That subject to the prior completion of a Section 106 legal agreement in such terms as the Head of Legal Services may advise to secure the following:
A lumps sum contribution of £240,000.00 towards affordable housing provision off-site
£18,864 towards NHS Provision
£22,050.00 towards off site provision of public open space,
£ 672.00 towards library book stock
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 hereby permitted shall be carried out in accordance with the following approved drawings and submissions:
Drawings : 14.093.02.C; 14.093.03.A; 14.093.04; 14.093.05; 14.093.07; 14.093.08; 14.093.09; 14.093.10.A; 14.093.11.A; 14.093.12; 14.093.13; SDS204336.01; SDS204336.02; SDS204336.03; SDS204336.04; SDS204336.05; SDS204336.06; 2243/15/B/3; 2243/15/B/4
Documents: Housing Types; Power Details Planning Statement; Design and Access Statement; Archaeology Desk Based Assessment; Flood Risk Assessment; Economics Benefits Statement; Landscape Strategy; Landscape Visual Impact Assessment ; Tree Survey; Phase 1 Habitat Survey; Statement of Community Involvement; Transport Statement; Geo Environmental Investigation ; Sustainability Report; Landscape Strategy ; Utilities Report; Strutt and Parker Marketing Information ; Quinton Edwards Marketing Information.
Reason: to ensure that the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers.
3. The development shall not commence until written details and samples of the materials to be used in the construction of the external surfaces, including hard surfaces, of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. 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.
4. The development shall not commence until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, using indigenous species which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management. The landscape scheme shall be designed using the principles established in the Council's adopted Landscape Character Assessment 2012 and Maidstone Landscape Character Assessment Supplement 2012 (Harrietsham to Lenham Vale landscape type), and shall include, inter alia, all trees and hedges identified for retention in the LaDellWood Tree Survey submitted in support of this application.
Reason: To safeguard existing trees and hedges to be retained and ensure a satisfactory external appearance to the development.
5. 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 buildings 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 external appearance to the development.
6. The development shall not commence until an Arboricultural Method Statement (AMS) and Tree Protection Plan (TPP) including details of any tree works that would be necessary to implement the proposal, which shall include details of all trees to be retained and the proposed measures of protection, undertaken in accordance with BS 5837:2012 "Trees in relation to design, demolition and construction - Recommendations" has been submitted to and approved in writing by the Local Planning Authority. The AMS shall include full details of areas of hard surfacing within the root protection areas of retained trees which should be of permeable, no-dig construction and full details of foundation design for all buildings within root protection zones, where the AMS identifies that specialist foundations are required. 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, ensure a satisfactory setting and external appearance to the development.
7. Development shall not begin until a detailed sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The detailed drainage scheme shall demonstrate that the surface water runoff rate and volume disposed off-site is restricted to that of the existing site without any increase to the on/off-site flood risk (during any rainfall events up to and including the climate change adjusted 100yr critical storm).
· No building hereby permitted shall be occupied until details of the implementation, maintenance and management of the sustainable drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:
· a timetable for its implementation, and;
· a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage system throughout its lifetime.
Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal and to ensure ongoing efficacy of the drainage provisions.
8. . No development shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:
· A preliminary risk assessment which has identified:
· all previous uses; and potential contaminants associated with those uses; and
· a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.
· A site investigation scheme, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
· The results of the site investigation and detailed risk assessment shall inform an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
· A verification plan providing details of the data collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
· Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented in full as approved.
Reason: to prevent pollution to the environment.
9. No occupation of development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved unless with the written agreement of the Local Planning Authority;
Reason: to prevent pollution of the environment.
10. If, during development, contamination not previously identified is found to be present at the site then no further development, unless otherwise agreed in writing with the Local Planning Authority, shall be carried out until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.
Reason: to prevent pollution of the environment.
11. No development shall take place until full details, in the form of drawings to an appropriate scale, of all piling and any other foundation designs using penetrative methods which do not result in unacceptable risk to groundwater have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with the approved details unless agreed in writing with the Local Planning Authority;
Reason: to prevent pollution to the environment.
12. 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 and the development shall be completed strictly in accordance with the approved levels;
Reason: In order to secure a satisfactory form of development.
13. Notwithstanding the observations, details and conclusions set out in the Ecology Phase 1 Habitat Survey prepared for this site by LaDellWood and dated June 2015, the development shall not commence until a long term management plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority. The content of the LEMP shall incorporate the following:
a) Description and evaluation of features to be managed;
b) Ecological trends and constraints on the site that might influence management;
c) Aims and objectives of management;
d) Appropriate management options for achieving aims and objectives;
e) Prescriptions for management actions;
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);
g) Details of the body or organisation responsible for implementation of the plan;
h) Ongoing monitoring and remedial measures.
ii) Specific details and locations of the biodiversity enhancement measures and the inclusion of enhancement measures to be incorporated into the fabric of buildings.
j) Details of the management of open space areas to provide biodiversity enhancement.
The approved plan will be implemented in accordance with the approved details.
Reason: To secure appropriate management and enhancement within the site in the interests of ecology and biodiversity.
14. The development shall not commence until details of any external lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include, inter-alia, 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 development shall be carried out in accordance with the approved details and maintained thereafter;
Reason: To prevent light pollution in the interests of the character, amenity and biodiversity of the area.
15. Prior to commencement of the development hereby approved details of the method of foul and surface water disposal, general waste disposal and potable water provision shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be in place before first occupation of the development and retained as such at all times thereafter. Reason: in the interests of health and safety and to prevent water pollution.
16. The vehicular access to the site shall be constructed of a bound surface for at least the first 5 metres of the access from the edge of the highway. Reason: in the interests of highway safety.
17. Prior to the occupation of the dwelling details of the location and numbers of log piles, bird, dormice and bat boxes to be placed on the site shall be submitted to and agreed by the local planning authority. The development shall thereafter be carried out in accordance with the subsequently approved details
Reason: In the interests of biodiversity and ecology in accordance with the NPPF.
18. The development shall not commence until details of how decentralised and renewable or low-carbon sources of energy will be incorporated into the development hereby approved have been submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details and all features shall be maintained thereafter.
Reason: To ensure an energy efficient form of development.
(1) The lighting scheme provided 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.
Low pressure Sodium Lamps (SOX) emit a minimal UV component.
Hgh pressure Sodium Lamps (SON) emit a small UV component.
White SON, though low in UV, emit more than regular SON.
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.
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.
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.
(2) 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).
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, Sparrowgrove House, Sparrowgrove, Otterbourne, Hampshire SO21 2SW (0330 303 0119 or www.southernwater.co.uk).
(3) 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 Environmental Health Manager regarding noise control requirements.
Plant and machinery used for demolition and construction shall only be operated within the application site between 0800 hours and 1900 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sunday and Bank Holidays.
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.
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.
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.
(4) 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.
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
NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website.
5. Highway Informatives
i. Provision of shall be made on site for loading, unloading and turning facilities for construction vehicles prior to commencement of work on site. These facilities shall remain on site for the duration of construction.
ii. Parking facilities for site personnel and visitors shall be made prior to commencement of work on site and retained in situ for the duration of construction.
iii. Provision of measures shall be made to prevent the discharge of surface water onto the highway.
iv. Wheel washing facilities shall be provided prior to commencement of work on site and maintained in situ for the duration of construction. Vehicle parking spaces and garages as well as vehicle loading/unloading and turning facilities shown on the submitted plans shall be constructed and be ready for use prior to the use of the site commencing.