Item 17 Page 73 Hen and Duckhurst Farm, Marden Road
Ref Number 14/502010
1. Amend Recommendation
A. The provision of 40% (equate to 100 affordable housing) and at least 5no, of the affordable units to provide wheelchair accessible homes.
B. A contribution towards highway works at the junction of the A229 (Station Road) and Marden Road to mitigate the impact of the development (The amount to be finalized by the Head of Planning and Development acting under delegated powers)
C. A contribution towards improvement and enhancement of vehicle and cycle parking provision at the railway station development (the amount to be finalised by the Head of planning and Development acting under delegated powers);
D. The following contributions based on a pro rata assessment of the exact number of dwellings proposed at the Reserved Matters stage:
• A contribution for Kent County Council of £580,725.90 towards the construction of Phase 1 of the expansion of Headcorn Primary School (40.65 pupils from HDF @ £14,286 per pupil)
• A contribution for Kent County Council of £129,453.99 towards land acquisition costs in connection with the expansion of Headcorn Primary School (40.65 pupils from HDF @£3,184.60 per pupil);
• A contribution for Kent County Council of £487,888.65 for secondary education to be used towards the expansion of Cornwallis School (41 pupils @ £11,799 per pupil);
• A contribution for Kent County Council of £12,003.95 to be used to address the demand from the development towards additional book stock at Staplehurst Library;
• Youth equipment £2110.58 - required for the new residents of this development alone (supplied to Youth Workers and organisations covering Staplehurst);
• Contribution of £126,360 toward improvement or upgrade of facilities at Staplehurst Health Centre. (The amount to be finalised by the Head of Planning and Development acting under delegated powers);
E. The provision of on-site open space of not less than 4.66 hectares (open space areas should be a mixture of formal and semi-natural areas and allotment areas);
A contribution of £613.02 per dwelling towards the improvement or upgrade of facilities at Lime Trees, Surrenden Playing Field; and
The appointment of a management company by the developer to be responsible for the on-going maintenance of the public open space.
The management company shall submit to and obtain the approval in writing of the Local Planning Authority to the details required under sub-sections E.1 and E.2 below:
E.1 Prior to the commencement of development of each phase as agreed under condition 5 of this permission, an Ecological Design Strategy (EDS) addressing ecological mitigation and enhancement of each phase in the context of the wider site shall be submitted to and approved in writing by the Local Planning Authority. The EDS shall include the following:
a) Purpose and conservation objectives for the proposed works;
b) Review of site potential and constraints, informed by further survey effort as appropriate;
c) Detailed design(s) and/or working method(s) to achieve stated objectives (may be provided as a set of method statements). Incorporation of bird and bat boxes and swift bricks in the fabric of houses and on trees within the landscaped areas;
d) Role and responsibilities on-site of an ecological clerk of works (ECoW) or similarly competent person;
e) Extent and location/area of proposed works on appropriate scale maps and plans;
f) Type and source of materials to be used where appropriate, e.g. native species of local provenance;
g) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development;
h) Persons responsible for implementing the works;
i Details of initial aftercare and long term maintenance; and
j) Details for monitoring and remedial measures.
The EDS shall be implemented in accordance with the approved details unless varied by a European Protected Species licence subsequently issued by Natural England. In the interests of securing the maximum benefit for biodiversity any variation of the agreed mitigation required by Natural England must not result in the reduction in the quality or quantity of mitigation/compensation provided and all features shall be retained in that manner thereafter.
E.2 Prior to the commencement of development of each phase as agreed under condition 5 of this permission, a Landscape and Ecological Management Plan for each phase in the context of the wider site shall be submitted to and approved in writing by the Local Planning Authority.
The content of the LEMP shall include the following:
a) Description and evaluation of features to be managed;
b) Ecological trends and constraints on site that might influence management;
c) Aims and objectives of management;
d) Appropriate management prescriptions for achieving aims and objectives;
e) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);
f) Details of the body or organisation responsible for implementation of the plan; and
g) On-going monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the managementbody(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details
F. The Head of Planning and Development be given delegated powers to grant outline permission subject to the conditions and informatives:
1) Details of appearance, layout, scale and landscaping, (the reserved matters) for any phase shall be submitted to and approved in writing by the local planning authority before any development begins on that phase. Development shall be carried out in accordance with the approved details.
The layout reserved matters details shall ensure that at least .04 Ha of the to the north and west of the Hen and Duck Farm listed buildings is set aside as an open space or structural open space as part of a deliberate strategy to minimise so far as possible harm to the setting of the listed buildings.
The landscaping reserved matters details shall be designed using the principle’s established in the Council’s adopted Landscape Character Assessment 2012 and using indigenous species which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained.
2) Application for approval of the reserved matters shall be made to the local planning authority not later than 12 months from the date of this permission.
3) The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.
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.
4) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan DHA/9702/01 Rev B and drawing site access round about T0191/SK01 RevP4 forming part of Appendix E of Transport assessment report.
Reason: To ensure that the location of the vehicular access is defined.
5) No development shall take place until a Scheme of Phasing has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved Scheme of Phasing.
Reason: To ensure that the development is carried out in a satisfactory manner and in compliance with NPPF advice regarding good design.
6) Prior to the commencement of development of each phase of development as agreed under condition 5 of this permission, no development shall commence (in relation to that specific phase being pursued) until a materials schedule detailing the types and colours of external materials to be used, including colour of mortar and windows, has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.
Reason: In the interests of visual amenity of the area and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings.
7) No development shall take place until full details of both hard and soft landscaping for the site have been submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include existing and proposed contours and finished ground levels and structures (e.g. street furniture, refuse or other storage units, signs, lighting etc.). Soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and an implementation programme. Development shall be carried out in accordance with the approved details. The scheme shall include full details of all proposed boundary treatments and shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines.
Reason: In the interest of visual amenity of the area.
8) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following first occupation of any of the dwellings hereby permitted, or completion of development, whichever is the sooner. Any trees or plants, which, within a period of 5 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.
Reason: In the interest of visual amenity of the area.
9) A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped and open areas allotment other than privately owned domestic gardens, shall be submitted to and approved in writing by the local planning authority prior to first occupation of any dwelling on the site. The landscape management plan shall be carried out as approved.
Reason: In the interest of residential and visual amenity of the area.
10) Prior to the commencement of any development, a scheme for the protection of trees and hedges to be retained on site shall be submitted to and approved in writing by the local planning authority All trees to be retained must be protected by barriers and or ground protection in accordance with BS5837 (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 barrier and/or ground protection measures 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 area protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground level changed, nor excavations made within these area 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 in compliance with National Planning Policy Framework 2012.
11) Prior to the commencement of each phase of development as agreed under condition 5 of this permission, no works (in relation to that specific phase being pursued) shall take place until a measured survey of that phase has been undertaken and a plan prepared to a scale of not less than 1:500 showing details of existing and intended final ground levels and finished floor levels in relation to a nearby datum point which shall be submitted to and approved in writing by the local planning authority. The development shall be completed and thereafter retained in accordance with the approved details.
Reason: In the interests of visual and residential amenities of the area.
12) Prior to the commencement of each phase of development as agreed under condition 5 of this permission, no works (in relation to that specific phase being pursued) shall take place until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall make provision for arrangements during the period up until the last dwelling is completed and shall include details of:
a) A programme for the phasing of work to construct the development, including the roads, landscaping and open space;
b) The location of temporary site buildings, compounds and areas used to store plant and materials;
c) Arrangements for the routing, turning and access of lorries into the site;
d) Arrangements for the parking of vehicles of site operatives and visitors;
e) Measures to control and mitigate noise and vibration from construction activities, including piling;
f) Arrangements for the storage, collection and disposal of waste;
g) Measures to prevent mud and dust being deposited on the highway;
h) The erection and maintenance of security hoarding, including any decorative displays and facilities for public viewing;
i) Temporary lighting; and
j) Noise generating plant.
K) Details of how landscape features acting as existing biodiversity networks, including hedgerows, will be retained and protected during the construction phase.
Development shall take place in accordance with the approved plan.
Reason: In the interests of residential amenities in the area and in the interests of biodiversity and ecology.
13) Prior to the commencement of each phase of development as agreed under condition 5 of this permission, no works (in relation to that specific phase being pursued) shall take place until details of a scheme to address risks associated with contamination of the site and mitigation shall be submitted to and approved in writing by the local planning authority. Those details shall
include:
i) Assessment of radon affect and mitigation measures;
ii) Assessment of electromagnetic radiation from the electricity sub- station and mitigation measures;
iii) An acoustic assessment in respect of noise from Railway line to the north and noise from the electricity sub-station to the south and mitigation measures;
iv) An Air quality assessment and submission of a mitigation strategy;
The approved mitigation measures shall be carried out in accordance with the approved details.
Reason: In the interests of residential amenities of the area
14) If during the course of development of each phase approved under condition 5, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures.
Reason: In the interests of amenities of the future occupiers of the dwellings.
15) Prior to the commencement of development of each phase as agreed under condition 5 of this permission, an archaeological investigation of the phase shall be carried out comprising:-
i historic landscape survey and assessment in accordance with a specification and written timetable which has been submitted to
ii following on from the survey and assessment, any safeguarding measures to ensure and approved by the Local Planning Authority; and preservation in situ of important historic landscape features and/or further historic landscape recording in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority
Reason: To ensure appropriate assessment of the historic landscape implications of any development proposals and the subsequent mitigation through preservation in situ and integration into main development scheme or preserved by record.
16) Prior to the commencement of development of each phase as agreed under condition 5 of this permission, an archaeological investigation of the phase shall be carried out to secured the implementation of:-
i archaeological field evaluation works in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and
ii following on from the evaluation and assessment, any safeguarding measures to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording in accordance with a specification and timetable which has been submitted to and approved by the Local Planning Authority
Reason: To ensure appropriate assessment of the archaeological implications of any development proposals and the subsequent mitigation of adverse impacts through preservation in situ or by record.
17) No development shall take place until a sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100yr critical storm (including an allowance for climate change) will not exceed the run-off from the undeveloped site following the corresponding rainfall event, and so not increase the risk of flooding both on or off site.
The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.
18) The development hereby permitted shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by, the Local Planning Authority in consultation with the Southern Water. The submitted details shall incorporate inter-alia wildlife friendly drainage gullies and design features and shall be completed in full prior to the first occupation of the dwellings hereby permitted.
Reason: To ensure that foul and surface water is satisfactorily managed and disposed of from the site and in the interests of protection of local wildlife.
19) Underground ducts shall be installed by the developer to enable telephone, electricity and communal television services to be connected to any premises within the site without recourse to the erection of distribution poles, satellite dishes and overhead lines and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking and re-enacting that Order), no distribution pole satellite dish or overhead line shall be erected within the site area.
Reason: To avoid visual harm to the character of the area.
20) During the construction period, no construction or deliveries to the site shall take place on Sundays or Bank Holidays or outside the following times:
0800 to 1800 on Mondays to Fridays; and 0900 to 1300 on Saturdays.
Reason: In the interests of amenities of the occupiers of surrounding properties.
21) No development shall take place until full details of the vehicular access and emergency access have been submitted to and approved in writing by the local planning authority. The details shall include footway and verge crossings; visibility splays; and three-dimensional representations. No dwelling shall be occupied until the means of access have been constructed in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
Reason: In the interests of Highway safety.
22) The roads and footways within the development shall be constructed and finished in accordance with a programme that has been submitted to and approved in writing by the local planning authority. No dwelling shall be occupied until it has a direct connection with an existing highway.
Reason: In the interests of highway safety and residential amenities.
23) No dwelling shall be occupied until highway works agreed under section 278 of the 1980 Highway Act have been implemented in full to the satisfaction of the Local Planning and Highways Authorities. These works comprise:
1. Pedestrian and cycle links to be provided to the existing residential development to the east of the application site via Further Field and Marlfield.
2. A link for vehicular traffic through the development site towards Lodge Road is to be safeguarded.
3. Bus boarders are to be provided at two relevant bus stops.
4. Parking provision is to be provided in accordance with IGN3
5. Traffic calming is to be provided along Marden Road and the 30 mph speed limit is extended.
6. A pedestrian and cycle crossing to be provided on Marden Road to ensure safe access to the village centre from the site.
24) Cordwood above 20cm in diameter from the site should be retained and placed within the site in locations and quantities to be agreed with the local planning authority prior to any tree felling take place.
Reason: In the interests of biodiversity and ecological enhancement in compliance with NPPF.
25) Within 6 months of the occupation of the 50th dwelling house the public open space shall be accessible to the public as opens-space and is maintained as such.
Reason: In the interests of amenities of the prospective residents of the development.
Informatives
1) Applicant is strongly advised that details pursuant to condition 21 be considered prior to or in conjunction with, approval of road and housing layout to ensure the optimum space can be allocated for storage and conveyance of storm runoff using sustainable drainage techniques
2) The applicant/developer should enter into a formal agreement with Southern Water to provide the necessary sewerage infrastructure required to service this development.
Please contact Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire,
SO21 2SW (Tel. 0330 303 0119) or www.southernwater.co.uk
3) During the construction and fitting out of the development hereby permitted, there shall be no burning of waste material on the site.
Recommendation:
My recommendation remains unchanged, subject to the amendment set out above.