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Report for MA 13 1570

APPLICATION:       MA/13/1570    Date: 10 September 2013   Received: 11 September 2013

 

APPLICANT:

Ramac Group Ltd.

 

 

LOCATION:

8, FAVERSHAM ROAD, LENHAM, MAIDSTONE, KENT, ME17 2PN     

 

PARISH:

 

Lenham

 

 

PROPOSAL:

Demolition of existing fire damaged building (class A1 retail use and B1 office use) and the erection of a mixed used development comprising class A1 retail use at ground floor level and 4no. two bedroom apartments at first floor level as shown on drawing nos. PL01, PL02, PL16A, PL18, PL19A received on 10th September 2013, and PL12A, PL13A and 102 received on 3rd December 2013, and PL03A, PL14A, PL15A, and PL17B received on 31st March 2014.

 

AGENDA DATE:

 

CASE OFFICER:

 

10th April 2014

 

Richard Timms

 

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

 

    ●    It is contrary to views expressed by Lenham Parish Council and they have requested the application be reported to Planning Committee for the reason set out in the report.

    ●    Former Councillor Tom Sams requested it be reported for the reason set out in the report.

 

1.       POLICIES

 

Maidstone Borough-Wide Local Plan 2000:  ENV6, ENV34, H27, T13, R1, R10
Government Policy:  National Planning Policy Framework 2012 (NPPF), National Planning Practice Guidance 2014 (NPPG)

 

2.       HISTORY

 

MA/13/1571 - Conservation Area consent for the demolition of existing fire damaged building – APPROVED WITH CONDITIONS

MA/03/0777 - Variation of condition 1 of previous permission, MA/01/0287, to continue use of building/land as a dance studio – APPROVED WITH CONDITIONS

MA/03/0742 - Erection of building mounted satellite dish – APPROVED WITH CONDITIONS

MA/89/2086 - Extend existing ground floor offices construct new pitched roof over existing offices with new offices in roof space – WITHDRAWN

MA/81/1405 - Change of use from light industrial to builders workshop and office and erection of covered way – APPROVED WITH CONDITIONS

MA/78/0055 - Use of building for purpose of toolmaking – APPROVED WITH CONDITIONS

66/0262/MK2 - Alterations, extensions and rebuilding of shop – APPROVED WITH CONDITIONS

62/0329/MK2 - Conversion of premises into joinery, timber store and works with offices over – APPROVED WITH CONDITIONS

 

57/0099/MK2 - Extensions to existing store – APPROVED WITH CONDITIONS

50/0120B/MK2 - Renewal of planning permission - Agricultural shop etc – APPROVED WITH CONDITIONS

50/0120A/MK2 - Agricultural machinery shop, showroom and stores – APPROVED WITH CONDITIONS

3.       CONSULTATIONS

 

3.1        Lenham Parish Council: Wish to see the application refused and request the application is reported to Planning Committee for the planning reason set out below:

 

“Highway Issues: Limited parking provision which is inadequate for expected use, leading to the extra burden on the surrounding parking facilities, which are already heavily used and regularly congested. Lack of space for safe manoeuvrability of large delivery lorries, which will be visiting the site several times a day from 6am and will need to reverse along a narrow side entrance. The extremely narrow pavement which leads to The Square, which will prove challenging for wheelchair/pram use particularly where the road becomes a pinch point south of the site.

 

Noise, air and light pollution associated with extended opening hours; accumulation of waste products, the storage of bins (possible vermin infestation) and the removal of the rubbish by large lorries.

 

Loss of amenity for local residents many of whom are senior citizens. 

 

Proximity to Conservation Area with possible damage to existing listed buildings during construction phase and afterwards the vibration from increased heavy vehicle movement.

 

Design: The four flats above the retail area are designed with only one access/exit point and no provision of emergency exits. Natural light into the flats is very limited and the ridge height is not in keeping with the surrounding buildings.

 

Concerns that emergency vehicles may be unable to freely access the site.”

 

3.2     Kent Highway Services: No objections subject to the following conditions:

 

1.     Minor alterations to the site entrance are required in order to allow ease of access to and from the site. The current arrangement improves pedestrian visibility but could lead to conflict when vehicles entering and leaving the site at the same time.

2.   Alterations are required to the existing parking bay to enable deliveries to be made and a new parking bay provided further to the north on Faversham Road.

3.   Provision and permanent retention of the vehicle parking spaces shown on the submitted plans prior to the use of the site commencing.

4.   Provision and permanent retention of the vehicle turning facilities shown on the submitted plans prior to the use of the site commencing.

5.   Provision and permanent retention of the cycle parking facilities shown on the submitted plans prior to the use of the site commencing.

6.   Completion and maintenance of the access shown on the submitted plans prior to the use of the site commencing.

 

3.3    MBC Environmental Health Manager: No objections subject to a restriction on use and delivery hours being from 7am to 10pm.

 

3.4    MBC Conservation Officer: No objections subject to materials and joinery details.

 

3.5    KCC Heritage: No objections subject to archaeology conditions.

 

3.6    English Heritage: The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

 

3.7    KCC Ecology: No objections subject to the recommendations in the ecological appraisal being implemented including timings of any demolition, bird boxes, bat tile or tubes and native landscaping.

 

3.8    Kent Police: No objections

 

4.       REPRESENTATIONS
 

4.1     Hugh Robertson MP (Faversham & Mid Kent): Agrees with Lenham Parish Council’s recommendation of refusal and very much hopes the planning committee will reject this application.

 

4.2     Local Residents: 68 representations received raising the following (summarised) points:

 

  • Harmful impact upon local shops and businesses.
  • Existing shops are sufficient for everyday needs.
  • Ruin commercial character of village.
  • Harm to tourism.
  • Highways safety issues.
  • Pedestrian safety issues.
  • Lack of parking for proposed uses and dance studio.
  • Noise and disturbance.
  • Pollution.
  • Light pollution.
  • Loss of privacy/overlooking.
  • Overshadowing.
  • Visual appearance is not in keeping.
  • Eyesore.
  • Loss of office use.
  • Anti-social behaviour may occur.
  • Increase in litter.
  • Many elderly residents live nearby.
  • Potential damage during construction.
  • Water run-off.
  • Lack of detail on lighting.
  • Harm to community spirit.
  • No objections.
  • Loss of value.

 

4.3     Petition: ‘Say No to The Co-operative’ petition of 550 signatures from Lenham Village Stores has been submitted.

 

4.4     CPRE: Raise the following (summarised) issues: Highway safety/parking/noise and disturbance.

 

4.5     Former Councillor Tom Sams: “This application is one that has caused much discussion and interest within the community. The provision of this retail outlet, and apartments adjacent to a conservation area, should be treated with the utmost sensitivity. I would like local residents to have the opportunity to put forward their views to the planning committee, and members to in particular review highway implications as well as the wider potential impact to Lenham square.”

 

5.       CONSIDERATIONS

 

5.1    Introduction

 

5.1.1  This is an application for the demolition of an existing fire damaged building (retail and office use), and the erection of a two storey building with class A1 retail use at ground floor level and four, two bedroom apartments at first floor level at 8 Faversham Road, Lenham.

 

5.2    Site Description

 

5.2.1  The application site comprises a two storey building to the front which has a large single storey addition to the rear. The two storey part is of red brick under a tiled roof with modern windows. There is an existing shop front on the south side from the previous retail use side, which features stone cladding. The rear single storey part is of different design and has white painted breeze block walls with a corrugated iron roof.

 

5.2.2  The building is unoccupied following a fire in 2010 but its lawful use is primarily for A1 retail (former ironmongers: 260m2) and an element of B1 offices (155m2). The site is on the east side of Faversham Road just north of the village Square. There are accesses on the south and north sides of the building and to the rear is a detached single storey building, which is used as a dance studio. The Conservation Area boundary runs along the south edge of the front building and then heads north over part of the rear of the building. There are Grade II* and II listed buildings to the south which front ‘The Square’ and there is an Ancient Scheduled Monument on the opposite side of the road (18th century ‘lock up’). ‘The Square’ is a defined local retail centre under policy R10 of the Local Plan and its boundary runs along the south edge of the site. Residential properties are located to the south, west, east and north, and to the north comprise sheltered housing for over 65 year olds. The site also falls within a Special Landscape Area.

 

5.3    Proposal

 

5.3.1  Permission is sought to replace the main building to the front/centre of the site with a two storey building. The dance studio would remain. The new building would have a rectangular footprint around 14.5m x 28.5m and be set on a similar building line as the existing building between 2-2.5m from the road edge. It would be around 1m from the dwelling ‘Butchers Cottage’ to the south and 11m from the north boundary.

 

5.3.2  The building would have two ridge lines running from front to back with a valley in the middle. The roofs would be largely hipped with small gable features to the top at the front and rear. The ridge height would be 8.2m with the eaves 2.8m at the front and 4.2m to the sides and rear. There would be a combination of hipped dormer windows and conservation roof lights to the roof slopes. The ground floor to the front and northeast side would feature 1.8m x 1.4m windows with casement panels above. The building would be finished with brickwork and hung tiles to the sides, and a plain tiled roof. 

 

5.3.3  The ground floor would provide an A1 use retail unit (general shops) of around 381m2 of floorspace. The main entrance would be on the northeast side. The first floor would provide four flats each with two bedrooms, two bathrooms and a lounge/kitchen area. Access to the flats would be at the rear on the southwest side.

 

5.3.4  The vehicular access would be where the existing access is in the north corner of the site. There would be landscape areas either side of the access and a row of eight parking spaces outside the retail unit. Three further parking spaces for the retail unit would be provided outside the dance studio providing a total of eleven spaces. Four spaces for the flats would be provided near their entrance and to the south of the dance studio, as would cycle parking. This would require demolition of a small WC block. The parking area for the flats would be gated off from the rest of the site to avoid any vehicle conflicts. Bin storage for the flats would be near the flats entrance as would a retail compound. There would be an access way along the southwest side of the building to the pavement for future occupants to put their bins out.

 

5.4    Principle of Development & Main Issues

 

Retail

 

5.4.1  Policy R1 of the Local Plan relates to any retail development in the Borough and states that it can be permitted in the village settlements (such as Lenham) subject to various criteria. The site adjoins ‘The Square’ local retail centre and Policy R10 which relates to local centres states that,

 

“Proposals for further Class A1 retail development will be permitted in, or immediately adjacent to, existing district or local centres subject to the appropriate criteria in policies R1 and R2” (R2 is not relevant here)

 

5.4.2  The site already has a lawful retail use and taking this into account and the policy position, I consider the principle of retail development in this village, and adjoining the existing retail centre is acceptable.

 

5.4.3  Policy R1 allows retail development provided the following criteria are met:

 

1.   That the proposed development will not threaten the overall economic vitality and viability of established retail centres; and

 

2.   That arrangements for road access, parking and servicing of the land and buildings are adequate and that there are no highway objections; and

 

3.   That the development site is both easily and safely accessible by a reasonable choice of modes of transport and by people with disabilities; and

 

4.   That there is no significant detrimental impact on neighbouring land uses or is likely to have an adverse effect on local living conditions.

 

5.4.4  Policy R10 states that,

 

“The Borough Council will maintain existing retail uses in the defined district and local centres, consistent with their scale and function, and development which would harm their vitality and viability will not be permitted.”

 

5.4.5  Therefore the main issues are whether the proposals would harm ‘The Square’ retail centre, highways matters, accessibility, neighbouring amenity, and the visual impact of the development.

 

5.4.6  It is also notable that the NPPF at Chapter 3 (Supporting a prosperous rural economy) states that Local Planning Authorities should support the sustainable growth and expansion of all types of business and enterprise in rural areas and promote the retention and development of local services and community facilities in villages, such as local shops.

 

Residential

 

5.4.7  Policy H27 of the Local Plan allows for minor residential development within Lenham and the village is a sustainable location for additional housing development. As such the principle of the flats is acceptable and the main considerations are visual impact, residential amenity, and highways.

 

5.5    Impact upon ‘The Square’ Retail Centre

 

5.5.1  The proposal is for 381m2 of floorspace which does not exceed the threshold in the Local Plan (500m2) for more detailed scrutiny such as a retail impact assessment or application of a sequential approach, and it is notable that the threshold in the NPPF for a retail impact assessment is 2,500m2. In fact the increase of new retail floorspace amounts to some 121m2 which is significantly below the thresholds above. The NPPF also outlines at Chapter 2 that application of the sequential test or a retail impact assessment is not required where such uses are potentially allowed under the Local Plan. In this case policy R10 can potentially allow additional retail uses on the edge of the local retail centre and as such detailed retail analysis is not required.

 

5.5.2  Whilst for planning purposes the proposal is simply for an A1 use, it is necessary to give some consideration as to what type of shop the development could provide for. The building provides for a single open plan retail unit which would lend itself to a small convenience store. Such a shop would provide competition with existing convenience shops in the local centre which include a village stores, newsagents, post office, fruit and vegetable store, butchers, bakery, and chemist. However, much of the local centre is made up of specialist shops selling antiques, florists, clothing, aromatherapy, toiletries and there is also a bank, two estate agents, accountants, tea rooms, and pubs/hotel. Whilst a new convenience store would provide competition, it is considered that it is not of such a scale that would cause significant harm to local shops or the overall vitality and viability of the retail centre. Again, it is a key consideration that the floorspace does not exceed the threshold in the Local Plan (500m2) for more detailed scrutiny such as a retail impact assessment. Also, as stated previously, although fire damaged, the site does lawfully involve 260m2 of retail floorspace which is a strong material consideration. For these reasons, I do not consider an objection in terms of harm to the retail centre could be sustained.

 

5.5.3  It is noted that information relating to the ‘Southern Co-operative’ has been submitted within the planning application and this may be the planned user of the development. However, as Members are aware, any particular company that may or may not occupy the premises is not a material planning consideration.

 

5.6    Highways Matters & Accessibility

 

5.6.1 The applicant has submitted a Transport Statement, local accident data, and tracking diagrams within the site as requested by Kent Highways. Kent Highways have outlined that, “the number of traffic movements likely to be generated by both the existing use of the site and the proposed use of the site has been predicted. With a reduction of trips to take into account linked trips, the number of new trips to the store is expected to be in the region of 25 during the AM peak and 38 during the PM peak.” No objections have been raised in terms of the impact of these movements on the local highway network.

 

5.6.2 With regards to the retail use, it is proposed that delivery vehicles would park outside the shop on Faversham Road to unload as there is a lack of room within the site to provide off-street deliveries and turning space for larger vehicles. Delivery lorries would be up to 11.6m in length and there would be no articulated lorries. There will be around 5-6 deliveries per day. There are parking bays outside the site at present and following advice from Kent Highways it is proposed that these would be removed and double yellow lines installed which would allow for deliveries to be made. Kent Highways have raised no objections to this in terms of highway safety and this alteration would be sought via a Traffic Regulation Order (TRO) where local consultation would also take place. Kent Highways considered this will be required as without an area to load/unload deliveries would be likely to cause interference to the free flow of traffic on Faversham Road to the detriment of highway safety and capacity. This could be secured via a ‘Grampian’ planning condition so that the use could not take place unless the yellow lines are installed. I have discussed this proposal with the Council’s Parking Services Section and they have not identified any principle objections to this but clearly the TRO procedure will need to be carried out and any representations fully considered. Kent Highways have also advised that the parking spaces should be replaced further north which I consider is reasonable.

 

5.6.3  In terms of parking, 11 spaces would be provided for the retail use and 4 for the flats. Tracking diagrams have been submitted to demonstrate there is sufficient turning space and Kent Highways have raised no objections to this level of parking and space from highway safety aspect. Cycle parking would also be provided for the flats. The site is within reasonable walking distance of much of the village, bus stops and there is a train station, so I consider this level of parking strikes the right balance between not overly encouraging vehicle use and providing off street parking so as not to cause local highways safety issues.

 

5.6.4  The issue of pedestrian safety has been raised by local residents with reference to the width of the pavement to the site and also reference to elderly pedestrians due to sheltered accommodation for residents over 65 years of age located to the north of the site. Pedestrian trips are predicated at 79 movements for the weekday AM peak and 132 for PM with similar for a Saturday. This would mark an increase in such movements to the site. The pavement on the south side of the road from ‘The Square’ varies in width between 1.2m and 1.8m and whilst it would be preferable for a better width, Kent Highways have not raised any objection in terms of pedestrian safety. I do not consider this level of footfall (less than 2 per minute) would result in pedestrians necessarily being forced into the road.

 

5.6.5  The site is at a sustainable location in the village centre within walking distance of existing shops and a central car park. Most village occupants will be able to walk to the store and those from further a field will be able to use the store potentially as a stop gap for convenience goods which could reduce longer distance trips. Linked trips are also likely to occur due to the other shopping services in the village. I consider this is sustainable development in transport terms. There are no objections from Kent Highways in terms of the impact upon the local highway network, parking, deliveries or pedestrians. I therefore consider there are no grounds to object for highway reasons to the retail or residential proposals.

 

5.6.6  Kent Highways have requested minor changes to the access essentially removing some of the landscaping on the north side to increase the width, which can be dealt with by condition.

 

5.7    Residential Amenity

 

5.7.1  The main considerations for amenity are for existing residential properties adjacent and near to the site and for future occupants of the first floor flats. In terms of neighbouring properties, the retail use is likely to result in an increase in activity at the site from deliveries, parking/turning and customers and thus an increase in general background noise. However, the site is near to the centre of the village where there are existing commercial uses, main roads and numerous houses close by and so there is some general background noise. I would not suggest it is a noisy environment but neither is it tranquil. There is also walling, buildings and vegetation along boundaries which would serve to block some noise. As such, I consider that with suitable hours of use restrictions between 7am to 10pm, as also suggested by Environmental Health, the uses would not be unduly harmful at the site.

 

5.7.2  I have discussed potential hours of deliveries with the Environmental Health Manager and the applicant and it is considered that a restriction on deliveries from 7am to 10pm is reasonable and necessary to protect residential amenity. Deliveries would either be taken through the main store entrance or potentially via the residential bin access on the south side of the building. I consider that the movement of delivery cages along this access at early times would result in a harmful impact upon the amenity of ‘Butchers Cottage’ and ‘Little Butchers’ immediately to the south due to the proximity of the access way to these properties. My view is that any deliveries along this route should be restricted to between 9am and 6pm. The applicant has also put forward a proposal for smooth surfacing here (rather than herringbone paving as shown on the plans) which would serve to reduce noise also. Otherwise the retail compound would be used for bin storage which would not be objectionable.

 

5.7.3  I have discussed external plant such as re-fridgeration or air conditioning units with the agent who advises that none are proposed. I consider such plant may be required and having discussed this with the Environmental Health Manager it is considered that suitable equipment installed at an appropriate location such as the rear of the building would be unlikely to cause any nuisance to existing properties and the proposed flats. As such, the exact details and location of any plant required can be secured by condition to protect amenity.

 

5.7.4  In terms of privacy, the front two dormer windows in the southwest roof slope would result in potential overlooking of the rear first floor windows and gardens of houses to the south, including ‘Butchers Cottage’ and ‘Little Butchers’. I consider that these windows should be obscure glazed with high opening to protect privacy. Originally six rooflights were proposed along the southwest roofslope but the applicant has voluntarily reduced this to two rooflights to reduce any perceived overlooking. The two remaining rooflights are small and would not offer the same clear view as the dormer windows and so I not consider they need to be obscure glazed. Properties further south would be over 21m away so would not suffer from a loss of privacy. There would only be two rooflights on the rear, southeast roof and they would be around 19m from houses to the southwest at ‘Wickham Place’ with the single storey dance studio between. I do not consider there would be any unacceptable loss of privacy here. The dormer windows on the northeast roofslope would be around 21m from the houses and their rear windows to the northeast at ‘Atwater Court’. With this distance and an evergreen hedge between (owned by Atwater Court), I do not consider there would be any unacceptable loss of privacy here.

 

5.7.5  Car/cycle parking spaces for the flats are proposed to the rear of ‘1 Wickham Place’ to the southwest and increased use here could result in overlooking of the rear garden above the existing 1.3m boundary wall. There are also some views over walling where the retail compound is proposed so I consider boundary treatments in these places to raise the height, which can be secured by condition, would protect privacy.

 

5.7.6  In terms of outlook and light, the main impact will be upon ‘Butchers Cottage’ and ‘Little Butchers’ to the south. The building would extend 14m beyond the rear of these properties within 1m of the boundary of ‘Butchers Cottage’. I have visited ‘Butchers Cottage’ and note that a single storey pitched roof projection (approximately 4m to the ridge) runs along the vast majority of the north side of the garden. Whilst the proposed building overlaps this property fairly significantly, the existing building would largely block views of the proposed building from the majority of this properties garden, and entirely from ground floor windows. It would also block views to a degree the from first floor bathroom and bedroom windows. I have also carried out a 45o BRE light test on the first floor windows and the development does not fail the test. Bearing in mind this existing projection, I do not consider the impact upon light or outlook would cause significant harm to ‘Butchers Cottage’.

 

5.7.7  ‘Little Butchers’ is further south and 45o light tests are passed for the ground and first floor rear windows. This property is further from the site and because of this I do not consider it would be overbearing or oppressive to its outlook to warrant objection.

 

5.7.8  Due to the distance involved I do not consider there would be any harmful impacts in terms of light or outlook to any other neighbouring properties.

 

5.7.9  I do not consider the flats would suffer from unacceptable noise levels from the ground floor shop and this is a common arrangement, or from the use of the dance studio. The Environmental Health Manager has raised no objections to this. The proposed flats would also have suitably sized rooms and light, and overall sufficient living conditions.

 

5.7.10 Potential issues of anti-social behaviour have been raised. Whilst this may or may not occur, this is a management issue for the landowner and a matter for the police. I consider a convenience store is not a use that typically would attract significant or serious anti-social behaviour like say a night club might.

 

5.8    Visual Impact/Heritage

 

5.8.1  The existing fire damaged building is currently detracting from the local area, Conservation Area and listed buildings. The proposed building would improve the appearance of the site and is designed in the local vernacular in terms of its form, with hipped roofs, hipped dormer windows, and low eaves heights, and in terms of materials with plain tiled roof and hanging tiles. The use of quality materials such as clay roof and hanging tiles, and timber joinery will be essential to ensure a quality finish to the building, which can be secured by condition. The building would be similar to existing in height terms, but would have a reduced mass due to the hipped roofs and double ridge line with valley between. Glazing would break up the front and side faces of the building. The southwest side wall is fairly bland but it is not in public view and faces the access way for bins so I do not consider this is objectionable. The rear wall is relatively blank and so a ‘green wall’ has been proposed although this is not in public view.

 

5.8.2  Soft landscape areas would be provided at the access which would provide an attractive frontage here. Surface materials would be herringbone paving for footways and resin bonded gravel for parking spaces, which would provide a quality finish to these areas and break up the road surfacing that would be used for the other areas. Overall, I consider the development would improve the appearance of the site and would be appropriate in terms of the setting of the Conservation Area and nearby listed buildings. This view is echoed by the Conservation Officer who states that, “the proposed replacement building, in my view, is of appropriate scale and design and will constitute an enhancement to the setting of the conservation area.”

 

5.8.3  Details of lighting can be secured by condition to ensure it is appropriate in terms of appearance and amenity. As part of the building would fall within a Conservation Area and the rest adjoins it, I consider it is necessary to remove permitted development rights for advertisements to ensure any adverts are appropriate in their context.

 

5.9       Other Matters

 

5.9.1   A phase 1 habitat survey, and bat scoping and bat emergence survey have been carried out. No evidence of the buildings being used by bats was revealed and it is advised that the development would cause no harm to bats. The main building was being used by nesting starlings. As such, enhancements/mitigation is proposed including bird boxes, swift bricks, and bat tiles. With this in mind KCC Ecology are raising no objections.

 

5.9.2   As the site is in an area safeguarded for medieval and post medieval archaeology, KCC Heritage has recommended conditions which can be attached. The flats would achieve CSH Level 4 which can be secured by condition.

 

5.9.3  Other matters raised and not addressed above include harm to tourism, pollution, loss of office use, increase in litter, potential damage during construction, water run-off, and loss of value. I do not consider the proposal would cause any significant harm to tourism or create any large amounts of pollution. Litter on the premises would be the responsibility of the landowner, and off the site, is a criminal offence and is not a material planning consideration. There are no policies which protect the office use. Potential damage to property and water run-off to neighbouring property are not planning considerations and are matters between landowners. Loss of value is not a planning consideration.

 

6.      CONCLUSION

 

6.1     For the above reasons, the retail proposals are considered to be in accordance with policies R1 and R10 of the Local Plan, which seek to facilitate suitable retail development in sustainable locations such as Lenham, and on the edge of local centres. The proposal would provide for competition in the local centre but is not considered to be of a scale that would cause significant harm to its vitality or viability, and there is a lawful retail use on site. There would not be an unacceptable impact upon local living conditions subject to appropriate conditions. The visual impact of the development would be acceptable, would enhance the Conservation Area, and there are no highway objections subject to conditions. For these reasons I recommend approval subject to the following conditions. 

 
7.           RECOMMENDATION

 

GRANT PLANNING PERMISSION subject to the following conditions:   

 

1.           The development hereby permitted shall be begun before the expiration of three years from the date of this permission;

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.           No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved by the Local Planning Authority.

Reason: To ensure that features of archaeological interest are properly examined and recorded.

3.           No development shall take place until details of foundations designs and any other proposals involving below ground excavation have been submitted to and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason: To ensure that due regard is had to the preservation in situ of important archaeological remains.

4.           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 building and surfaces hereby permitted have been submitted to and approved in writing by the Local Planning Authority and the development shall be constructed using the approved materials. Materials shall include clay roof and hanging tiles, stock bricks and timber joinery for the building.

Reason: To ensure a satisfactory appearance to the development and setting of the Conservation Area.

5.           The development shall not commence until, full details of the following matters have been submitted to and approved in writing by the Local Planning Authority:-

a) New external joinery including shop fronts in the form of large scale drawings.

b) Details of the conservation style rooflights.

The development shall be carried out in accordance with the approved details;

Reason: To ensure a satisfactory appearance to the development and setting of the Conservation Area.

6.           The development shall not commence until, details of all fencing, walling and other boundary treatments have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details before the first occupation of the building(s) or land and maintained thereafter. Details shall include measures to ensure privacy to neighbouring properties from the use of residential parking spaces 3 and 4 and cycle parking, and the retail compound.

Reason: To ensure a satisfactory appearance to the development and to safeguard the enjoyment of their properties by existing and prospective occupiers.

7.           The development shall not commence until a plan showing alterations to the vehicular access to increase its width on the north side has been submitted to and approved in writing by the Local Planning Authority. The access shall be implemented as approved and subsequently maintained as such.

Reason: In the interests of highway safety.

8.           The development shall not commence until details of ecological enhancements including bird boxes, swift bricks, and bat tiles have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed and maintained.

Reason: In the interests of biodiversity enhancement.

9.           Before the development hereby permitted is first occupied, the following proposed windows as shown on drawing no. PL14 shall be obscure glazed and shall be incapable of being opened except for a high level fanlight opening of at least 1.7m above inside floor level and shall subsequently be maintained as such:

1) First floor dormer window on the south roof slope serving bedroom 1 of Flat 3.

2) First floor dormer window on the south roof slope serving bedroom 1 of Flat 2.

Reason: To prevent overlooking of adjoining properties and to safeguard the privacy of existing and prospective occupiers.

10.        Prior to installation of any external lighting, all details shall be submitted to and approved in writing by the Local Authority. These works shall be carried out in accordance with the approved details before the first occupation of the building. This information shall include a layout plan with beam orientation and a scheme
of equipment in the design (luminaire, type, mounting height, aiming angle and luminaire profiles). This scheme shall include a schedule of proposed hours of use for the different components of the submitted light scheme. The lighting shall be installed, maintained and operated in accordance with the approved
details unless the Local Planning Authority gives its written consent to any variation.

Reason: To minimise the impact of light pollution in the interests of the character and amenity of the surrounding area.

11.        No part of the retail use shall be occupied or brought into use until alterations to the existing parking bay outside the site to provide double yellow line parking restrictions that enable deliveries to be made to the site, and a replacement parking bay further to the north on Faversham Road have been provided.

Reason: In the interests of highway safety and pedestrian safety.

12.        No part of the development shall be occupied or brought into use until the precise planting details for the soft landscape areas and 'green wall', and a programme for their implementation and long term management, have been submitted to and approved in writing by the Local Planning Authority. The landscaping shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines;

Reason: No such details have been submitted and to ensure a satisfactory appearance to the development.

13.        No part of the development shall be occupied or brought into use until details of surface materials to reduce noise within the access way along the south side of the building and within the retail compound have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed prior to the use of the building hereby permitted and subsequently maintained.

Reason: In the interests of residential amenity.

14.        No part of the development shall be occupied or brought into use until details of any external plant, machinery or equipment has been submitted to and approved in writing by the Local Planning Authority. The approved details shall be installed and maintained in good working order to the satisfaction of the Local Planning Authority.

Reason: In the interests of residential amenity.

15.        The retail use hereby permitted shall only be open to customers between 7am and 10pm.

Reason: To safeguard the enjoyment of their properties by nearby residential occupiers.

16.        Deliveries shall only take place or be accepted at the store between 7am and 10pm.

Reason: To safeguard the enjoyment of their properties by nearby residential occupiers.

17.        No deliveries shall be taken via the access way along the south side of the building which leads to the retail compound outside of the hours of 9am to 6pm.

Reason: To safeguard the enjoyment of their properties by nearby residential occupiers.

18.        The approved details of the vehicle parking/turning areas and cycle parking shall be completed before the commencement of the use of the land or buildings hereby permitted and shall thereafter be kept available for such use.

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety.

19.        All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation;

Reason: To ensure a satisfactory setting and external appearance to the development.

20.        The residential flats shall achieve at least Level 4 of the Code for Sustainable Homes. No flat shall be occupied until a final Code Certificate has been issued for it certifying that Code Level 4 has been achieved.

Reason: to ensure a sustainable and energy efficient form of development.

21.        Notwithstanding the provisions of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (or any order revoking and re-enacting that Order with or without modification) no advertisements shall be installed at the site without the permission of the Local Planning Authority;
         
Reason: To safeguard the character, appearance and functioning of the surrounding area and the setting of the Conservation Area.

22.        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) no development within Schedule 2, Part 42, Class A to that Order shall be carried out without the permission of the Local Planning Authority;
         
Reason: To safeguard the character, appearance and functioning of the surrounding area and setting of the Conservation Area.

23.        The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing nos. PL01, PL02, PL16A, PL18, PL19A received on 10th September 2013, and PL12A, PL13A and 102 received on 3rd December 2013, and PL03A, PL14A, PL15A, and PL17B received on 31st March 2014.

Reason: For the purposes of clarity to prevent harm to the residential amenity of neighbouring occupiers and to ensure a satisfactory appearance to the development.

Informatives set out below

Attention is drawn to Sections 60 and 61 of the Control of Pollution Act 1974 and to the Associated British Standard Code of practice BS5228:1997 for noise control on construction sites. Statutory requirements are laid down for control of noise during works of construction and demolition and you are advised to contact the Environmental Health Manager regarding noise control requirements.

The importance of notifying local residents in advance of any unavoidably noisy operations, particularly when these are to take place outside of the normal working hours is advisable.

The developer shall 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.

You are advised to ensure that the appointed contractor(s) is/are registered with the 'Considerate Constructors Scheme' and that the site is thereafter managed in accordance with the Scheme. Further information can be found at  www.considerateconstructorsscheme.org.uk

No vehicles may arrive, depart, be loaded or unloaded within the general site, and plant and machinery shall not be operated, that would generate noise beyond the boundary of the site, except between the hours of 0800 hours and 1800 Mondays to Fridays and 0800 and 1300 hours on Saturdays (and at no time on Sundays or Bank or Public Holidays).

Where it is proposed to store more than 200 litres (45 gallon drum = 205 litres) 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.

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

Demolition of the buildings should be undertaken outside of the breeding bird season (which is March to August inclusive), unless preceded by an inspection by a suitably experienced ecologist. If active bird nests are found, works must be delayed in these areas until the young have fledged.

While no bats were recorded using the buildings, the main building in particular presents roosting opportunities that bats may move into. Demolition should be undertaken during March to April or October to November when bats are least likely to be present. If demolition is necessary outside of these periods, advice from an experienced, licensed bat ecologist should be sought to ensure that the potential for bats can be adequately addressed.



The proposed development, subject to the conditions stated, is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000) and there are no overriding material considerations to indicate a refusal of planning consent.