(Public Pack)Agenda Document for Planning Committee, 20/01/2021

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Date: 11 January 2021 Ask For: James Clapson Direct Dial: 01843 577200 Email: [email protected]

PLANNING COMMITTEE

20 JANUARY 2021

A meeting of the Planning Committee will be held at 5.15 pm on Wednesday, 20 January 2021 by Video Conference.

Membership:

Councillor Tomlinson (Chairman); Councillors: Coleman-Cooke (Vice-Chairman), Albon, J Bayford, Currie, Dennis, Garner, Hart, Keen, Moore, Paul Moore, Scott, Taylor and Wright.

A G E N D A

Item No

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST (Pages 3 - 4) To receive any declarations of interest. Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda. If a Member declares an interest, they should complete the Declaration of Interest Form

3. MINUTES OF PREVIOUS MEETING (Pages 5 - 14) To approve the Minutes of the Planning Committee meetings held on 2 December 2020 and 16 December 2020, copies attached.

4. SCHEDULE OF PLANNING APPLICATIONS (Pages 15 - 20) To consider the report of the Director of Community Services, copy attached for Members of the Committee.

For Approval 4a A01 F/TH/20/1196 - FLATS 2 AND 4 SION COURT, 3 - 4 SION HILL, RAMSGATE, KENT CT11 9JA (Pages 21 - 34) 4b A02 F/TH/19/1088 - LAND ON THE SOUTH EAST SIDE OF CANTERBURY ROAD, SARRE, CT7 0LF (Pages 35 - 54)

Thanet District Council, PO Box 9, Cecil Street, Margate, Kent, CT9 1XZ Tel: +44 (0)1843 577000 Fax: +44 (0)1843 290906 DX 30555 (Margate) www.thanet.gov.uk Chief Executive: Madeline Homer Page 1 Item Subject No

4c A03 F/TH/20/1471 - FOY HOUSE, 27 - 29 HIGH STREET, MARGATE, KENT CT9 1DL (Pages 55 - 64) 4d A04 L/TH/20/1586 - 53 - 57 HIGH STREET, MARGATE, KENT CT9 1DX (Pages 65 - 70) 4e A05 FH/TH/20/1550 - 3 UPTON GRANGE BROADSTAIRS KENT CT10 2NS (Pages 71 - 76) 4f A06 TPO/TH/20/1518 - ST PETERS CHURCH, HOPEVILLE AVENUE, BROADSTAIRS, KENT CT10 2TR (Pages 77 - 80) 4g A07 TPO/TH/20/1370 - LAND ADJACENT TO 2 WILBROUGH ROAD, BIRCHINGTON, KENT CT7 9DY (Pages 81 - 84) 4h A08 TPO/TH/20/1529 - 3 UPTON GRANGE, BROADSTAIRS, KENT CT10 2NS (Pages 85 - 90) For Deferal 4i D09 F/TH/20/0575 - GREEN LAWNS, 16 SOWELL STREET, BROADSTAIRS, KENT CT10 2AT (Pages 91 - 108)

Please scan this barcode for an electronic copy of this agenda.

Page 2 Agenda Item 2

THANET DISTRICT COUNCIL DECLARATIONS OF INTEREST

Do I have a Disclosable Pecuniary Interest and if so what action should I take?

Your Disclosable Pecuniary Interests (DPI) are those interests that are, or should be, listed on your Register of Interest Form.

If you are at a meeting and the subject relating to one of your DPIs is to be discussed, in so far as you are aware of the DPI, you must declare the existence and explain the nature of the DPI during the declarations of interest agenda item, at the commencement of the item under discussion, or when the interest has become apparent

Once you have declared that you have a DPI (unless you have been granted a dispensation by the Standards Committee or the Monitoring Officer, for which you will have applied to the Monitoring Officer prior to the meeting) you must:-

1. Not speak or vote on the matter; 2. Withdraw from the meeting room during the consideration of the matter; 3. Not seek to improperly influence the decision on the matter. 4. Complete the declaration of interest form and submit it to Democratic Services.

Do I have a significant interest and if so what action should I take?

A significant interest is an interest (other than a DPI or an interest in an Authority Function) which: 1. Affects the financial position of yourself and/or an associated person; or Relates to the determination of your application for any approval, consent, licence, permission or registration made by, or on your behalf of, you and/or an associated person; 2. And which, in either case, a member of the public with knowledge of the relevant facts would reasonably regard as being so significant that it is likely to prejudice your judgment of the public interest.

An associated person is defined as:  A family member or any other person with whom you have a close association, including your spouse, civil partner, or somebody with whom you are living as a husband or wife, or as if you are civil partners; or  Any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors; or  Any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000;  Any body of which you are in a position of general control or management and to which you are appointed or nominated by the Authority; or  any body in respect of which you are in a position of general control or management and which: - exercises functions of a public nature; or - is directed to charitable purposes; or - has as its principal purpose or one of its principal purposes the influence of public opinion or policy (including any political party or trade union)

An Authority Function is defined as: -  Housing - where you are a tenant of the Council provided that those functions do not relate particularly to your tenancy or lease; or  Any allowance, payment or indemnity given to members of the Council;  Any ceremonial honour given to members of the Council  Setting the Council Tax or a precept under the Local Government Finance Act 1992

If you are at a meeting and you think that you have a significant interest then you must declare the existence and nature of the significant interest at the commencement of the

Page 3 Agenda Item 2

matter, or when the interest has become apparent, or the declarations of interest agenda item.

Once you have declared that you have a significant interest (unless you have been granted a dispensation by the Standards Committee or the Monitoring Officer, for which you will have applied to the Monitoring Officer prior to the meeting) you must:-

1. Not speak or vote (unless the public have speaking rights, or you are present to make representations, answer questions or to give evidence relating to the business being discussed in which case you can speak only) 2. Withdraw from the meeting during consideration of the matter or immediately after speaking. 3. Not seek to improperly influence the decision. 4. Complete the declaration of interest form and submit it to Democratic Services.

Gifts, Benefits and Hospitality

Councillors must declare at meetings any gift, benefit or hospitality with an estimated value (or cumulative value if a series of gifts etc.) of £25 or more. You must, at the commencement of the meeting or when the interest becomes apparent, disclose the existence and nature of the gift, benefit or hospitality, the identity of the donor and how the business under consideration relates to that person or body. However you can stay in the meeting unless it constitutes a significant interest, in which case it should be declared as outlined above.

What if I am unsure?

If you are in any doubt, Members are strongly advised to seek advice from the Monitoring Officer or the Committee Services Manager well in advance of the meeting.

Page 4 Agenda Item 3

Planning Committee

Minutes of the meeting held on 2 December 2020 at 5.15 pm in by Video Conference.

Present: Councillor Michael Tomlinson (Chairman); Councillors Coleman-Cooke, Albon, J Bayford, Currie, Garner, Hart, Keen, Rattigan, Taylor, Wright and Paul Moore.

In Attendance:

1. APOLOGIES FOR ABSENCE

Apologies were received from Councillor Dennis, Councillor Duckworth and Councillor Scott for whom Councillor Paul Moore was present.

2. DECLARATIONS OF INTEREST

There were no declarations of interest.

3. MINUTES OF PREVIOUS MEETING

Councillor Coleman-Cooke proposed, Councillor Albon seconded and Members AGREED that the minutes of the Planning Committee held on 11 November 2020 be approved and signed by the Chairman.

4. SCHEDULE OF PLANNING APPLICATIONS

(a) A01 F/TH/20/1196 - Flats 2 and 4 Sion Court, 3 - 4 Sion Hill, Ramsgate, Kent CT11 9JA

This item was withdrawn from the agenda.

(b) A02 F/TH/20/1068 - 1 Sevenscore Farm Cottages, Ebbsfleet Lane North, Ramsgate, Kent CT12 5DN

PROPOSAL: 1No. 4 Bed Detached Dwelling With Associated Parking.

It was proposed by the Chairman and seconded by the Vice Chairman:

“That the officer’s recommendation be adopted, namely that the application be APPROVED 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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

Page 5 Agenda Item 3

2 The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 15SFC-P02A, 15SFC-P04A received 20 October 2020 and the submitted drawings numbered 15SFC-P01 received 17 August 2020 and 15SFC-P03 received 27 August 2020.

GROUND; To secure the proper development of the area.

3 The external surfaces of the dwelling hereby approved shall be finished in accordance with the material schedule as annotated and illustrated on approved plan 15SFC-P04A received 20 October 2020.

GROUND In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

4 Prior the construction of the external surfaces of the development hereby approved samples of the materials to be used to the elevations and roof of the dwelling hereby approved, shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples unless otherwise agreed in writing by the Local Planning Authority.

GROUND In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

5 Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include

o species, size and location of new trees, shrubs, hedges and grassed areas to be planted, o the treatment proposed for all hard surfaced areas beyond the limits of the highway, o walls, fences, other means of enclosure proposed, o ecological enhancements to be provided within the site. shall be submitted to, and approved in writing by, the Local Planning Authority. The hard and soft landscaping shall be implemented in accordance with the approved details.

GROUND In the interests of the visual amenities of the area and to make a positive contribution to biodiversity, in accordance with Policies QD02 and SP30 of the Thanet Local Plan, and the advice as contained within the NPPF.

6 The area shown on the approved plan numbered 15SFC-P01 received 17 August 2020 for vehicle parking and manoeuvring areas, shall be kept available for such use at all times and such land and access thereto shall be provided prior to the first occupation of the dwelling hereby permitted.

GROUND To provide satisfactory off street parking for vehicles in accordance with Policy TP06 of the Thanet Local Plan and the advice contained within the NPPF

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7 Prior to the first occupation of the dwelling hereby approved visibility splays of 2m x 2m shall be provided to the access on to Ebbsfleet Lane North with no obstructions over 0.6m above carriageway level within the splays, which shall thereafter be maintained.

GROUND In the interest of highway safety in accordance with the advice contained within the NPPF.

8 The 2No. First floor windows to the south side elevation and the 1No. Second floor window to the north side elevation of the dwelling hereby approved shall be provided and maintained with obscured glass to a minimum level of obscurity to conform to Pilkington Glass level 4 or equivalent and fitted with restriction hinges, as annotated on the approved plan numbered 15SFC-P04A received 20 October 2020.

GROUND To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

9 The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes, unless otherwise agreed in writing by the Local Planning Authority.

GROUND All new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and have resilience to function in a changing climate, in accordance with Policy QD01 of the Thanet Local Plan.

10 The development hereby permitted shall be constructed in order to meet the required technical standard for water efficiency of 110litres/person/day, thereby Part G2 Part 36 (2b) of Schedule 1 Regulation 36 to the Building Regulations 2010, as amended, applies.

GROUND Thanet is within a water stress area as identified by the Environment Agency, and therefore new developments will be expected to meet the water efficiency optional requirement of 110litre /person/day, in accordance with Policy QD04 of the Thanet Local Plan.

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

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

GROUND; To secure the proper development of the area.

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3 The external surfaces of the dwelling hereby approved shall be finished in accordance with the material schedule as annotated and illustrated on approved plan 15SFC-P04A received 20 October 2020.

GROUND In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

5 Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include

GROUND To provide satisfactory off street parking for vehicles in accordance with Policy TP06 of the Thanet Local Plan and the advice contained within the NPPF

GROUND In the interest of highway safety in accordance with the advice contained within the NPPF.

Page 8 Agenda Item 3

GROUND To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

This motion was put to the vote and declared CARRIED.

Meeting concluded: 5.35 pm

Page 9 This page is intentionally left blank Agenda Item 3 Annex 1

Planning Committee

Minutes of the meeting held on 16 December 2020 at 5.15 pm by Video Conference.

Present: Councillor Michael Tomlinson (Chairman); Councillors Coleman-Cooke, Albon, J Bayford, Currie, Hart, Keen, Paul Moore, Scott, Taylor, Wright and Wing.

5. APOLOGIES FOR ABSENCE

Apologies were received from Councillor Dennis and Councillor Garner for whom Cllr Wing was present.

6. DECLARATIONS OF INTEREST

There were no declarations of interest.

7. MINUTES OF PREVIOUS MEETING

Councillor Albon proposed, Councillor Coleman-Cooke seconded and Members AGREED that the minutes of the Planning Committee held on 18 November 2020 be approved.

8. SCHEDULE OF PLANNING APPLICATIONS

9. A01 F/TH/20/1369 - 21 BELMONT ROAD, RAMSGATE, KENT CT11 7QG.

PROPOSAL: Change of use from single dwelling to a house in multiple occupation for up to 4 people (Use Class C4).

A statement from Mr Elvidge, in favour of the application was read out by an Officer.

Iain Livingstone, Planning Applications Manager, presented the report.

It was proposed by the Chairman and seconded by the Vice Chairman:

“That the officer’s recommendation be adopted, namely that the application be APPROVED 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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

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Annex 1

2 The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawings numbered 20/476/JG/PL01 REV A received 04 December 2020.

GROUND: To secure the proper development of the area.

3 No more than four persons shall occupy the property as principal or main residence at any one time.

GROUND: In the interests of neighbouring amenity, in accordance with Policy HO19 of the Thanet Local Plan.

4 Prior to the first occupation of the development, the secure cycle parking facilities, as shown on approved drawing no. 20/476/JG/PL01 REV A received 04 December 2020. shall be provided and thereafter maintained.

GROUND: To promote cycling as an alternative form of transport, in accordance with Policy TP03 and SP43 of the Thanet Local Plan.

Following debate this motion was put to the vote and declared CARRIED.

10. A02 F/TH/20/1149 - ST PETERS PRESBYTERY, 117 CANTERBURY ROAD, WESTGATE ON SEA, KENT CT8 8NW.

PROPOSAL: Change of use from a church (Use class F1) to a shop (Use Class E) for a temporary period of 12 months.

It was proposed by Cllr Albon, seconded by Cllr Paul Moore and AGREED that:

“That the officer’s recommendation be adopted, namely:

That the application be APPROVED subject to the following conditions:

1 At the expiration of a period 12 Months from the date of this decision; unless further permission has been granted, the use of the property as a shop (Use Class E) shall cease.

GROUND: In view of the temporary nature of the proposal.

2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered Site Location Plan received 28 August 2020 and the Block, Plan received 03 September 2020.

GROUND: To secure the proper development of the area.

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Annex 1

3 The use of the premises hereby approved shall not be used other than between the hours of 0900-1700 Monday to Friday and 1000-1400 Saturday.

GROUND: To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.”

11. A03 FH/TH/20/1341 - 2 ALKHAM CLOSE, MARGATE, KENT CT9 3JP.

PROPOSAL: Erection of a single storey rear extension.

This application was called to be discussed by councillors. Iain Livingstone, Planning Applications Manager, presented the report.

It was proposed by the Chairman and seconded by the Vice Chairman:

“That the officer’s recommendation be adopted, namely:

That the application be APPROVED 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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered elevations, sections and floor plans received 19 October, 2020.

GROUND: To secure the proper development of the area.

3 The external materials and external finishes to be used in the erection of the extension hereby approved shall be of the same colour, finish and texture as those on the existing property.

GROUND: In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.”

This motion was put to the vote and declared CARRIED.

Meeting concluded : 6.10 pm

Page 13 This page is intentionally left blank Agenda Item 4

THANET DISTRICT COUNCIL

PLANNING COMMITTEE

20 January 2020

BACKGROUND PAPERS TO SCHEDULE OF APPLICATIONS

The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (as amended)

(A) Standard Reference Documents - (available for inspection at the Council offices and via the Council’s website)

1. Thanet District Council Local Plan

2. Cliftonville Development Plan Document

3. Government Circulars and the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government.

(B) Register of Applications for Planning Permission (Article 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015))

(Copy of applications together with accompanying plans or drawings are available for inspection at the Council offices and via the Council’s website)

(Copies of background papers and any appeal decisions referred to are available for inspection at the Council offices and via the Council’s website)

I certify that the above items are not exempt information.

(D) Exempt information in accordance with paragraph of Schedule 12 (A) of the Local Government Act 1972.

N/A

I certify that the above items are exempt information.

Prepared by: IAIN LIVINGSTONE

SIGNED:. DATE: 11 th January 2021 Proper Officer

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THANET DISTRICT COUNCIL

REPORT OF THE DEPUTY CHIEF EXECUTIVE

PART A

TO: THE PLANNING COMMITTEE DATE: 20 January 2021

Application Number Address and Details Recommendation

A01 F/TH/20/1196 Flats 2 And 4 Sion Court 3 - 4 Sion Approve Hill RAMSGATE Kent CT11 9JA

Erection of second and third floor extension to enlarge existing 2No. 2 bedroom self contained flats to 2No. 6 bedroom self contained maisonettes with creation of roof terrace, erection of front balconies, alterations to fenestration and addition of external spiral staircase to rear, following demolition of existing parapet and first floor balcony balustrade

Ward: Central Harbour

A02 F/TH/19/1088 Land On The South East Side Of Approve Canterbury Road Sarre CT7 0LF BIRCHINGTON

Use of land for the permanent siting of two mobile homes for permanent residential occupation

Ward: Thanet Villages

A03 F/TH/20/1471 Foy House 27 - 29 High Street Approve MARGATE Kent CT9 1DL

Replacement of existing windows from timber, UPVC and metal to powder coated aluminium, extension of fascia to High Street elevation, replacement of existing doors and installation of Louvre panels to bin store, changes to render together with alterations to fenestration

Page 17 Agenda Item 4 Annex 1

Ward: Margate Central

A04 L/TH/20/1586 53 - 57 High Street MARGATE Kent Approve CT9 1DX

Application for Listed Building Consent for replacement roof

Ward: Margate Central

A05 FH/TH/20/1550 3 Upton Grange Broadstairs Kent Approve CT10 2NS

Insertion of window to first floor side elevation

Ward: Viking

A06 TPO/TH/20/1518 St Peters Church Hopeville Avenue Approve BROADSTAIRS Kent CT10 2TR

TH/TPO/20(1986) - 19No Limes - Crown reduce by up to 5m and up to 2m lateral spread.

Ward: St Peters

A07 TPO/TH/20/1370 Land Adjacent To 2 Wilbrough Road Approve BIRCHINGTON Kent CT7 9DY

M/TPO/2(1951)W1 - 1No Sycamore (T1) - Cut back to give 2m of clearance to the BT lines. 1No Sycamore (T2) - Crown Reduce Eastern Stem by 3m, 1No Sycamore (T3) - Crown Reduce Eastern stem by 3m where overhangs driveway, 1No Sycamore (T4) - Reduce tree to a false pollard/habitat pole at a height of 12m, 1No Sycamore (T6). - 2.5m Crown reduction on North East stem, 3m reduction on other lateral branches that overhang the driveway, 1No Sycamore (T7) - 4.5m Crown reduction on North West stem and opposite stem to have a 2m crown reduction on lateral branches

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overhanging the driveway, 1No Sycamore (T8) - Remove the lowest East facing branch (100mm diameter.) and crown reduce the whole tree by 2.5m, 1No Sycamore (T9) South East stem to have lowest North East facing limb removed 2m from the fork. North West stem to have North facing lowest limb removed leaving neat target pruning cut.

Ward: Birchington South

A08 TPO/TH/20/1529 3 Upton Grange Broadstairs Kent Approve CT10 2NS

TH/TPO/3(2002) - 1No Holm Oak (T1) - Crown raise to 5m targeting branches no greater than 100mm in diameter; cut back from adjacent dwellings to allow for 3m clearance, 1No Sycamore (T2) - Crown raise to 5m targeting branches no greater than 75mm in diameter

Ward: Viking

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THANET DISTRICT COUNCIL

REPORT OF THE DEPUTY CHIEF EXECUTIVE

PART B

TO: THE PLANNING COMMITTEE DATE: 20 January 2021

Application Number Address and Details Recommendation

D09 F/TH/20/0575 Green Lawns 16 Sowell Street Defer & Delegate BROADSTAIRS Kent CT10 2AT

Erection of 4No. two storey 4bed detached dwellings with associated access, parking and landscaping

Ward: St Peters

Page 20 Agenda Item 4a

A01 F/TH/20/1196

PROPOSAL: Erection of second and third floor extension to enlarge existing 2No. 2 bedroom self contained flats to 2No. 6 bedroom self LOCATION: contained maisonettes with creation of roof terrace, erection of front balconies, alterations to fenestration and addition of external spiral staircase to rear, following demolition of existing parapet and first floor balcony balustrade

Flats 2 And 4 Sion Court 3 - 4 Sion Hill RAMSGATE Kent CT11 9JA

WARD: Central Harbour

AGENT: Mr Ivan del Renzio

APPLICANT: Mr Matthew Green

RECOMMENDATION: Approve

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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawing numbered 396-PLN-200 Rev A received 4 November 2020.

GROUND; To secure the proper development of the area.

3 The external surfaces of the development hereby approved shall be finished in accordance with the material schedule as annotated and illustrated on the approved plan numbered 396-PLN-200 Rev A received 4 November 2020.

GROUND; To secure a satisfactory external treatment and to safeguard the special character and appearance of the area as a Conservation Area in accordance with Policies QD02 and HE02 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

Page 21 Agenda Item 4a

4 Prior the construction of the external surfaces of the development hereby approved samples of the proposed bricks (Brick A and Brick B) to be used shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved samples unless otherwise agreed in writing by the Local Planning Authority.

5 Prior the construction of the external surfaces of the development hereby approved details, including the manufacturers details of the proposed aluminium framed windows and doors shall be submitted to, and approved in writing by, the Local Planning Authority. Development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

6 Prior to the installation of the powder coated steel railings to the balconies hereby approved, details of their colour shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

7 All new window and door openings shall be set within a reveal of not less than 100mm.

8 The roof terraces hereby approved shall be provided in accordance with the position and provision of glazed balustrading as illustrated and annotated on the approved plan numbered 396-PLN-200 Rev A received 4 November 2020, and thereafter maintained.

Page 22 Agenda Item 4a

GROUND; To secure a satisfactory external treatment in the interests of visual amenity and to safeguard the residential amenities of adjacent neighbouring properties in accordance with Policies HE02, QD02 and QD03 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

9 Prior to the first occupation of the development hereby permitted, details of the proposed refuse and cycle store as shown on approved plan numbered 396-PLN-200 Rev A received 4 November 2020, including its detailed design, colour, finish and means of access, shall be submitted to, and approved in writing by, the Local Planning Authority. The refuse and cycle store shall be provided in accordance with the approved details in the location shown on the approved plan prior to the first occupation of the development hereby permitted, and shall be thereafter maintained for that purpose.

GROUND: To provide an adequate standard of amenity for the future occupiers of the development and in the interest of promoting cycling in accordance with Policies QD03 and TP03 of the Thanet Local Plan and advice contained within the National Planning Policy Framework.

SITE, LOCATION AND DESCRIPTION

Sion Court is a two storey mid terraced building which has a mirrored appearance of 2No. separate units, set within a terrace of four storey properties with basement levels. The application properly is prominently located within the Ramsgate Conservation Area, overlooking Ramsgate Harbour and is highly visible from the surrounding area, predominantly at an elevated level.

The surrounding built environment predominantly comprises late Georgian and Victorian four storey terraced properties with basement levels overlooking Ramsgate Harbour, of varied designs but with common features, for example vertical proportions and orderly patterns of vertically proportioned fenestration.

The property is believed to be a bomb damage site, and was previously occupied by 2No. four storey terraced buildings with basement levels which reflected the appearance of the remaining regency terraces 1 and 5 Sion Hill. The existing building comprises an unassuming design and appearance to the ground floor, incorporating bay windows, with a enclosed balcony at first floor level set under a hipped pitched roof which creates a top heavy appearance to the building.

PROPOSED DEVELOPMENT

This application relates to the top floor of Sion Court and proposes to reconfigure the front elevation at first floor level, together with the erection of an additional two storeys to enlarge the existing 2No. 2 bed self-contained flats to create 2No. 6 bed self-contained maisonettes across three floors.

Page 23 Agenda Item 4a

The proposed second and third floor extension follows the built parameters of the existing property, aligning with the existing front and rear elevation. The building shall retain the existing mirrored appearance of 2No. separate units, and shall be set under a flat roof with a parapet to the front and rear. The design of the top three floors will provide a unified appearance, with vertically proportioned fenestration, front balconies to the first and second floor, and a roof terrace at roof level, served by glazed balustrading which shall be set in from the front and rear perimeters of the building.

To the rear, some alterations to fenestration are proposed at first floor level, together with the erection of a spiral staircase accessed from the existing rear balcony to provide access to the rear garden. The southern corner of the rear balcony will provide an enclosed cycle and refuse store. The rear of the additional two storeys will contain Juliet balconies to the central openings, and windows to the remainder.

The application has been amended during the course of the application. These alterations include the omission of the top floor balconies to the front elevation, the provision of refuse and cycle storage and the further set back of the rear balustrade to the roof terrace.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP01 - General Housing Policy SP29 - Strategic Access Management and Monitoring Plan (SAMM) HO1 - Housing Development HE02 - Development in Conservation Areas GI04 - Amenity Space/Equipped Play QD02 - General Design Principles QD03 - Living Conditions QD04 - Technical Standards TP03 - Cycling TP06 - Car Parking

NOTIFICATIONS

Letters were sent to neighbouring property occupiers and a site notice was posted near the site. 17 letters of objection have been received. 5 of these objections are the same letter with the same content. The letters of objection raise the following concerns:

• The development is not in keeping with the surrounding historic architectural building design. • The development will have a negative visual impact on the Ramsgate seafront/Clifftop street scene. • The development will be detrimental to nearby Listed Buildings. • The proposal will be dominant. • The proposed additional storeys will be overbearing and result in a loss of light.

Page 24 Agenda Item 4a

• The development will result in the loss of morning sunlight to properties on Adelaide Gardens. • The proposal will result in the loss of partial sea view. • The proposed development will result in overlooking. • The proposed development will result in a loss of privacy, particularly to the existing rear garden. • The number of bedrooms proposed for the flats is excessive. • The proposal will result in overdevelopment. • The existing area is subject to parking pressure, and the proposed development will worsen this situation. • The drawings show that the third floor plans could easily be hived off into self contained flats, with their own kitchen diner, bathroom, bedroom and the top stairwell is self contained. • The proposal will have 6 bedrooms. Not many family homes have more than 4 bedrooms, unless they are a hotel or HMO. • The existing building is constructed on the site of formerly bomb damaged houses that had basements. At the time of the rebuild as was common the buildings were built without foundations, straight onto the chalk fill. There are also underground tunnels in this area. Concerned that the additional floors will create structural issues for the existing building and surrounding properties. • According to present day building regulations we do not believe that the foundations are suitable to adequately support the additional weight of a two storey extension. • Currently rent out an existing flat in the building, and am concerned about the impact of the development on rental income. • Own the freehold of the front and rear gardens and hallway, and do not give permission for extra properties using this thoroughfare or the erection of scaffolding etc. for building works. • The development will result in a loss of property value. • The building works for the proposal would mean significant and lengthy interference with the quiet enjoyment of existing properties. • Dispute that notice was served to affected freeholders and leaseholders.

Ramsgate Town Council - Ramsgate Town Council will not object to this application as long as the appropriate materials are used in the conservation area and the design features conform to conservation area standards.

It has been brought to the Council's attention that the requisite notices were not correctly served, and that notice was not originally served on Flat 1 and Flat 3 Sion Court, and was only served on Flats 2 and 4. This has now been corrected and notice has now been served on Flats 1 and 3, with a minimum of 21 days provided for further comments to be received. An updated application form and evidence of the notice letters, proof of postage, and that the letters were signed for on 11th December 2020 has been submitted.

Following the serving of these notices, no further comments have been received from neighbouring residents.

CONSULTATIONS

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TDC Conservation Officer - Thanets recently adopted Local Plan, policy HE02, states within Section 7 'The character, scale and plan form of the original building are respected and the development is subordinate to it and does not dominate principal elevations.' As well as Section 8 which states 'Appropriate materials and detailing are proposed and the development would not result in the loss of features that contribute to the character or appearance of the conservation area. New development which would detract from the immediate or wider landscape setting of any part of a conservation area will not be permitted.'

Guidance under the National Design Guide Section C2, Paragraph 45 highlights that when determining how a site may be developed, it is important to understand the history of how the place has evolved. The local sense of place and identity are shaped by local history, culture and heritage, and how these have influenced the built environment and wider landscape and paragraph 47 which states Well-designed places and buildings are influenced positively by the local vernacular, including historical building typologies such as the terrace, town house, mews, villa or mansion block, the treatment of façades, characteristic materials and details.

Previously planning has been approved for this site, reference TH/07/0208, which was for the construction of two properties which were replacing smaller developments within the terrace. For whatever reason at the time only one of these two developments, which were matching in design, were constructed. This left the other site remaining as existing, shown in the 2007 application.

Although I can appreciate that this application was approved some time ago in 2007 the premise of the infill of the site was determined as acceptable which is something which still has to be taken into consideration when reviewing this application.

Initially there were some concerns regarding the design of the proposed development through the former pre-application scheme as it appeared somewhat squat and flat formed when compared to the much taller proportions in the neighbouring properties. After further discussions with the agent, drawings were resubmitted for review which reinstate a sense of vertical emphasis to the site. This has been achieved through the splitting of the site, to appear as two separate terraces, the use of taller proportion windows with slim aluminium frames and open balconies rather than an overhanging or enclosed balcony structure. There is also a sense of hierarchy proposed to the principle facade of the terrace, with the 'heaviest' layers appearing at ground level and then reducing in weight and form density as they rise upwards. Further reflected through the use of the largest or fullest balcony on the first floor with then a slightly smaller balcony moving upwards and then none at the top level. There are a large number of examples of balconies in this formation throughout Ramsgate and within the conservation area as well as similar layouts on neighbouring properties. The course line and proportions of the windows of the neighbouring properties have also been used as influence for the form of this building. Using existing characteristics from the surrounding environment in a symmetrically formed way is a positive attribute of this application, further assisting in its cohesion into the existing terrace.

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Typically the installation of a roof terrace would be discouraged within the conservation environment. However, given that this terrace is largely stepped back from the parapet both to the front and the rear, reducing its visibility, I believe that the harm usually associated is reduced significantly.

The rear facade of the proposed scheme has been analysed as part of this application and due its orientation and enclosed nature of the site it is considered to have a reduced impact to the character and appearance of the surrounding conservation area.

The materials proposed throughout the scheme are considered to have a neutral effect on the surrounding conservation environment as they are largely reflective of those that are currently present, albeit in a largely improved form and layout.

Overall I believe the proposed scheme to be an improvement to the existing site, infilling the space as once was previously intended whilst using materials and design appropriate for the traditional environment. Splitting the site into two visual entities assists, in my option, the perceivable vertical emphasis to the site which also then further aids its cohesion into the existing character of the adjacent properties. I believe that this application has considered local and national guidance, as well as the historic integrity of the area and therefore I do not object to the proposed.

COMMENTS

This application has been called to Planning Committee by Councillor Albon to allow Members to consider the impact upon the character and appearance of the Conservation Area and the residential amenities of adjacent neighbouring properties.

The main consideration with regard to this application is the principle of development, the impact of the proposed development on the character and appearance of the Conservation Area, the impact upon residential amenity, and the impact upon highway safety.

Principle

Policy HO1 of the Thanet Local Plan permits new housing development on non-allocated sites within the confines of the urban area and villages, subject to meeting other relevant Local Plan policies, including General Housing Policy SP14. Within the Thanet Local Plan there is an allowance for 2,025 units of the required housing supply over the plan period to be provided through windfall sites, which usually consist of previously developed non- allocated sites. The scheme comprises the conversion and extension of the existing building within the urban confines to enlarge existing residential units and is therefore considered to comply with Policy HO1 of the Thanet Local Plan.

The principle of development is therefore considered to be acceptable, subject to the assessment of all other material planning considerations.

Character and Appearance

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As the site is located within a Conservation Area the Local Planning Authority must have regard for Section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 which requires special attention to be paid to the desirability of preserving or enhancing the character and appearance of the area.

The existing building is unusual in its low height, sited within a row of predominantly four storey terraced buildings overlooking Ramsgate Harbour. The building contains an enclosed first floor balcony which spans the full width of the property, which is considered to form an incompatible, top heavy feature. The proposed development would involve the erection of additional storeys to accord with the common height of the terrace to which it forms a part, the removal of this enclosed balcony, and the redesign of this elevation, to form a cohesive appearance with the proposed additional storeys.

The design of the extended and altered building shall appear as two units, of slightly differing heights which references the original increased height of the original building to the north. The height, scale and proportions of the proposed building, which will align with the front and rear elevation of the existing building, of a comparable height to the terrace to which it forms a part, is considered to successfully incorporate into the built form of the existing terrace, relating to the vertical emphasis and proportions of the surrounding built environment. The proposal will reinstate the original four storey scale and height of the building above ground floor level, providing continuity and a characteristic sense of enclosure to this prominent terrace.

The design of the extended and altered building is considered to successfully relate and integrate with the design of the ground floor of the application property, and the common design features and proportions of the terrace to which it will form a part, whilst providing a modern, contemporary approach and appearance. The fenestration will reflect a traditional pattern of fenestration, and shall provide an appropriate hierarchy, with the heaviest levels at ground level, which reduce in weight as they rise upwards. This is further reflected through the proposed balconies to the principal elevation, with the largest balcony at first floor level, a reduced balcony at second floor level and none to the top floor. There are a number of balconies at these levels within the existing terrace, and as such these balconies are not considered to be out of character with this part of the Conservation Area. The rear of the building shall provide a simpler, more modern design and appearance, which suitably references the design features of the locality. The proposed spiral staircase is considered to be a modest, lightweight addition, which will have limited prominence and is therefore not considered to be harmful to the character and appearance of the Conservation Area.

The extended and altered building shall be finished in appropriate, compatible materials for its position within a Conservation Area, including two differing red stock bricks to the front elevation, which shall suitably integrate with brickwork to the ground floor level and aid the appearance of the building as two units, aluminium framed fenestration, cast stone headers and powder coated steel balustrading. A sample material condition shall be attached to the consent should the application be approved to ensure the materials are an appropriate quality and finish.

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The proposal incorporates a glazed roof terrace, which will be meaningfully set in from the perimeter of the building by approximately 1.3m to the front elevation and 2m to the rear. Roof terraces are not an established feature of the locality, however the permitted development of the Foy Boat to the south of the terrace includes a roof terrace of a similar design and appearance. The glazed balustrading shall have a simple and lightweight design and appearance, and the set back of the balustrading from the perimeter of the building, coupled with the parapet walls shall reduce the prominence and visibility of this feature from the surrounding public realm. As such, the roof terrace is considered form a discreet addition, which is not considered to be unduly prominent or harmful to the character and appearance of the Conservation Area.

Overall, the proposed development is considered to be a compatible form of development which will successfully integrate with the existing property and the terrace to which it forms a part, and shall reinstate the scale and height of the original buildings which formerly occupied this site, providing greater continuity to the terrace. The extended and altered building will appear as 2No. units of a cohesive design, which references the design features and proportions of the surrounding built environment, whilst providing a modern approach and appearance.

The development is considered to be an improvement upon the existing building, which will enhance its contribution to the Conservation Area in this prominent location. The development is therefore considered to accord with Policies HEO2 and QD02 of the Thanet Local Plan and the National Planning Policy Framework.

Living Conditions

The proposed development will extend an additional two storeys which align with the front and rear elevation of the existing property. There are no side elevation windows to either adjoined neighbour adjacent to the proposed development. The built form of the additional two storeys will align with the front elevation of the terrace, and the top floor of the adjoined neighbour to the north, and will be set in from the three storey rear elevation of this neighbour. The proposed development will extend a modest depth forward of the four storey rear elevation of the adjoined neighbour to the south. Given the position of the proposed extension and the relationship with the adjoined neighbours, the proposed additional storeys are not considered to result in unacceptable harm to their residential amenities by way of loss of light, outlook or the creation of a sense of enclosure.

The proposed additional two storeys will involve the built development of the existing gap in the terrace above the existing two storey property. To the rear of the application property are a row of modern two storey terraced properties which are oriented so their front elevation faces north west, and the side elevation of the end terraced unit faces the application property to the east, which does not appear to contain any openings, together with part of rear gardens of properties fronting Rose Hill. Four storeys is the established height of the application terrace, and the proposal will reinstate the former height of the original units.

The proposed additional storeys will result in some impacts to these adjacent properties and rear gardens, such as some loss of daylight. However, given the position and orientation of the adjacent row of dwellings, the siting of the adjacent gardens, which only partially abuts

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the application site, and the established height and presence of the existing terrace, this is not considered to result in significant harm to the living conditions of adjacent neighbours to warrant refusal of the application.

In terms of overlooking, the proposed development will introduce second and third floor rear elevation windows. The application site is situated within a terrace of four storey buildings which include numerous windows to the rear elevation, and originally comprised 2No. Four storey buildings. Given the context of the application site and the established presence of rear elevation windows to all four storeys, it is not considered that the rear elevation windows to the proposed development would significantly increase the existing established level of overlooking, or result in significantly harmful overlooking.

The proposed roof terrace will incorporate approximately 1.2m high glazed balustrading. The position of the rear balustrading has been amended and further set back, and will now be sited 2m from the rear elevation. This set back of the balustrading will restrict possible views to the rear from the roof terrace, through the presence of the built form, which will prevent harmful overlooking.

In terms of the living conditions for future occupiers, the proposed enlarged units provide generous accommodation, which will exceed the applicable Nationally Described Space Standards. All primary habitable rooms shall be served by front or rear windows which will provide suitable light, outlook and ventilation.

Thanet Local Plan Policy GI04 expects doorstep play space which is immediately adjacent to, and easily accessible from the proposed site for units of accommodation with 2 or more bedrooms. The proposal is unable to provide external doorstep play space to the rear as this space is occupied by the rear gardens of the ground floor units which are not included within the application site.

The site is located within a high density urban environment and is a short distance to Ramsgate Beach and other amenity areas which provide recreational space. The proposal will include a large roof terrace to each enlarged unit, which, whilst not constituting doorstep play space, provides some amenity space to serve the enlarged units. Given the location and constraints of the application site, its proximity to recreational space, and the provision of roof terraces, it is not considered that the lack of doorstep play space would be considered unacceptable in this instance.

The proposed development includes an enclosed refuse and cycle store to part of the rear balcony, which is considered to provide suitable and sufficient relatively discreet provision which is accessible to both units, and provided with access to the rear gardens through the proposed spiral staircase.

The proposed development is therefore considered to be acceptable in terms of residential amenity of the adjacent neighbours and the future occupiers of the proposed dwelling in accordance with Policy QD03, QD04 and GI04 of the Thanet Local Plan, and the National Planning Policy Framework.

Highways

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The proposal seeks to enlarge the existing residential units to 2No. 6 bed maisonettes and does not propose any off street parking.

The site is located in close proximity to Ramsgate Town Centre which provides a range of amenities, and is located in the vicinity of several bus stops which are served by a number of bus services. As such, the site is considered to be sustainably located. Restricted on street parking is available on Sion Hill and restricted and unrestricted on street parking is available in surrounding roads.

Whilst the proposal is likely to result in some additional demand for parking, given the sustainable location of the site and the nearby parking availability, it is not considered that the proposal will result in significant material harm to the local highway network or highway safety, in accordance with Policy TP06.

The development incorporates enclosed cycle storage provision to part of the first floor rear balcony, which is considered to provide adequate cycle storage to satisfy Policy TP03.

Contributions

Natural England has previously advised that the level of population increase predicted in Thanet should be considered likely to have a significant effect on the interest features for which the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and RAMSAR have been identified.

Thanet District Council produced the 'The Strategic Access Management and Monitoring Plan (SAMM)' to deal with these matters, which focuses on the impacts of recreational activities on the Thanet section of the Thanet Coast and Sandwich Bay Special Protection Area (SPA). The studies indicate that recreational disturbance is a potential cause of the decline in bird numbers in the SPA. To enable the Council to be satisfied that proposed residential development will avoid a likely significant effect on the designated sites (due to an increase in recreation) a financial contribution is required for all housing developments to contribute to the district wide mitigation strategy. This mitigation has meant that the Council accords with the Habitat Regulations.

The proposal would increase the overall floor area and number of bedrooms of the existing residential units, but does not propose the creation of any additional residential units. As the amount of residential units on site is not altering, it is considered that the development would not result in material additional recreational pressure within the district and as such it is considered that an SPA contribution is not required in this instance.

Other Matters

Concern has been raised regarding the structural integrity of the existing building and the ability to construct the proposed development. This falls within the remit of Building Regulations.

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Concerns have been raised relating to freehold ownership, access and permission to construct the proposed development. These are civil matters which fall outside of the planning system.

Concern has been raised regarding the loss of property value. The impact of a proposed development upon property value is not a material planning consideration in the determination of planning applications.

Concern has been raised regarding the loss of views. The loss of a view is not a material planning consideration in the determination of planning applications.

Conclusion

Overall the amended scheme is considered to be a compatible form of development within the Conservation Area, which has an acceptable impact upon the living conditions of adjacent neighbours, highway safety and amenity, and provides a satisfactory standard of amenity for future occupiers. The proposed amended development is therefore considered to be acceptable and in accordance with the relevant Thanet Local Plan policies and the National Planning Policy Framework.

It is therefore recommended that members approve this application, subject to safeguarding conditions.

Case Officer Jenny Suttle

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TITLE: F/TH/20/1196

Project Flats 2 And 4 Sion Court 3 - 4 Sion Hill RAMSGATE Kent CT11 9JA

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A02 F/TH/19/1088

PROPOSAL: Use of land for the permanent siting of two mobile homes for permanent residential occupation LOCATION: Land On The South East Side Of Canterbury Road Sarre CT7 0LF BIRCHINGTON

WARD: Thanet Villages

AGENT: Mr John Elvidge

APPLICANT: Mr C Taylor

RECOMMENDATION: Approve

Subject to the following conditions:

1 The development hereby approved shall be carried out in accordance with the submitted drawings numbered unnumbered plan received 4th December 2020.

GROUND; To secure the proper development of the area.

2 Any structures sited on the land shall not exceed single storey in height

GROUND: In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policy QD02 of the Thanet Local Plan.

3 The area shown on the approved plan for vehicle parking and manoeuvring areas, shall be kept available for such use at all times and such land.

GROUND: To provide satisfactory off street parking for vehicles in accordance with Policy TP06 of the Thanet Local Plan and the advice contained within the National Planning Policy Framework.

INFORMATIVES

The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting

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bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.

SITE, LOCATION AND DESCRIPTION

The application site is roughly rectangular in size and sits to the south side of Canterbury Road, to the south of Granary Cottage and north west of Bramble Cottage to the north east of the main part of Sarre.

Two mobile homes are located on the site. Access to the site is from Canterbury Road and the site boundaries are heavily landscaped.

RELEVANT PLANNING HISTORY

F/TH/15/1181 - Retrospective application for the change of use of land for the siting of 2no. mobile homes for residential use for a period of three years. Refused by officer on 11th August 2016 on the following grounds:

"The site is outside of the built up area boundary of any settlement and, as such, represents an unsustainable and isolated form of development within the countryside, for which there is no justification, contrary to Policies CC1 and CC5 of the Thanet Local Plan and Paragraphs 49 and 55 of the National Planning Policy Framework.".

A planning appeal was submitted in relation to the refusal and a served enforcement notice for the unauthorised change of use of the land for the siting of 2 no. mobile homes, with the requirement to remove the mobile homes. The planning appeal was allowed with the notice upheld and varied, allowing the temporary permission of use of the land on11th July 2018 for three years. The appeal decision is appended to this report at Annex 1.

PROPOSED DEVELOPMENT

Planning permission was granted for the siting of the two mobile homes for a period of 3 years by the Planning Inspectorate in July 2018. This application seeks consent for the permanent siting of the mobile homes on the site for residential occupation.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP01 - Spatial Strategy - Housing SP13 - Housing Provision SP14 - General Housing Policy SP24 - Development in the Countryside SP26 - Landscape Character Areas SP27 - Green Infrastructure SP29 - Strategic Access Management and Monitoring Plan

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SP35 - Quality Development SP36 - Conservation and Enhancement of Thanet's Historic Environment SP43 - Safe and Sustainable Travel SP44 - Accessible Locations H01 - Housing Development GI04 - Amenity Green Space and Equipped Play Area QD02 - General Design Principles QD03 - Living Conditions QD04 - Technical Standards HE03 - Heritage Assets CC02 - Surface Water Management TP02 - Walking TP03 - Cycling TP06 - Car Parking

NOTIFICATIONS

Letters were sent to adjoining occupiers, a site notice posted close to the application site and the application publicised in a local newspaper.

Two representations have been received objecting to the proposal. Their comments are summarised below:

• The appeal only allowed temporary siting of the mobile homes and gave a date for them to be removed - was it always the intention for them to be permanent? • Can anyone request to have a mobile/static caravan on their land for permanent residential use rather than build a dwelling to live in? • Affect local ecology; • Increase danger of flooding; and • Strain on existing community facilities.

St Nicholas at Wade with Sarre Parish Council: Object to the application on the basis that the vehicular access is inadequate, the site is close to a listed building and not in keeping with the surroundings. It is noted that the previous application was dismissed.

CONSULTATIONS

KCC Biodiversity: No ecological information has been submitted with the application. Advise that the proposed development has limited potential to result in ecological impacts and are satisfied that there is no requirement for an ecological survey to be carried out.

The majority of the site is bare ground or short managed vegetation. There is, however, a small section of the site (south west corner) which is vegetated and is adjacent to an area where reptiles were recorded and as such, it is a possibility that protected species may be located on the site. If any vegetation were to be cleared within that area it must be carried out under a precautionary mitigation approach. Recommend a condition to that effect is attached to any grant of planning permission.

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TDC Environmental Health: No concerns from an Environmental Health perspective.

KCC Highways: There is a previous permission granted on appeal for the temporary siting of the mobile homes for three years. The access and parking were not reasons for refusal, neither were they raised by the appeal Inspector. The access itself was presumably considered acceptable when planning permission was granted for it. There are no recorded personal injury crashes at the access in the 5 years to end of 2019. Therefore, subject to the provision of suitable parking and turning facilities, I don't see any grounds to reasonably refuse in highway terms.

TDC Conservation Officer: This site is located nearby to the Grade II listed Sarre Windmill and Mill and therefore considerations have to be made for any impacts imposed by this application to the setting of the listed property. The site is not located within the Sarre Conservation Area. Previous application, F/TH/15/1181 for this site refused permission for the mobile homes to stay in this location and it was asked that they be removed by the enforcement team.

Thanets recently adopted Local Plan, policy HE02, states within Section 7 'The character, scale and plan form of the original building are respected and the development is subordinate to it and does not dominate principal elevations.' As well as Section 8 which states 'Appropriate materials and detailing are proposed and the development would not result in the loss of features that contribute to the character or appearance of the conservation area. New development which would detract from the immediate or wider landscape setting of any part of a conservation area will not be permitted.'

Within the NPPF Section 16, 192 questions 'the positive contribution that conservation of heritage assets can make to sustainable communities including their economic viability' and 'the desirability of new development making a positive contribution to a local character and distinctiveness'. Additionally under the Listed Buildings and Conservation Areas Act 1990, Section 72 Paragraph 1, which describes, in respect to any buildings special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

Previously in the past, through other multiple application submissions, the land adjacent to Sarre Windmill has been considered to be listed via its proximity to the windmill itself and therefore listed through association via curtilage. The small out buildings that are included within the setting of the windmill have a relationship through their various functions in the past and are therefore Grade II listed through that curtilage and presence in the context of the windmill.

Listed building consents have been submitted in the past for works that affect anywhere within this complex as they are considered to affect the sitting of the Windmill and the associated granary building. Granted, the buildings have evolved over time, but in most cases done so through the listed building consent process and in a way deemed appropriate towards the setting and character of the area and not detrimental to its aesthetic appearance.

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The permanent siting of the two mobile homes is inappropriate for this area as they would not contribute positively to the setting of the two Grade II listed structures or other buildings within the surrounding complex. This is largely through their clunky and contemporary appearance amongst other much older properties which have been cited to the site for a considerable amount of time, as well as also at some point contributing to the functionality of the complex. Mobile homes, through their use as typically a non permanent or transportable structure, are viewed as just that, temporary structure, and in my opinion do not appear as though they should be permanently sited within this complex. When compared to other outbuildings on the site these are again, what they claim to be, outbuilding and small scale structures which permanent structure siting mean to last a more substantial portion of time.

I would have concerns that the mobile home structures, should they be allowed on a permanent basis, would in fact degrade much sooner than a typical outbuilding, appearing less maintained and less functional on a much shorter time frame than a typical out building. I can acknowledge that there is a mixture of other outbuildings and small structures present on the site which contribute varying amounts to the site's significance and historical standing.

In summary I believe their presence would have a detrimental impact on the perceivable character and appearance of the surrounding environment and the overall aesthetic of the site as traditional farmland as well as nearby listed and curtilage listed structures. Previously their presence was allowed on the basis that it was a temporary solution and following the designated time period should now be removed as not to contradict Local Plan Policy HE02 or other national legislation included above. For the combination of the reasoning presented above I therefore object to the application proposed.

COMMENTS

This application is reported to Planning Committee as a departure from Policy H01 of the Thanet Local Plan as the proposed is for residential development outside of the defined village confines on the policies map.

Principle

In line with Section 38(6) of the Planning and Compulsory Purchase Act 2014, planning decisions must be taken in accordance with the 'development plan' unless material considerations indicate otherwise. The requirements of the National Planning Policy Framework (NPPF) are a significant material consideration in this regard.

The application site lies within an area designated as countryside as defined by the Thanet Local Plan. Policy H01 of the Thanet Local Plan states that permission for new housing development will be granted on non-allocated sites within the confines of the urban area and villages. Furthermore, Policy SP01 of the Thanet Local Plan states that the primary focus for new housing development in Thanet is the urban area as identified on the Policies Map. The proposal falls outside of the village confines, and is therefore contrary to Policy H01 of the Thanet Local Plan, whilst also failing to comply with the objective of Policy SP01.

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It is confirmed that a full allocation of housing for the plan period has been identified within the Thanet Local Plan, which in addition to the properties built, granted planning permission, empty properties to be brought back into use, and windfall sites, will exceed the Council's requirement of 17,140 of residential units during the plan period up until 2031. The Thanet Local Plan has been through examination and full consultation, and was recently adopted. The Thanet Local Plan 2020 can therefore be given substantial weight in decision making, with the Council's position being that we have a 5 year housing supply equating to 5.77 years (with a 20% buffer).

In addition to this, the Thanet Local Plan does not allocate any housing in the village of Sarre. In the preamble to Policy SP01, the rationale provided is that the village has "very limited services and facilities required to meet the day-to-day needs of their residents" and therefore new development is limited to proposals which "fall within the confines of the village, and is expected to be small in scale, consistent with their form and character".

Policy SP24 of the Thanet Local Plan considers development within the countryside, and provides a list of development within the countryside that is permitted through the policy. The proposed development does not fall within the list of development permitted; nor is it considered to fall under the isolated development criteria within the policy, given its location surrounded by residential and other development. The proposal is therefore considered to be contrary to the criteria of Policy SP24 of the Thanet Local Plan.

The village of Sarre has limited facilities with only a public house by way of services. In the previous appeal decision, the Inspector considered that the application site is, however, well connected by public bus services to the Thanet Towns to the east and towards Canterbury to the west, whilst facilities and services in St Nicholas at Wade can be reached by bus and is a reasonable cycling distance from the site. This is placed within the overriding context of the principles of Policy SP01, and as acknowledged in the appeal decision, the proposal would therefore result in harm to the sustainability objectives of the plan, however this is considered to be minor due to the number of units proposed in this particular location and the relationship between Sarre, St Nicholas-on- Wade and public transport links.

Notwithstanding the lack of overarching need for the proposed dwellings, there are limited economic and social benefits that can be attributed to the provision of these two units from the continued permanent use of the site. These will be considered in the recommendation to members.

Character and Appearance

Paragraph 127 of the National Planning Policy Framework states that development should function well and add to the overall quality of the area, be visually attractive as a result of good architecture, be sympathetic to local character and establish or maintain a strong sense of place. Paragraph 170 of the National Planning Policy states that the planning decisions should protect and enhance valued landscapes, and recognise the intrinsic character and beauty of the countryside.

Policy SP26 of the Local Plan seeks to conserve and enhance Thanet's Landscape Character Areas' local distinctiveness. In this case, the application is set within the Wantsum

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North Slopes Landscape Character Area, which is characterised by an open landscape with few features, which provides wide and long views of the former Wantsum Channel Area.

The application site abuts existing buildings and dwellings associated with Sarre Windmill, and that group is itself closely adjoined by houses fronting onto Ramsgate Road (A253). It is considered that in this instance, the application site extends an existing developed cluster rather than being separated from other development.

The mobile homes have a natural low profile and the established natural screening around the site, limiting all but very occasional glimpsed views of the mobile homes, it is not considered that the development has an adverse impact on the character or appearance of the surrounding area, nor the Landscape Character Area. These factors together with the intervening buildings and structures between the site and the listed buildings also mean that any impact on them and their setting is minimised.

As outlined in the Inspector's decision, the use of the land results in the loss of the previous undeveloped character of the site, meaning some harm to the general countryside protection (implicit within Policy SP24). However this is extremely limited given the location of the development in relation to surrounding and adjacent built form, with substantial screening around the site.

The proposed development is therefore considered to be acceptable in terms of its visual impact upon the countryside, and the character and appearance of the area, in accordance with Policies SP26 and QD02 of the Thanet Local Plan and the National Planning Policy Framework.

Impact on Heritage Assets

Sarre Windmill and The Granary are grade II listed buildings. Under the Planning (Listed Building and Conservation Area) Act there is a duty on Local Planning Authorities in considering whether to grant listed building consent for development which affects a listed building or its setting to "have special regard to the desirability of preserving the building or its setting…". If there is considered to be harm to a listed building as a result of the proposed works, there is a presumption under the Act to refuse listed building consent. The site is also within the Sarre Conservation Area with which special attention should be paid to the desirability of preserving or enhancing the character or appearance of the designated area (Planning (Listed buildings and Conservation Areas) Act 1990). The National Planning Policy Framework (NPPF) 2018 states that when considering the impact of a proposed development on the significance of a designated heritage asset; great weight should be given to the asset's conservation. This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance (paragraph 193). The NPPF goes on to state in paragraph 196 states that where a development proposal would lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including where appropriate, securing its optimum viable use.

Policy HE03 of the Local Plan states that proposals that affect both designated and non- designated heritage assets, will be assessed by reference to the scale of harm, both direct

Page 41 Agenda Item 4b

and indirect, or loss to, the significance of the heritage asset in accordance with the criteria in the National Planning Policy Framework.

The concerns raised by the Conservation Officer are noted and outlined above. These specifically relate to the nature of development in this locality, in regard to the appearance of the type of accommodation provided within the curtilage of the Sarre Windmill. The applicant contends that the development does not form a functional relationship with the land and buildings associated with the Windmill. In the supporting statement the applicant states that:

" The Granary, Bramble Cottage and the former store have previously been acknowledged as listed, and curtilage listed, respectively, through their listing, proximity to, and functional relationship with, the listed mill. This arose from the fact that the three buildings were directly associated with the mill, in terms of their use, during the late 19th and early 20th centuries, as confirmed by historic maps. The later maps of 1939 and 1961-1970 show that there was a wider area associated with Bramble Cottage, which was occupied by pig pens at the time when the building was used as a slaughterhouse in connection with the nearby meat processing factory. However, these maps confirm that the curtilage of the application site lay outside of this area and did not form part of this particular aspect of the use. As such, this site has at no time enjoyed any functional or physical relationship with the listed mill and cannot be regarded as part of the curtilage listing. The application site has not, and does not, therefore possess any functional, physical or visual relationship with the listed mill or Granary, or its curtilage listed structures, the latter of which it must be remembered are not listed in their own right."

Having regard to the differing views of the applicant and Conservation officer, it is contended that the development must be considered in the context of the listed structures and Conservation area, with particular regard to the visual character of the type of accommodation that would be permanently permitted on the site in the event of approval. It is acknowledged that the mobiles are wholly self-contained within their own curtilage, and well screened on all sides from public points of view, such that from both Canterbury Road and the public footpath to the north. Therefore it is agreed that the homes are not read visually in the context or setting of any heritage building from outside the application site or when in the immediate vicinity of the Windmill. Whilst the impact on the designated heritage assets was temporary from the previous approval, the previous decisions by both the Council and the Planning Inspector did not raised any impact on the designated heritage assets.

In regard to concerns about degradation, the current condition of the site does not result in a negative impact on the setting of the designated asset, and if degradation were to occur in the future then the Council has the ability under Section 215 of the Planning Act to serve a notice on the owner if the condition of buildings or land is adversely affecting the amenity of the area.

Great weight is afforded to the conservation of the designated Grade II Sarre Mill and Mill Shop and the curtilage listed structures in the consideration of the impact from this proposal. The impact on the designated heritage assets is considered to be less than substantial, and whilst this impact is given weight in the determination of the application, the impact is minimised due to the low level scale of the structures and their physical and visual

Page 42 Agenda Item 4b

separation from the listed structures, with no detrimental impact on Sarre Conservation area to the south west of the site.

Living Conditions

Paragraph 117 of the NPPF states that planning decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Paragraph 127 states that planning decisions should ensure that all developments (a) function well and add to the overall quality of the area for the lifetime of the development; (b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping, (c) are sympathetic to local character and history including the surrounding built environment and landscape setting, (d) establish or maintain a strong sense of place, (e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and (f) create places that are safe, inclusive and accessible with a high standard of amenity for existing and future users.

Policy QD02 - General Design Policies states that the primary planning aim in all new development is to promote or reinforce the local character of the area and provide high quality and inclusive design and be sustainable in all other respects. Policy QD03 (Living Conditions) states that All new development should: 1) Be compatible with neighbouring buildings and spaces and not lead to the unacceptable living conditions through overlooking, noise or vibration, light pollution, overshadowing, loss of natural light or sense of enclosure. 2) Be of appropriate size and layout with sufficient usable space to facilitate comfortable living conditions and meet the standards set out in QD04. 3) Residential development should include the provision of private or shared external amenity space/play space, where possible. 4) Provide for clothes drying facilities and waste disposal or bin storage, with a collection point for storage containers no further than 15 metres from where the collection vehicle will pass. Policy QD04, which are the National Described Space Standards (March 2015). Policy GI04 states that new family dwellings (those with 2 or more bedrooms) will be expected to incorporate garden space in order to provide a safe "doorstep play area for young children. With doorstep playspace being defined as playspace for young children which is immediately adjacent to, closely visible and safely accessible from the dwellings served.

The mobile homes are situated some distance away from surrounding properties with the site surrounded by established natural screening. As such it is not considered that there is any adverse impact from them on the residential amenities of adjoining residents.

The mobile homes are of a good size with all facilities required for independent occupation. It is, however, noted that they would not meet the space standards as required by policy QD04, but it is not considered appropriate that these are applied in this instance as the application relates to mobile homes and not buildings. Amenity space, parking, bin and cycle storage all available within the site. Given the above, it is considered that development offers a good standard of accommodation for its residents.

Highways

Page 43 Agenda Item 4b

It is accepted that Sarre has limited facilities with only a public house by way of services. The application site is, however, well connected by public bus services to the Thanet Towns to the east and towards Canterbury to the west. St Nicholas at Wade has a larger range of services and facilities and can be reached by bus and is a reasonable cycling distance from the site. There is space within the site for vehicular parking and cycle storage.

Concerns have been raised that the access to the site is inadequate. No concerns were raised about the access to the site by the Inspector when allowing the appeal. Given the limited traffic generation from two mobile homes, it is not considered that there would be any adverse effect on highway safety.

The proposed development is therefore considered to be acceptable in terms of highway amenity and highway safety, in accordance with Policies TP03 and TP06 of the Thanet Local Plan and the National Planning Policy Framework.

Flooding/Drainage

Concerns have been raised by local residents that the proposed development would result in an increased risk of flooding.

Paragraph 155 of the NPPF refers that inappropriate development in areas at risk of flooding should be avoided. Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Policy CC02 states that all new development is required to manage surface water resulting from the development using sustainable drainage systems (SuDs) wherever possible.

The site is located within flood zone 1 (Land having a less than 1 in 1,000 annual probability of river or sea flooding) as shown on the Environment Agency's Flood Risk Maps and given that the site is less than a hectare in size there is no requirement for the applicants to submit a Flood risk Assessment. The two mobile homes occupy a relatively small part of the application site leaving the area around the site (bare ground or maintained vegetation) free to absorb water. Given the above, it is not considered that the proposed development would cause flooding on site or in the surrounding area.

Ecology and Biodiversity

The NPPF states at paragraph 170 states that the "planning system should contribute to and enhance the natural and local environment by … minimising impacts on biodiversity and providing net gains in biodiversity where possible …" The NPPF continues at paragraph 175 that "if significant harm resulting from the development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused. Policy SP27 states that all development proposals should, where possible, safeguard Thanet's Green Infrastructure network and enhance it by integrating new multifunctional Green Infrastructure by integrating Green Infrastructure provision in the design of developments. Opportunities to improve Thanet's Green Infrastructure network by protecting and enhancing existing Green Infrastructure assets and the connections between and providing new Green Infrastructure

Page 44 Agenda Item 4b

assets should be included early in the design process for major developments, together with consideration of how they will be managed and maintained in the long term.

No ecological information was submitted with the application. Kent County Council's Ecology Team have reviewed the application and advice that given the majority of the site is bare ground or short managed vegetation with limited potential for protected species, there is no requirement for ecological information to be submitted with the planning application. They note, however, that a small section of the site (south west corner) which is vegetated and is adjacent to an area where reptiles were recorded and as such, it is a possibility that protected species may be located on the site. They advise that if any vegetation were to be cleared within that area it must be carried out under a precautionary mitigation approach.

Given the size of the site and scale and nature of the proposed development it is considered that it is unlikely to have a significant impact on ecology in the area. It is considered appropriate to add an informative relating to vegetation clearance.

Other Matters

This application requires the payment of this contribution. The applicant has agreed to pay the contribution and has submitted an undertaking to that effect.

Conclusion

In officer’s view, this is a very balanced case when considering the relevant material planning considerations from the planning history of the site, the impact on the countryside and sustainability, and the impact on designated heritage assets.

It has been acknowledged that the site is currently situated outside a defined settlement boundary, and therefore for all intents and purposes rural policies of restraint apply. It has been demonstrated that they would be harm to the sustainability objectives of the Local Plan, albeit limited due to the number of units proposed and the provision of public transport to and from services in nearby villages.

Page 45 Agenda Item 4b

In terms of the economic dimension of sustainable development, the permanent retention of the 2 mobile homes would help support local facilities and services which will be of benefit, albeit limited, to the local economy.

In terms of the social dimension to sustainable development, the scheme brings forward some limited benefits with the retention of the 2 dwellings, continuing social interaction between the occupiers of the mobile homes and surrounding residents. All of these benefits are limited in the context of the Council having an up-to-date adopted local plan providing the full need of housing on allocated site or capacity within the identified urban and village confines.

In terms of the environmental dimension of sustainable development, the environmental issues are assessed in earlier sections of this report but to summarise, it is not considered that the proposal would have an adverse impact on the character and appearance of the Sarre conservation area, the Landscape Character Area or the intrinsic beauty of the countryside, due to the scale and location of the proposal. Whilst weight must be afforded to the specific concerns of the Conservation officer and the presence of mobile homes within the area surrounding the listed structures at Sarre Windmill, paragraph 196 of the NPPF requires weighing the less-than-substantial harm against the public benefits, in this instance the economic and social benefits outlined above.

The development is considered to be a compatible with surrounding uses, which shall be set comfortably within the existing group of buildings, forming a suitable infill development which shall not result in material harm to the countryside or landscape character area. The development would have an acceptable impact upon the living conditions of adjacent neighbours, highway safety and amenity, and provides a satisfactory standard of amenity for future occupiers.

Overall it is considered that the social and economic benefits would, on balance, outweigh the environmental harm in regard to the designated heritage assets and sustainability objectives, forming an acceptable departure to Policies HO1 and SP24 of the Thanet Local Plan.

It is therefore recommended that, on balance, members approve this application, subject to safeguarding conditions and reference to the submitted unilateral undertaking.

Case Officer Annabel Hemmings

Page 46 Agenda Item 4b

TITLE: F/TH/19/1088

Project Land On The South East Side Of Canterbury Road Sarre CT7 0LF BIRCHINGTON

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Appeal Decisions Site visit made on 3 April 2018 by V F Ammoun BSc DipTP MRTPI FRGS an Inspector appointed by the Secretary of State for Housing, Communities and Local Government Decision date: 11 July 2018

Two appeals relating to land on the South East side of Canterbury Road, Sarre, Birchington, Kent  The appeals are made under section 174 and 78 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991.  The appeals are made by Ms Patricia Clare Taylor as the Executor of John Baes (Deceased) against an enforcement notice issued by Thanet District Council and against a refusal of planning permission by that Council.

Appeal A - Ref: APP/Z2260/W/17/3169305 – the planning application  The application Ref F/TH/15/1181, dated 13/11/2015, was refused by notice dated 11 August 2016.  The development proposed is Retrospective application for the temporary use of land for a period of three years for the siting of two mobile homes.

Appeal B - Ref: APP/Z2260/C/17/3171975 – the enforcement notice  The enforcement notice was issued on 18/01/2017.  The breach of planning control as alleged in the notice is Without planning permission, the change of use of the land for the siting of 2No.mobile homes for residential use.  The requirements of the notice are Remove from (sic) the 2No; unauthorised mobile homes from the land.  The period for compliance with the requirements is four months.  The appeal is proceeding on the grounds set out in section 174(2) (f) and (g) of the Town and Country Planning Act 1990 as amended. Since the prescribed fees have not been paid within the specified period, the application for planning permission deemed to have been made under section 177(5) of the Act as amended have lapsed.

Summary of Decisions

1. Temporary planning permission is granted, and the enforcement notice is varied, amended and upheld, as set out in the Formal Decisions.

Application for costs

2. An application for a full award of costs was made by Ms Patricia Clare Taylor the Executor of John Baes (Deceased) against Thanet District Council. This application is the subject of a separate Decision.

Preliminary and policy matters

3. The two appeals relate to the same development, as the mobile homes for which temporary planning permission is sought are those against which the enforcement notice is directed. Because the necessary fee was not paid, there is no deemed planning application to retain the mobile homes in respect of the

https://www.gov.uk/planning-inspectorate Page 49 Agenda Item 4b Appeal Decisions APP/Z2260/C/17/3171975 and APP/Z2260/W/17/3169305 Annex 1 enforcement notice appeal. The planning merits of the mobile homes will, however, be considered in relation to the planning application appeal. The development applied for was the temporary1 use of land for a period of three years for the siting of two mobile homes.

4. Neither party has referred to mistypings of the notice requirements, an additional “from” and punctuation. To correct them would not involve harm to either party and I shall do so. The planning application described the site as Land at Brambles Cottage (formerly The Bakery), the Council decision letter refers to Brambles Cottage, but the Appellant’s evidence refers to the Old Piggery. Taking into account that there is no dispute as to what site is referred to and shown in the relevant plans, I shall use the more general description set out in the enforcement notice.

5. The appeal site is situated to the north east of the main part of Sarre. It is together with adjoining land and buildings historically associated with Sarre Windmill. This area is outside the Sarre settlement boundary as defined in the Thanet Local Plan 2006 (LP), and this is consistent with and may reflect a small but significant gap evident on both the A28 and A253 frontages between the Windmill associated buildings2 and the LP boundary. As a result the site is to be treated under LP policies3 as within the countryside.

6. One of the mobile homes was placed on the site for the now deceased previous owner of the land while works on a nearby building were taking place, the second is stated to have been brought onto the land for family members when the previous owner became unwell. The mobile homes are currently occupied by relatives of the deceased.

7. The Thanet Council acknowledges that it cannot demonstrate a five-year housing land supply. As a result development plan policies for the supply of housing are out-of-date by virtue of National Planning Policy Framework (NPPF) paragraph 49, and the fourth bullet point of NPPF paragraph 14 applies. This states in part that planning permission should be granted unless “any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of this Framework as a whole; or specific policies in this Framework indicate development should be restricted4.

8. I have taken into account the representations from interested parties but do not refer to them individually where they reflect the views of the Council or Appellant.

Appeal A – the planning application

9. From my inspection of the site and area, and from consideration of the representations made, I have concluded that the main issues in this case are whether there would be harm to countryside protection or sustainability objectives, and if so, whether and to what extent they outweigh any benefits of the proposal.

1 The decision notice does not refer to the application having been made for a temporary three year period, nor does the officer report on the application. Similarly the appeal form states that the description of development has not changed from that set out in the application form. The copy planning application form provided for the Appellant, however, shows the contrary. 2 And other buildings including the listed Tollgate Cottage fronting onto the A253. 3 Policy CC1 and CC2 are relied on. A reference to policy CC5 was made in error. 4 A footnote gives examples of such specific policies but none relate to the appeal site nor do the representations indicate that this proviso is relevant to the appeals. https://www.gov.uk/planning-inspectorate 2 Page 50 Agenda Item 4b Appeal Decisions APP/Z2260/C/17/3171975 and APP/Z2260/W/17/3169305 Annex 1 10. Turning first to countryside considerations, the mobile homes abut existing buildings and dwellings associated with Sarre Windmill, and that group is itself closely adjoined by houses fronting onto the Ramsgate Road A253. The appeal mobile homes thus extend an existing developed cluster rather than being physically isolated in the sense of being separated from any other development. But though not isolated in that sense, Policy CC1 establishes that the mobile homes are to be considered as in the countryside. Nor is the application of this policy arbitrary having regard to the small but significant gap in development referred to. The supporting text to CC1’s conclusion that within the countryside new development will not be permitted unless there is a need for the development that overrides the need to protect the countryside refers to longstanding structure plan policies to locate all but essentially rural development in the Thanet towns. The appeal site was previously open land historically associated with the Sarre Windmill group. Its position between that group and the A28 would have served to set back that development from the road at this point, as is shown on earlier maps of the group forming an approximately square compound set back from the road. Its use for siting two mobile homes involves loss of this previous undeveloped character, and thus some harm to countryside protection policy and conflict with LP policy CC1. The effect of this harm is however reduced by the present good natural screening to the A28 frontage, the naturally low profile of the mobile homes, and the application being for temporary permission. I have concluded that the harm to countryside protection objectives of policy CC1 should have only minor weight5.

11. The Council referred to policy CC2 which relates in part to the control of development within the former Wantsum Channel North Shore landscape character area, stating that therein new development will not normally be permitted, other than where it can be demonstrated that it is essential for the economic or social well-being of the area. As the appeal site is within the said landscape area, it follows that the policy applies and is breached by the appeal proposal in the absence of evidence of being essential. However for the same reasons as set out above I have concluded that policy CC2 does not add to the weight already given to the effect upon countryside protection. Nor do I consider there would be an adverse effect upon the setting of Sarre Windmill, a listed building.

12. Turning to sustainability, the appeal site is well connected by public bus services to the Thanet towns to the east and towards Canterbury to the west. Sarre itself has only a public house by way of services, but St Nicholas at Wade is better provided and is within a very short bus trip and reasonable cycling distance. I have concluded that the site has good public transport links to a range of existing local services. There would also be potential benefit to these services from additional custom. These points do not, however, imply that the LP strategy of seeking to concentrate development in the main settlements and to a limited extent in the larger villages does not deliver a greater degree of sustainability than providing houses in countryside locations, as the strategy involves a wider range of considerations than availability of public transport and additional custom. Nor is there any evidence to counter the Council’s view that the proposal is likely to involve greater private motor vehicle use than would occur in more sustainable locations. It follows that I have concluded that

5 For the purposes of this appeal I rank the weight to be given to factors in descending order as substantial, considerable, moderate, or minor. This scale applies only to the present appeal and it cannot be assumed that the terms used will have the same relative meaning in other decisions or reports. https://www.gov.uk/planning-inspectorate 3 Page 51 Agenda Item 4b Appeal Decisions APP/Z2260/C/17/3171975 and APP/Z2260/W/17/3169305 Annex 1 the appeal proposal involves harm to sustainability objectives. However having regard to the limited period for which permission is sought I consider that only minor weight should be attached to this objection.

13. Turning to the benefits of the proposal, it would self-evidently increase the housing stock by two units for the temporary period sought. It is stated that there is a housing shortage in the area, and the acknowledged failure to provide a five year rolling supply of housing land strongly suggests that even if this were not the case at present such a shortfall can be expected. I have concluded that the addition to the stock counts in favour of the proposal. The small scale of the housing gain and its intended limited duration, however, leads me to conclude that only minor weight should be given to this benefit.

14. In this case there is also evidence, provided in relation to the appeals on grounds (f) and (g), as to the personal circumstances of the persons occupying the appeal mobile homes. These are not disputed by the Council, and have some weight in support of the proposal. The circumstances can however only carry minor weight having regard both to their nature and gravity.

15. For the foregoing reasons I have concluded that the proposal involves minor harm to countryside protection and sustainability, and that there would be minor gains in respect of housing need and alleviating personal circumstances. Planning applications are to be determined in accordance with the development plan in the absence of relevant material considerations indicating otherwise. However for the reason set out in paragraph 6, in this case the test set by national policy is whether the adverse effects would significantly and demonstrably outweigh the benefits of the proposal. This is a material consideration requiring a different approach to that which would otherwise be required. In this case given the balance of factors referred to I have concluded that the adverse effects do not significantly and demonstrably outweigh the benefits, and that the appeal will therefore succeed.

16. The application was made for a three year temporary permission, and as this has been taken into account in my conclusions, it is appropriate to limit the permission accordingly. Additionally the basis upon which a decision was taken was that required by the NPPF where a Council cannot demonstrate a five year forward housing supply, a matter which will self-evidently be addressed by the development plan process and so will change over time. I shall therefore impose a condition limiting the duration of the permission to the three years sought, and requiring cessation of the use and removal of the mobile homes at the end of that period.

Appeal B – the enforcement notice – appeals on grounds (f) and (g)

17. As there is no appeal on ground (a) against the enforcement notice it follows that subject to the appeals on grounds (f) and (g) the notice will be upheld. This appears in direct conflict with my decision to grant temporary planning permission, but in fact Section 180 of the Act will ensure that the notice will not prevent compliance with the planning permission.

18. An appeal on ground (f) seeks to show that the requirements of the notice exceed what is necessary to remedy the breach of control, or as the case may be, the harm to amenity. In this case the Council seeks to remedy the breach of control by having the mobile homes removed and thus ceasing the change of use. This reflects the breach of control, and thus does not exceed what is

https://www.gov.uk/planning-inspectorate 4 Page 52 Agenda Item 4b Appeal Decisions APP/Z2260/C/17/3171975 and APP/Z2260/W/17/3169305 Annex 1 necessary to remedy it. It is suggested for the Appellant that it would be sufficient to cease the residential use of the mobile homes, but as pointed out by the Council this would in effect grant permission for the storage of the homes on the site, a use for which no planning application has been made. Nor is there a deemed application extant to which storage use of the mobile homes might be considered an amendment. The appeal on ground (f) fails.

19. The appeal on ground (g) claims that the four months allowed for compliance with the notice is less than is reasonably required. The Council refers to the site occupiers having had more than a year in residence already, but an Appellant is entitled to assume that an appeal may succeed. In this case the mobile homes are evidently the sole residences of their occupiers, and though four months would be more than sufficient to remove them, I consider it less than is reasonably required where moving home is required. The appeal on ground (g) succeeds, and I shall extend to a year the period for compliance with the notice.

20. I have taken into account all the other matters raised in the representations, including the possible future association of the appeal site with existing dwellinghouses in the vicinity, but do not find that they are necessary to or alter my conclusions on the main issues in these cases.

FORMAL DECISIONS

Appeal A - Ref: APP/Z2260/W/17/3169305 – the planning application

21. The appeal is allowed and planning permission is granted for the temporary use of land for a period of three years for the siting of two mobile homes at land on the South East side of Canterbury Road, Sarre, Birchington, Kent CT7 0LF in accordance with the terms of the application, Ref F/TH/15/1181, dated 13/11/2015, and the plans submitted with it, subject to the following condition: 1) The use hereby permitted shall be for a limited period being the period of three years from the date of this decision. On or before the expiry of this period the use hereby permitted shall cease and all the mobile homes shall be removed from the site.

Appeal B - Ref: APP/Z2260/C/17/3171975 – the enforcement notice

22. It is directed that the enforcement notice be corrected by deleting the requirement of the notice at paragraph 5 thereof and replacing it with the words Remove the 2No.unauthorised mobile homes from the land, and varied by altering the period for compliance at paragraph 6 thereof to twelve months. Subject to this correction and variation the appeal is dismissed and the enforcement notice is upheld.

V F Ammoun INSPECTOR

https://www.gov.uk/planning-inspectorate 5 Page 53 This page is intentionally left blank Agenda Item 4c

A03 F/TH/20/1471

PROPOSAL: Replacement of existing windows from timber, UPVC and metal to powder coated aluminium, extension of fascia to High Street LOCATION: elevation, replacement of existing doors and installation of Louvre panels to bin store, changes to render together with alterations to fenestration

Foy House 27 - 29 High Street MARGATE Kent CT9 1DL

WARD: Margate Central

AGENT: Mr Chris Chambers

APPLICANT: Thanet District Council

RECOMMENDATION: Approve

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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 350-003 and 350-004.

GROUND; To secure the proper development of the area.

3 Prior to the installation of any external windows and doors, joinery details at a scale of 1:5 of the windows and doors to include sections through glazing bars, frames and mouldings shall be submitted to and approved in writing by the Local Planning Authority. Such details as are approved shall be carried out concurrently with the development and fully implemented prior to the first occupation of any part of the approved development.

GROUND; To secure a satisfactory external treatment and to safeguard the special character and appearance of the designated heritage asset in accordance with policy HE02 of the Local Plan and advice contained within the National Planning Policy Framework.

Page 55 Agenda Item 4c

SITE, LOCATION AND DESCRIPTION

The application site relates to a three storey non-listed building within Margate Conservation Area. The property, known as Foy House occupies a position on the corner of the High Street and New Street. The premises is owned by Thanet District Council, but is currently vacant. The building itself has a flat roof behind a parapet wall with concrete coping. The building is constructed from red bricks, roughcast render panels and composite cladding panels. Window frames within the building are both metal and UPVC.

RELEVANT PLANNING HISTORY

PN06/TH/18/1713 Notification of a proposed change of use from offices (B1 Use Class) to 8No. Self contained flats (C3 Use Class) Granted 13/02/2019

PROPOSED DEVELOPMENT

Full planning consent is sought for the replacement of existing windows with new powder coated aluminium windows, covering the existing roughcast render panels on the buildings facade with insulated coloured render and glazed tile plinth. The fascia to the High Street will be extended to link with the existing door and surround with insulated render. The existing doors will be replaced by new doors and louvre panels (to the bin store), obscure glazing panels will be installed to low level windows at ground floor level. Fenestration at second floor level (north and east elevations) is proposed to be altered and alterations to the door openings to the bin store to the New Street frontage are proposed.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP10 - Margate SP35 - Quality Development SP36 - Conservation and Enhancement of Thanet's Historic Environment SP37 - Climate Change E04 - Primary and Secondary Frontages QD01 - Sustainable Design QD02 - General Design Principles QD03 - Living Conditions HE02 - Development in Conservation Areas HE03 - Heritage Assets TP02 - Walking TP03 - Cycling TP06 - Car Parking

NOTIFICATIONS

Letters were sent to adjoining occupiers, a site notice posted close to the site and the application publicised in a local newspaper. One representation was received. The concerns can be summarised as follows:

Page 56 Agenda Item 4c

* Conflict with local plan * Out of keeping with character of area * Over development * Concern about the proposed use and users

Margate Civic Society: The Planning Committee should be alerted to the draft Town Investment Plan (TIP) soon to be published and approach this application accordingly.

The TIP is likely to prioritise a 'Creative & Cultural Corridor' as a means of repurposing the High Street, utilising the main 'flagship' redundant stores (Woolworths, M&S, BHS/Primark) as the bedrock of economic regeneration. Foy House is another such 'flagship' and there is no shortage of potential 'redeployment' as witness the Reinvention Symposium run in October last year.

No one will have missed the ongoing 'bricks and mortar' retail disaster and the Local Plan rethink will doubtless be considering the 'brownfield' prospects materialising over the next few years at Westwood Cross. You will know that Amazon has recently announced it is moving into online pharmaceuticals and that John Lewis is to residentialise a large part of its estate for social housing (as has already been happening in US secondary shopping malls.)

So let us hope that the Planning Committee puts on a 'strategic' cap and liaises with the Town Deal Board over the instant application : encouraging footfall with the Corridor will hopefully in time encourage smaller enterprises to repopulate the Central Business District.

Margate Conservation Area Advisory Group: Concern over render- plastic beaded edges, Marine environment? Window materials Insulation panels sustainable / resistant for impact? Approve subject to condition: Materials detailing & colours.

CONSULTATIONS

TDC Conservation Officer: Foy House is a substantial building located on Margate Highstreet, located within Margate Conservation Area and cited within the main thoroughfare of Margate's commercial centre.

Thanet Local Plan policy HE02 states within Section 7 'The character, scale and plan form of the original building are respected and the development is subordinate to it and does not dominate principal elevations.' As well as Section 8 which states 'Appropriate materials and detailing are proposed and the development would not result in the loss of features that contribute to the character or appearance of the conservation area. New development which would detract from the immediate or wider landscape setting of any part of a conservation area will not be permitted.'

NPPF Section 16, Paragraph 192 states, In determining applications, local planning authorities should take account of (a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their

Page 57 Agenda Item 4c

conservation as well as (c) the desirability of new development making a positive contribution to local character and distinctiveness.

The building as it currently exists is a mixture of prevailing aesthetics with a varied material palette consisting of UPVC, aluminium and timber framed windows across varying elevations. It has proportions and an aesthetic appearance reflective of its time of construction, whilst having a somewhat neutral to poor contribution to the existing character and appearance of Margate High Street through added UPVC and dull general appearance.

The principle elevation, considered to be that fronting the high street and most prominent within the conservation area, appears to consist of UPVC windows at ground level with the upper floors being a thin aluminium. This application proposes to unify these features to the facade by reinstating all windows as aluminium which, by nature of the removal of the presence UPVC, would be viewed as an improvement for the site. Typically within the conservation environment the use of UPVC would not be encouraged as it appears contemporary, bulky and unrefined within an environment which a traditional material palette should be respected and maintained.

Proposed alterations to the cladding, although alternative and bright in their colour scheme, are supported as the application proposes to remove the existing roughcast panels which contribute little to the existing external appearance of the property through their similarity to pebble dash render.

To the rear a similar approach has been taken to unify the appearance of the property whilst utilising its position away from primary views from the conservation area to locate required services and AC units. This approach is typical and acceptable for implementation within the historic environment as it keeps more unsightly elements of schemes away from views from the public realm which can often appear unsightly.

Nearby to the site are multiple listing buildings whose setting is at risk of being impacted through the proposal of this application. However on review of the submitted plans I do not believe this to be the case. As previously stated I believe that the alterations proposed to Foy House ultimately improve its appearance and with this subsequently improves the setting of any nearby listed properties.

From a heritage perspective I believe that this application ultimately improves the aesthetic appearance of Foy House whilst ensuring its future maintenance and sustained use, an important factor when considering its prime location to Margate High Street. Through analysis demonstrated above I believe the proposed scheme improves the perceivable appearance of Foy House within the context of the surrounding Margate Conservation Area, therefore preserving the character and appearance of the high street ultimately meeting with Thanets recently adopted Local Plan, policy HE02, Section 7 and national guidance from the NPPF Section 16, Paragraph 192. For these reasons I do not object to the application proposed.

COMMENTS

Page 58 Agenda Item 4c

This application is brought to the Planning Committee, as Thanet District Council is the applicant. In addition Cllr. Bambridge has requested its referral on the basis that the site is within the Conservation Area and on economic/regeneration/tourism reasons. The main considerations with regard to this application is the impact of the proposed development on the character and appearance of the Conservation Area, the residential amenity of neighbouring property occupiers, and highway safety.

Character and Appearance

The impact the proposed scheme may have upon the character and appearance of the area and in particular the Margate Conservation Area as a designated heritage asset falls to be assessed.

The National Planning Policy Framework (NPPF) also states that when considering the impact of a proposed development on the significance of a designated heritage asset; great weight should be given to the asset's conservation. This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. The NPPF goes on to state in states that where a development proposal would lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including where appropriate, securing its optimum viable use.

Policy SP36 of the Council's Local Plan is a strategic policy which states that the council will support, value and have regard to the historic or archaeological significance of Heritage Assets. Policy HE02 relates specifically to new developments in conservation areas. It states that within conservation areas, development proposals which preserve or enhance the character or appearance of the area will be permitted and when relating to proposals to extend existing buildings within the conservation area that the character, scale and plan form of the original building are respected and the extension is subordinate to it and does not dominate principal elevations and appropriate materials and detailing are proposed and the extension would not result in the loss of features that contribute to the character or appearance of the conservation area.

The existing windows are a mix of both white UPVC and metal framed windows. The size of the proposed window openings would remain as existing (on the first and second floors), and made slightly smaller on the ground floor, but the new units would not replicate the existing glazing pattern, the proposed windows would unify in terms of window frame material. Precise details of the frames (profiles/thickness etc) or reveals are not given in this application. Viewed from a distance, for example from across the street, the proposed windows would look considerably newer than existing, it is therefore recommended that

Page 59 Agenda Item 4c

details are secured by condition to ensure that they would be appropriate and not draw undue attention to the building.

Proposed alterations to the cladding would see the removal of the existing roughcast render panels that is a non-traditional material. The proposed insulated coloured render is a more modern material, which would improve the thermal insulation of this building, which is supported by policy SP37. It is recognised that this building whilst attached to number 25 is not architecturally related to this building and would therefore not visually disrupt the attached building. It is acknowledged the colours proposed are more vibrant, but it is noted they would be installed on a 20th Century building, would remove the existing roughcast panels and improve the thermal capacity of the building. Therefore I consider that this element would not create visual harm to the Conservation area

The proposed fascia would extend above the ground floor windows and continue over the entrance door on the High Street facade and continue down the New Street facade. I consider that this alteration would result in a more cohesive front elevation and would be a visual improvement.

The existing doors will be replaced by new doors and louvre panels (to the bin store).This includes the entrance doors on the New Street frontage and would see the removal of solid double doors with new glazed entrance doors and louvre doors to the side to the bin store. This provision would provide a more visually pleasing appearance to this elevation and a more active frontage.

Obscure glazing panels will be installed to low level windows at ground floor level. The window openings are vertical in nature and are typical for office buildings rather than buildings in residential use. These windows would serve habitable rooms of the new accommodation. Thus these rooms need to be afforded privacy from pedestrians walking along the High Street and the New Street frontage (although these windows serve an office and storage area). Externally it is considered that the obscure glazing would not be overt in its appearance. I considered that this element is acceptable.

Alterations to the fenestration to the south elevation are modest; repositioning of window above the replaced entrance door. I consider that this would not disrupt the pattern or hierarchy of fenestration. With regard to the east elevation windows the proposed changes involve the enlargement of an existing opening and replacement of a door with window opening. This elevation would not be seen from a public vantage point and is therefore considered acceptable. The north elevation changes are a window being changed to a door again this would not be readily visible from the public realm.

Therefore when considering all proposed external changes to the building, it is considered that the changes will not result in harm to the character and appearance of the building or the wider Conservation area.

Living Conditions

Page 60 Agenda Item 4c

Policy QD03 of the Local Plan deals specifically with living conditions. This policy states that all new development should: 1) Be compatible with neighbouring buildings and spaces and not lead to the unacceptable living conditions through overlooking, noise or vibration, light pollution, overshadowing, loss of natural light or sense of enclosure. 2) Be of appropriate size and layout with sufficient usable space to facilitate comfortable living conditions and meet the standards set out in QD04. 3) Residential development should include the provision of private or shared external amenity space/play space, where possible. 4) Provide for clothes drying facilities and waste disposal or bin storage, with a collection point for storage containers no further than 15 metres from where the collection vehicle will pass.

Given that the replacement windows would occupy the same size and position as existing across the elevations, the proposals would not result in undue overlooking, noise disturbance or light spillage compared to the existing situation.

The proposed external alterations including the new render, the fascia changes, new doors and obscure panels, due to their nature would not create harm to the living conditions of adjoining properties.

The fenestration alteration to the south elevation would not raise neighbour amenity issues, given it is a repositioning of an existing window. With regard to the east elevation these windows would serve a bedroom and bathroom (second floor) I consider these windows would not result in an increase in overlooking. The north elevation would not result in an increase in overlooking, given that this was formerly a window opening.

Transportation

Given the proposed external changes or aesthetic and do not result in increased traffic movements, the impact upon highway safety is considered to be acceptable.

Other matters

Whilst it is noted that some concerns have been raised concerning the proposed use of the building, the change of use has already been permitted through the prior approval process (see planning history section) and therefore the principle of a residential use, or the occupants of the property, are not matters to be taken into account when determining this planning application.

Conclusion

It is considered that the alterations proposed to Foy House ultimately improve its appearance from the current situation and ensure its future maintenance and continued use,

Page 61 Agenda Item 4c

given its key position in the High Street. The proposal is considered to preserve the character and appearance of the High Street complying with Local Plan policy HE02, and the NPPF Section 16, Paragraph 192.

It is therefore recommended that Members approve the application subject to safeguarding conditions.

Case Officer Gill Richardson

Page 62 Agenda Item 4c

TITLE: F/TH/20/1471

Project Foy House 27 - 29 High Street MARGATE Kent CT9 1DL

Page 63 This page is intentionally left blank Agenda Item 4d

A04 L/TH/20/1586

PROPOSAL: Application for Listed Building Consent for replacement roof

LOCATION: 53 - 57 High Street MARGATE Kent CT9 1DX

WARD: Margate Central

AGENT: No agent

APPLICANT: Thanet District Council

RECOMMENDATION: Approve

Subject to the following conditions:

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

GROUND; In pursuance of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2 The development hereby approved shall be carried out in accordance with the submitted drawings numbered CR/20/21/105/01 and CR/20/21/105/02 received 23/11/2020.

GROUND; To secure the proper development of the area.

3 The external materials and external finishes to be used in the replacement of the pitched roof coverings hereby approved shall be of the same colour, finish and texture as those on the existing building, unless otherwise agreed in writing by the Local Planning Authority.

GROUND To preserve the integrity and character of the listed building in accordance with Policy HE03 of the Thanet Local Plan and advice as contained within the NPPF.

SITE, LOCATION AND DESCRIPTION

The site is located within the high street of Margate town centre, in a prominent location. Margate High Street is split into two halves, being punctuated by Queen Street / Marine Gardens. The application site sits to the northern end of the town centre and within the Margate Conservation Area.

Page 65 Agenda Item 4d

Number 53-57 High Street is a two storey building containing a large retail unit at ground floor that is currently vacant. It has a basement and first floor, which is used for storage. Over time the building has undergone significant changes in terms of its height, scale, material composition and overall appearance. The building abuts the former numbers 10, 11 and 12 Cecil Square to the east and currently act as part of the goods entrance to the application building, and the present day No. 13 Cecil Square, currently in use as a bank. These buildings and their facades are Grade II listed.

RELEVANT PLANNING HISTORY

No relevant history.

PROPOSED DEVELOPMENT

This application seeks listed building consent for a replacement roof and general repairs to the existing roof. The current roof is stated to be in a poor state of repair and requires attention. From the high street the building appears with a parapet and the existing roof is not visible from the ground. It has a large flat roof area covered in felt and a liquid membrane, with a small number of pitched roof areas covered in natural slate. The proposal is for the replacement of defective coverings with a single ply roof membrane to the flat roof areas, and replacement slate to the pitched roof areas.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

SP36 - Conservation and Enhancement of Thanet's Historic Environment HE02 - Development in Conservation Areas HE03 - Heritage Assets

NOTIFICATIONS

Letters were sent to neighbouring property occupiers, a site notice was posted close to the site and an advert was posted in the local paper. No representations have been received.

Margate Conservation Area Advisory Group : No objections.

CONSULTATIONS

TDC Conservation Officer: I believe there to be minimal impact to the surrounding conservation area or listed building and therefore I do not object.

COMMENTS

This application is reported to Planning Committee as an application made by Thanet District Council.

Page 66 Agenda Item 4d

The only consideration in the determination of this application is the impact of the work on the architectural and historic significance of the listed building. Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that when 'considering whether to grant listed building consent for any works the local planning authority … shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses'.

Paragraph 192 of the National Planning Policy Framework (NPPF) requires local planning authorities to take account of the desirability of sustaining and enhancing the significance of heritage assets, and the desirability of new development making a positive contribution to local character and distinctiveness. Paragraph 196 advises that where development proposals will lead to less than substantial harm to the significance of the designated heritage asset, his harm should be weighed against the public benefit of the proposal including, where appropriate, securing its optimum viable use. Paragraph 127 of the NPPF states decisions should ensure that developments will function well and add to the overall quality of the area, are visually attractive as a result of good architecture, layout and appropriate and effective landscaping, sympathetic to local character and history, establish or maintain a strong sense of place, and optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development and create place that are safe, inclusive and accessible.

Policy SP36 sets out that the Council will support, value and have regard to the historic or archaeological significance of Heritage Assets by protecting the historic environment from inappropriate development, encouraging new uses to bring listed buildings back into use and encouraging their survival and maintenance without comprising the conservation or significance of the asset and supporting development that is of a high quality design and supports sustainable development. Policy HE02 sets out that within conservation areas, development proposals which preserve or enhance the character or appearance of the area, and accord with other relevant policies of the Plan will be permitted but new development which would detract from the immediate or wider landscape setting of any part of a conservation area will not be permitted. Policy HE03 sets out that the Council supports the retention of local heritage assets, including structures, features and gardens of local interest. Proposals that affect both designated and non-designated heritage assets will be assessed by reference to the scale of harm or loss of the significance of the asset in accordance with the criteria set out in the NPPF.

The works proposed as part of this application would be for the repair, maintenance, and improvement of the building. They would offer a public benefit, ensuring the continued maintenance of a designated heritage asset. The proposed replacement materials are considered appropriate subject to a condition for the use of matching slate or further details, and are considered by officers to be acceptable.

There is not considered to be any harm to the listed building as a result of the works, or to the wider conservation area given that the roofspace is not readily perceivable from any public vantage point.

Conclusion

Page 67 Agenda Item 4d

The works proposed here are relatively modest and are not considered to impact negatively on the historic structure. It is considered that the proposal will cause little or no harm to the significance of the listed building and therefore accords with the advice of the NPPF and would preserve the special architectural and historic interest of the listed building in accordance the aims of policies SP36 and HE03 of the Thanet Local Plan.

In view of the above, the application is recommended for approval.

Case Officer Vicky Kendell

Page 68 Agenda Item 4d

TITLE: L/TH/20/1586

Project 53 - 57 High Street MARGATE Kent CT9 1DX

Page 69 This page is intentionally left blank Agenda Item 4e

A05 FH/TH/20/1550

PROPOSAL: Insertion of window to first floor side elevation

LOCATION: 3 Upton Grange Broadstairs Kent CT10 2NS

WARD: Viking

AGENT: No agent

APPLICANT: Mrs Rachel Humber

RECOMMENDATION: Approve

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.

GROUND: In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 022, 023 and 025.

GROUND; To secure the proper development of the area.

SITE, LOCATION AND DESCRIPTION

The application relates to a detached two storey dwelling on the eastern side of Upton Grange, a cul-de-sac off Vale Road, Broadstairs. The property has a hipped roof to the shared boundary with number 2 Upton Grange and a full two gable storey to the other side elevation, with a cat slide single storey element up to the chimney breast. A pitched roof garage (pitch parallel to the road) double garage abuts part of the shared boundary with number 2 Upton Grange.

To the south east of the dwelling within the curtilage there are two trees, protected by a Tree Preservation Order (No. 3(2002)).

The cul-de-sac is characterised by relatively large dwellings set in large plots giving a spacious feel.

RELEVANT PLANNING HISTORY

Page 71 Agenda Item 4e

CD/TH/20/0782 Application for a Certificate of Lawful Development for proposed use for the erection of a single storey and two storey rear extension together with erection of a single storey side extension. Certificate Granted

PROPOSED DEVELOPMENT

Full planning consent is sought for the insertion of window to first floor side elevation. The window would be within an extension which is currently under construction. The extension being constructed is deemed permitted development by a Certificate of Lawful Development approved earlier this year. This first floor window would however not be permitted under the Development Order and therefore consent is sought for this alone.

DEVELOPMENT PLAN POLICIES

Thanet Local Plan 2020

QD02 - General Design Principles QD03 - Living Conditions TP02 - Walking TP03 - Cycling TP06 - Car Parking

NOTIFICATIONS

Letters were sent to adjoining occupiers, a site notice posted close to the site. Two representations were received (for the same objector). The concerns can be summarised as follows: * The development is not been carried out in accordance with the plans * Concern about neighbour impact

Broadstairs Town Council : No comment

CONSULTATIONS

No consultations carried out.

COMMENTS

This application is referred to the Planning Committee as the applicant is the wife of a member of staff.

The main considerations in assessing the submitted scheme are the principle of development, the impact upon the character and appearance of the area, the impact upon living conditions of neighbouring property occupiers and the impact upon highway safety.

Principle

Page 72 Agenda Item 4e

The proposal relates to an existing residential dwelling and therefore the principle of alteration is considered to be acceptable.

The main considerations with regard to this planning application will be the impact of the proposed development on the character and appearance of the area, the residential amenity of neighbouring property occupiers and highways.

Character and Appearance

Paragraph 127 of the NPPF states decisions should ensure that developments will function well and add to the overall quality of the area, are visually attractive as a result of good architecture, layout and appropriate and effective landscaping, sympathetic to local character and history, establish a strong sense of place and optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development and create place that are safe, inclusive and accessible. Policy SP35 relates to the quality of development and states that new development will be required to be of high quality and inclusive design. Policy QD01 relates to sustainable design and sets out that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gasses and have resilience to function in a changing climate. Policy QD02 is a general design policy and sets out that the primary planning aim in all new development is to promote or reinforce the local character of the area and provide high quality and inclusive design and be sustainable in all other respects. External spaces, landscape, public realm, and boundary treatments must be designed as an integral part of new development proposals and coordinated with adjacent sites and phases.

In design terms, the first floor side window would be of the same appearance as those within the house and would be of a size that is appropriate to the dwelling.

The extension being constructed cannot be reviewed through this application as it is classed as permitted development.

Living Conditions

Policy QD03 of the Local Plan deals specifically with living conditions. This policy states that all new development should:

Page 73 Agenda Item 4e

1) Be compatible with neighbouring buildings and spaces and not lead to the unacceptable living conditions through overlooking, noise or vibration, light pollution, overshadowing, loss of natural light or sense of enclosure. 2) Be of appropriate size and layout with sufficient usable space to facilitate comfortable living conditions and meet the standards set out in QD04. 3) Residential development should include the provision of private or shared external amenity space/play space, where possible. 4) Provide for clothes drying facilities and waste disposal or bin storage, with a collection point for storage containers no further than 15 metres from where the collection vehicle will pass.

The first floor side (south east elevation) window would serve bedroom 2 (there is a smaller window serving this room on the north western elevation. The main issue in terms of living conditions is the impact of this opening through prospective overlooking. Views from this window would be to the side garden, the application dwelling and also the side elevation of the neighbouring property no. 4 Upton Grange. It is considered that overlooking the side section of no. 4 Upton Grange will not lead to direct overlooking of the private most part of the garden, close to the dwelling itself. Taking account of the above, as well as the siting and angle of no.3 in relation to no.4's garden, and while noting the concerns of a third party, it is considered that this window will not lead to direct and intrusive overlooking that will be harmful to residential amenity.

Whilst a third party has raised concerns about three ground floor windows being installed which don't match the submitted plans, these would be classed as permitted development.

Transportation

Given the nature of the proposal; the insertion of an additional window there is considered to be no impact upon highway safety or the wider highway network.

The impact upon highway safety is therefore considered to be acceptable.

Conclusion

The proposal would not result in any significant harm to the character and appearance of the area, and the impact upon the living conditions of neighbouring residential occupiers and highway safety is in line with Local Plan Policies QD02 and QD03 and the NPPF.

It is therefore recommended that Members approve the application.

Case Officer Gill Richardson

Page 74 Agenda Item 4e

TITLE: FH/TH/20/1550

Project 3 Upton Grange Broadstairs Kent CT10 2NS

Page 75 This page is intentionally left blank Agenda Item 4f

A06 TPO/TH/20/1518

PROPOSAL: TH/TPO/20(1986) - 19No Limes - Crown reduce by up to 5m and up to 2m lateral spread.

LOCATION: St Peters Church Hopeville Avenue BROADSTAIRS Kent CT10 2TR

WARD: St Peters

AGENT: No agent

APPLICANT: Thanet District Council

RECOMMENDATION: Approve

Subject to the following conditions:

1 This approval is only valid for a period of 24 months from the date hereof. Failure to carry out any or all of the approved work within this period will make it necessary to submit a fresh application.

GROUND; In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation) (England) Regulation 2012.

2 The works approved by this consent shall not exceed those specified in the amended description. They should be carried out by a competent tree surgeon and in accordance with British Standard BS 3998: 2010 "Tree Work - Recommendations".

GROUND; In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation) (England) Regulation 2012.

SITE, LOCATION AND DESCRIPTION

The 19No. Lime trees are located along the southern boundary of St Peter's Church Yard adjacent to the boundary with The Baptist Church. The trees extend from the boundary of the site with Vicarage Street along the boundary in the church yard towards the rear boundary of the neighbouring church. The trees are highly prominent from Church Street, Vicarage Street and St Peter's High Street as well as within the church yard itself and are considered to make an important contribution to the character and appearance of the conservation area.

RELEVANT HISTORY

Page 77 Agenda Item 4f

There is no history for works to these trees.

PROPOSED DEVELOPMENT

The initial application proposed a 25% pollarding of 19No. Lime trees but has been amended to crown reduction by up to 5m and up to 2m lateral spread of the trees.

NOTIFICATIONS

A site notice was posted close to the site. No letters of representation have been received.

Broadstairs and St Peter's Town Council - The Planning Committee of the Town Council has considered this application and resolved unanimously to recommend REFUSAL with the following concerns/comments: 25% Pollard. The Committee support the TDC Tree Officer recommendation of 25% Crown thin and request that works are carried out by qualified tree surgeons as they need to be undertaken sensitively and in a way sympathetic to the natural character of each tree.

CONSULTATIONS

TDC Arboricultural Officer - In view of the proximity of the Baptist Church next door and as the trees develop to full maturity branches will occasionally fall pending storms. To reduce the potential impacts on the property next door a reduction overall of 25% is a good compromise in relation to the surrounding scenario and the trees interests long term. This work should be done in a way sympathetic to the natural character of the tree genus/species.

COMMENTS

This application is brought before members as the application is made by Thanet District Council.

Principle

The proposed works are to a number of protected trees. A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) to protect specific trees, groups of trees or woodlands in the interests of amenity. Orders prohibit the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees contained in the Order without the LPA's written consent. These prohibited activities are set out in Regulation 16 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. As a result there is no in principle objection to works to a TPO tree, subject to an assessment of the works.

The LPA can choose to grant consent subject to conditions, or to refuse consent for works. In considering an application, the LPA should assess the impact of the proposal on the amenity of the area and whether the proposal is justified, having regard to the reasons and additional information put forward in support of it. The authority must be clear about what work it will allow and any associated conditions. Should an application for works be refused, the applicant can appeal to the Secretary of State, and in some circumstances

Page 78 Agenda Item 4f

compensation may be payable by LPA for loss or damage which results from the authority refusing consent or where consent is granted subject to conditions.

It falls to now be considered subject to an assessment of the details of the proposal, the impact of the works on the amenity of the area, the health of the trees, and any applicable living conditions of neighbouring occupiers or members of the public.

Amenity

Trees are important to the character and quality of an area, providing a visual break and relief from built development. They can lend character, in particular to conservation areas, and provide many other benefits, including the provision of natural habitats, the enhancement of health and wellbeing and the improvement of air quality. As such the retention of trees where possible are always sought.

In this instance the trees make a substantial contribution to the character and appearance of the conservation area and great weight is placed upon their preservation.

The application initially proposed the pollarding of these trees which involves a significant alteration to the shape and form of the trees and would give a similar appearance to the trees that currently line the footpath within the church yard. Pollarding is not normally considered suitable for protected trees due to the significant change in the shape and form that results.

Following a visit by the Council's Arboricultural Officer the proposed works have been amended to a crown reduction by up to 5m and up to 2m lateral spread. A crown reduction reduces the size and shape of the tree without significantly altering its form or ability to regrow. These amended works would increase the distance between the trees to the neighbouring buildings and reduce branches overhanging the various highways and footpaths in the area.

Conclusion

The amended works are considered to meet an appropriate balance between health and safety, management of the trees and the amenity of the area. It is therefore recommended that Members approve the application subject to conditions.

Case Officer Duncan Fitt

Page 79 Agenda Item 4f

TITLE: TPO/TH/20/1518

Project St Peters Church Hopeville Avenue BROADSTAIRS Kent CT10 2TR

Page 80 Agenda Item 4g

A07 TPO/TH/20/1370

PROPOSAL: M/TPO/2(1951)W1 - 1No Sycamore (T1) - Cut back to give 2m of clearance to the BT lines. 1No Sycamore (T2) - Crown Reduce Eastern Stem by 3m, 1No Sycamore (T3) - Crown Reduce Eastern stem by 3m where overhangs driveway, 1No Sycamore (T4) - Reduce tree to a false pollard/habitat pole at a height of 12m, 1No Sycamore (T6). - 2.5m Crown reduction on North East stem, 3m reduction on other lateral branches that overhang the driveway, 1No Sycamore (T7) - 4.5m Crown reduction on North West stem and opposite stem to have a 2m crown reduction on lateral branches overhanging the driveway, 1No Sycamore (T8) - Remove the lowest East facing branch (100mm diameter.) and crown reduce the whole tree by 2.5m, 1No Sycamore (T9) South East stem to have lowest North East facing limb removed 2m from the fork. North West stem to have North facing lowest limb removed leaving neat target pruning cut.

LOCATION: Land Adjacent To 2 Wilbrough Road BIRCHINGTON Kent CT7 9DY

WARD: Birchington South

AGENT: Mr Joseph Weitzel

APPLICANT: Thanet District Council

RECOMMENDATION: Approve

Subject to the following conditions:

GROUND; In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation) (England) Regulation 2012.

Page 81 Agenda Item 4g

SITE, LOCATION AND DESCRIPTION

This application relates to a row of 9No. large mature sycamore trees sited adjacent to 2 Wilbrough Road at the northern boundary of Neame Woods/Crispe Park. These trees are protected under the woodland TPO reference M/TPO/2(1951)W1.

RELEVANT PLANNING HISTORY

There is no history of recent tree works relating specifically to works to these trees

PROPOSED DEVELOPMENT

This application seeks permission for various works to these trees (with the exception of T5) including crown reductions and reductions/removal of branches and stems, predominantly those which overhang the adjacent site/driveway of 2 Wilbrough Road.

The application originally proposed the following: 1No Sycamore (T1) - Cut back to give 2m of clearance to the BT lines. 1No Sycamore (T2) - Crown Reduce Eastern Stem by 3m, 1No Sycamore (T3) - Crown Reduce Eastern stem by 3m where overhangs driveway, 1No Sycamore (T4) - Reduce tree to a false pollard/habitat pole at a height of 6m, 1No Sycamore (T6). - 2.5m Crown reduction on North East stem, 3m reduction on other lateral branches that overhang the driveway, 1No Sycamore (T7) - 4.5m Crown reduction on North West stem and opposite stem to have a 2m crown reduction on lateral branches overhanging the driveway, 1No Sycamore (T8) - Remove the lowest East facing branch (100mm diameter.) and crown reduce the whole tree by 2.5m, 1No Sycamore (T9) South East stem to have lowest North East facing limb removed 2m from the fork. North West stem to have North facing lowest limb removed leaving neat target pruning cut.

The proposal has been amended during the course of the application and now proposes amended works to T4 of a reduction to a false pollard/habitat pole at a height of 12m.

NOTIFICATIONS

A site notice was posted close to the site. No letters of representation have been received from the general public.

Birchington Parish Council - No objections.

CONSULTATIONS

TDC Arboricultural Officer - Because the Sycamores are so near the boundary of Crispe Park and clearly overhanging the property and are very upright in habit they are more vulnerable to sail effect. The proposed work will help to resolve to a degree any trees falling. However T4 is too acute in proposed work and a minimum reduction to 12m height I would only endorse. This would be to growing points with a view to developing a lower balanced crown long term.

Page 82 Agenda Item 4g

COMMENTS

This application for works to protected trees is brought to Planning Committee as the application is made by Thanet District Council.

Principle

Amenity

Trees are important to the character and quality of an area, providing a visual break and relief from built development. The trees which are the subject of this application are large, mature trees which form part of the woodland area within Crispe Park/Neame Woods and are highly visible within the surrounding area. These trees are considered to have high amenity value and contribute to the collective woodland character of this locality.

The existing trees are sited in close proximity to the adjacent neighbour, 2 Wilbrough Road, and several branches overhang this property/driveway. The Arboricultural Officer has reviewed the proposal and considers the existing trees due to their upright habit are more vulnerable to sail effect, and the proposed works would look to address this. The originally proposed false pollard to 6m to T4 is considered to be too acute, and a minimum reduction to 12m in height has been suggested. The agent has agreed to this recommendation, and the description of the proposal has been updated accordingly.

The proposed amended reductions and pruning works are considered to be reasonable in the context of the location of the trees, their position, condition and relationship with the adjacent neighbour. The works are considered to provide an appropriate balance of good arboricultural management of the trees and the visual amenity of the area, and therefore the application should be approved.

Conclusion

The amended proposed works are considered to represent a balance between the good arboricultural management and the amenity value they currently have and will continue to possess after the works. It is therefore recommended that Members approve the application subject to conditions.

Case Officer Jenny Suttle

Page 83 Agenda Item 4g

TITLE: TPO/TH/20/1370

Project Land Adjacent To 2 Wilbrough Road BIRCHINGTON Kent CT7 9DY

Page 84 Agenda Item 4h

A08 TPO/TH/20/1529

PROPOSAL: TH/TPO/3(2002) - 1No Holm Oak (T1) - Crown raise to 5m targeting branches no greater than 100mm in diameter; cut back from adjacent dwellings to allow for 3m clearance, 1No Sycamore (T2) - Crown raise to 5m targeting branches no greater than 75mm in diameter

LOCATION: 3 Upton Grange Broadstairs Kent CT10 2NS

WARD: Viking

AGENT: No agent

APPLICANT: Mrs Rachel Humber

RECOMMENDATION: Approve

Subject to the following conditions:

GROUND; In accordance with Part 4 Regulation 17 of Town and Country Planning (Tree Preservation) (England) Regulation 2012.

SITE, LOCATION AND DESCRIPTION

Upton Grange is a cul-de-sac located off Vale Road, Broadstairs comprising large detached properties. All properties within Upton Grange are covered by a blanket Tree Preservation Order (TH/TPO3(2002)). To the south east of the dwelling within the curtilage there are two trees protected by the Tree Preservation Order. The trees are located adjacent to the footpath on a parcel of garden land open to the street.

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RELEVANT PLANNING HISTORY

There is no planning history available relating specifically to works to these trees

PROPOSED DEVELOPMENT

This application seeks permission to carry out works to two trees; 1No Holm Oak (T1) - Crown raise to 5m targeting branches no greater than 100mm in diameter; cut back from adjacent dwellings to allow for 3m clearance, 1No Sycamore (T2) - Crown raise to 5m targeting branches no greater than 75mm in diameter

NOTIFICATIONS

A site notice was posted close to the site and the following representation has been received: We are the adjacent property No4, heavily affected by the tree currently over growing our property, and so support the application to trim this back. We were however concerned by the fact that the pictures in the application are out of date by significant time to depict the current situation, and possibly from the application made some years earlier. The tree is very much growing to one side, and we see little or any need to trim the trees on the side of No3. We also want to ensure that this time the tree is cut back, and lifted from No 4, as you will see in the photos, it was cut back unevenly last time, and more so on the side of the owners of the tree No3, and with very little on the side of No4.

Broadstairs & St Peter's Town Council - The Planning Committee of the Town Council has considered this application and resolved unanimously that the application be subject to inspection by the Arboricultural Officer at TDC and with Town Council recommendations as follows:

The Town Council policy for work on trees is as follows and we would respectfully ask that our recommendations are provided to the tree owner with any permission granted:

- Healthy trees are retained wherever possible. - Only diseased or dying trees to be felled and only subject to a suitable replacement being planted. Where trees are being felled because of overcrowding, thinning rather than removal of all trees should be considered wherever possible. - Remedial tree works i.e. Crown lift / Crown thin / Height reduction etc., to be kept to a maximum of 20% and expressed as such in the application. - Works required for structural reasons i.e. impact of root damage to foundations and drains must be supported by recognized structural engineering evidence as well as a report from the Tree Officer. - It is a criminal offence under the Wildlife and Countryside Act to disturb nesting birds. However, birds can roost in any month of the year. We require the applicant to check for nesting or roosting birds before undertaking works to trees and if birds are found to be nesting, for works to be postponed until nesting is complete. If birds present on the site are of high conservation concern ('red list'* or 'amber list' birds**), permission for the works should be refused unless there are overwhelming reasons for it to be given.

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- No tree works should be permitted to take place during the main nesting period from mid- March until the end of August. Birds can nest or roost in any month of the year.

* House Sparrow, Starling, Song Thrush ** Hedge Sparrow (Dunnock)

CONSULTATIONS

TDC Tree Officer:

Comments: Tree Characteristics: T1 beautiful Holm Oak with good shape and form and appears very healthy. T2 Sycamore upright in habit drawn up by competition between the house and the holm oak, sycamore appears in good health

Acceptability of Proposal: T1 Holm Oak this is clearly necessary to overcome issues relating to constraints of the area. The pruning on the right towards the neighbours dwelling Should also be mirrored to a degree on the other side, drawing branches away from the property above, but retaining good shape and form within the canopy. T2 Sycamore, the work proposed is fine.

Recommendations: T1 Holm Oak this is clearly necessary to overcome issues relating to constraints of the area. The pruning on the right towards the neighbours dwelling should also be mirrored to a on the other side drawing branches away from the property above, but retaining good shape and form within the canopy. T2 Sycamore, the work proposed is fine.

COMMENTS

This application for works to protected trees is brought to Planning Committee as the applicant is related to an employee of Thanet District Council.

Principle

The proposed works are to two protected trees. A Tree Preservation Order (TPO) is an order made by a local planning authority (LPA) to protect specific trees, groups of trees or woodlands in the interests of amenity. Orders prohibit the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees contained in the Order without the LPA's written consent. These prohibited activities are set out in Regulation 16 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. As a result there is no in principle objection to works to a TPO tree, subject to an assessment of the works.

Amenity

The Holm Oak and Sycamore trees are located to the south east of the dwelling and are highly visible from the public highway being located adjacent to the footpath on a parcel of garden land open to the street. All properties within Upton Grange are covered by a blanket Tree Preservation Order (TH/TPO3(2002)) and the presence of mature trees within Upton Grange is a significant part of the character and appearance of the cul-de-sac.

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The works proposed are to maintain the trees to ensure their long term wellbeing. The Holm Oak is touching No.4 and it is proposed to raise the crown of the tree to 5 metres, targeting branches no greater than 100mm in diameter; pruning back from the adjacent dwelling to allow for a 3 metre clearance. It is proposed to maintain the overall balance and symmetry of the tree. The Sycamore tree is closer to the edge of the highway than the Holm Oak and it is proposed to raise the crown of this tree to 5 metres, targeting branches no greater than 75mm in diameter. The works proposed are required to restore the balance of the tree and improve its physical appearance.

The Council's Tree Officer advises that both trees are in good health and confirms that the works to the Holm Oak are clearly necessary to overcome issues relating to constraints of the area. He comments that the pruning towards the neighbour's dwelling should also be mirrored to a degree on the other side, drawing branches away from the property whilst retaining good shape and form within the canopy. The works proposed to the Sycamore are considered to be acceptable.

Conclusion

The works proposed are considered to represent a balance between the health and vitality of the trees and the amenity value they currently have and will continue to possess after the works. It is therefore recommended that Members approve the application subject to conditions.

Case Officer Rosemary Bullivant

Page 88 Agenda Item 4h

TITLE: TPO/TH/20/1529

Project 3 Upton Grange Broadstairs Kent CT10 2NS

Page 89 This page is intentionally left blank Agenda Item 4i

D09 F/TH/20/0575

PROPOSAL: Erection of 4No. two storey 4bed detached dwellings with associated access, parking and landscaping LOCATION: Green Lawns 16 Sowell Street BROADSTAIRS Kent CT10 2AT

WARD: St Peters

AGENT: Mr Daniel McCarthy

APPLICANT: Mr Laurence Waitt

RECOMMENDATION: Defer & Delegate

Defer and Delegate for approval subject to the satisfactory completion of unilateral undertaking within 6 months securing the required planning obligations as set out in the report and the following conditions:

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

GROUND; In accordance with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Purchase Act 2004).

2 The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 02 E (received 12/01/21), 04 A (received 30/07/20), 05 A (received 30/07/20), 06 A (received 30/07/20), 07 A (received 30/07/20), 08 A (received 30/07/20), 09 A (received 30/07/20) and 10 (received 07/01/21).

GROUND; To secure the proper development of the area.

3 Prior to above ground works of the dwellings hereby approved, details and manufacturer's specification of the external materials 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.

GROUND In the interests of visual amenity in accordance with Policy QD02 of the Thanet Local Plan.

4 The first floor ensuite windows in plots 1 & 4 hereby approved shall be non-opening below 1.73m above the finished internal floor level, shall be provided and maintained with obscured glass to a minimum level of obscurity to conform to Pilkington Glass level 4 or equivalent and shall be installed prior to first occupation of the development hereby permitted and permanently retained thereafter.

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GROUND To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy QD03 of the Thanet Local Plan.

5 The implementation of ecological enhancements as detailed within Section 4.10 of the submitted ecological report shall be carried out concurrently with the development and thereafter retained.

GROUND To incorporate biodiversity improvements in accordance with paragraph 175 of the National Planning Policy Framework.

6 Prior to the commencement of works hereby permitted (including demolition and site clearance), an Arboricultural Method Statement shall be submitted to, and approved in writing by, the Local Planning Authority. The method statement shall include details of the tree protection measures during construction (to accord with BS 5837 2012), works to be carried out within the root protection areas; a scheme for auditing tree protection during construction and subsequent reporting of this to the Local Planning Authority, and construction details of any hard landscaping within the root protection areas of the trees identified for retention on plan 2338/15/B/2D. The development shall be carried out in accordance with the approved details and methodology.

GROUND To protect existing protected trees and to adequately integrate the development into the environment, in accordance with Thanet Local Plan Policy QD02.

7 Prior to the first occupation of the development hereby approved, full details of both hard and soft landscape works, to include

o species, size and location of new trees, shrubs, hedges and grassed areas to be planted o the treatment proposed for all hard surfaced areas beyond the limits of the highway, to include consideration of the impact of proposed materials on trees identified for retention. o walls, fences, other means of enclosure proposed shall be submitted to, and approved in writing by, the Local Planning Authority.

GROUND In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan

8 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the first occupation; of any part of the development, or in accordance with a programme of works to be agreed in writing with the Local Planning Authority. Any trees or plants which within a period of 5 years from the

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completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species.

GROUND In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies QD02 and GI04 of the Thanet Local Plan

9 The development hereby permitted shall be constructed to a high standard of energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes.

11 Prior to the commencement of any development on site details to include the following shall be submitted to and approved by the Local Planning Authority and should be carried out in accordance with the approved details.

(a) Parking and turning areas for construction and delivery vehicles and site personnel (b) Timing of deliveries (c) Temporary traffic management / signage (d) Measures to control noise affecting nearby residents (e) Dust control measures

GROUND In the interests of highway safety and neighbouring amenity, in accordance with Policy QD03 of the Thanet Local Plan and the advice contained within the NPPF.

12 The area shown on the approved plan numbered 02E for vehicle parking and manoeuvring areas, shall be kept available for such use at all times and such land and access thereto shall be provided prior to the first occupation of the dwelling hereby permitted.

GROUND To provide satisfactory off street parking for vehicles in accordance with Policy TP06 of the Thanet Local Plan and the advice contained within the NPPF

Page 93 Agenda Item 4i

SITE, LOCATION AND DESCRIPTION

The application site is located on the eastern side of Sowell Street, Broadstairs. The site also has part of the rear boundary directly fronting onto Crawford Road. The site was garden land associated with a property known as Green Lawns (to the north of the site boundary). At present the land is grassed (overgrown) with vegetation and trees mainly around the perimeter of the site. Three trees on site are covered by an area Tree Preservation Order (B/TPO/2(1974)A1). The site is enclosed to Sowell Street by a red brick wall.

RELEVANT PLANNING HISTORY

F/TH/17/0572 Erection of 3 No 4-bed dwellings. Granted 13.09.2017

F/TH/09/0505 Erection of 8 no dwellings with associated parking and landscaping works. Refused 18/08/2011. Appeal Dismissed

PROPOSED DEVELOPMENT

Full planning consent is sought for the erection of four detached dwellings within the site. The dwellings would be set back from the Sowell Street frontage by approximately 20m.

Units 1 and 3 are two storey with a hipped roof (clay roof tiles), and a feature gable to the front and rear which projects slightly forward of the rest of the dwelling. The dwelling has a mock tudor style to the upper floor. The ground floor is proposed to be constructed of red stock brick. The dwelling has four bedrooms on the first floor.

Units 2 and 4 have a similar appearance to unit one, although the gable elements are handed and instead of a mock tudor style to the first floor tile hanging is incorporated.

In terms of vehicular access, an existing vehicular access would be utilised. Each dwelling would have two car parking spaces.

A Tree Survey is submitted with the application (March 2020). This details report recommends trees 1 and 3 to 16 will be removed. Following negotiations the trees along the frontage have been retained (trees 1-15)

DEVELOPMENT PLAN POLICIES

Thanet Local Plan

SP01 - Spatial Strategy - Housing SP13 - Housing Provision SP14 - General Housing Policy SP27 - Green Infrastructure SP28 - Protection of the International and European Designated Sites SP29 - Strategic Access Management and Monitoring Plan (SAMM)

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SP30 - Biodiversity and Geodiversity Assets SP35 - Quality Development SP43 - Safe and Sustainable Travel H01 - Housing Development GI04 - Amenity Green Space and Equipped Play Areas QD01 - Sustainable Design QD02 - General Design Principles QD03 - Living Conditions QD04 - Technical Standards TP02 - Walking TP03 - Cycling TP06 - Car Parking

Broadstairs Neighbourhood Plan BSP3: Protecting and Providing Important Trees BSP9: Design in Broadstairs & St. Peter's BSP12: Full Fibre Broadband Connections

NOTIFICATIONS

Letters were sent to adjoining occupiers, and a site notice posted close to the site. Five representations were received in relation to the initial plans. The concerns can be summarised as follows: • Affect local ecology • Increase of pollution • Out of keeping with character of area • Over development • Loss of roadside trees • Inadequate parking provision • Increase in traffic • Increase of pollution • Information missing from plans • Not enough info given on application • Over development • Traffic or Highways • Boundaries between properties not clearly defined • Potential overlooking • Noise Nuisance • Could access not be through Crawford Road? • Conflict with local plan • Out of keeping with character of area

Further comments on revised plans (one representation): • Information missing from plans • Not enough info given on application in relation to trees and root protection areas

Page 95 Agenda Item 4i

Broadstairs Town Council: Initial comments - The Planning Committee of the Town Council has considered this application and resolved unanimously to recommend REFUSAL with the following concerns: Loss of healthy, mature trees and damage to ecology. The Committee request that Kevin Pressland, Thanet District Council Tree Officer, Town Council Volunteer Tree Warden, Karen Mackenzie and the St. Peter's Ward Councillors undertake a site visit with the developer to review whether the application could be modified to make it more sensitive to the environment.

Further comment - The Planning Committee of the Town Council has considered this amended application and resolved unanimously to recommend NO OBJECTION with the following concerns: Lack of planning for protection of trees during the build. Request that TPO's are made for the trees already in place and a condition required that the developer replaces trees if they die within 10 years of the development. No TDC Tree Officer report uploaded to the Planning Portal.

Broadstairs Society: Initial comments - Objects to this proposal on the Grounds of Habitat Loss (policy QD02) and not in keeping with the local area. Additional concern is raised in relation to: - Affect local ecology - Increase in traffic - Over development - Strain on existing community facilities - Traffic or Highways

CONSULTATIONS

KCC Highways: Non-protocol application and therefore no comments to make.

Environmental Health: Given the proximity to a number of sensitive receptors I would recommend a construction environmental management plan is attached to any consent granted.

KCC Ecology : Initial comment - No ecological information has been submitted with this application. As a result of reviewing the data we have available to us (including aerial photos and biological records) and the information submitted with the planning application, we advise that further information is sought with regards to the potential for ecological impacts to arise as a result of the proposed development.

Habitats and features (including buildings, trees, rough grassland and shrubs,) are present on and around the site, indicating ecological value and the potential for protected species presence that must be taken account of in the planning decision. As such, a preliminary ecological appraisal (PEA) must be undertaken by a suitably qualified ecologist, in accordance with good practice guidelines - the PEA will assess the habitats and features within and around the site and identify if there is a need for further ecological surveys to assess ecological value and/or confirm protected species presence/likely absence.

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To ensure that the planning determination is adequately informed in respect of all potential ecological impacts, we advise that the PEA report, or, if further surveys are required, an Ecological Impact Assessment (EcIA) report, detailing all surveys and outcomes, must be sought as part of the planning application. This is in accordance with paragraph 99 of ODPM 06/2005 which states: "it is essential that the presence or otherwise of protected species and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision". An EcIA is a process of identifying, quantifying and evaluating the potential effects of development on habitats, species and ecosystems, so providing all ecological survey information alongside any necessary avoidance, mitigation and compensation proposals within one document.

One of the principles of the National Planning Policy Framework is that "opportunities to incorporate biodiversity improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity". We advise that Thanet District Council should seek to ensure that ecological enhancement measures are delivered within the proposals, with the applicant's ecological advisor providing site- appropriate recommendations in the submitted ecological reports.

The development includes proposals for new dwellings within the zone of influence (7.2km) of the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and Wetland of International Importance under the Ramsar Convention (Ramsar Site). Therefore, Thanet District Council will need to ensure that the proposals fully adhere to the agreed approach within the Strategic Access Management and Monitoring Plan (SAMMP) to mitigate for additional recreational impacts on the designated sites and to ensure that adequate means are in place to secure the mitigation before first occupation.

A recent decision from the Court of Justice of the European Union has detailed that mitigation measures cannot be taken into account when carrying out a screening assessment to decide whether a full 'appropriate assessment' is needed under the Habitats Directive. Therefore, we advise that due to the need for the application to contribute to the Thanet Coast and Sandwich Bay SAMMP there is a need for an appropriate assessment to be carried out as part of this application.

Further comment - We have reviewed the ecological information submitted in support of this planning application and advise that sufficient information has been provided. If planning permission is granted, we advise that a condition securing the implementation of ecological enhancements is attached. Developer Contributions will need to be provided due to the increase in dwellings within the zone of influence of a Special Protection Area.

Statutory Designated Sites The development includes proposals for new dwellings within the zone of influence (7.2km) of the Thanet Coast and Sandwich Bay Special Protection Area (SPA) and Wetland of International Importance under the Ramsar Convention (Ramsar Site). Therefore, Thanet District Council will need to ensure that the proposals fully adhere to the agreed approach within the Strategic Access Management and Monitoring Plan (SAMMP) to mitigate for additional recreational impacts on the designated sites and to ensure that adequate means are in place to secure the mitigation before first occupation.

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Protected Species We have reviewed the submitted Preliminary Ecological Appraisal and we are satisfied with the conclusions. In summary:

Bats No bats nor signs of bats were found during the internal/external inspection of the garages. They were judged as offering negligible suitability for roosting bats, being of single skin construction with no suitable cavities. Therefore, we are satisfied that no further surveys or mitigation is required for roosting bats.

Breeding Birds Any work to vegetation that may provide suitable nesting habitats should be carried out outside of the bird breeding season (March to August) to avoid destroying or damaging bird nests in use or being built. If vegetation needs to be removed during the breeding season, then mitigation measures need to be implemented during construction in order to protect breeding birds. This includes examination by an experienced ecologist prior to starting work and if any nesting birds are found during work, development must cease until after the juveniles have fledged. Whilst we agree that a full breeding bird survey will not be necessary due to the size of the site, a precautionary mitigation methodology should be adhered to prevent any offences being committed. We advise that a planning informative is attached to any granted planning application.

Other Protected Species We are satisfied with the assessment as outlined for reptiles, badgers, dormouse, and amphibians which are considered to be likely absent.

Protection of retained habitats. We advise that all hedgerows and trees to be retained within the proposed development shall be protected during construction in line with standard arboriculture best practice (BS5837:20121) and in line with any submitted arboriculture report. This will involve the use of protective fencing or other methods appropriate to safeguard the root protection areas of retained trees / hedgerows.

Enhancements The proposed development provides opportunities to incorporate features into the design which are beneficial to wildlife, such as native species planting and the installation of bat/bird nest boxes. Suggestions have been made in Section 4.10 of the submitted ecological report and we advise that these are implemented. We advise that measures to enhance biodiversity are secured as a condition of planning permission, if granted. This is in accordance with Paragraph 175(d) of the NPPF "opportunities to incorporate biodiversity

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improvements in and around developments should be encouraged, especially where this can secure measurable net gains for biodiversity".

Natural England: Since this application will result in a net increase in residential accommodation, impacts to the coastal Special Protection Area(s) and Ramsar Site(s) may result from increased recreational disturbance. Your authority has measures in place to manage these potential impacts through the agreed strategic solution which we consider to be ecologically sound.

Subject to the appropriate financial contribution being secured, Natural England is satisfied that the proposal will mitigate against the potential recreational impacts of the development on the site(s). However, our advice is that this proposed development, and the application of these measures to avoid or reduce the likely harmful effects from it, may need to be formally checked and confirmed by your Authority, as the competent authority, via an appropriate assessment in view of the European Site's conservation objectives and in accordance with the Conservation of Habitats & Species Regulations 2017.

This is because Natural England notes that the recent People Over Wind Ruling by the Court of Justice of the European Union concluded that, when interpreting article 6(3) of the Habitats Directive, it is not appropriate when determining whether or not a plan or project is likely to have a significant effect on a site and requires an appropriate assessment, to take account of measures intended to avoid or reduce the harmful effects of the plan or project on that site. The ruling also concluded that such measures can however be considered during an appropriate assessment to determine whether a plan or project will have an adverse effect on the integrity of the European site. Your Authority should have regard to this and may wish to seek its own legal advice to fully understand the implications of this ruling in this context. Natural England advises that it is a matter for your Authority to decide whether an appropriate assessment of this proposal is necessary in light of this ruling. In accordance with the Conservation of Habitats & Species Regulations 2017, Natural England must be consulted on any appropriate assessment your Authority may decide to make.

Tree Officer: Initial comments - The plan that indicates all the trees are for removal and this is unacceptable because they provide a high Amenity Value along the nearby road and local residential properties they are of high stature and beauty and the canopies intermingle together beautifully. All trees should be retained and any works should only 'Fill in Around Trunks' only with the tree butts current levels with the existing ground.

The Ash T16 has a lovely shape and form and is in good health and has high amenity value as it is overlooked by nearby residential houses and can be seen from the nearby road, it should be kept.

Further comment - It's good to see the existing trees are being retained. However there is one existing tree that is not included and that is the Ash identified in the previous plan as 16B. This is a healthy semi mature Ash on the boundary that will not impact the buildings apart from some shade in the longer term. I would recommend this tree also be retained.

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Relating to the soft landscaping proposed under the existing trees to be retained as specified. This looks like paviours? My question and concern is that paviours should not go up to the tree butts. There should be soil with surface mulch and ideally low planting underneath so water penetrates, I appreciate paviours will let a degree of water through but a clear reduction in moisture/rain getting to the wide root zone of these trees and with the increasing periods of hot weather we are and will experience could impact the trees negatively long term

Environment Agency: We have assessed this application as having a low environmental risk. We therefore have no comments to make.

Southern Water: Initial comment - The exact position of the public assets must be determined on site by the applicant in consultation with Southern Water, before the layout of the proposed development is finalised.

- The 600 mm public combined trunk sewer requires a clearance of 3.5 metres on either side of the trunk sewer to protect it from construction works and to allow for future access for maintenance. No development or new tree planting should be located within 3.5 metres on either side of the external edge of the public combined trunk sewer. - The 300 mm public combined sewer requires a clearance of 3 metres on either side of the trunk sewer to protect it from construction works and to allow for future access for maintenance. No development or new tree planting should be located within 3 metres on either side of the external edge of the public sewer. - No new soakaways, swales, ponds, watercourses or any other surface water retaining or conveying features should be located within 5 metres of public combined sewers. - All existing infrastructure, including protective coatings and cathodic protection, should be protected during the course of construction works.

We have restrictions on the proposed tree planting adjacent to Southern Water sewers, rising mains or water mains and any such proposed assets in the vicinity of existing planting.

It is possible that a sewer now deemed to be public could be crossing the development site. Therefore, should any sewer be found during construction works, an investigation of the sewer will be required to ascertain its ownership before any further works commence on site.

Southern Water requires a formal application for a connection to the public combined sewer to be made by the applicant or developer. We request that should this application receive planning approval, an informative is attached advising that consent is required.

Our initial investigations indicate that there are no dedicated public surface water sewers in the area to serve this development. Alternative means of draining surface water from this development are required. Discharge of surface water runoff to public combined network can be allowed only once full assessment of other alternative methods have been carried out and discounted and at the discharge rates agreed with Southern Water as not introducing detriment to downstream network. Foul and surface water onsite network shall remain separate until the boundary of the site or final connection to public sewer.

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The disposal of surface water from this development shall follow the hierarchy within Part H3 of Building Regulations: a) An adequate soakaway or some other adequate infiltration system. b) A water course. c) Where neither of the above is practicable: a sewer. The Council's Building Control officers or technical staff should be asked to comment on the adequacy of soakaways to dispose of surface water from the proposed development.

Further comment - The submitted drawing (02-C) shows 3 meters protection easement on either side of the 300mm public combined sewer which is satisfactory to Southern water.

Natural England: On the basis of the appropriate financial contributions being secured to the relevant scheme. NE concurs with your authority's conclusion that this is suitable mitigation, as such the proposed developments will not have an adverse effect on the integrity of Thanet Coast and sandwich Bay SPA and Ramsar site.

COMMENTS

This application is referred to the Planning Committee at the request of Cllr Garner due to concerns that the development would represent an over development of the site, out of keeping with the area and the unnecessary removal of healthy trees and effect on local ecology.

Principle

The site is located within the urban confines, although not previously developed land within close proximity of existing facilities and services. The principle of residential development on the site accords with Policy H01 of the Thanet Local Plan.

Given the location of the application site within the urban confines, and the previous consent to develop the site for housing, which is a material consideration, the proposed development is considered to be acceptable in principle, subject to the assessment of all other material planning considerations.

Character and Appearance

Paragraph 127 of the NPPF states decisions should ensure that developments will function well and add to the overall quality of the area, are visually attractive as a result of good

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architecture, layout and appropriate and effective landscaping, sympathetic to local character and history, establish a strong sense of place and optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development and create place that are safe, inclusive and accessible. Policy SP35 relates to the quality of development and states that new development will be required to be of high quality and inclusive design. Policy QD01 relates to sustainable design and sets out that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gasses and have resilience to function in a changing climate. Policy QD02 is a general design policy and sets out that the primary planning aim in all new development is to promote or reinforce the local character of the area and provide high quality and inclusive design and be sustainable in all other respects. External spaces, landscape, public realm, and boundary treatments must be designed as an integral part of new development proposals and coordinated with adjacent sites and phases.

Number 16 Sowell Street, which this land was its associated curtilage, is two storey in height with gable features. The dwelling's principal elevation faces south rather than west (facing Sowell Street).

The area is mixed in terms of residential character, Sowell Street has a rural feel to it, with significant landscaping and detached properties set back from the road, whereas Crawford Road is more suburban in character, with a mixture of detached, semi-detached houses and bungalows fronting the street.

The application site is currently enclosed to Sowell Street by an existing brick wall and recessed gate opening towards the southern end of the application site. The boundary wall continues to number 14 Sowell Street.

Since the original submission of the application the plans have been revised to include a reduced depth to dwellings on plots 1-4 and positioned further west to create a deeper private amenity space. The height of the proposed dwellings are considered to be in keeping with the surrounding area, being a mixture of two and single storey.The dwellings have a greater depth in comparison to their width, enabling clear visual gaps between the proposed dwellings.

The front gable projection to each dwelling will break up the bulk of the building, and the combination of siting and materials will reduce their prominence in the street-scene. The garden areas are sufficiently large and, given the dwelling to plot ratio and the extent of the garden area, the proposal is not considered to be a cramped form of development or overdevelopment of the plot. The proposal will also retain the existing front boundary wall which contributes to the character of the area. The overall impact in the street-scene on Sowell Street is considered to be acceptable.

In regard to the impact on the development from Crawford road, the simple form of the proposed dwellings, together with the separation distance between properties, will mean the proposal won't appear incongruous in the street scene or result in significant harm to the established form and character of the area.

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The proposal is therefore considered to be acceptable in terms of the character and appearance of the area, in accordance with Policies SP35, QD01 and QD02 of the Thanet Local Plan and the National Planning Policy Framework. Furthermore the proposal is considered to comply with the policies set out within the Broadstairs Neighbourhood Plan

Living Conditions

The properties directly adjacent to the development are 4 Crawford Road and 16 Sowell Street. The dwelling proposed to be located adjacent to 4 Crawford Road has a similar depth of that property and located at an angle to this property; the distance of separation varying between approximately 5- 7m between built forms. Given this distance I consider plot 1 would not have any impact in terms of loss of light, outlook or sense of enclosure. There is one window proposed in the first floor facing this property, serving a non-habitable room (ensuite), this can be conditioned to ensure it is provided and maintained with obscure glazing and shall be non-opening below 1.73m above the finished internal floor level. On this basis there is, therefore, no potential for overlooking or subsequent loss of privacy.

With regard to the impact upon 16 Sowell Street, the proposed development is located to the rear and side of this dwelling at the closest point being approximately 6 metres away. The proposal will not have any significant impact in terms of loss of light, outlook or sense of enclosure.

In terms of windows there is one first floor window serving an en-suite, a non-habitable room. The use of obscure glazing to this window can be secured by condition to ensure there is no potential for overlooking or subsequent loss of privacy. It is also recommended that this window shall be non-opening below 1.73m above the finished internal floor level. Whilst there are windows in the rear elevation these will not be directly overlooking the private garden area of no. 16 Sowell Street.

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To the rear of the site is St. Joseph's Catholic Primary School and dwellings located on the opposite side of Crawford Road, given the degree of separation I consider that no material harm will occur to either the school nor houses on the opposite side of the road.

The proposed development is therefore unlikely to impact upon the living conditions of the occupiers of neighbouring dwellings. The proposed development is therefore considered to be acceptable in terms of the living conditions of adjacent neighbouring properties, in accordance with Policy QD03 of the Thanet Local Plan and para 127 National Planning Policy Framework.

Doorstep playspace is required for all 2-bed units or more under Policy GI04 of the Thanet Local Plan, along with refuse storage, clothes drying and cycle storage space. Each of the proposed dwellings has an enclosed doorstep playspace which is reasonably sized.

In terms of the living conditions of the future occupiers of the proposed dwellings, Policy QD03 requires new development to be of an appropriate size and layout with sufficient usable space to facilitate comfortable living conditions and meet the standards set out in Policy QD04, which are the National Described Space Standards (March 2015). Paragraph 127 of the National Planning Policy Framework requires development to provide a high standard of amenity for existing and future users, with all windows serving primary habitable rooms required to provide an acceptable level of outlook, natural light and ventilation for the rooms. The proposed dwellings meet all of these criteria in terms of the overall floor space and window provision to habitable rooms and is therefore considered policy compliant. Conditions would be imposed to ensure that the development achieves a water efficiency standard of 110litres/person/day and energy efficiency to the equivalent of Level 4 of the Code for Sustainable Homes as required by policies QD01 and QD04 of the Thanet Local Plan.

Transportation

Paragraph 108 of the NPPF says that in assessing applications for development it should be ensured that: Appropriate opportunities to promote sustainable transport modes can be - or have been - taken up, given the type of development and its location; Safe and suitable access to the site can be achieved for all users; and Any significant impacts from the development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree.

Parking standards require two independently accessible parking spaces for four bedroom units and cycle storage provision. The proposal accords with these requirements, provisioning two spaces at the front of each dwelling by utilising the existing vehicular access into the site. Whilst not ideal as this is an existing vehicular access and it is considered material harm would not occur. Secure cycle and bin storage is annotated on the plans, and is easily accommodated within the garden area. On this basis there is no objection to the proposed development on the grounds of highway safety

The impact upon highway safety is therefore considered to be acceptable.

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Trees

The site contains a number of trees covered by a Tree Protection Order (TPO) (under reference B/TPO/2(1974)A1). The Order covers the entire site for those trees that were present in 1974. Paragraph 4.1 of the Tree Survey carried out March 2020, stated that "The proposal is to construct four dwellings with access using the southern entrance to the site from Sowell Street. The existing wall on the Sowell Street frontage will be retained in the proposals. As recommended, trees 1 and 3 to 15 will be removed. Tree 16 will also be removed. The details of the construction following BS5837:2012 are shown on plan 2338/15/B/2C. All the tree protection fencing will be erected before work starts on site and this will ensure that the trees are properly protected during construction and will not be affected by these works." A total of the 15 trees of the 16 trees currently on site were proposed to be removed. Following concerns expressed by the officer the agent has confirmed that all trees will be retained.

In addition since concerns were raised about the impact of hard surfacing on the root protection areas of the retained trees, the site block plan has been amended (02E) to show remove the reference to any hard surfacing material pending the outcome of further assessments to ensure that the root protection areas of the trees to be retained are taken into account. A condition would be added to any permission requiring an arboricultural method statement to be submitted for approval prior to clearance and construction, to include details of protection to trees during construction and impact on root protection areas from any hard surfacing (with the precise materials to be agreed at condition stage).

Ecology

The NPPF states at paragraph 170 that the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible. The NPPF then states at paragraph 175 that "if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused."

Initially no ecological information accompanied this application. However upon request additional ecological information (Preliminary Ecological Appraisal) was provided. KCC Ecological Advice Service have advised that they have no objection to the proposal, based on this report as no bats nor signs of bats were found during the internal/external inspection of the garages. The buildings were judged as offering negligible suitability for roosting bats, being of single skin construction with no suitable cavities. In terms of removal of vegetation it is considered reasonable that this should be carried out outside of the bird breeding season, and this can be addressed through an informative to any granted planning application.

KCC recommends a condition to secure the implementation of ecological enhancements as detailed within Section 4.10 of the submitted ecological report. This is considered appropriate in accordance with Policy SP27 of the Local Plan.

Contributions

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This application includes a draft Unilateral Undertaking which provides the required financial contribution for the 4no four bed residential units (£530 x 4) to mitigate the additional recreational pressure on the SPA area. Clarification on a number of points is being sought at the time of writing this report.

Other matters

Given the proximity to a number of sensitive receptors Environmental Health recommend a construction environmental management plan is provided prior to the commencement of any works on site. This condition has been agreed with the applicant to manage potential noise/disturbance.

Conclusion

The principle of development is acceptable, and the proposed dwelling would not cause significant harm to the form and character of the area or to neighbour amenity or highway safety.

The proposal therefore complies with policies of the Thanet Local Plan, the provisions of the National Planning Policy Framework (2019), and the policies within the Broadstairs Neighbourhood Plan. It is therefore recommended that planning permission be deferred subject to an acceptable Unilateral Undertaking being submitted.

It is therefore recommended that Members defer the application subject to safeguarding conditions.

Case Officer Gill Richardson

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TITLE: F/TH/20/0575

Project Green Lawns 16 Sowell Street BROADSTAIRS Kent CT10 2AT

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