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Planning applications in Canterbury

Planning application - CA//10/01293

Invalid Registered

14/10/2010
Pending
decision
Decided External
decision
Withdrawn Appeal
received
Appeal
decided
Decided

This application has been decided by the City Council. The decision notice is available to view in the documents associated with this application.

Application details

Application number: CA//10/01293
Application type: FULL APPLICATION
Registration Date: 14 / 10 / 2010
Comments welcome by: 26 / 11 / 2010
Committee date: 08 / 03 / 2011
Location: Crab and Winkle Former Railway Line Abutments and Embankment, Teynham Road to and over Old Bridge Road, Whitstable
Ward: CHESTFIELD & SWALECLIFFE
Proposal: Installation of two bridge structures on derelict, disused land for foot and cycle use. The proposed structures span Teynham Road, The Railway Line and Old Bridge Road.
Case Officer: Nicola Hughes
Case Officer Tel: 01227 862542
Status: Decided
Agent: Sustrans
The Old Music Hall
106-108 Cowley Road
Oxford
OX4 1JE
Applicant: The Crab and Winkle Line Trust
Decision Level: COMMITTEE
Decision Date: 10 / 03 / 2011
Decision: GRANTED
Conditions or Reasons:

1) The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2) No work shall be commenced before details of the construction materials and finishes relating to the bridges and respective embankment construction have been submitted to, and approved in writing, by the Local Planning Authority. The works shall be carried out in accordance with that approval, unless subsequently otherwise approved in writing by the Local Planning Authority. REASON: To ensure that the external appearance of the development does not unduly prejudice the visual amenity of the neighbourhood and historic character of the locality.

3) Before the development is commenced a scheme for the planting and landscaping of the site shall be submitted to, and approved in writing, by the Local Planning Authority. Such scheme shall specify the landscape concept to be followed and the phasing, location, size and species of all new planting and shall identify areas where tree vegetation and clearance work is to take place. All tree and vegetation clearance work shall be agreed on site in liaison with the Local Planning Authority's Arboricultural Officer prior to any clearance work taking place. REASON: To ensure the proper management of trees and vegetation on site and to ensure that the site is adequately landscaped in the interests of the appearance of the locality.

4) All planting, seeding or turfing comprised in the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the construction of the bridges or the completion of the development, whichever is the sooner; and any trees or plants which are removed, die or become seriously damaged or diseased within five years of planting shall be replaced in the next planting season with others of similar size and species to those originally required to be planted. REASON:  To ensure that the site is adequately landscaped in the interests of the appearance of the locality.

5) The tree/landcaping works as agreed under Condition 3 above shall be undertaken during bat hibernation season. If signs of bats are encountered during construction works or as a result of any vegetation removal undertaken in association with the works, works must cease on site and a suitably qualified ecologist, in liaison with English Nature, shall be consulted immediately. The trees and vegetation shall be surveyed by a licensed bat worker to determine whether roosting bats are present prior to any felling or tree works taking place. If trees intended for removal are found to house a bat roost, details of the proposed mitigation measures shall be submitted to and agreed in writing by the Local Planning Authority prior to any mitigation measures taking place on site. Thereafter the mitigation measures as agreed shall be carried out in full to the satisfaction of the Local Planning Authority. On completion of the bridges a minimum of 5 bat boxes shall be erected in agreed locations on site to encourage bat activity in this area. REASON: Bats are afforded protection at a European Level from the Habitats Regulation as a European Protected Species and from the Wildlife & Countryside Act 1981 (as amended). It is illegal to deliberately or recklessly kill or injure a bat and to damage, disturb or obstruct access to a roost, even if the species are not present.

6) Prior to the commencement of development on site the mitigation procedures in respect of the programme for the trapping and translocating of reptiles to other suitable habitat as detailed within Kent Highway Services: Supplementary Ecological Scoping Survey (Section 4) dated June 2010 shall be undertaken as part of a destructive search carried out between the months of March and October only and signed off upon completion by a suitably qualified ecologist. No development shall take place prior to the appropriate translocation mitigation measures having been fully implemented to the satisfaction of the Local Planning Authority. On completion of the bridges suitable invertebrate and reptile habitat shall be created adjacent to the route to encourage reptile activity in this area. REASON: Reptiles are protected from being killed, injured, taken or sold by the Wildlife & Countryside Act 1981 (as amended).

7) Any works to the trees and shrubs on site shall be timed so as to avoid the bird-nesting season (early March August). If this is not possible then a full bird nesting survey shall be undertaken by a suitably qualified ecologist to determine the presence of nesting birds immediately prior to the start of works. If any active nests are discovered, no work that would disturb them shall take place until the young have fully fledged. REASON: Birds are protected under The Wildlife & Countryside Act 1981 (as amended) and as such injuring or killing of any wild bird is illegal. This Act also protects their nests from being damaged or destroyed whilst it is being built or in use and the eggs are also protected from being damaged or destroyed.

8) Prior to the bridges and route coming into use, the Monaro Urban Contemporary form of lighting mounted on lighting columns not exceeding 4 metres in height spaced not less than 17.5 metres apart and the Reno overhead lighting suspended on the underside of the upper trussing of the bridge spanning the Old Bridge Road and railway line, hereby permitted, consisting of a maximum average luminance of 10 Lux and minimum of 3 Lux and LED Lamps, shall be installed at locations to be submitted, and agreed in writing, by the Local Planning Authority. The lighting shall be installed in accordance with the details above and in those locations as agreed by the Local Planning Authority, unless subsequently otherwise agreed in writing by the Local Planning Authority. The route shall only be illuminated in winter months (those months outside British Summer Time) during the hours of darkness, however illumination shall be switched off at 20:00 (8pm) on any given day during the winter period with no re-illumination of the lighting taking place until dusk the following day. Recommendation: To prevent disturbance to feeding and commuting bats to coincide with the bat hibernation period and to prevent harmful light spillage that may negatively impact on the amenities of neighbouring occupiers.

9) Prior of the commencement of the use of the bridges, details of the signage including precise locations of each sign, design of access points onto the route and surface finishes, shall be submitted to, and approved in writing, by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority no part of the route shall be brought into use until such measures have been implemented in full to the satisfaction of the Local Planning Authority. Reason: To ensure the legibility of the route and to apply appropriate measures to ensure highway safety is afforded to all future users of the route.

10) Prior to the commencement of the use of the route hereby permitted, details of the precise siting, orientation and size of the hurdle and other screen panels/fencing near to, abutting and on the bridges as well as between the bridges and other elevated parts of the route where views may be gained into adjacent properties, shall be submitted to, and agreed in writing and on site with the Local Planning Authority. Such screen panels/fencing shall be installed in accordance with the details above and in those locations as agreed by the Local Planning Authority, unless subsequently otherwise agreed in writing by the Local Planning Authority. The agreed panels/fencing shall remain in place, or shall be reinstated if failed, until such times as vegetation has been established sufficiently enough to prevent views from the route into private properties either side of the route. The screening shall be erected and thereafter maintained to the satisfaction of the Local Planning Authority. REASON: To prevent harmful overlooking and loss of privacy that may negatively impact on the amenities of neighbouring occupiers.

11) Before the development is commenced details of those measures to be put in place to ensure stability of the existing embankment and any remodeling works necessary, shall be submitted to and agreed in writing, with the Local Planning Authority. Thereafter the stabilising and remodelling measures relating to the embankments as agreed shall be carried out in full to the satisfaction of the Local Planning Authority, unless otherwise subsequently agreed in writing by the Local Planning Authority. Reason: To ensure appropriate measures are put in place that would prevent subsidence of the route or undermine the stability of the bridges herein permitted.

12) Before the development is commenced a scheme illustrating measures to protect the existing public sewer in locations where development, and in particular tree/landscaping are to be planted, shall be submitted to, and approved in writing, by the Local Planning Authority. Thereafter the public sewer protection measures as agreed shall be carried out in full to the satisfaction of the Local Planning Authority, unless otherwise subsequently agreed in writing by the Local Planning Authority. Reason: To ensure appropriate measures are put in place that would prevent harm being caused to the public sewers within the vicinity of the development herein permitted.

13) Before the development is commenced details of soakaways to be installed to drain the development hereby permitted shall be submitted to, and approved in writing, by the Local Planning Authority. Thereafter the soakaways as agreed shall be constructed in full to the satisfaction of the Local Planning Authority, unless otherwise subsequently agreed in writing by the Local Planning Authority. Reason: To ensure the development herein permitted is adequately drained and prevent any impact on the stability of the bridges or the route arising and/or inconvenience to neighbouring residential occupiers as a result of increased surface water draining onto their property.

14) Unless otherwise agreed in writing by the local planning authority the development or work shall only be carried out in accordance with drawings: - B1070700/LE/10/LP Revision A B1070700/G/101 Revision A received on 27 August 2010 B1070700/G/102 Revision C received on 27 August 2010 B1070700/G/103 Revision B received on 27 August 2010 B1070700/G/104 Revision 0 received on 27 August 2010 B1070700/G/105 Revision 0 received on 27 August 2010 B1070700/G/201 Revision D received on 14 October 2010 B1070700/G/202 Revision C received on 14 October 2010 B1070700/G/203 Revision A received on 14 October 2010 B1070700/G/204 Revision C received on 14 October 2010 B1070700/LE/040-1 Revision B received on 27 August 2010 B1070700/LE/041 Revision A received on 27 August 2010 B1070700/LE/042 Revision 0 received on 27 August 2010 REASON: To ensure the development or work is in accordance with the permission, consent or approval given.

Informative notes:

1) This decision to grant planning permission subject to conditions has been made having regard to the following material considerations in particular: - the siting, design, scale and form of the proposed development; - potential affect on the amenity of neighbouring properties; - highway safety implications; - cyclists and pedestrian connectivity and sustainable patterns of development; - the character and appearance of the conservation area; - landscape, arboriculture and biodiversity; - designated Tree Preservation Orders and Protected Existing Open Space; - potential noise, disturbance and anti-social behaviour; and, - foul and surface water drainage and flood risk. The permission is considered to accord with policies in the South East Plan 2009 and the Canterbury District Local Plan First Review 2006 and specifically policies BE1, BE2, BE7, C3, C24, NE1 and NE2 of the Local Plan and policies BE1, BE6, C6, CC6, CC8, NRM5, T1 and T2 of the South East Plan in that ecological, environmental, conservation and residential amenity issues are safeguarded, the design of the project is acceptable and creation of this public facility is in pursuance of Local Plan objectives.

Appeal Received Date: This case has no appeals against it