the provision of two refugia on the site itself and the improvement of a pond elsewhere on Bell Lane. The strategy is considered acceptable by the KCC biodiversity team and its implementation can be secured by means of an appropriate condition.

 

5.7.7 No objections are raised to the development on landscape or ecological grounds subject to the imposition of suitable safeguarding conditions.      

 

6.      CONCLUSION

 

6.1    The scheme is of an acceptable design and will not result in an unacceptable impact on residential amenity or highway safety.

 

6.2    Appropriate mitigation for potential ecological impacts has been identified and can be secured by means of condition.

 

6.3    The development will secure the redevelopment of a run-down area of lock up garages and provide additional elderly persons accommodation.  

 

6.4        Subject to appropriate conditions no objections are raised to the development

 

7.           RECOMMENDATION

 

SUBJECT TO:

 

A: The prior completion of a s106 legal agreement or the receipt of a satisfactory s106 Unilateral Undertaking, to secure;

 

·         The payment of a contribution of £4725 towards allotment provision within Staplehurst Parish

 

B: The Head of Planning 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 buildings 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;

The submitted details shall include the use of plain clay tiles rather than the interlocking tiles indicated on the submitted drawings. 

Reason: To ensure a satisfactory appearance to the development pursuant to policy CC6of the South East Plan 2009 .

3.           The development shall not commence until, details of the proposed slab levels of the buildings 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 policy CC6 of the South East Plan 2009.

4.           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.

5.           No development shall take place 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:
i) the provision of additional hedgerow and tree planting on the site's western boundary to maintain a continuous hedgerow along that boundary

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

6.           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.

7.           All trees to be retained must be protected by barriers and/or ground protection in accordance with BS 5837 (2012) 'Trees in Relation to Construction-Recommendations'. No work shall take place on site until full details of protection have been submitted to and approved in writing by the Local Planning Authority. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority;

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

8.           The development shall not commence until details of the method of construction of the access road have been submitted and approved by the local planning authority. The submitted details shall include the use of a no-dig construction method in the vicinity of the retained Ash tree (Tree 3 of Duramen Consulting Report). The development shall thereafter be undertaken in accordance with the subsequently approved details.

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

9.           The development hereby permitted shall not be occupied until the visibility splays shown on the submitted plan KH/10/0176/12revH have been provided with no obstruction to visibility at or above a height of 600mm above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.

Reason: In the interests of highway safety pursuant to policy T23 of the Maidstone Borough-wide Local Plan 2000.

10.        The development hereby permitted shall not be occupied until the section of footpath identified on drawing no. K10/0176/012/revH has been provided.

Reason: In the interests of highway and pedestrian safety pursuant to policy T23 of the Maidstone Borough-wide Local Plan 2000.

11.        Prior to the commencement of any works which may affect reptiles or their habitat, and great crested newts and their habitat, the a detailed mitigation strategy shall be submitted to, and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved strategy unless any amendments are agreed in writing by the local planning authority. The submitted details shall include the provision of two hibernacula located outside the plot boundary of Plot 6 within the site in the location shown on drawing K10/0176/012revH. 

Reason: In the interests of ecology and biodiversity pursuant to policy NRM5 of the South East Plan 2009.

12.        The development shall not commence until details of enhancement measures within the site for birds and bats have been submitted to and approved by the local planning authority. The development shall thereafter be carried out in accordance with the subsequently approved details.

Reason: In the interests of ecology and biodiversity pursuant to policy NRM5 of the South East Plan 2009.

13.        Before any of the dwellings hereby approved are first occupied, a properly consolidated and surfaced access (not loose stone or gravel) shall be constructed, details of which shall have been submitted to and approved by the Local Planning Authority.

Reason: In the interests of pedestrian and highway safety pursuant to policy T23 of the Maidstone Borough-wide Local Plan 2000.

14.        The development hereby permitted shall be carried out in accordance with the following approved plans:
K10/0176/001/B, K10/0176/014/A, K10/0176/015/A received 30/08/2011, K10/0176/011/B received 10/10/2011, K10/0176/12revH and  K10/0176/013revC received 24/05/2012.

Reason To ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers in accordance with Policy CC6 of the South East Plan 2009.

Informatives set out below

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.

Clearance and subsequent burning of existing woodland or rubbish must be carried out without nuisance from smoke, etc. to nearby residential properties. Advice on minimising any potential nuisance is available from the Environmental Health Manager.

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 in connection with the construction of the development  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.

Adequate and suitable provision in the form of water sprays should be used to reduce dust from demolition work.

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.

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

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.

 

 

 

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 the South East Plan 2009) and there are no overriding material considerations to indicate a refusal of planning consent.