Item 11, Pages 18-71
5 Tonbridge Road
Changes to conditions and informatives
Delete condition 19 (below) as the condition is not considered to meet the tests set out in the NPPG as it would be unenforceable and unreasonable, duplicating the responsibilities of KCC Highways and the Police.
(19) Prior to the commencement of development in any phase or sub-phase details of
facilities, by which vehicles will have their wheels, chassis and bodywork cleaned so
as to be free of mud and similar substances at the application site, details of
construction vehicle loading/unloading and turning facilities and details of parking
facilities for site personnel and visitors during construction phase for that phase or
sub-phase shall be submitted to approved in writing by the Local Planning Authority.
The approved facilities shall be provided prior to construction work in any phase or
sub-phase commencing on site and maintained as such in an effective working
condition and used before vehicles exit the site and enter onto the adopted highway
for duration of the construction works.
Reason: To ensure that no mud or other material is taken from the site on to the
neighbouring highway by wheels of vehicles leaving the site to the detriment of
highway safety and the amenities of local residents and to ensure that adequate
space is available on site to ensure construction phase can be carried out without a
detrimental impact on highway safety and local amenities. Details are required prior
to commencement in any phase or sub-phase to avoid unacceptable implications
during the construction phase.
Add the following Informative to provide advice on mud deposits on the highway :
The developer should implement a scheme for the use of wheel cleaning, dust laying and road sweeping, to ensure that vehicles do not deposit mud and other materials on the public highway in the vicinity of the site or create a dust nuisance.
Remove condition 22 (below) relating to foul drainage, as based on recent advice from Southern Water, their powers under the Water Act 1991 and their responsibilities negate the need for a planning condition to replicate legislation elsewhere.
(22) Construction of any phase or sub-phase development shall not commence until
details of the proposed means of foul drainage for that phase or sub-phase have
been submitted to and approved in writing by the Local Planning Authority in
consultation with Southern Water.
Reason: To avoid pollution of the surrounding area and required prior to
commencement of development in any phase or sub-phase due to the means of foul
drainage suggested in the planning application and the implications this may have on
the layout of the development.
Recommendation as set out at 8.0 of the report be amended to read :
The Head of Planning and Development BE DELEGATED POWERS TO GRANT planning permission subject to the prior completion of a legal agreement to provide the following (including the Head of Planning and Development being able to settle or amend any necessary terms of the legal agreement in line with the matters set out in the recommendation resolved by Planning Committee)
Conditions set out in 8.0 to remain unchanged except for the deletion of conditions 19 and 22 and the re-numbering accordingly.