Agenda item

(1)       The Chairman invited the General Counsel to explain to the Committee that all Local Members who were also Members of the Planning Applications Committee needed to decide whether they were in a position to approach the determination of a planning application without being considered to have pre-determined their view on the application. If this was the case, they were still entitled under the Constitution to address the Committee on behalf of their constituents, but should not otherwise participate in the determination of the application.

(2)       The Chairman thanked the General Counsel for his explanation and then informed the Committee that he would not participate in the determination of the application but would address the Committee as the Local Member.

(3)       Mr A Booth, Vice-Chairman of the Committee thereupon took the Chair for the remainder of the meeting.

(4)       Correspondence from the Kent and Medway Economic Partnership had been separately circulated to all Members of the Committee.  It had also written to the Head of Planning Applications and these views had been included in the report.

(5)       Correspondence from Mrs M Dawkins (Member for Canterbury City South) and Mrs L Harvey-Quirke and Mrs G Glover (Local City Councillors) had previously been circulated to all Members of the Committee.

(6)       Mrs Ann Davis (Chair of Sturry PC) and Mr Biff Whipffster (local resident) addressed the Committee in objection to the application, Mr Richard Shelton (KCC Highways) spoke in reply on behalf of the applicants. 

(7)       Mr R A Marsh addressed the Committee as the Local Member.

(8)       The Committee added two Informatives to the recommendations. These were:

(a)          The applicant and the Highway Authority are encouraged to continue dialogue with Network Rail, Canterbury City Council and Sturry Parish Council to deliver improvements to the Sturry Railway Station, including the provision of a ticket machine on the southern platform and to explore the potential for the use of more 4 carriage trains in the interim to minimise the time the level crossing at Sturry is closed.

(b)          The applicant is encouraged to monitor traffic flows post implementation of improvements to the A28/A291 to consider the effectiveness of the junction improvements.

(9)       At the request of the Chairman, the Committee agreed unanimously that, in accordance with paragraph 16.32 of the Constitution,  the vote of each Member in favour, against or in abstention on the revised recommendations would be recorded in the Minutes. 

(10)     On being put to the vote, the recommendations of the Head of Planning Applications Group were agreed (as amended in (8) above) by 10 votes to 1 with 1 abstention.

FOR: 

Mrs R Binks, Mr A Booth, Mr N J D Chard, Mr P Chittenden, Mr P Cole, Mr G Cooke, Mr D Crow-Brown, Mr M Dendor, Mr P M Harman, Mr C Simkins (10)

AGAINST:

Mr H Rayner (1)

ABSTAIN:

Ms J Meade (1)

(11)    RESOLVED that:-

(a)       the Appropriate Assessment set out at Appendix 2 to the report and made under The Conservation of Habitats and Species Regulations (2017) be adopted;

(b)       permission be granted to the application subject to conditions, including conditions covering the 5year timeperiod for implementation; the  development being carried out without deviation in accordance with the details,plans andspecifications submitted; the development being carried out in accordance with the submitted generalarrangement drawing (set out in Annex A of the Report to Inform the HabitatsRegulations Assessment - Amey February 2020) to protect wildlife in the river andforaging in the area. Only bored piling (in accordance with the submitted details) shall      be carried out without the written approval of the County Planning Authority to ensuret that there areno unnecessary risksto fish in theriver; detailed specifications for post-construction restoration being submitted to theCounty Planning Authority prior to the commencement of the development and being implementedas agreed; no development taking place (including ground works, vegetation clearance) until      a Construction Environmental Management Plan (CEMP(Biodiversity)) has beensubmitted to and approved in writing by the County Planning Authority.The CEMP (Biodiversity) will,amongst other measures,ensure theprotection ofand/or mitigationfor the Great Stour, Ashfordto FordwichLocal WildlifeSite; Bats; Reptiles; Beavers; and Retainedhabitats. The CEMP (Biodiversity) will be informed by up-to-date ecological surveys (as  appropriate) andwill include the following: a RiskAssessment ofpotentially damagingconstruction activities; the identificationof “biodiversityprotection zones”, practical measures (both physical measures and sensitive working practices)  to avoid or reduce impacts during construction ( this may be provided as a set ofmethod statements), the location and timing of sensitive works to avoid harm to biodiversityfeatures, the times during construction when specialist ecologists need to be present    on site tooversee works, Responsible Persons andlines of communication, the role and responsibilities on site of an ecological clerk of works (ECoW) or similarlycompetent person, and useof protectivefences, exclusionbarriers and warningsigns; the CEMP (Biodiversity) being adhered to and implemented throughout theconstruction period in accordance withthe approved details; no development commencing until an Ecology and Landscape Management Plan (ELMP) has been submitted to and approved by the County Planning Authority (inconsultation withthe relevantconsultees), toinclude amongstother matters: details of the wetland creation and improvement works for the Desmoulin’s whorl snail habitat, along with monitoring of the snail population in functionallylinked habitats; details of habitat restoration and enhancement within the Great Stour,  Ashfordto Fordwich LocalWildlife Site; details of the habitat creation, including long term management and  monitoring,for thecreation of scrapes; the submission of detailed specifications and implementation for ecologicalenhancement proposals; details of the legal and funding mechanism by which the long-termimplementation of the plan would be secured by the developer with the  management body(ies) responsible for itsdelivery; how contingencies and/or remedial action would beidentified, agreed and implemented where results from monitoring show the ecological aims and objectives of the  Plan are not being met, so that the development still delivers thebiodiversity objectives ofthe originally approved Plan; the approved CEMPbeing implementedin accordance withthe approveddetails; the County Planning Authority beingprovided with a licence, prior to commencement of the development, regarding the impacts of the development on otters. This licence is to be issued by  NaturalEngland pursuant to Regulation55 ofthe Conservation ofHabitats and SpeciesRegulations 2017 (as amended) toenable theworks toproceed lawfully; the road not becoming operational until the viaduct parapets are fitted with solidscreens (as depicted on drawing number 4300392/1700/ID/01 Rev P1) to preventoverspill directly into the river from surface water run-off on the road when spreading the wintermaintenance gritand salts,along withspray frompassing vehicles; the submission for written approval to the County Planning Authority  prior to the road becoming operational of a “Salinity Monitoring Plan (SMP)” to ensure thatthere isno adverseincrease insaline dischargeas aresult ofthe proposeddevelopment. The SMP will monitor the influent and effluent quality close to the ponddischarge pointsand willinclude details ofthe monitoringmethod, locations and frequency; detailsof thebody ororganisation responsiblefor implementation; the submission of an annual monitoring report to the County Planning  Authority for 5 years once operational, then every 5 years after that (or until KCCHighways implementsa ‘no salt’winter maintenance programme); the plan will also set out (where the results from monitoring show an adverse  increase in saline discharge) how contingencies and/or remedial action will be  identified, agreed and implemented so that the development does not lead toincreased saline dischargeand an adverseimpact on Stodmarsh Special Area of Conservation (SAC); theSMP being implementedas approved; in the event that an unprecedented pollution incident occurs as a result of theoperation of the development (including saline intrusion),  the method of treating the pollution being considered by the County Planning Authority  in consultation with Natural England and The Environment Agency, with furthermitigation measures being agreedin writing;  the submission, prior to first use of the development, for written approval by the County Planning Authority of a “Lighting Design Strategy forBiodiversity” for the site. This Strategy will ensure that there is no street-lighting on the viaductand will identify those areas/features on site that are particularly sensitive to lightingimpacts (including anybiodiversity enhancement features), show how and where external lighting will be installed in accordance withGuidance Note 8 Bats and Artificial Lighting’ (Bat Conservation Trust andInstitute ofLighting Professionals), that allexternal lightingshall beinstalled inaccordance withthe specificationsand    locations set out in the Strategy and will be maintained thereafter in accordance withit; the submission for written approval by the County Planning Authority prior to the commencement of development of a Sustainable Surface Water Drainagesystem to be implemented through a Surface Water Management Plan andmonitoring of efficacy (to include the mitigation measures detailed in the Flood RiskAssessment, April 2020, and drainage details set out in the Report to inform the Habitats     Regulations Assessment, February 2020); the link road not becoming operational until a verification report has beensubmitted for written approval by the County Planning Authority for the operation of  thesurface waterdrainage system; the link road not becoming operational until the Sturry Dyke drainage culverts have been upgraded in accordance with a scheme to be approved in writing by the  County Planning Authority; the development being carried out in accordance with the submitted Flood Risk              Assessment andthe mitigation measuresit details; the submission of a Construction Management Plan prior to the commencement of     t       h         e                 development, to include the routingof constructionand delivery vehiclesto andfrom thesite; parking and turning areas for construction and delivery vehicles and site  personnel; the timingof deliveries; the provisionof wheelwashing facilities; temporarytraffic management/signage; the submission of a Construction Traffic Travel Plan and Construction Logistics  Plan; the implementation of traffic calming features and/or signage for the purposes of  encouraging “Local Traffic Only” on the A28 south of the level crossing and along  Sweechgate; the viaduct, roads, footways, footpaths, verges, junctions, street lighting, sewers,drains, retaining structures, service routes, surface water outfall, embankments,visibility splays, accesses, carriageway gradients, crossings, cycle paths, bus lanes,bus laybys, bus clearways and street furniture being laid out and constructed inaccordance with details to be submitted for written approval by the CountyPlanning Authorityprior to thecommencement of the development; an additional road traffic noise survey being submitted to the County PlanningAuthority prior to the Sturry Link Road becoming operational in its entirety in order to determine which properties would meet the eligibility criteria for noiseinsulation; the submission submitted prior to the commencement of development of further details of the connection of footpaths CB64 and CB51 at the Shalloak Road widening                section and the footpath running underneath the viaduct, as well as the detaileddesign of the interface between the northern attenuation pond and the adjacentPROW; the submission for approval by the County Planning Authority (inconsultation withthe relevantconsultees) of an updated Construction Environmental Management Plan (CEMP) prior to  the commencement of the development. The CEMP to include (amongst other matters) the routingof constructionand deliveryvehicles to and fromthe site; the methodof controllingerosion; a dustand airquality managementplan, toinclude monitoring; mitigation for the impact of dust on the surrounding area, including details of           water suppressionand vehicle movementcontrols; hours ofworks being restrictedto between 0730 and 1800 on Mondaysto Fridays, 0800 and 1300 on Saturdayswith no workon Sundaysor BankHolidays; control ofnoise atsource (using silencersfor plantand toolsetc); control ofthe spreadof noise (usingbarriers, screens etc); the applicant/developer ensuring, if the development does not commence within 12 months of the approval of the CEMP ,,                 that all ecological surveys are updated asnecessary (in consultation with the County Planning Authority), in order to  ensure that they are currentand incorporatethe necessary mitigationmeasures required; the submission of new signage for the Public Rights of Way prior to theopening of the Sturry Link Road in order to maintain public knowledge and therefore use of  thepublic rightsof way; no street lights being erected along the length of the viaduct without the written            approval ofthe County Planning Authority; no development taking place until the applicants have secured theimplementation of archaeological field evaluation work and further to this, measures      to ensure preservation in situ of any remains and/or recording in accordance with aspecification andtimetable agreed bythe CountyPlanning Authority; the submission for written approval by the County Planning Authority prior to the commencement of development of a remediation strategy to deal with the  risks associated with contamination of the site; the link road not becoming operational until a verification report demonstrating                completion of the remediation strategy has been submitted to the County Planning  Authority; no further development taking place if contamination is found on site that has not been previously identified until a strategy for dealing with this has beensubmitted tothe County Planning Authorityfor written approval;  no piling using penetrative methods being undertaken without the approval of theCounty Planning Authorityfollowing aPiling Risk Assessment; the submission for written approval by the County Planning Authority (in consultation with the Flood and Water Management Team andNatural England) within 6 months of the permission being granted, of a Landscape and Planting Plan as well as a 5year maintenance programme. The plan must include details of the individual mix, species, sizesand planting densities of all landscaping, include varieties that would encouragebees, and in particular the saline-tolerant planting species for the attenuation ponds; theplanting schemeand maintenanceprogramme beingcarried outin accordancewith the approved Plan; the replacement within 12 months in the same places by large nursery stock of the same species of any trees, plants, shrubs and hedges included in the approved scheme of landscaping or of any replacement trees,         shrubs or hedges being removed or destroyed, dying or dead within 5 years ofplanting; and

(c)       the applicants be advised by Informative that :-

(i)           they are reminded of the requirement for an application to temporarilyclose footpath CB60 where it would cross the link road (to be used as a haul road) in  theinterest ofsafety;

(ii)          their attention is drawn to the fact that no structures may be erected on or            across a PROW without the express consent of the Highway Authority (HA), that thereshould be no disturbance of the surface or obstruction of its use either during orfollowing development without the express consent of the HA, that no hedging orshrubs should be planted within 1m of the edge of the PROW, that planning consent            confers no consent or right to close or divert any PROW at any time without theexpress permission of the HA, and that no Traffic Regulation Orders will be grantedby KCC for works that will permanently obstruct the route unless a diversion orderhas been madeand confirmed;

(iii)         they are reminded that the prior written consent of the River Stour InternalDrainage Boardwill berequired forconnections toSturry Road Dyke;

(iv)         various equipment such as underground cables may be affected by thedevelopment, therefore prior to commencement of works accurate records should beobtained bythe developerfrom UK Power Networks;

(v)          once operational, the County Council, as Highways Authority, shall endeavour toimplement a reduced winter maintenance programme whenever possible to limit theamount ofsalt being distributed onthe viaduct;

(vi)         they should considerthe provisionof anadditional footwayalong the          eastern side ofSturry Hill south ofthe proposedroundabout onthe A291;

(vii)       the applicant and the Highway Authority are encouraged to continue dialogue with Network Rail, Canterbury City Council and Sturry Parish Council to deliver improvements to the Sturry Railway Station, including the provision of a ticket machine on the southern platform and to explore the potential for the use of more 4 carriage trains in the interim to minimise the time the level crossing at Sturry is closed; and

(viii)      the applicant is encouraged to monitor traffic flows post implementation of improvements to the A28/ A291 to consider the effectiveness of the junction improvements.