Agenda item

KET/2020/0789

Minutes:

Proposed Development

 

*4.1     Full Planning Permission: Re-development of existing building into 9 no. residential units at 25 Harcourt Street, Kettering for Mr Allen

 

            Application No:KET/2020/0789

 

Speaker:

 

None.

 

Decision

 

Members received a report about a proposal for which full planning permission was being sought for the conversion of the existing factory building with a roof extension to provide 9 residential units. The proposal also included a cycle store and a refuse store with minor alterations to an existing entrance, through installation of an automated roller-shutter door.

 

 The Planning Officer addressed the committee and provided an update which stated that additional comments had been received by neighbouring properties which raised concerns regarding the overlooking of gardens. Comments were also received which stated that a third party had witnessed a colony of honeybees nesting in the roof of the building at the site.

Members heard that as a public authority in England, there is a duty to have regard to conserving biodiversity as part of its policy or decision making as set out in section 40 of the Natural Environment and Rural Communities Act 2006. Further to this an additional condition was reccomennded in order to provide added protection.

 

Members agreed that the proposed development was satisfactory and saw no issue with approving the application as per the officer’s recommendation with the additional condition.

 

Following debate, it was proposed by Councillor Jelley and seconded by Councillor Smyth that the application be approved in line with the officer’s recommendation and with the additional condition as set out in the officers update.

 

It was agreed that the application be APPROVED subject to the following conditions:

 

 

1.      The development hereby permitted shall be begun before the expiration of 3 years from the date of this planning permission.

 

2.      The development hereby permitted shall not be carried out other than in accordance with the approved plans and details listed below.

 

3.      Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition D has been complied with in relation to that contamination.

 

A. Site Characterisation

 

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i) a survey of the extent, scale and nature of contamination;

 

(ii) an assessment of the potential risks to:

- human health,

- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

- adjoining land,

- groundwaters and surface waters,

- ecological systems,

- archaeological sites and ancient monuments;

 

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11(or any model procedures revoking and replacing those model procedures with or without modification)'.

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B. Submission of Remediation Scheme

 

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

C. Implementation of Approved Remediation Scheme

 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

 

D. Reporting of Unexpected Contamination

 

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition B, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition C.

 

4.      Works audible at the site boundary will not exceed the following times unless with the written permission of the Local Planning Authority or Environmental Health.  Monday to Friday 08.00 to 18.00 hrs, Saturday 08.30 to 13.30 and at no time whatsoever on Sundays or Public/Bank Holidays. This includes deliveries to the site and any work undertaken by contractors and sub-contractors.

 

5.      No development shall commence on site until details of the types and colours of all external facing and roofing materials to be used, together with samples, have been submitted to and approved in writing by the Local Planning Authority.  The development shall not be carried out other than in accordance with the approved details.

 

6.      Notwithstanding the details already submitted, no development shall take place on site until full details of all windows and dormer windows have been submitted to and approved in writing by the Local Planning Authority.  [The window details shall include glazing bar details at 1:2].  The development shall not be carried out other than in accordance with the approved details.

 

7.      Any gates / doors provided for the bin and cycle store shall be hung so as to open inwards into the site only.

 

8.      Prior to the occupation of the building hereby approved the refuse store and collection point, as shown on the approved plans, shall be provided. The development shall not be carried out other than in accordance with the approved details and such provision shall be retained thereafter and kept available for such purposes.

 

9.      Notwithstanding the details already submitted, prior to the commencement of the development hereby approved, a scheme for secure covered cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall include detailed plan showing a cycle store with secure storage space for at least one cycle per bedroom and one additional visitor cycle space across the entire development, together with full details of the method of racking to be used which minimises the need for manual lifting. The approved scheme for secure covered cycle storage shall be provided prior to occupation of the residential units hereby approved. The development shall not be carried out other than in accordance with the approved scheme and retained in that form, maintained and kept available for such purposes thereafter.

 

10.    Development hereby approved shall be carried out in full accordance with the submitted 'Air Quality Statement' February 2020 (Report Ref: AQ1768) received by the Local Planning Authority on 24th November 2020.

 

11.    Notwithstanding the details already submitted, no development shall take place until an updated Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The required updated Construction Management Plan shall include the following details in addition to details included in the Construction Management Plan (ref: KET/2020/0789/2A) received by the Local Planning Authority on 24th November 2020 in support of this application:

 

- Detailed plan showing the location of on-site stores and facilities including the site compound, contractor & visitor parking and turning as well as un/loading point, turning and queuing for HGVs - this may require consultation with the local Police Force in order to ensure obstruction of the highway does not happen and to facilitate coned-off areas which will also require a highways license.

 

- Details of public impact and protection to include road & footway. Details of TROs and road / footway closures and re-routeings as well as signage, barriers and remediation.

 

- Public liaison position, name, contact details and details of public consultation/liaison.

 

The Development shall only be carried out in full accordance with the updated Construction Management Plan with all measures retained for the duration of the construction works unless otherwise agreed in writing by the Local Planning Authority.

 

12.    Development hereby approved shall be carried out in full accordance with the submitted 'Protected Species Survey' March 2020 (our ref: KET/2020/0789/5) received by the Local Planning Authority on 8th January 2021.

 

13.    No works to the roof shall commence until the building has been investigated for the presence of honeybees and associated active/occupied hives. In the event that either are found, no development shall commence within affected areas of the building which could otherwise cause disturbance or harm to the honeybees or its hive until the live swarm has been removed and relocated to an appropriate alternative location within the local area by a suitably qualified person.

 

(Members voted on the officers’ recommendation to approve the application)

 

(Voting: For: Unanimous)

 

The application was therefore

APPROVED

 

 

 

 

Supporting documents: