This application has been decided by the City Council. The decision notice is available to view in the documents associated with this application.
|Application type:||FULL APPLICATION|
|Registration Date:||09 / 10 / 2007|
|Comments welcome by:||11 / 01 / 2010|
|Committee date:||02 / 02 / 2010|
|Location:||Disused railway embankment from All Saints Close to Northwood Road, Whitstable|
|Proposal:||Shared use walking and cycling path.|
|Case Officer:||Nicola Hughes|
|Case Officer Tel:||01227 862542|
|2 Cathedral Square|
|Applicant:||Crab and Winkle Line Trust|
|5 Clifton Road|
|Decision Date:||15 / 02 / 2010|
|Conditions or Reasons:||
1) The development to which this permission relates must be begun not later than the expiration of five 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.
2) No removal of vegetation or construction on any part of the route shall be commenced prior to the completion for use of the two bridges to the south of the proposed route across Teynham Road and Old Bridge Approach. REASON: To ensure the development is undertaken comprehensively and to prevent undue loss of privacy to adjoining neighbours as a result of loss of existing vegetation.
3) Before the development is commenced a scheme for the landscaping of the site shall be submitted to and approved 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. This work shall accord with the Method Statement for Tree Removal set out by Jacobs Engineering UK Ltd Landscape and Urban Design Team dated 08th December 2009. 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 path 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 trees 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 route 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) 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.
7) Prior to the commencement of development on site the mitigation procedures in respect of reptiles as outlined within Kent Highway Services Reptile Survey dated 14 July 2008 shall be undertaken and signed off upon completion by a suitably qualified ecologist. No development shall take place prior to the appropriate mitigation measures having been fully implemented to the satisfaction of the Local Planning Authority. On completion of the route suitable 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).
8) Prior of the commencement of the use of the route, details of the signage including precise locations of each sign, locations of all cycle chicanes, design of access points onto the route, surface finishes and surface water drainage, 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, . The cycle chicanes shall accord with those details illustrated on drawing no. B1070700-LE-052 herein permitted, unless otherwise agreed in writing by 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.
9) Prior to the route coming into use, the Monaro Urban Contemporary form of lighting herein permitted consisting of a maximum average luminance of 10 Lux and minimum of 3 Lux and LED Lamps mounted on lighting columns not exceeding 4 metres in height spaced not less than 17.5 metres apart, 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 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.
10) Prior to the commencement of the use of the route hereby permitted, details of the precise siting, orientation and size of the hurdle screen panels/fencing at those parts of the route elevated above ground level where views may be gained into adjacent properties, shall be submitted to, and agreed in writing and on site with the Local Planning Authority.The hurdle screen panels/fencing shall be as illustrated within Jacobs Engineering UK Ltd Landscape and Urban Design Team Additional Planning Details dated 08th December 2009. 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) Prior to the commencement of use of the route herein permitted, the ditch and its means of discharge to the rear of All Saints Close shall be cleared and restored to working order. Any other ditches or land drainage systems along the route shall also be restored to full working order prior to the route coming into use and all such dirtches or watercourse shall thereafter be maintained in good, workable condition. Reason: To ensure drainage is maintained to this existing drainage outlet and to prevent blockage causing inconvenience to the amenities of the general public.
1) This decision relates specifically to plans/drawings B0710400/WD/007; 'Links to the North Kent Coast' plan (omitting access onto railway platform) dated 09 October 2007; B1070700/LE/030 -1 to 7 Sheets 1 to 7 Revision A dated 15 October 2009; B1070700/LE/040-1 to 3 Sheets 1 to 3 Revision B dated 08 December 2009; B1070700/LE/050-1 dated 15 April 2009; B1070700-LE-052 dated 10 December 2009; Monaro Urban Contemporary Lighting Detail dated 15 October 2009; Connect 2 Crab and Winkle Cycle Way Additional Planning Details dated 15 October 2009 and 08 December 2009 and associated CellWeb Tree Rote Protection System; and, Jacobs Landscape Report, Section 4 Ecology Scoping Survey, Reptile Survey, Bat Activity Survey, Bat Potential Survey, Tree Survey, and Town and Visual Impact Assessment, dated 15 April 2009.
2) 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, C32, NE1 and NE2 of the Local Plan and policies BE1, BE6, C6, CC6, CC8, NRM4, 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|