Change of use of the rear part of the motor vehicle repair and MOT centre from B2 (general industrial) to a mixed B2 and B8 use (to allow for storage and distribution) together with the retention of two storage containers in connection with the B2 use and the siting of nine additional storage containers for B8 storage use.

The proposal sought planning permission for the Change of use of the rear part of the motor vehicle repair and MOT Centre from B2 (general industrial) to a mixed B2 and B8 use (to allow for storage and distribution). The application had been referred to the Committee by Councillor Perry Cole to consider the possibility of adverse effect on neighbouring residential properties amenities.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speakers:

Members asked questions of clarification from the speakers and officer.

It was moved by the Chairman and duly seconded that the recommendations within the report, be agreed.

Members discussed the application and noted the conditions which had been proposed.

The motion was put to the vote and it was

Resolved:  That planning permission be granted subject to conditions:

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

In pursuance of section 91 of the Town and Country Planning Act 1990.

2)        No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

To reduce risk to controlled waters. Controlled waters are particularly sensitive in this location because the site is located upon a Principal aquifer within SPZ3. Due to the vulnerability of the aquifer every precaution should be taken to prevent any pollution of groundwater. Should remediation be deemed necessary, the applicant should demonstrate that any remedial measures have been undertaken as agreed and the environmental risks have been satisfactorily managed so that the site is deemed suitable for use.

To comply with the National Planning Policy Framework paragraph 170.

3)        No occupation of any part of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

To reduce risk to controlled waters. Controlled waters are particularly sensitive in this location because the site is located upon a Principal aquifer within SPZ3. Due to the vulnerability of the aquifer every precaution should be taken to prevent any pollution of groundwater. Should remediation be deemed necessary, the applicant should demonstrate that any remedial measures have been undertaken as agreed and the environmental risks have been satisfactorily managed so that the site is deemed suitable for use.

To comply with the National Planning Policy Framework paragraph 170.

4)        If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

To reduce risk to controlled waters. There is always the potential for unexpected contamination to be identified during development groundworks. We should be consulted should any contamination be identified that could present an unacceptable risk to Controlled Waters.

To comply with the National Planning Policy Framework paragraph 170.

5)        The development hereby permitted shall not be commenced until such time as a scheme to connect the property to foul and or surface water drainage system has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by remobilised contaminants present in shallow soils/made ground in line with paragraph 170 of the National Planning Policy Framework.

6)        Whilst the principles and installation of sustainable drainage schemes are to be encouraged, no infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

7)        To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution caused by remobilised contaminants present in shallow soils/made ground in line with paragraph 170 of the National Planning Policy Framework.

8)        Prior to the use of the containers details of the trees to screen the containers from the residents of Carmelite Way will be submitted to and approved in writing by the Local Planning Authority. Those details shall include:- planting plans (identifying new planting);-a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities); and-a programme of implementation.  Development shall then be carried out in accordance with the approved details. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written approval to any variation.

To safeguard the visual appearance of the area as supported by Policy EN1 of the Sevenoaks District Local Plan.

9)        The site shall only be open for customers between the hours of: 08:00 to 18:00 Monday to Saturday and 11:00 to 16:00 Sundays and Bank Holidays.

To safeguard local amenities as supported by policy EN2 of the ADMP.

10)      Prior to the use of the containers details shall be submitted to and approved in writing by the Local Planning Authority in respect to the lighting on site with details of external lights strength, location, direction and orientation. The external lighting shall only be illuminated within the hours of 08:00 to 18:00 Monday to Saturday and 11:00 to 16:00 Sundays and Bank Holidays and shall be as agreed with the Local Planning Authority and shall be maintained thereafter.

To safeguard local amenities as supported by policy EN2 of the ADMP.

11)      The containers hereby permitted shall not be refrigerated by any means.

To safeguard local amenities as supported by policy EN2 of the ADMP.

12)      Within three months of this permission details shall be submitted to and approved in writing by the Local Planning Authority of an entry gate to the site to enable the site to be closed when the site is closed. The entry gate will be locked outside of the hours of opening. Development shall then be carried out in accordance with the approved details prior to the use of the containers hereby permitted.

To safeguard local amenities as supported by policy EN2 of the ADMP.

13)      The development hereby permitted shall be carried out in accordance with the following approved plans and details: 02, 03

For the avoidance of doubt and in the interests of proper planning.

Informatives

1)            KCC Highways informative:

It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil.

Information about how to clarify the highway boundary can be found at

https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highway-boundary-enquiries

The applicant must also ensure that the details shown on the approved plans agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.

 2)      Environment Agency Guidance:

We note from the application form that surface water will be managed by the use of a soakaway. The site is located upon Clay-with-Flint superficial deposits which are relatively impermeable. The applicant should assess the viability of using a soakaway at this location. Additionally, the following points should be noted wherever infiltration drainage (such as soakaways) are proposed at a site:

- Appropriate pollution prevention methods (such as trapped gullies or interceptors) should be used to prevent hydrocarbons draining to ground from roads, hardstandings and car parks. Clean uncontaminated roof water should drain directly to the system entering after any pollution prevention methods.

- No infiltration system should be sited in or allowed to discharge into land impacted by contamination or land previously identified as being contaminated.

- There must be no direct discharge to groundwater, a controlled water. An unsaturated zone must be maintained throughout the year between the base of the system and the water table.

- A series of shallow systems are preferable to systems such as deep bored soakaways, as deep bored soakaways can act as conduits for rapid transport of contaminants to groundwater

Disposal of soil Contaminated soil that is, or must be disposed of, is waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:

- Duty of Care Regulations 1991

- Hazardous Waste (England and Wales) Regulations 2005

- Environmental Permitting (England and Wales) Regulations 2010

- The Waste (England and Wales) Regulations 2011

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically in line with British Standard BS EN 14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for the Preparation and Application of a Sampling Plan' and that the permitting status of any proposed treatment or disposal activity is clear. If in doubt, the Environment Agency should be contacted for advice at an early stage to avoid any delays.

If the total quantity of waste material to be produced at or taken off site is hazardous waste and is 500kg or greater in any 12 month period the developer will need to register with us as a hazardous waste producer.

(Having spoken against the application as a registered speaker, Cllr Perry Cole left the room during consideration of this item and did not take part in the debate or voting thereon.)