Agenda item

21/03546/CONVAR - White Oak Leisure Centre, Hilda May Avenue, Swanley KENT BR8 7BT

Variation of condition 10 of permission 19/02951/HYB to allow for a temporary car park layout using part of the existing car park, until the old leisure centre is demolished for the new car park.

Minutes:

The proposal sought planning permission for the variation of condition 10 of permission 19/02951/HYB to allow for a temporary car park layout using part of the existing car park, until the old leisure centre is demolished for the new car park. The application had been referred to the Committee as the applicant was Sevenoaks District Council.

 

Resolved:  That planning permission be granted for the variation of Condition 10 of planning permission 19/02951/HYB as follows:

 

 

1)   The levels for the leisure centre development shall be in accordance                    with those shown on the approved plans drawing numbers 1689 SBA-                XX-XX-DR-A-101D, 1689 SBA-XX-XX-DR-A-0202B, 1689 SBA-XX-XX-DR-A-       0203E, 1689 SBA-XX-XX-DR-A-0204D and 1689 SBA-XX-XX-DR-A-511A or    alternative levels details of which shall be submitted to and approved        in writing by the local planning authority.

      To safeguard the visual appearance of the area as supported by policy           EN1 of the Sevenoaks Allocations and Development Management Plan.

 2)  Details of the residential development relating to the layout, scale and appearance of the proposed buildings, and the landscaping of the site (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development is commenced.

      No such details have been submitted.

 3)  The application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of planning permission 19/02951/HYB. The development hereby permitted shall be begun no later than the expiration of two years from the date of approval of the last of the reserved matters.

In Pursuance of section 92(2) of the Town and Country Planning Act 1990.

 4)  The development hereby permitted shall be carried out in accordance with the following approved plans: 1689 SBA-XX-BO-DR-A-009A, 1689 SBA-XX-00-DR-A-010K, 1689 SBA-XX-01-DR-A-011E, 1689 SBA-XX-02-DR-A-012F, 1689 SBA-XX-XX-DR-A-101D, 1689 SBA-XX-XX-DR-A-0202B, 1689 SBA-XX-XX-DR-A-0203E, 1689 SBA-XX-XX-DR-A-0204D, 1689 SBA-XX-XX-DR-A-0501N (as amended by the non-material amendments approved by the local planning authority under references 21/00635/NMA and 21/03208/NMA), 1689 SBA-XX-XX-DR-A-502C, 1689 SBA-XX-XX-DR-A-508E, 1689 SBA-XX-XX-DR-A-0510B, 1689 SBA-XX-XX-DR-A-511A and SK21957-001.

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

5)   Unless carried out in accordance with the materials approved by the local planning authority on 11.01.2021 under decision reference 20/03351/DETAIL, samples of the materials to be used in the construction of the external surfaces of the new leisure centre building shall be submitted to and approved in writing by the local planning authority prior to installation. The development shall be carried out using the approved materials.

To ensure that the appearance of the development enhances the character and appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 6)  No development shall be carried out relating to the new residential development until full details of the materials to be used in the construction of the external surfaces of the new residential development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out using the approved materials.

To ensure that the appearance of the development enhances the character and appearance of the area as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 7)  Unless carried out in accordance with the details of landscaping works approved by the local planning authority on 30.09.2020 under decision reference 20/02417/DETAIL, full details of landscape works shall be submitted to and approved in writing by the local planning authority prior to first use of the new leisure centre building. Those details shall include:- hard landscaping plans (identifying any existing hard standing, new hard standing and details of surfacing materials);- existing boundary treatment to be retained and all proposed boundary treatment; - planting plans (identifying existing planting, plants to be retained and new planting);- a schedule of new plants (noting species, size of stock at time of planting and proposed number/densities);- appropriate pruning works to retained trees;- tree protection measures to be installed during construction; and- a programme of implementation. The development shall be carried out in accordance with the approved details.

To enhance the visual appearance of the area as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 8)  If within a period of 5 years from the completion of the development, any of the trees or plants that form part of the approved details of soft landscaping die for both the new leisure centre and the residential development are removed or become seriously damaged or diseased then they shall be replaced in the next planting season with others of similar size and species.

To safeguard the visual appearance of the area as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

 9)  The development shall be implemented in accordance with the (i) archaeological field evaluation approved by the local planning authority on 16.06.2020 under reference 20/00933/DETAIL and (ii) the further archaeological investigation approved by the local planning authority on 26.10.2020 under reference 20/02560/DETAIL.

To ensure that features of archaeological interest are properly examined and recorded in accordance with the National Planning Policy Framework.

10)Prior to the first use of the leisure centre, the temporary parking spaces shown on 169-SBA-XX-XX-DR-A-0535 Rev C2 shall be made available to users of the leisure centre for a temporary period until such time as the vehicle parking spaces shown on the approved plan 1689 SBA-XX-XX-DR-A-0501N (as amended under non-material amendment 21/00635/NMA and 21/03208/NMA) shall be provided. The latter shall be permanently retained thereafter unless otherwise agreed in writing by the local planning authority.

To ensure a permanent retention of vehicle parking for the development as supported by Policy T2 of the Sevenoaks Allocations and Development Management Plan.

11)The provision of parking spaces for the proposed residential development shall be in accordance with the Kent Residential Parking Standards (IGN3) and permanently retained thereafter unless otherwise agreed in writing by the local planning authority.

To ensure a permanent retention of vehicle parking for the development as supported by Policy T2 of the Sevenoaks Allocations and Development Management Plan.

12)Unless carried out in accordance with the details approved by the local planning authority on 29.04.2020 under decision reference 20/00934/DETAIL, prior to the first occupation of the new leisure centre building, details of the secure, covered cycle parking facilities for the development shall be submitted to and approved by the local planning authority. The development shall be carried out in accordance with the approved cycle parking facilities shall be maintained thereafter.

To ensure a permanent retention of cycle parking for the development as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

13)Prior to the first occupation of the new residential development, details of secure, covered cycle parking facilities for the development shall be submitted to and approved by the local planning authority. The development shall be carried out in accordance with the approved cycle parking facilities and shall be maintained thereafter.

To ensure a permanent retention of cycle parking for the development as supported by Policy EN1 of the Sevenoaks Allocations and Development Management Plan.

14)Prior to the first use of the permanent car park to serve the new leisure centre, visibility splays of 33m x 2.4m x 33m shall be provided and maintained thereafter at the vehicular access to serve the development, with no obstructions over 1.05m above carriageway level within the splays. These shall be carried out in accordance with the details approved by the local planning authority on 29.04.2020 under decision reference 20/00935/DETAIL.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

15)Prior to the first use of the new residential development, visibility splays of 33m x 2.4m x 33m shall be provided and maintained thereafter at both respective vehicular access to serve the development, with no obstructions over 1.05m above carriageway level within the splays.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

16)Unless carried out in accordance with the Travel Plan approved by the local planning authority on 5.10.2020 under decision reference 20/02206/DETAIL, the leisure centre shall not be brought into use until a Travel Plan to reduce dependency on the private car has been submitted to and approved in writing by the local planning authority. The Travel Plan shall include objectives and modal-split targets, a programme of implementation and provision for monitoring, review and improvement. Thereafter, the Travel Plan shall be put into action and adhered to throughout the life of the development, or that of the Travel Plan itself, whichever is the shorter.

To reduce dependency on the private car as supported by the National Planning Policy Framework.

17)The construction of the new leisure centre shall be carried out in accordance with the details approved by the local planning authority on 29.04.2020 under reference 20/00936/DETAIL, unless an alternative Construction Management Plan has been submitted to and approved in writing by the local planning authority. The Plan shall include the following:(a) Routing of construction and delivery vehicles to / from site(b) Parking and turning areas for construction and delivery vehicles and site personnel(c) Timing of deliveries(d) Provision of wheel washing facilities(e) Temporary traffic management/signage. The Construction Management Plan shall be fully adhered to during the course of the construction phase.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

18)Prior to the commencement of residential development on the site a Construction Management Plan shall be submitted to and approved in writing by the local planning authority. The Plan shall include the following:(a) Routing of construction and delivery vehicles to / from site(b) Parking and turning areas for construction and delivery vehicles and site personnel(c) Timing of deliveries(d) Provision of wheel washing facilities(e) Temporary traffic management/signage. The Construction Management Plan shall be fully adhered to during the course of the construction phase.

In the interest of highway safety as supported by policy EN1 of the Sevenoaks Allocations and Development Management Plan.

19)Unless carried out in accordance with the details approved by the local planning authority on 22.03.2021 under decision reference 21/00292/DETAIL, prior to the first occupation of the new leisure centre development details of the electric charging points to be provided for the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and maintained thereafter.

To encourage the use of low emission vehicles, in accordance with Policy T3 of the Sevenoaks Allocations and Development Management Plan.

20)Prior to the first occupation of the new residential development details of the electric charging points to be provided for the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and maintained thereafter.

To encourage the use of low emission vehicles, in accordance with Policy T3 of the Sevenoaks Allocations and Development Management Plan.

21)From the commencement of the development, all measures will be carried out as detailed within section 6.1.2 of the Preliminary Ecological Appraisal & Bat Emergence Survey (Ecologic September 2019).

To ensure the long term retention of bats on the site and in the local area in accordance with policy SP11 of the Sevenoaks Core Strategy.

22)Unless an alternative scheme is submitted to and approved in writing by the local planning authority, the development shall be carried out in accordance with details of how the development will enhance biodiversity approved by the local planning authority on 30.09.2020 under decision reference 20/01653/DETAIL. The submitted details shall include integrated bird nesting bricks and the planting of native species. The approved details shall be implemented and thereafter retained.

To ensure the development provides a net gain to biodiversity enhancements as supported by the National Planning Policy Framework.

23)If emptying the swimming pools into a public sewer the pools shall be emptied overnight in dry periods and the discharge rate shall not exceed a flow rate of 5 litres/second into the public sewer network.

To avoid overloading the drainage system in accordance with the National Planning Policy Framework.

24)Unless carried out in accordance with the details approved by the local planning authority on 04.06.2020 under decision reference 20/00937/DETAIL, a detailed sustainable surface water drainage scheme for the site shall be submitted to and approved in writing by the local planning authority prior to the commencement of works on the drainage scheme. The detailed drainage scheme shall be based upon the Drainage Strategy dated October 2019 by Furness Partnership and shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site. The drainage scheme shall also demonstrate (with reference to published guidance):- that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters.- appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker. The drainage scheme shall be implemented in accordance with the approved details.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding as supported by the National Planning Policy Framework.

25)Prior to the commencement of the works to erect the new residential development, a detailed sustainable surface water drainage scheme for the site shall be submitted to and approved in writing by the local planning authority. The detailed drainage scheme shall be based upon the Drainage Strategy dated October 2019 by Furness Partnership and shall demonstrate that the surface water generated by this development (for all rainfall durations and intensities up to and including the climate change adjusted critical 100 year storm) can be accommodated and disposed of within the curtilage of the site without increase to flood risk on or off-site. The drainage scheme shall also demonstrate (with reference to published guidance):- that silt and pollutants resulting from the site use can be adequately managed to ensure there is no pollution risk to receiving waters.- appropriate operational, maintenance and access requirements for each drainage feature or SuDS component are adequately considered, including any proposed arrangements for future adoption by any public body or statutory undertaker.The drainage scheme shall be implemented in accordance with the approved details.

To ensure the development is served by satisfactory arrangements for the disposal of surface water and to ensure that the development does not exacerbate the risk of on/off site flooding as supported by the National Planning Policy Framework.

26)No building on any phase (or within an agreed implementation schedule) of the development hereby permitted shall be occupied until a Verification Report, pertaining to the surface water drainage system and prepared by a suitably competent person, has been submitted to and approved by the local planning authority. The Report shall demonstrate the suitable modelled operation of the drainage system where the system constructed is different to that approved. The Report shall contain information and evidence (including photographs) of details and locations of inlets, outlets and control structures; landscape plans; full as built drawings; information pertinent to the installation of those items identified on the critical drainage assets drawing; and, the submission of an operation and maintenance manual for the sustainable drainage scheme as constructed.

To ensure that flood risks from development to the future users of the land and neighbouring land are minimised, together with those risks to controlled waters, property and ecological systems, and to ensure that the development as constructed is compliant with and subsequently maintained pursuant to the requirements of the National Planning Policy Framework.

27)Where infiltration is to be used to manage the surface water from the development hereby permitted, it will only be allowed within those parts of the site where information is submitted to demonstrate to the local planning authority's satisfaction that there is no resultant unacceptable risk to controlled waters and/or ground stability. The development shall only then be carried out in accordance with the approved details.

To protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

28)Piling or any other foundation designs using penetrative methods shall not be 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 groundwater. The development shall be carried out in accordance with the approved details.

To avoid the potential risks associated with the use of piling where contamination is an issue as supported by the National Planning Policy Framework.

29)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, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved, verified and reported to the satisfaction of the local planning authority.

To avoid the potential for unexpected contamination impacting the development in accordance with the National Planning Policy Framework.

30)On completion of the works to construct the permanent car park (part 2 of the leisure centre site), a contamination validation report, demonstrating that all remedial and precautionary measures have been taken during the course of construction, shall be submitted to and approved in writing by the local planning authority. [The contamination validation report relating to the works to construct the new leisure centre (part 1 of the leisure centre site) was approved by the local planning authority on the 08.10.2021 under decision reference 21/02060/DETAIL].

To demonstrate that the development has not caused contamination to the site in accordance with the National Planning Policy Framework.

31)On completion of the works to construct the new residential development a ground contamination validation report, demonstrating that all remedial and precautionary measures have been taken during the course of construction, shall be submitted to and approved in writing by the local planning authority.

To demonstrate that the development has not caused contamination to the site in accordance with the National Planning Policy Framework.

32)During the operation of the leisure centre building, the level of music emitted from the site measured as an LAeq,T shall not be less than 10 dB below the background sound level (measured as LA90,T) at any time. In addition, the music emitted measured as Leq,T in the 63 Hz and 125 Hz octave bands, shall not be less than 10 dB below the corresponding background sound level (measured as L90,T) in these octave bands. All measurements shall be made at the nearest residential receptor to the site.

To safeguard the residential amenity of the occupiers of existing and proposed nearby properties as supported by the National Planning Policy Framework.

33)During the operation of the leisure centre building, the Rating Level (determined as defined in BS 4142:2014 Methods for rating and assessing industrial and commercial sound, at the nearest residential receptor) of noise from all plant, operating at its maximum design duty shall not exceed the Background Sound Level at any time.

To safeguard the residential amenity of the occupiers of existing and proposed nearby properties as supported by the National Planning Policy Framework.

34)Unless carried out in accordance with the details approved by the local planning authority on 14.09.2020 under decision reference 20/02108/DETAIL, prior to the first use of the new leisure centre building, details of mitigation measures to minimise the impact of vehicle emission on the nearby Air Quality Management Area shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained thereafter.

To avoid increasing vehicle emissions within the Air Quality Management Area as supported by the National Planning Policy Framework.

35)Unless carried out in accordance with the details approved by the local planning authority on 19.02.2021 under decision reference 21/00064/DETAIL, prior to the first occupation of the new leisure centre development, full details of a lighting scheme for the site shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

To safeguard the character and appearance of the area and the residential amenity of the occupiers of existing and proposed nearby properties as supported by policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

36)Prior to the first occupation of the new residential development full details of a lighting scheme for the site shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

To safeguard the character and appearance of the area and the residential amenity of the occupiers of existing and proposed nearby properties as supported by policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

37)Unless carried out in accordance with the details approved by the local planning authority on 08.06.2021 under decision reference 21/00114/DETAIL, prior to the first occupation of the new leisure centre building, a scheme for crime prevention shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

In order to design out crime within the development and the surrounding area as supported by the National Planning Policy Framework.

38)Prior to the first occupation of the new residential development a scheme for crime prevention shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

In order to design out crime within the development and the surrounding area as supported by the National Planning Policy Framework.

39)No development shall be carried out in relation to the new residential development until full details of the required alterations to the White Oak Indoor Bowls Centre building have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

To safeguard the character and appearance of the area and the residential amenity of the occupiers of existing and proposed nearby properties as supported by policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan.

 

 

Supporting documents:

 

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