Agenda item

Demolition of existing workshop buildings, construction of two 2 bedroom and one 3 bedroom houses with associated parking and amenity areas at 22 The Landway, Borough Green.

RESOLVED:  That planning permission be GRANTED in accordance with the submitted details, conditions, reasons and informatives set out in the main and supplementary reports of the Director of Planning, Housing and Environmental Health; subject to;

(1)     Amended Conditions:

6.     No development shall be commenced until the following have been submitted to and approved by the Local Planning Authority:

(a)a contaminated land desktop study identifying all previous site uses, potential contaminants associated with those uses including a survey of the condition of any existing building(s) and any contaminated material contained within its construction, a conceptual model of the site indicating sources, pathways and receptors and any potentially unacceptable risks arising from contamination at the site;

(b)based on the findings of the desktop study, proposals for a site investigation scheme that will provide information for an assessment of the risk to all receptors that may be affected including those off site. The site investigation scheme should also include details of all demolition works, site clearance, ground investigations or site survey work that may be required to allow for intrusive investigations to be undertaken.

If, in seeking to comply with the terms of this condition, reliance is made on studies or assessments prepared as part of the substantive application for planning permission, these documents should be clearly identified and cross-referenced in the submission of the details pursuant to this condition.

Reason:  In the interests of amenity, public safety and human health and in accordance with the National Planning Policy Framework 2018. 

7.     No development shall take place other than as required as part of any relevant approved site investigation works until the following have been submitted to and approved by the Local Planning Authority:

(a) results of the site investigations (including any necessary intrusive investigations) and a risk assessment of the degree and nature of any contamination on site and the impact on human health, controlled waters and the wider environment. These results shall include a detailed remediation method statement informed by the site investigation results and associated risk assessment, which details how the site will be made suitable for its approved end use through removal or mitigation measures. The method statement must include details of all works to be undertaken, proposed remediation objectives, remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site cannot be determined as Contaminated Land as defined under Part 2A of the Environmental Protection Act 1990 (or as otherwise amended).

The submitted scheme shall include details of arrangements for responding to any discovery of unforeseen contamination during the undertaking hereby permitted.  Such arrangements shall include a requirement to notify the Local Planning Authority in writing of the presence of any such unforeseen contamination along with a timetable of works to be undertaken to make the site suitable for its approved end use.

(b) prior to the commencement of the development the relevant approved remediation scheme shall be carried out as approved. The Local Planning Authority should be given a minimum of two weeks written notification of the commencement of the remediation scheme works.

Reason:  In the interests of amenity, public safety and human health and in accordance with the National Planning Policy Framework 2018. 

8.     Following completion of the approved remediation strategy, and prior to the first occupation of the development, a relevant verification report that scientifically and technically demonstrates the effectiveness and completion of the remediation scheme at above and below ground level (inclusive of all demolition and disposal activities) shall be submitted for the information of the Local Planning Authority.

The report shall be undertaken in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Where it is identified that further remediation works are necessary, details and a timetable of those works shall be submitted to the Local Planning Authority for written approval and shall be fully implemented as approved.

Thereafter, no works shall take place such as to prejudice the effectiveness of the approved scheme of remediation.

Reason:  In the interests of amenity, public safety and human health and in accordance with the National Planning Policy Framework 2018.

12.  No above ground development shall commence on site until full details of a scheme of acoustic protection for the dwellings hereby approved has been submitted to and approved by the Local Planning Authority. The scheme shall be informed by (but not limited to) the Environmental Noise Survey prepared by Aulos Acoustics, reference 0-1808 T2963-634, dated 12 July 2018. The approved scheme shall be implemented prior to the first occupation of any of the dwellings hereby permitted and shall be retained at all times thereafter.

Reason: To safeguard the aural amenity of the occupiers of the dwellings hereby permitted.

(2)     Additional Informatives:

8.     The applicant is advised that in order to achieve compliance with conditions 6 – 8 inclusive it will be necessary to fully survey the existing building for the presence of contaminated materials including, but not limited to, asbestos. The remediation scheme will be required to ensure safe demolition and disposal of the existing building and that will need to be verified as completed and remediated.

9.     The applicant is advised that in order to achieve compliance with condition 12, they should undertake further noise surveys at times of the day when the adjacent forge is in active operation to ensure the proposed mitigation strategy would be fully effective at all times. 

[Speakers:  Kevin Willard and Kim Skinner – Members of the public]