development control board officercommitteedmz.dartford.gov.uk/documents/s54102/07 -...

12
DEVELOPMENT CONTROL BOARD 14 July 2016 Reference: 16/00499/FUL Officer: Steven Bell Location: Site At Junction Of King Edward Avenue And West Hill Dartford Kent Proposal: Erection of a part three/part four/part five storey building to provide 75 bedroom care home and ancillary external works Applicant: Bostall Interiors Ltd./Mr Jas Dhooper Agent: Hitchman Stone Partnership/Mr Colin Mountain Target Date: 18/07/2016 Parish / Ward: Un-Parished Area Of Dartford / West Hill RECOMMENDATION: Approval SITE DESCRIPTION (1) The application site is located within part of the former West Hill Hospital complex, which has since been demolished and has largely been re-developed to provide a new residential scheme. The site is located just to the west of Dartford town centre is at the south- western corner of the former West Hill Hospital site facing the junction of West Hill and King Edward Avenue. (2) Immediately to the north of the site are residential properties within the former West Hill hospital development. To the east of the site is Dartford Conservation Area and this includes the former police lock-up which is a Grade II Listed Building. Just to the rear of this are further new residential units although these are not within the Conservation Area. (3) Opposite the site and on the other side of West Hill is the four/five storey YMCA building. Slightly further down West Hill is the entrance to the Royal Mail yard. Opposite the site on the King Edward Avenue frontage are two storey residential properties that are either part of West Hill or within Sanctuary Close which is a small road that leads off King Edward Avenue. (4) Immediately to the rear of the site are parking areas and residential dwellings within the part of the West Hill residential development. THE PROPOSAL (5) Planning consent is sought for the erection of a part three/part four/part five storey building to provide a 75 bedroom care home. The building has a main curved section that faces the junction of King Edward Avenue and West Hill with two further 'wings' extending along King Edward Avenue and down West Hill. (6) The main curved section is four storey as is most of the northern wing although this drops to three storey's high where it abuts the adjoining property. The eastern wing maintains the same roof level but becomes five storeys high as it provides a lower-ground floor level

Upload: vandat

Post on 10-Mar-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

DEVELOPMENT CONTROL BOARD

14 July 2016

Reference: 16/00499/FUL Officer: Steven Bell

Location: Site At Junction Of King Edward Avenue AndWest HillDartfordKent

Proposal: Erection of a part three/part four/part five storey building to provide 75 bedroom care home and ancillary external works

Applicant: Bostall Interiors Ltd./Mr Jas Dhooper

Agent: Hitchman Stone Partnership/Mr Colin Mountain

Target Date: 18/07/2016

Parish / Ward: Un-Parished Area Of Dartford / West Hill

RECOMMENDATION:

Approval

SITE DESCRIPTION

(1) The application site is located within part of the former West Hill Hospital complex, which has since been demolished and has largely been re-developed to provide a new residential scheme. The site is located just to the west of Dartford town centre is at the south-western corner of the former West Hill Hospital site facing the junction of West Hill and King Edward Avenue.

(2) Immediately to the north of the site are residential properties within the former West Hill hospital development. To the east of the site is Dartford Conservation Area and this includes the former police lock-up which is a Grade II Listed Building. Just to the rear of this are further new residential units although these are not within the Conservation Area.

(3) Opposite the site and on the other side of West Hill is the four/five storey YMCA building. Slightly further down West Hill is the entrance to the Royal Mail yard. Opposite the site on the King Edward Avenue frontage are two storey residential properties that are either part of West Hill or within Sanctuary Close which is a small road that leads off King Edward Avenue.

(4) Immediately to the rear of the site are parking areas and residential dwellings within the part of the West Hill residential development.

THE PROPOSAL

(5) Planning consent is sought for the erection of a part three/part four/part five storey building to provide a 75 bedroom care home. The building has a main curved section that faces the junction of King Edward Avenue and West Hill with two further 'wings' extending along King Edward Avenue and down West Hill.

(6) The main curved section is four storey as is most of the northern wing although this drops to three storey's high where it abuts the adjoining property. The eastern wing maintains the same roof level but becomes five storeys high as it provides a lower-ground floor level

Page 2: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

along the lowering frontage. This lower ground floor element provides ancillary rooms such as offices, a hairdresser, stores and a kitchen.

(7) The mixed level appearance is repeated to the rear of the building with this wing having a lower ground floor level but the remainder of the building being three/four storey. The building is flat roofed with the exception of a plant room which is necessary to provide lift machinery and other ancillary equipment.

(8) Car parking is provided to the rear of the building with 36 parking spaces provided including one ambulance bay. A drop-off/service bay is also provided immediately to the rear of the building.

RELEVANT HISTORY

(9) Under application reference 05/00283/FUL planning consent was granted for redevelopment of the former West Hill Hospital site to provide 239 residential units, including associated parking, open space, improved access arrangements, change of use of chapel to provide day nursery, conversion of police station to retail use, new health centre and Red Cross centre with associated parking & demolition of existing Red Cross building. The application site was identified for development of a new health centre.

COMMENTS FROM ORGANISATIONS

(10) KCC Highways: I do not intend to raise any objection to the proposed care home. A study of parking accumulation at a comparable care home suggests that the proposed parking provision should be adequate. The main issue about parking appears to be that some of these parking spaces are already used by others. I would recommend you consult with DBC's parking enforcement team about this. It should be noted that the road serving the front of the care home and the parking area is privately maintained. I would also recommend that you check the dimensions of the ambulance parking bay, it appears to me to be too narrow.

(11) Any permission granted should be subject to a condition requiring the submission of a construction management plan. This should provide details of accesses and parking during the construction phase, and should commit the developers to ensure that (1) no HGVs will reverse into or out of the site unless under the supervision of a banksman, (2) all vehicles leaving the construction site will have their wheels examined and washed free of any mud, stones or other detritus so that no deposits are left on the highway.

(12) INFORMATIVE: It is the responsibility of the applicant to ensure, before the development is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

(13) Environment Agency: We consider that planning permission could be granted to the proposed development as submitted if the following planning condition is included as set out below. Without this condition, the proposed development on this site poses an unacceptable risk to the environment and we would object to the application. The overall hospital site has been developed out and the site reports included in this application date back to 2005. It is understood the bulk of the remediation works required for the whole hospital site. It is unclear from the submitted documents which parts of the site assessments relate to this vacant lot. Without clarity on what remediation has been carried out on this site it is difficult to know whether a full land contamination condition is required for this site.

(14) If the understanding is that any required remediation for the whole historic site has been remediated appropriately and given that basements are part of this development proposal then the following condition may be adequate.

Page 3: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

(15) Condition: 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 protect the underlying ground water from the risk of pollution and in accordance with the requirement of the National Planning Policy Framework (NPPF).

(16) The site is underlain by a principal aquifer and a Source Protection Zone (SPZ). National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 121).

(17) Condition: No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. Reason: To protect the underlying ground water from the risk of pollution and in accordance with the requirement of the National Planning Policy Framework (NPPF).

(18) The site is underlain by a principal aquifer and an SPZ. National Planning Policy Framework (NPPF) paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

(19) Condition: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: To protect the underlying ground water from the risk of pollution.

(20) Environmental Health: Having reviewed the submissions the air quality and acoustic assessments are acceptable, however the a condition requiring a further acoustic assessment on completion and before first use of the building is recommended as the acoustic information was predicted and it is understood that not all plant and equipment for the development had been finalised.

(21) A condition requiring details of the kitchen extract system to be submitted and approved prior to installation is advised.

(22) The contamination report is inadequate, it was undertaken over 10 years ago and standards for sampling, testing and land quality after remediation have changed. Furthermore the site may have been subject to fly tipping etc. in the period since the assessment. This can be addressed by condition requiring an updated intrusive investigation, revised remediation strategy to be agreed prior to remedial works commencing and a validation report on completion to be agreed by the borough council prior to first use of the development.

(23) Thames Water: Waste Comments - Thames Water requests that the Applicant should incorporate within their proposal, protection to the property by installing for example, a non-return valve or other suitable device to avoid the risk of backflow at a later date, on the assumption that the sewerage network may surcharge to ground level during storm conditions.

Page 4: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

(24) No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: The proposed works will be in close proximity to underground sewerage utility infrastructure. Piling has the potential to impact on local underground sewerage utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

(25) 'We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Groundwater discharges typically result from construction site dewatering, deep excavations, basement infiltration, borehole installation, testing and site remediation. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. Should the Local Planning Authority be minded to approve the planning application, Thames Water would like the following informative attached to the planning permission: "A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer. Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing [email protected]. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality.

(26) Surface Water Drainage - With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses or a suitable sewer. In respect of surface water it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage. When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary. Connections are not permitted for the removal of groundwater. Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. They can be contacted on 0800 009 3921. Reason - to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

(27) Legal changes under The Water Industry (Scheme for the Adoption of private sewers) Regulations 2011 mean that the sections of pipes you share with your neighbours, or are situated outside of your property boundary which connect to a public sewer are likely to have transferred to Thames Water's ownership. Should your proposed building work fall within 3 metres of these pipes we recommend you email us a scaled ground floor plan of your property showing the proposed work and the complete sewer layout to [email protected] to determine if a building over / near to agreement is required.

(28) Thames Water would advise that with regard to sewerage infrastructure capacity, we would not have any objection to the above planning application.

(29) Water Comments - Thames Water recommend the following informative be attached to this planning permission. Thames Water will aim to provide customers with a minimum pressure of 10m head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes. The developer should take account of this minimum pressure in the design of the proposed development.

(30) No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface water infrastructure, and the programme for the works) has been submitted to and approved in

Page 5: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: The proposed works will be in close proximity to underground water utility infrastructure. Piling has the potential to impact on local underground water utility infrastructure. The applicant is advised to contact Thames Water Developer Services on 0800 009 3921 to discuss the details of the piling method statement.

(31) Thames Water recommend the following informative be attached to any planning permission: There is a Thames Water main crossing the development site which may/will need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained. Unrestricted access must be available at all times for maintenance and repair. Please contact Thames Water Developer Services, Contact Centre on Telephone No: 0800 009 3921 for further information.

NEIGHBOUR NOTIFICATION

(32) 138 neighbours have been consulted on this proposal and responses have been received from 8 properties. The responses raise the following issues: -

- The building is too high and will block the skyline.- The building will make noise and traffic fumes in the area worse.- The building will affect my outlook.- There are already parking issues in the area, this application will make this worse.- Where will visitors for the existing residential units park?- The developers should not be able to take the parking spaces surrounding the

development.- There will be noise and disturbance during construction due to the constrained site

access and location of the site.- Will sufficient staff parking be provided?- There is insufficient infrastructure in Dartford to deal with new development.

RELEVANT POLICIES

(33) The Core Strategy, together with the Saved policies of the 1995 Local Plan, form the Dartford's development plan documents for the area and the application should be determined against these policies, unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) states that for decision-making purposes Local Plan policies should not be considered out-of-date simply because they were adopted prior to the publication of the NPPF.

(34) The Dartford Core Strategy was adopted in September 2011. The Council considers that the Core Strategy, together with the Saved policies of the 1995 Local Plan, are broadly consistent with the NPPF and that due weight should be given to relevant Development Plan policies, in accordance with the NPPF.

(35) The Council's emerging Development Policies Plan Document has undergone significant consultation and is now at pre-submission stage. The Development Control Board resolved to apply policies DP1-DP8, DP10 to DP19 and DP21 to DP25 and to give appropriate weight to these in making decisions on planning applications.

(36) As such, the following policies are relevant.

Adopted Dartford Core Strategy 2011

(37) CS1: Spatial Pattern of Development - In order to maximise regeneration benefits, promote sustainable patterns of development and protect less appropriate areas from development, the focus of development will be in three priority areas.(38) CS15: Managing Transport Demand - In order to reduce the need to travel, minimise car use and make the most effective use of the transport network, the Council will encourage all new developments to use modes of transport other than the private car.

Page 6: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

(39) CS21: Community Services - This policy aims to ensure that adequate community services are provided and available.(40) CS23: Minimising Carbon Emissions - CS23: Minimising Carbon Emissions requires all new development to demonstrate reductions in energy use and reinforces the requirements set out in Policy CS5.

Saved Adopted Dartford Local Plan 1995

(41) B1: Criteria for consideration of development proposals - a high standard of design will be required in all development proposals, embracing the principles of Kent Design with particular regard to form, massing and scale and associated inter-relationships. Materials should be of good quality, appearance and durability.(42) B3: Landscaping within new development - Appropriate hard and soft landscaping should be incorporated and existing trees retained wherever possible.(43) T23: Provision of off-street parking and rear access arrangements - development proposals should include adequate off-street parking.

Emerging Dartford Development Policies Local Plan 2015

(44) DP1: Presumption in favour of sustainable development - Development shall be in accordance with National objectives of achieving sustainable development.(45) DP2: Good Design in Dartford. (46) DP3: Transport Impacts of Development.(47) DP5: Environmental and Amenity protection.

COMMENTS

Key Issues

The main issues to be considered with this application are the principle of development, appearance/design, car parking, impact on adjoining occupiers, disruption during construction and other issues raised by objectors.

(48) In terms of the principle of the development, the original application (ref 05/00283/FUL) included a health centre proposal on this site but it has since been confirmed with the NHS that this health centre is not to be provided at this location. Under the s106 agreement landowners have paid a contribution to the NHS, therefore the obligation for health facility provision is discharged. The proposed alternative use will provide a community facility being a nursing/care home and there is no policy objection to the provision of a care home in this location. The provision of this facility is in line with the aims of Core Strategy Policy CS21 which seeks to ensure that adequate community facilities are provided.

(49) The application proposes a relatively large building on a prominent site with this site being visible across Dartford due to its location close to the top of West Hill. The design/appearance of the building is an important issue. Whilst the building has up to five floors, the building also uses the ground levels to reduce the effective height of the building.

(50) Taking the King Edward Avenue frontage, the adjoining residential property has two floors plus accommodation in the roof space which includes a front dormer extension. The proposed building adjacent to this is part three/part four storey. However, the building is set at a lower ground floor level with the three storey element being closest to the adjoining property and the four storey element being just over 10m away. In terms of height, the lower level of the ground floor means that the three storey element only matches the height of the dormer window to the adjacent property and the flat roof level of the further floor is only 1m above the ridge level of the adjoining property. The building is not therefore considered to be out of scale with the properties in King Edward Avenue.

(51) In terms of the impact on the main West Hill frontage and the junction, the bulk of the building is broken up by the main circular section that faces onto the junction, the fact that this is set-back from the two main wings to the building and the use of differing materials with a

Page 7: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

contrasting upper floor colour and a very small set-back to the upper floor. The applicant has submitted a street scene view showing the West Hill frontage in relation to the adjoining properties in West Hill, including the listed building. It is the wing that faces directly onto West Hill that has the five storey part of the building and this is only part of this wing. The street scene shows that the proposed building will sit comfortably in relation to the adjacent properties and will not be over-dominant in the street scene. The building is separated from the listed building by almost 40m and therefore will not affect the appearance/setting of this building.

(52) The building does include a plant room to the top of the flat roof and this is above the proposed lifts. This will not be immediately visible when standing in West Hill as this is set-back from the front of the building. Materials for the plant room will be agreed by condition.

(53) In relation to the issue of impact on adjoining occupiers, the applicant has submitted a comprehensive daylight and sunlight assessment of the proposal. This considers the impact of the proposed building on surrounding occupiers. This has been assessed and the conclusions of this report are not disputed. It is noted that the closest residential property adjacent to the proposed building is the adjacent property in King Edward Avenue. This is a two storey property with accommodation in the roof space. This property does have side facing windows. Two of these serve non-habitable rooms. The third window, which is at second floor level does serve a habitable room but this is not the main source of light to this room. It is noted that this neighbour, nor any of the neighbours in this terrace of 11 properties that are to the north of the proposed building have objected to the proposal.

(54) The properties opposite the site in Sanctaury Close and facing onto West Hill are set at a right angle to the proposed building and are some 26m from the proposed building. Given this distance, the building will not have a significant impact on these properties.

(55) Properties are present immediately to the east of the site and these are part of the former West Hill Hospital development. The proposed building adjacent to these properties is four storey and the flat roof of this part of the building is set slightly lower than the ridge height of the adjoining block. The applicant's drawings also show the relationship between the previously approved scheme and this proposal and this shows that the impact created by this current scheme is very similar to that created previously. The end property in the adjoining terrace does not have any sole habitable room windows in the flank elevation that faces the proposed building and it is concluded that the impact is acceptable.

(56) With regard to car parking, the application includes the provision of a number of dedicated parking bays. It is noted that these have already been provided and are being used by surrounding residents but these spaces were not allocated to the surrounding residents. The spaces concerned are in the ownership of the applicant and it is noted that whilst some residents have commented on parking issues, none have claimed to have a continuing right to the use of these spaces.

(57) The applicant has confirmed that for a nursing home of this size, at night times very few staff will be required and this can be as low as four staff members. Given that this would leave many of the proposed parking spaces vacant for most evenings, the applicant is proposing a parking management arrangement whereby residents are able to agree use of the vacant parking spaces during the evening/night. A condition is therefore proposed requiring a parking management strategy to be agreed with the Council to ensure that this arrangement does not result in too few spaces being available for staff use.

(58) The application includes the provision of a service bay to the rear of the building plus a dedicated ambulance bay and conditions are proposed to ensure that these are provided and available for use at all times.

(59) The comments from KCC Highways note that the proposed ambulance bay marked on the drawings may be too small. This has been queried with the applicant and this bay is not intended for emergency ambulances. These would require a larger bay and these can be accommodated in the service bay immediately to the rear of the building. The ambulance bay

Page 8: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

marked on the drawing is intended to be used by funeral service vehicles and is sufficient for this size of vehicle.

(60) An issue has been raised with regard to disruption during construction and this is a legitimate issue given the constrained nature of the site and the proximity of adjoining residential properties. A condition is therefore proposed requiring a construction methodology to be agreed prior to commencement so that issues such as the location of a site compound, working hours, construction deliveries and parking can be controlled.

Other issues

(61) The application has submitted a number of detailed reports in support of the planning application including a daylight and sunlight assessment (that considers impact on adjoining occupiers), an air quality assessment, a landscape management plan, a water efficiency statement, energy and sustainability strategy report, a plant noise impact assessment and a workplace travel plan.

(62) From, the above documents, the following points are highlighted: -

- The Travel Plan aims to reduce the number of vehicle trips to/from the premises with annual surveys being undertaken.

- Adequate sound insulation will be provided to ensure satisfactory noise levels within bedroom in the care home, particularly those facing onto West Hill.

- Noise levels created by plant/equipment will be controlled to ensure minimal impact on surrounding occupiers. (In accordance with BS4142).

- The building has been designed to achieve a BREEAM rating of 'Excellent' which is to be achieved through the use of a combined heat and power unit, enhanced thermal insulation, low energy appliances and various other measures.

- Reduced water usage will be achieved.

HUMAN RIGHTS IMPLICATIONS

(63) I have considered the application in the light of the Human Rights Act 1998. I am satisfied that my analysis of the issues in this case and my consequent recommendation are compatible with the Act.

PUBLIC SECTOR EQUALITY DUTY

(64) Due regard has been had to the Public Sector Equality Duty, as set out in Section 149 of the Equality Act 2010. It is considered that the application proposals would not undermine objectives of the Duty.

CONCLUSIONS

(65) To conclude, the application proposes a suitable use on a current vacant site that has been expected for some time to provide the site for some form of community use.(66) The proposed building is acceptable in terms of scale/bulk and will not have a significant adverse impact on adjoining occupiers. Whilst it is higher than the immediately adjoining properties, it will not have an adverse impact in the street scene or on the character/appearance of the adjoining properties, in particular the adjoining listed building.(67) The development includes adequate car parking with a proposal to make some of the spaces available for adjoining residents in the future.(68) A legitimate concern has been raised with regard to construction of the building and possible disturbance etc, a condition is proposed to ensure this issue is dealt with.

RECOMMENDATION:

Approval

Page 9: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

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

01 In pursuance of Section 91(1) of the Town and Country Planning Act 1990.

02 The development shall be carried out in accordance with the following plans and documents: 2203-01, DR-5-100 (A), DR-2-300, PS1448/SK10, PS1448/SK11, 2203-02A, 2203-03B, 2203-04C, 2203-05C, 2203-06B, 2203-07B, 2203-08B, 2203-09B, 2203-10C, 2203-11C, 2203-12B, 2203-13B, 2203-14D, 2203-15B & 2203-R2C and the following reports: -Design and Access Statement (Rev A)Façade and Plant Noise Assessment Ref 20677R01PKmdwLandscape Management Plan P0521-RE-5-001Air Quality Assessment AQ0736Water Efficiency Statement P0521-RE-2-002Energy & Sustainability Statement P0521-RE-2-001Workplace Travel Plan dated 23rd May 2016

02 For the avoidance of doubt and to ensure a satisfactory form of development.

03 Before commencement of any building operations on site, a contaminated land assessment, including a site investigation and remediation methodology (if necessary) shall be submitted to and approved by the Local Planning Authority. If during any works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority. Any remediation details shall be implemented as approved.

03 In the interests of safety and amenity in accordance with Policies DL1 and DL4 of the adopted Dartford Local Plan and/or the protection of Controlled Waters.

04 Before commencement of the development hereby approved, details and samples of all materials to be used externally shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

04 To ensure that the development does not harm the character and appearance of the existing building or the visual amenity of the locality in accordance with Policy B1 of the adopted Dartford Local Plan.

05 Prior to the commencement of construction of any buildings, a certificate issued by an accredited Building Research Establishment consultant shall be submitted to the Local Planning Authority to demonstrate that the design of the building can achieve a BREEAM 'Excellent' rating by standards as of the date of this notice. This shall be supplemented by details of any measures that would need to be secured by the development fit out and a mechanism by which these will be secured. The development shall be built in accordance with the agreed measures and shall achieve a BREEAM 'Excellent' rating. A BREEAM post construction review shall be undertaken confirming the BREEAM rating achieved for the extensions and buildings hereby permitted. This shall be submitted to the Local Planning Authority within 6 months of the completion of the development.

05 To ensure that the development meets the objectives of energy efficiency in new building design and construction pursuant to policy CS23 of the adopted Dartford Core Strategy.

06 Before commencement of any building operations on site, details of the construction compound together with site access/egress for HGV's, parking for delivery vehicles and construction staff shall be submitted to and approved by the Local Planning Authority. Such details shall include siting, fencing, full details of any temporary buildings, spoil

Page 10: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

storage and any vehicular access. Development shall be carried out in accordance with the approved details.

06 To protect the amenities of the area and in the interests of road safety in accordance with Policy B1 of the adopted Dartford Local Plan.

07 Before commencement of the development hereby approved, details of the surface water drainage system for the development (including storage facilities where necessary) shall be submitted to and approved by the Local Planning Authority. The details shall be implemented as approved prior to first occupation of the development.

07 To ensure satisfactory means of surface water drainage in accordance with Policy B1 of the adopted Dartford Local Plan.

08 Before the building is first used, a parking management strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall detail the proposed designation of staff and visitor parking spaces and also the possible night time use of some of the spaces by surrounding residents.

08 To ensure that satisfactory number of parking spaces are available at all times for visitors and staff.

09 No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

09 To protect the underlying ground water from the risk of pollution and in accordance with the requirement of the National Planning Policy Framework (NPPF).

10 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

10 To protect the underlying ground water from the risk of pollution.

11 The hairdressers unit hereby permitted shall be only for Class A1 hairdressing use and for no other uses, including any other falling within Class A1of Schedule to the Town and Country Planning (Use Classes) Order 1987, (or for any order amending, revoking and re-enacting that Order).

11 In the interests of amenities and highway safety in accordance with Policies B1, H12 and T23 of the adopted Dartford Local Plan.Details of any extract equipment.

12 The landscaping scheme hereby approved as an integral part of the development shall, at the latest, be implemented during the first planting season (between October and March inclusive) following completion of the development and shall thereafter be maintained for a period of five years. Any trees, shrubs or grassed areas which die, are diseased or vandalised within this period shall be replaced within the next planting season.

12 To safeguard the visual amenities of the locality in accordance with Policy B3 of the adopted Dartford Local Plan.

13 The Care home hereby permitted shall be only for Class C2 (care home) use and for no other uses, including any other falling within Class A1of Schedule to the Town and

Page 11: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

Country Planning (Use Classes) Order 1987, (or for any order amending, revoking and re-enacting that Order).

13 In the interests of amenities and highway safety in accordance with Policies B1, H12 and T23 of the adopted Dartford Local Plan.

14 No construction work shall take place on the site outside the hours of 0800 to 1800 Mondays to Fridays inclusive, and 0800 to 1300 on Saturdays with no working on Sundays and Bank Holidays.

14 To protect the amenities of the residents of nearby dwellings in accordance with Policies E14 and B1 of the adopted Dartford Local Plan.

15 No extract equipment shall be installed without the prior written consent of the local planning authority.

15 In the interests of visual amenity.

16 All plant/equipment installed shall be provided, operated and maintained such that noise levels do not exceed those set out in the submitted noise assessment report Ref 20677R01PKmdw.

16 In the interests of the amenities of surrounding residents.

17 All vehicles leaving the site shall have their wheels examined and where necessary washed free of any mud, stones or other detritus such that no deposits are left on the highway or access road to the site.

17 In the interests of highway safety.

INFORMATIVES

01 The applicant is advised to seek advice from Environmental Health on 01322 343434 as to how to minimise the impact of noise from demolition/construction work on local residents and how to mitigate/suppress dust during demolition and construction works.

02 It is the responsibility of the applicant to ensure, before the development is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

Page 12: DEVELOPMENT CONTROL BOARD Officercommitteedmz.dartford.gov.uk/documents/s54102/07 - 1600499FUL.pdf · DEVELOPMENT CONTROL BOARD 14 ... assumption that the sewerage network may

SortingOffice

Busi

ness

Cen

tre

Prim

ary

Sch

ool

Our

Lad

y's

Cat

holic

Col

dart

YMCA

Hal

l

27.1m

20.2m

15.8m

PH

BM 22.73m

WEST HILLBake

ry

SANCTUARY CLOSEKI

NG

ED

WA

RD

AVE

NU

E

PO

Clif

fsid

e

12

b

2420

4

3

39

7266

41

8

6

53

5

10

37

48

5662

70

5260

7

64

43

1b

4448a

68

Shelter

Sloping masonryLB

El Sub Sta

TOW

ER

RO

AD

WE

ST H

ILL

RIS

E

TCB

5

20

41

4

8

39

1

2

3

1

2

41

6

Reproduced from the Ordnance Survey map with the permission of the controller of Her Majesty’s Stationary Office © Crown Copyright. 2013Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Dartford Borough Council 100025870 2013

[

Application No:: 16/00499/FUL

Address : Site At Junction Of King Edward Avenue And West Hill Dartford Kent

Date: 29 June 2016 Scale: Not to Scale