Agenda item

(1)       The Head of Planning Applications informed the Committee of representations received from Aardvark Planning Law on behalf of Halsbury Homes. 

(2)       In the light of comments received from Guston PC, the Head of Planning Applications asked the Committee to agree to the revision of draft conditions 12 and 13 through the removal of the words: “unless otherwise approved in writing with the County Planning Authority.”  This was agreed. 

(3)       The Clerk to the Committee read out representations from Guston PC, Sebastian Charles of Aardvark Planning Law and from Jack Pugsley of WSP in reply on behalf of the applicants. 

(4)       Mr G Lymer and Mr N J Collor were present for this item as Local Members and addressed the Committee.

(5)       On being put to the vote, the recommendations of the Head of Planning Applications as amended in (2) above were agreed by 12 votes to 0 with 1 abstention.

(6)      RESOLVED that:-

(a)       permission be granted to the proposal subject to conditions, including conditions covering the developmentbeginning within3 yearsof thedate of thepermission; the development beingcarried outin accordancewith thesubmitted details; prior to the commencement of section 1 of Fastrack details of all the proposedstructures, including the overbridge, retaining walls, paving and hard surfaces,carriageway design and materials being submitted to the County Planning Authority for   written approval; the construction of Section 2 of the Fastrack road being carried out  in accordance with the WSP Materials Schedule document and drawing numbersKCC/HTW/1100/001, KCC/HTW/1100/004, and KCC/HTW/1100/005; details of the fences, railings and gates being submitted for   the written approval of the County Planning Authority prior to their installation, and thereafter being implemented asapproved and retained; details of the permanent bus shelters being submitted for the     written approval of the County Planning Authority prior to their installation and thereafter being implemented asapproved and retained;  the implementation of the landscape design proposals as set out on drawing numbersDVFT-WSP-S1-XX-DR-L- 0101-0108 Rev P05 Landscape General Arrangement Plans 1-8, DVFT-WSP-S1-XX-DR-L-0201 Landscape Cross Section, and DVFT-WSP-12-XX- DR-L- 0202-0204Rev P01Typical LandscapeDetails within thefirst planting season following the opening of each section of the road to ensure that the visual impact of the    development issoftened throughthe landscapingproposed;  the replacement of any trees, shrubs hedges etc that are destroyed, dead or dying  within 5 years of planting, with large nursery stock of the same species in the same  paces; the Landscape Management and Maintenance Plan (WSP, July 2020) beingimplemented as detailed for the lifetime of the development, and to be regularly reviewed, with any updates being submitted to theCounty Planning Authority forwritten approval; prior to the commencement of the development of each individual Fastrack road section, tree protection measures for all trees and hedgerows being retained in close proximity being erectedand retained for theduration ofthe works; a Construction Environment Management Plan (CEMP) being submitted to the County   Planning Authority for written approval prior to the commencement of the development of each individual Fastrack road section,  with the development being carried out inaccordance with this document. The CEMP shall include details of the scale, timing and  mitigation of all construction-related aspects of the development (including - but notlimited to: therequired mitigationmeasures neededto controlthe potentialnuisance fromnoise, dust, vibration and night-time bridge works, including the need for a Section 61prior consent agreement with Dover District Council under the Control of Pollution Act  for night-timeworks associated withthe bridge constructionfor Section 1only; site hours ofoperation, the numbers, frequencyand typeof vehiclesvisiting thesite, a travel plan and guided access/egress and parking arrangements for site works,  visitors and deliveries, wheel washing and other facilities to prevent dust, dirt and detritus from entering the  public highway (and means toremove itif itoccurs), potential dust, vibration and strike damage to heritage assets affected during the construction ofSection 2 ofFastrack road, detailsof theecological mitigationto bewritten byan ecologist,  the ecological mitigation works being implemented under an ecological watchingbrief and timings of works affecting biodiversity being decided by an ecological clerk of  works, and thatany fencingon siteretains connectivity on sitefor badgers);  the bridge over the A2 and the junction of the permitted road with Honeywood Parkway               at the Tesco roundabout, as detailed in the application for Section 1 of Dover Fastrack,being restricted to use by buses, pedestrians, cycles and emergency vehicles, andnot being used for any other vehicular traffic;  use of the junction of Section 2 of Dover Fastrack with Dover Road (and the 386m longsection of road approaching this junction as detailed in the application, which shows the final position of the ANPR cameras and bus gate) being restricted to  use by buses, pedestrians, cycles, emergency vehicles and farm traffic associated withFrith Farmonly (thosefarm vehiclesbeing pre-registeredwith DoverDistrict Council as operators of the enforcement cameras) and not being used for any other vehicular        traffic; within 3 months of the commencement of each individual Fastrack road section,  a lighting strategy designed to meet the requirements of the lighting strategy within the               Ecological Mitigation Strategy (WSP, July 2020) being submitted to the CountyPlanning Authority and approved in writing.This shall include details of the lightingcolumns and hoursof lighting operation; anupdated badger survey of the site being carried out prior to the commencement of development of Section 2 of the Fastrack road. If the results of the survey or         mitigation required differ from those detailed in the submitted Badger Survey (WSP,January 2021) an updated survey and mitigation strategy must be submitted to theCounty Planning Authority for writtenapproval; prior to the commencement of the development of Section 1 of the Fastrack road, theapplicant or their agents or successors in title securing the implementation of aprogramme of archaeological work in accordance with a written specification (WSI) and              timetable which hasbeen submittedto andapproved by theCounty Authority; Section 2 of the Fastrack road being constructed in accordance with   the submitteddocument ‘WrittenScheme ofInvestigation foran ArchaeologicalTrial Trench Evaluation’(WSP, January2021); the submission of a Post Excavation Assessment tothe County Planning Authorityfor writtenapproval within 9 months of the completion on site of the archaeological mitigation works referred  to in the two conditions above; the development being carried out in accordance with the submitted document “DoverFastrack Sections 1 and 2 – Generic Quantitative Risk Assessment” (WSP, December2020);  the prior submission for approval in writing by the County Planning Authority of a verification reportdemonstrating completion of the works prior to any section of the Fastrack road being brought into use as set out in the agreed remediation strategy, demonstrating the effectiveness of the remediation; no further development being carried out, if during development, contamination not previously identified is found to be present atthe site until a remediation strategy detailing how this contamination will be dealt with has been submitted to and approved in  writingby the CountyPlanning Authority; no drainage systems for the infiltration of surface water to the ground being permitted other  thanwith thewritten approvalof theCounty Planning Authority; piling using penetrative methods not being carried out other than in accordance with a Piling Risk Assessment and with the written  approval of the County Planning Authority;  prior to the commencement of Section 1 of the Fastrack road a sustainable surfacewater drainage scheme shall be submitted to and approved in writing by the County Planning Authority. This drainage scheme shall be based upon the submitted Flood Risk               Assessment (WSP, August 2020) and shall demonstrate that the surface watergenerated by this development can be accommodated and disposed of without increase  toflood risk on oroff site;  Section 2 of the Fastrack road being implemented in accordance with the details of the  sustainable surface water drainage scheme contained within the submitted Flood RiskAssessment (WSP,August 2020);  the Fastrack road (or each section of the road if developed separately) not becoming  operational until a Verification Report, pertaining to the surface water drainage system,has been submittedto and approvedin writing bythe CountyPlanning Authority; the mitigation measures outlined in the WSP Air Quality Assessment report (referenceDVFT-WSP-12-ZZ-RP-AQ-0001 datedAugust 2020) beingimplemented asset out; should any bunding/mounding be proposed in addition to that shown on the application drawings, details shall first be submitted to and approved in writing by the County Planning Authority. the prior submission for written approval by the County Planning Authority;  the development being carried out in accordance with the Biodiversity Net GainAssessment, the Ecological Mitigation Strategy and the submitted plans to ensure that the            development achievesthe scheme-widebiodiversity netgain as setout; and the submission for written approval by the County Planning Authority of a Public Right of Way Management Scheme prior to the commencement of any works affecting the Public Rights of Way ER54 andER60, including details of surfacing, width, signage, alignment and the two crossings, based on that shown on the plans; and

(b)       the applicants be informed by Informative that:-

(i)               they must ensure that all necessary highway approvals and consents are obtained;

(ii)          they must take note of the Coal Authority’s Standing Advice at  www.gov.uk/government/organisations/the-coal-authority;

(iii)         they must ensure that the development is carried out in accordance withNetwork Rail’s Asset Protection Informatives for works in close proximity to NetworkRail’s Infrastructure;

(iv)         they must take note of the Kent Police Designing Out Crime Officer general             advice;

(v)          there is a 6 week time frame to issue a temporary closure of a Public Right of Way if required, and that any temporary closurecannot be issued until a diversion order is confirmed, and that an alternative route mustbe constructed;

(vi)         they are reminded that a Section 61 prior consent agreement under the Controlof Pollution Act for night-time works associated with the bridge construction, as specifiedin thecondition above, shouldbe sought fromDover DistrictCouncil;

(vii)        It is their responsibility to ensure that all works are carried outoutside of the breeding bird season (March 1^st to August 31^st inclusive) and that, if this is not             possible, a suitably qualified ecologist examines the site for breeding birds prior towork commencing;

 (viii)   felling of trees identified as suitable for roosting bats should be undertaken in aprecautionary mannerto minimise anyrisks tothis species group; and

(ix)         for the avoidance of doubt in relation to these conditions: Section 1 relates to theelement of the Fastrack scheme which starts in Phase 1 of the Whitfield UrbanExpansion, goes over the A2 via the new bridge and ends at the new junction at theTesco roundabout on Honeywood Parkway. Section 2 commences at the B&Q roundabouton Honeywood Parkwayand extendsto thejunction with DoverRoad.