Agenda item

(1)       Mr T A Maddison informed the Committee that he was acquainted with a number of the local residents who had commented on the application. This did not constitute an Other Significant Interest as none of these was of a close personal nature. He was therefore able to determine the application with a fresh mind.

(2)       The Head of Planning Applications Group tabled a revised recommendation to grant permission subject to receipt of a written commitment from Wilmington Academy and Wilmington Grammar School for Boys regarding the implementation and ongoing operation of the mitigation measures set out in the application.  The recommended footpath condition was also amended to take account of the Academy’s opening hours and that it could only be used by local secondary school pupils.  These amendments were accepted by the Committee.

(2)       Mrs A D Allen was present for this item pursuant to Committee Procedure Rule 2.27 and spoke.

(3)       Ms Stacey Brown (Wilmington Safer Streets) and Mr Brian Garden (Wilmington PC) addressed the Committee in opposition to the application. Mr Ian Watts (Kent Property and Infrastructure Support) and Mr Simon Moon (DHA Planning) spoke in reply on behalf of the applicants.

(4)       On being put to the vote, the recommendations of the Head of Planning Applications Group were agreed by 12 votes to 3 with 1 abstention.

RESOLVED that:-

(a)          permission be granted to the proposal subject to the receipt of a written commitment from Wilmington Academy and Wilmington Grammar School for Boys regarding the implementation and ongoing implementation of the mitigation measures set out in the application and to conditions,including conditionscovering the developmentbeing carried outin accordancewith thepermitted details;  the modular buildingsbeing removedfrom the site andthe land being reinstatedas playingfield onor before1 September2017; the submission andapproval ofthe colourfinish ofthe modularbuildings; all highwaymitigation (footwaywideningon CommonLane,provision ofon-site footpathlink, surfacing ofPROW DR118A, andtwo on-sitebus parking bays)being completedand operationalprior tofirst use/occupationof themodular buildings; the on-site footpathlink beingopen andavailable toall local secondary pupilsduring the peak hours in the morning and afternoon on Mondays toFridays duringterm time; theon-site drop-off/pick-uparea beingavailable foruse duringthe morningand afternoon peak times on Mondays toFridays duringterm timeand being supervised bya memberof staff; theAcademy implementing  and monitoringall oftheTravel Planinitiativesand reviewing them wherenecessary; the developmentbeing undertakenin accordancewith therecommendationsand precautionarymeasures setout withinthe EcologicalAssessment; thedevelopment beingundertaken outsideof thebird breedingseason(March to August)unless supervisedby anexperienced ecologist; the provisionof ecologicalenhancements;  andthe submissionand approvalof  a  ConstructionManagement Strategy,including details ofthe methods andhours ofworking, locationof any requiredsite compounds andoperative/visitors parking, detailsof anyrequired lorrywaiting facilities, detailsof the constructionaccess,and detailsof howthesite accesswould bemanaged to avoidconflict withpeak schooltimes andtraffic associatedwith localschools; and

(b)       the applicant  be advised by informative that:-

(i)           their attentionis drawnto theletter fromPublicRights ofWay which containsgeneralinformation regardingworksadjacentto and/oron aPublic Right ofWay.The granting ofplanning permission conferson the developerno otherpermission or consentor rightto closeor divertany Public Rightof Wayat anytime withoutthe expresspermission ofthe Highways  Authority; and

(ii)          theirattentionis drawnto theletter fromHighwaysand Transportationin which it  is  notedthat  it  is  the  responsibilityof  the  applicant to  ensurethat  all necessaryhighwayapprovals andconsents are obtainedand thatthe limitsof the highwayboundaryare clearlyestablished inorder toavoid anyenforcement action beingtaken by theHighway Authority.The applicantmust also ensurethat the detailsshownon theapproved plansagree inevery respectwith thoseapproved under suchlegislation andcommon law.It isthereforeimportantfor theapplicant to contactKCC Highwaysand Transportationto progressthis aspectof theworks prior tocommencement.