Committee Report

REPORT SUMMARY

 

REFERENCE NO -  14/502152/FULL

APPLICATION PROPOSAL

Demolition of United Reform Church and adjoining hall to facilitate the erection of 24 No. dwellings on this land and land to the south with associated parking, access (from Maidstone Road) and landscaping

ADDRESS Lenham United Reformed Church Maidstone Road Lenham Kent ME17 2QH 

RECOMMENDATION Amend conditions as set out in the report

REASON FOR REFERRAL TO COMMITTEE

To seek the agreement of Members of the Planning Committee to amend conditions in response to matters arising from the resolution to grant planning permission subject to a second resolution that “Heads of Terms in relation to strategic landscaping and maintenance of cricket ball stop nets shall be finalised in consultation with Ward Members and Parish Council”.

 

WARD Harrietsham And Lenham Ward

PARISH/TOWN COUNCIL Lenham

APPLICANT Akehurst Epps Limited

AGENT Hume Planning Consultancy Ltd

DECISION DUE DATE

28/11/14

PUBLICITY EXPIRY DATE

28/11/14

OFFICER SITE VISIT DATE

Various

RELEVANT PLANNING HISTORY

 

●          MA/14/0226                Demolition of United Reform Church and adjoining hall to facilitate the erection of 25No. dwellings on this land and land to the south with associated parking, access (from Maidstone Road) and landscaping – WITHDRAWN BY APPLICANT

●          MA/14/0225                An application for the demolition of United Reform Church and adjoining hall to facilitate the erection of 25No. dwellings on this land and land to the south with associated parking, access (from Maidstone Road) and landscaping- WITHDRAWN BY APPLICANT

●          MA/87/0956                Erection of four detached dwellings, garage to serve 21 Maidstone Road and formation of new access from Maidstone Road - REFUSED

●          MA/83/0771                Renewal of permission for use for a playgroup for 24 children - APPROVED

●          50/0117/MK2              The building of a church - APPROVED WITH CONDITIONS

MAIN REPORT

 

1.0          BACKGROUND

 

1.01       The current application seeks full planning permission for a residential development of 24 dwellings, together with associated landscaping, access and parking.

 

1.02     The site is located within the defined boundary of Lenham, and comprises the existing Lenham United Reform Church and associated hall, together with garden land located behind properties fronting (or accessed from) Maidstone Road and High Street.

 

1.02       The application was reported to the adjourned Planning Committee meeting held on 23rd April 2015, at which Members resolved to give the Head of Planning and Development delegated powers to grant planning permission subject to conditions and the prior completion of a S106 legal agreement in such terms as the Head of the Legal Partnership may advise to secure the following:

 

  • The provision of 40% affordable residential units; and
  • A contribution of £2,360.96 per ‘applicable’ house (£56,663.04) towards the enhancement of teaching facilities at Lenham Primary School; and
  • A contribution of £202.62 towards youth service equipment at Swadelands Youth Centre; and
  • A contribution of £1,152.38 to be used to address the demand from the development towards additional book stock at Lenham Library; and
  • A contribution of £14,292 (£360 per predicted occupier based on size of market dwellings) to be prioritised firstly towards the extension of healthcare facilities at The Glebe Medical Centre, Harrietsham; and
  • A contribution of £37,800 towards the improvement, maintenance, refurbishment and replacement of the Ham Lane play area; and
  • Details of a long term management plan for strategic landscaping areas within the site and cricket ball stop nets to the western boundary of the site, which shall include details of the following: responsibility for ongoing long term management; financial contributions towards implementation/installation and long term maintenance (including the duration of the contribution) (details to be finalised by Head of Planning and Development acting under delegated authority).

 

1.03       The Committee report, urgent update to the Committee report and minutes are attached as Appendix A to this report.

 

1.04       At the meeting Members resolved additionally that “the details of the S106 legal agreement in relation to strategic landscaping and the management and maintenance of cricket ball stop nets are to be finalised in consultation with Ward Members and the Parish Council.”

 

2.0       REASON FOR REFERRAL BACK TO PLANNING COMMITTEE

 

2.01     As a result of the second resolution, meetings have been held by relevant parties (including representatives of Lenham Parish Council, Lenham Cricket Club, the applicant, and Maidstone Borough Council) both on and off site to discuss the matters of strategic landscaping and the location and height of the cricket ball stop net (CBSN). Following the meetings, a risk assessment undertaken by Labosport (Technical Report Boundary Risk Assessment: Lenham Cricket Club reference LSUK.15-0634_V1) was commissioned to assess the necessity and requirements of the CBSN, a copy of which is attached as Appendix B to this report. The report concluded that an 8m high CBSN “should provide suitable protection with only the rare/exceptional shot going over the fencing system”. As such it is considered that the height of the CBSN (which should be sited on the western boundary of the proposal site) should be a minimum of 8m in accordance with the findings of the risk assessment. This accords with the comments received from Sport England in relation to the application, which are set out in full in paragraph 5.19 of the original report to Planning Committee (attached as Appendix A).

 

2.02     As a result of the discussions some amendments to the conditions are proposed which seek to give additional security in respect of the delivery of the CBSN and strategic landscaping (especially that to the western boundary of the site), which are summarised below.

 

2.03     It is proposed that the CBSN is extracted from the general boundary treatments condition and controlled by way of a standalone condition for purposes of simplicity. The condition would require the details of the CBSN to be provided and approved in writing, and implemented prior to commencement of the development, rather than prior to occupation of the dwellings.

 

2.04     It is also proposed to strengthen the landscaping and landscaping implementation conditions. In terms of the landscape condition, it is proposed to specify the provision of a woodland belt along the western boundary of the site to replace the self seeded bank which currently exists, detailing appropriate native species (being Field Maple, Holly, Hazel, Hawthorn and Silver Birch) of semi-mature minimum nursery light standard size or equivalent that should be utilised in the planting. The proposed mix will provide a variety of heights and textures, and whilst providing strategic landscaping will not be unduly visually “heavy” when viewed from the proposed dwellings. An additional phasing condition is proposed requiring the build out of units 13-19 (inclusive) prior to the rest of the site in order to require the planting of the strategic landscaping as early as possible to allow it to establish prior to occupation of the site, and the landscape implementation condition has been amended to comply with this, requiring this element of the landscaping scheme to be implemented during the first planting season following completion of units 13 – 19 (inclusive), and the implementation of the entirety of the landscaping scheme for the site in the first planting season following first occupation of the development.

 

2.05     In addition, as Councillors will be aware, the Ministerial Statement of 25th March 2015 precludes Local Planning Authorities from imposing conditions requiring compliance with technical housing standards in cases where there are no relevant existing policies, and withdrawing the Code for Sustainable Homes from the scope of planning control.

 

2.05     As such, conditions can no longer be imposed on planning permissions seeking compliance with the Code for Sustainable Homes and other technical housing standards, and these matters will henceforth be dealt with under Building Regulations. I therefore propose to delete condition 9.

 

2.06     Due to the deletion of condition 9 and the ordering of new conditions in a logical sequence within the recommendation, I propose re-numbering the conditions appropriately.

 

3.0       OTHER MATTERS

 

3.01     In respect of the detail of the S106, discussions are ongoing, however it has been agreed that the CBSN should be located in the position originally proposed in order to allow access to it by Lenham Cricket Club for operational purposes, and that the strategic landscaping areas will be owned and maintained by the management company required to be set up under the scope of the S106 agreement.

 

3.02     The detailed content of the S106 (which Members have given delegated powers to the Head of Planning to finalise) is evolving. Various aspects of the S106 have been discussed including the need to notify future occupiers of the existence of Lenham Cricket Club and its activities, and for Lenham Cricket Club to have an input into the management and maintenance of the CBSN, which have been accepted.

 

4.0       RECOMMENDATION

 

4.01     The recommendation, as amended in respect of the addition, amendment and deletion of conditions as set out above in section 2 above, is set out in full below for the purposes of clarity:

 

            SUBJECT TO THE PRIOR COMPLETION OF A LEGAL AGREEMENT, IN SUCH TERMS AS THE HEAD OF THE LEGAL PARTNERSHIP ADVISES, TO PROVIDE THE FOLLOWING:

 

  • The provision of 40% affordable residential units; and
  • A contribution of £2,360.96 per ‘applicable’ house (£56,663.04) towards the enhancement of teaching facilities at Lenham Primary School; and
  • A contribution of £202.62 towards youth service equipment at Swadelands Youth Centre; and
  • A contribution of £1,152.38 to be used to address the demand from the development towards additional book stock at Lenham Library; and
  • A contribution of £14,292 (£360 per predicted occupier based on size of market dwellings) to be prioritised firstly towards the extension of healthcare facilities at The Glebe Medical Centre, Harrietsham; and
  • A contribution of £37,800 towards the improvement, maintenance, refurbishment and replacement of the Ham Lane play area; and
  • Details of a long term management plan for strategic landscaping areas within the site and cricket ball stop nets to the western boundary of the site, which shall include details of the following: responsibility for ongoing long term management; financial contributions towards implementation/installation and long term maintenance (including the duration of the contribution) (details to be finalised by Head of Planning and Development acting under delegated authority).

 

THE HEAD OF PLANNING AND DEVELOPMENT BE GIVEN DELEGATED POWERS TO GRANT OUTLINE PLANNING PERMISSION SUBJECT TO THE CONDITIONS SET OUT BELOW:

 

CONDITIONS to include

 

(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. The details shall include, inter alia:

           

            i) Traditional building materials including stock brick, plain clay tiles, hanging tiles and timber weatherboarding which reflect the local vernacular of Lenham; and

            ii) Incorporate a bat box to the boundary facing elevation of every dwelling at a height of at least 5m above ground level and a minimum of two swift bricks to either the north or the west elevation of every dwelling at a height of at least 5m above ground level, and

            iii) The use of cricket ball impact resistant glazing and roofing materials in the construction of west facing elevations of the dwellings on plots 14, 15, 16, 17, 18 and 19.

           

            The development shall thereafter be constructed using the approved materials unless otherwise agreed in writing by the Local Planning Authority;

           

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings, and in the interests of avoiding conflict between adjacent land uses.

 

(3)        No development shall take place until details in the form of large scale drawings (at a scale of 1:20 or 1:50) of the following matters have been submitted to and approved in writing by the Local Planning Authority;

           

            i) Details of the roof overhangs and eaves, which shall include exposed rafter feet and soffits (which shall be  constructed of timber); and

            ii) Details of windows and doors (which shall be constructed of timber) and recesses/reveals (which shall be a minimum of 70mm); and

            iii) Details of the junction of the timber boarding and the brickwork; and

            iv) Details of decorative brick work including arches to fenestration, string courses and plinths.

           

            The development shall be undertaken in accordance with the approved details and maintained thereafter;

           

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(4)        The development shall not commence until details of all external lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority, and shall include the following:

                       

            i) A layout plan (showing spillage and luminance levels) with beam orientation and a scheme of equipment in the design (luminaire, type, mounting height, aiming angle and luminaire profiles).

            ii) A schedule of proposed hours of use for the different components of the submitted light scheme

            iii) Details of measures to shield and direct light from the light sources so as to prevent light pollution and in order to minimise any impact upon ecology.

                       

            The lighting, which shall minimise light spillage to surrounding land, shall be installed, maintained and operated in accordance with the approved details and maintained thereafter unless the Local Planning Authority gives its written consent to any variation;

                       

            Reason: To prevent light pollution in the interests of the safeguarding of biodiversity assets, ensure a satisfactory appearance to the development and a high quality of design, and safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings

 

(5)        The development shall not commence until details of all fencing, walling and other boundary treatments have been submitted to the Local Planning Authority and approved in writing. The submitted details shall include:

                       

            i) Details in the form of drawings to an appropriate scale of 1:20 or 1:50 and a sample panel of all proposed retaining walls within the site, which shall have a maximum height of 1m when measured against the highest adjacent approved ground level within the site; and

            ii) Post and rail fencing of a height of no more than 1m to define garden areas.

                       

            The details shall not include any means of enclosure forward of any front elevation to any dwelling in order to maintain the openess of the site.

                       

            The development shall be carried out in accordance with the approved details before the first occupation and maintained thereafter;

                       

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, and to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(6)        The development shall not commence until details, in the form of large scale drawings of the netting and its precise siting along the western boundary of the site between the rear boundary of 72 High Street to the corner of the Lenham Cricket Ground to the north east of the pavilion, and a product specification, of a permanent retractable cricket ball stop net with a minimum height of 8m from adjacent ground level, have been submitted to, and approved in writing, by the Local Planning Authority in consultation with Sport England and the ECB.

           

            The cricket ball stop net shall thereafter be installed in strict accordance with the approved details prior to commencement of the development, and shall be maintained as such thereafter unless otherwise agreed in writing by the Local Planning Authority; 

           

            Reason: in the interest of preventing conflict between neighbouring land uses by way of protecting human health and property.

 

(7)        No development shall take place 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. The details submitted shall include drawings to an appropriate scale of 1:20, or 1:50 of all retaining walls and their relationship to adjoining buildings. The development shall be completed strictly in accordance with the approved levels;

                       

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings and secure the residential amenity of the occupiers of neighbouring dwellings.

 

(8)        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by any order revoking and re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Class(es) A, B, C, D, E, F, G and H and Schedule 2, Part 2, Class A to that Order shall be carried out without the prior written permission of the Local Planning Authority;

                       

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings and secure the residential amenity of the occupiers of neighbouring dwellings.

 

(9)        The approved details of the parking, garaging and turning areas and visibility splays as shown on drawing number 13-0158-04 rev A received 4th March 2015 shall be completed before the commencement of the use of the land or buildings hereby permitted and available for such use. No development whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 as amended (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, garaging and turning provision is likely to lead to parking inconvenient to other road users and result in conditions detrimental to the interests of road safety.

 

(10)      The approved details of the access and visibility splays as shown on drawing number TPHS/047/DR/003 Rev A (Appendix H to TPHS Transport Statement Report) received 25th July 2014 shall be completed before occupation of the development. The access shall be maintained thereafter unless with the agreement in writing of the Local Planning Authority and the visibility splays be kept free of obstruction above a height of 1.2m above ground level;

                       

            Reason: Development without appropriate provision for vehicular and pedestrian access and egress and visibility splays will give rise to conditions detrimental to the interests of highway and pedestrian safety.

 

(11)      No part of the development hereby permitted shall be occupied until all works necessary to provide the approved access arrangements and double yellow lines on either side of the site access, extending across the existing access to the garage serving number 23 Maidstone Road and across the frontage of number 31 Maidstone Road, have been constructed and completed to the satisfaction of the Highway Authority;

                       

            Reason: In the interests of highway and pedestrian safety.

 

(12)      The development hereby permitted shall not commence until a detailed sustainable surface water drainage scheme for the site based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development has been submitted to the Local Planning Authority and approved in writing in consultation with the Lead Local Flood Authority.

           

            The drainage details submitted to the Local Planning Authority shall:

           

            Include details of all sustainable drainage features; and

            Specify a timetable for implementation; and

            Provide a long term management and maintenance plan for the lifetime of the development which shall specify the responsibilities of each party for the implementation of the SUDS scheme and any other arrangements to secure the operation of the scheme throughout its lifetime; and

            Relevant manufacturers details on all SUDS features.

           

            The development shall be carried out in accordance with the approved details and maintained thereafter unless with the agreement in writing of the Local Planning Authority;

             

            Reason: To reduce the impact of flooding on the proposed development and prevent any impact from the development on surface water storage and flood, and future occupiers.

           

 

(13)      The development shall not commence until details of foul water drainage have been submitted to and approved by the Local Planning Authority in consultation with Southern Water. The development shall be carried out and maintained thereafter in strict accordance with the approved details;

           

            Reason: In the interest of pollution and flood prevention.

 

(14)      The development hereby permitted shall be undertaken strictly in accordance with the recommendations of the Phase I Habitat Survey (undertaken by Arbtech) received 9th October 2014, and all precautionary works recommended by the  Phase I Habitat Survey shall be carried out during the reptile active season approximately April to September depending on weather conditions);

           

            Reason: in the interests of safeguarding biodiversity assets.

 

(15)      The development shall not commence until details of the proposed materials to be used in the surfacing of all access roads, parking and turning areas and pathways within the site, the detailed design of kerb-stones/crossing points which shall be of a wildlife friendly construction, and the use of variable surfacing materials to indicate areas for parking within the square, have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details and maintained thereafter;

           

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings, and safeguard biodiversity assets.

 

(16)      The works comprised in Phase 2 (units 14 - 19 inclusive) of the development hereby permitted shall not be commenced before the works comprised in Phase 1 (units 1 - 13 inclusive, and units 20-24 inclusive) are completed;

           

            Reason: to secure an appropriate phasing of the development and safeguard the early establishment of strategic landscaping to the western boundary of the site in order to ensure a satisfactory appearance to the development, and safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(17)      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 those to be removed and retained, together with measures for the protection of retained trees in the course of development  in the form of a Tree Protection Plan in accordance with BS5837:2012 and a programme for the approved scheme's implementation and long term management.

 

The landscape scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines (Harrietsham to Lenham Vale landscape type) and shall be based on the principles shown on drawing number as shown on drawing number 13-0158-04 rev D received 10th April 2015. The landscape scheme shall include the following, inter alia:

 

The retention of all trees and hedges identified as such in the Ben Larkham Associates Arboricultural Impact Assessment (reference tr-1117-14) received 25th July 2014; and

 

Landscaped buffer zones to the western boundary and south east corner of the site, which shall include the planting of a woodland belt of semi-mature trees of minimum nursery light standard size or equivalent of a species mix of Field Maple, Holly, Hazel, Hawthorn and Silver Birch to provide strategic screening of the site; and

 

A "green" in the west of the site, and a landscaped area adjacent to the site access.

 

The landscaping scheme shall include the provision of cordwood greater than 150mm in diameter arising from tree clearance retained and stacked safely within landscaped areas and other appropriate features of biodiversity enhancement.

 

The implementation and long term management plan shall include long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned, domestic gardens.

 

The landscaping of the site and its management thereafter shall be carried out in accordance with the approved details over the period specified;

 

Reason: To safeguard existing trees and hedges to be retained, ensure a satisfactory appearance to the development and a high quality of design, and safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(18)      The planting, seeding and turfing specified in the approved landscape details pertaining to the landscape buffer along the western boundary of the site shall be carried out during the first planting season (October to February) following completion of phase 1 of the development (units 14-19 inclusive), and all planting, seeding and turfing specified in the approved landscape details shall be completed during the first planting season (October to February following first occupation of the development hereby permitted. Any seeding or turfing which fails to establish or any trees or plants which, within ten years from the first occupation of the development, die or become so seriously damaged or diseased that their long term health has been adversely affected shall be replaced in the next planting season with plants of the same species and size as detailed in the approved landscape scheme unless the Local Planning Authority gives written consent to any variation;

 

Reason: To safeguard proposed landscaping and existing trees and hedges to be retained, ensure a satisfactory appearance to the development and a high quality of design, and safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(19)      No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of:

             

            i) Archaeological field evaluation works undertaken in accordance with a specification and written timetable which has been submitted to and approved by the Local Planning Authority; and

            ii) 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.

 

(20)      The development shall not commence until, details of the refuse and cycle storage facilities on the site have been submitted to and approved in writing by the Local Planning Authority and the approved facilities shall be provided before the first occupation of the buildings or land and maintained thereafter;

           

            Reason: no such details have been submitted and to ensure a satisfactory appearance to the development and a high quality of design, and to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(21)      No external meter cupboards, vents, or flues shall be installed on any external elevation without the prior agreement in writing of the Local Planning Authority;

           

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, and to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings.

 

(22)      The development hereby permitted shall be carried out in accordance with the following approved plans:

           

            drawing numbers SK01 and T13128 received 25th July 2014; drawing numbers 13-0158-01 rev A, 13-0158-03 and 13-0158-04 received 28th July 2014; drawing numbers 13-0158-10 rev A, 13-0158-11 rev A, 13-0158-16 rev A, 13-0158-17 rev A, 13-0158-21 rev A, 13-0158-22 rev A, 13-0158-23 rev A, 13-0158-24 rev A, 13-0158-25 rev A, 13-0158-26 rev A, 13-0158-27 rev A, 13-0158-28 rev A, 13-0158-29 rev A, 13-0158-31 rev A, 13-0158-32 rev A, 13-0158-33 rev A, 13-0158-40 rev A, 13-0158-41 rev A, 13-0158-42 rev A, 13-0158-46 rev A, 13-0158-50 rev A, 13-0158-51 rev A and 13-0158-52 rev A received 21st August 2014; drawing numbers 13-0158-30 rev A, 13-0158-35 rev A, 13-0158-36 rev A, 13-0158-37 rev A and 13-0158-38 rev A received 39th August 2014; drawing numbers 13-0158-05 rev B and 13-0158-07 rev A received 9th October 2014; drawing numbers 13-0158-06 rev C, 13-0158-15 rev A, 13-0158-18 rev B, 13-0158-20 rev B, 13-0158-45 rev B and 13-0158-47 rev C received 2nd April 2015; drawing number 13-0158-06 rev D received 8th April 2015; drawing number 13-0158-04 rev D received 10th April 2015; and drawing number 13-0158-07 rev B received 14th April 2015;

           

            supported by a Design and Access Statement (undertaken by Hume Planning Consultancy); Planning Statement (undertaken by Hume Planning Consultancy), Arboricultural Impact Assessment (undertaken by Ben Larkham Associates reference tr-1117-14), Landscape and Visual Impact Assessment Report (undertaken by David Hares Landscape Architecture reference 227-01-01 and 227-01-02), Bat Emergence Survey (appendices only) (undertaken by Arbtech), Drainage Impact and Flood Risk Assessment (undertaken by BSF Consulting Engineers reference 15304 rev 2.2), Transport Statement Report (undertaken by TPHS) and Statement of Community Involvement (undertaken by Hume Planning Consultancy) received 25th July 2014; a Heritage Impact Assessment (undertaken by Purcell) received 21st August 2014; and a Bat Emergence Survey (undertaken by Arbtech) and Phase I Habitat Survey (undertaken by Arbtech) received 9th October 2014; and Visual Impact Assessment Appendices (undertaken by David Hares Landscape Architecture reference 227-01-01 and 227-01-02) received 14th April 2015;

           

            Reason: To ensure a satisfactory appearance to the development and a high quality of design, to safeguard and enhance the character and appearance of the Lenham Conservation Area and the setting of adjacent listed buildings, and in the interests of avoiding conflict between adjacent land uses.

 

 

INFORMATIVES

 

(1)        The landscaping details required by condition 15 above should be worked up in discussion with Ward Members and the Parish Council in order for the historic use of the site to be appropriately referenced in the design of a public area of open space within the site.

 

(2)        There is suitable habitat within the site for breeding birds within the site. All nesting birds and their young are legally protected under the Wildlife and Countryside Act 1981 (as amended). We advise that all vegetation and buildings are removed outside of the breeding bird season (March to August). If that is not possible an ecologist must examine the site prior to works starting and if any nesting birds are recorded all works must cease until all the young have fledged.

 

(3)        The lighting scheme provided in accordance with condition 11 should adhere to the following advice from the Bat Conservation Trust and Institution of Lighting Engineers.

           

            Bats and Lighting in the UK

           

            Summary of requirements

           

            The two most important features of street and security lighting with respect to bats are:

           

            1. The UV component. Low or zero UV installations are preferred to reduce attraction of insects to lighting and therefore to reduce the attraction of foraging bats to these areas.

            2. Restriction of the area illuminated. Lighting must be shielded to maintain dark areas, particularly above lighting installations, and in many cases, land adjacent to the areas illuminated. The aim is to maintain dark commuting corridors for foraging and commuting bats. Bats avoid well lit areas, and these create barriers for flying bats between roosting and feeding areas.

           

            UV characteristics:

           

            Low

           

            Low pressure Sodium Lamps (SOX) emit a minimal UV component.

           

            High pressure Sodium Lamps (SON) emit a small UV component.

           

            White SON, though low in UV, emit more than regular SON.

           

            High

           

            Metal Halide lamps emit more UV than SON lamps, but less than Mercury lamps

           

            Mercury lamps (MBF) emit a high UV component.

           

            Tungsten Halogen, if unfiltered, emit a high UV component

           

            Compact Fluorescent (CFL), if unfiltered, emit a high UV component.

           

            Variable

           

            Light Emitting Diodes (LEDs) have a range of UV outputs. Variants are available with low or minimal UV output. Glass glazing and UV filtering lenses are recommended to reduce UV output.

           

            Street lighting

           

            Low-pressure sodium or high-pressure sodium must be used instead of mercury or metal halide lamps. LEDs must be specified as low UV. Tungsten halogen and CFL sources must have appropriate UV filtering to reduce UV to low levels.

           

            Lighting must be directed to where it is needed and light spillage avoided. Hoods must be used on each lamp to direct light and contain spillage. Light leakage into hedgerows and trees must be avoided.

           

            If possible, the times during which the lighting is on overnight must be limited to provide some dark periods. If the light is fitted with a timer this must be adjusted to reduce the amount of 'lit time' and provide dark periods.

           

            Security and domestic external lighting

           

            The above recommendations concerning UV output and direction apply. In addition:

           

            Lighting should illuminate only ground floor areas -light should not leak upwards to illuminate first floor and higher levels;

           

            Lamps of greater than 2000 lumens (150 W) must not be used;

           

            Movement or similar sensors must be used -they must be carefully installed and aimed, to reduce the amount of time a light is on each night;

           

            Light must illuminate only the immediate area required, by using as sharp a downward angle as possible;

           

            Light must not be directed at or close to bat roost access points or flight paths from the roost -a shield or hood can be used to control or restrict the area to be lit;

           

            Wide angle illumination must be avoided as this will be more disturbing to foraging and commuting bats as well as people and other wildlife;

           

            Lighting must not illuminate any bat bricks and boxes placed on buildings, trees or other nearby locations.

 

(4)        A formal application for connection to the public sewerage system is required to service this development. Please contact Southern Water, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (0330 303 0119 or www.southernwater.co.uk).

 

(5)        The details submitted in accordance with condition 12 above (surface water drainage) shall include run off from include run off from all hard surfaces, as well as all roofs. Please note that soakaways require adequate separation distances must be allowed from boundaries, building foundations and other soakaways, and an appropriate arrangement must be demonstrated prior to any construction.

 

(6)        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.

 

(7)        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.

 

(8)        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 Environmental Health Manager.

 

(9)        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.

 

(10)      Adequate and suitable provision in the form of water sprays should be used to reduce dust from the site.

            If the existing premises, including outbuildings, are found to contain asbestos based material the following informative must also be complied with:

             

            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.

           

            As the development involves demolition and/or construction,compliance with the Mid Kent Environmental Code of Development Practice is expected. 

           

 

(11)      Care should be taken during and after construction to ensure that all fuels, oils and any other potentially contaminating materials should be stored (for example in bunded areas secured from public access) so as to prevent accidental/unauthorised discharge to ground. The areas for storage should not drain to any surface water system.

           

            Where it is proposed to store more than 200 litres (45 gallon drum = 205litres) of any type of oil on site it must be stored in accordance with the Control of Pollution (oil storage) (England) Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored.

           

            All precautions must be taken to avoid discharges and spills to the ground both during and after construction. For advice on pollution prevention, the applicant should refer to Environment Agency guidance PPG1 General guide to prevention of pollution, which is available on online at www.environment-agency.gov.uk https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/290124/LIT_1404_8bdf51.pdf ).

 

(12)      Clean water from a roof will be acceptable discharging to ground via soakaway, provided that all roof down pipes are sealed against pollutants entering the system from surface run-off, effluent disposal or other forms of discharge. The method of discharge must not create new pathways for pollutants to groundwater or mobilise contaminants already in the ground.

             

            Soakaways constructed for the discharge of clean roof water should be no deeper than one metre below ground level. No soakaway should be sited in or allowed to discharge into land impacted by contamination or land previously identified as being contaminated. There should also be no discharge to made ground. Roof drainage going to soakaway is generally acceptable, but other surface drainage may need to go through treatment systems or to foul main, for instance from vehicle parking areas

 

(13)      Please note that the CLAIRE Definition of Waste: Development Industry Code of Practice (version 2) provides operators with a framework for determining whether or not excavated material arising from site during remediation and/or land development works are waste or have ceased to be waste.

           

            Please also note that contaminated soil that is excavated, recovered or disposed of, is controlled waste. Therefore its handling, transport, treatment and disposal is subject to waste management legislation which includes:

           

            i.          Duty of Care Regulations 1991

            ii.          The Waste (England and Wales) Regulations 2011

            iii.         Hazardous Waste (England and Wales) Regulations 2005

            iv.        Pollution Prevention and Control Regulations (England and Wales) 2000

            v.         Environmental Permitting (England and Wales) Regulations 2010

 

(14)      The details required by condition 18 (archaeology) above should include provision for the disturbance of human remains associated with burials on the church site.

 

(15)      For the avoidance of doubt, the approved layout (subject to details required by way of conditions) is that shown on drawing number 13-0158-04 rev D received 10th April 2015.

 

 

The Council's approach to this application:

 

In accordance with paragraphs 186 and 187 of the National Planning Policy Framework (NPPF), the Council takes a positive and proactive approach to development proposals focused on solutions.  We work with applicants/agents in a positive and proactive manner by:

 

Offering pre-application advice.

Where possible, suggesting solutions to secure a successful outcome.

As appropriate, updating applicants/agents of any issues that may arise in the processing of their application.

 

In this instance:

 

The applicant/agent was advised of minor changes required to the application and these were agreed.

The applicant/agent was provided formal pre-application advice.

The application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the Committee and promote the application.

 

Case Officer: Catherine Slade

 

NB       For full details of all papers submitted with this application please refer to the relevant        Public Access pages on the council’s website.

            The conditions set out in the report may be subject to such reasonable change as is          necessary to ensure accuracy and enforceability.