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Decision details

Renewal of planning permission WD/772/CM for depositing of lake silt on land previously used as lagoons. Bayham Lake estate, nr Lamberhurst, Tunbridge Wells, Kent TN4 8BG - WD/816/CM

Decision Maker: Planning Committee

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

Renewal of planning permission WD/772/CM for depositing of lake silt on land previously used as lagoons.  Bayham Lake estate, nr Lamberhurst, Tunbridge Wells, Kent TN4 8BG

Decisions:

4.1       The Committee considered a report by the Director of Communities, Economy and Transport. 

 

4.2       Members have considered the officer’s report and agree with the conclusions and reasons for recommendation as set out in paragraph 3 of the report.

 

4.3       RESOLVED unanimously to grant planning permission subject to the following conditions:

 

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

           

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

 

2.         The development hereby permitted shall be carried out in accordance with the drawings and documents listed in the Schedule of Approved Plans.

           

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

 

3.         Prior to the commencement of the development hereby permitted a Programme of Works shall be submitted to and approved by the Director of Communities, Economy and Transport and shall include full details of the proposed operations including:

            - Method for silt removal and deposit;

- Any ground and surface preparation necessary to accommodate the operations;

            - Timescale of works;

- Access arrangements and provisions for the management of construction traffic;

            - Type and location of proposed equipment; and

            - Location of underground services.

           

The development shall be carried out in accordance with the approved Programme of Works, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

           

Reason: To safeguard the amenity of the locality in accordance with Policies WMP23b and WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved  Policy EN27 of the Wealden Local Plan 1998.

 

4.         No works to the trees and vegetation shall take place until an arboricultural report has been submitted to, and approved in writing by, the Director of Communities, Economy and Transport to confirm the precise nature and scope of works to the trees and vegetation, together with arrangements for the protection of trees and the management of any waste arising from these works. This shall ensure that the mature trees and those identified as supporting bat roosts or having bat roost potential should be retained and protected in accordance with BS5837:2012 Trees in Relation to Design, Demolition and Construction. The approved works shall be implemented in full and the tree protection arrangements remain in place for the duration of the works, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

           

Reason: To ensure the appropriate management of the site in the interests of safeguarding wildlife and visual amenity  and to comply with Policies WMP25 and WMP27a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policies EN6, EN23, EN12 and EN13 of the Wealden Local Plan 1998.

 

5.         The deposit of the lake silt hereby permitted shall not commence until a scheme of management for the trees to be retained as identified in the arboricultural report subject of Condition 4, has been submitted to and approved in writing by the Director of Communities, Economy and Transport. The scheme shall include how the trees and vegetation will be managed on completion of the deposition works and a timetable for implementation. The approved scheme shall be implemented in full unless otherwise agreed in writing by the Director of Communities, Economy and Transport. 

           

Reason: To secure the appropriate landscaping at the site and to integrate the development effectively into the surrounding environment, to comply with Policy WMP27a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policies EN6, EN23, EN12 and EN13 of the Wealden Local Plan 1998.

 

6.         No development shall take place within the application site until a written scheme of investigation and programme of implementation of archaeological work has been submitted to and approved in writing by the Director of Communities, Economy and Transport. The development shall be carried out in accordance with the approved scheme which shall be implemented in full, unless otherwise agreed in writing by the Director of Communities, Economy and Transport.

           

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded in accordance with Saved Policies EN24, EN25 and EN26 of the Wealden Local Plan 1998.

 

7.         Within 3 months of completion of the archaeological investigation as identified in the Written Scheme of Investigation under Condition 6, a written record of all archaeological works undertaken shall be submitted to and approved in writing by the Director of Communities, Economy & Transport.

           

Reason: To ensure that the archaeological and historical interest of the site is safeguarded and recorded in accordance with Saved Policies EN24, EN25 and EN26 of the Wealden Local Plan 1998.

 

8.         No removal of hedgerows, trees or habitats shall take place between 01 March and 31 August inclusive, unless a competent ecologist has undertaken a careful, detailed survey of vegetation for active birds' nests. The survey shall be carried out immediately before the vegetation is cleared and written evidence shall be provided to confirm that no birds shall be harmed or that there are appropriate measures in place to protect nesting bird interest on the site. Any such written evidence shall be submitted to and approved in writing by the Director of Communities, Economy and Transport prior to any removal of vegetation.

           

Reason: To ensure that breeding birds are protected from harm during construction period in accordance with Section 1 of the Wildlife and Countryside Act 1981 as amended.

 

9.         All ecological works and measures shall be carried out in full in accordance with the details contained in the approved Ecological Update and Enhancement Plan (dated 9 April 2019).

           

Reason: In the interests of protecting the biodiversity of the development site in accordance with the provisions in the NPPF.

                       

            INFORMATIVES

 

1.         All reasonable steps shall be taken to ensure that any vehicles associated with the development leaving the site are in such condition as to not emit dust or deposit mud, or other debris on the highway.

           

Reason: In the interests of highway safety and the amenity of the locality, in accordance with Policies WMP25 and WMP26 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policy EN27 of the Wealden Local Plan 1998.

 

2.         The Applicant's attention is drawn to the provisions of The Wildlife and Countryside Act 1981 (as amended) particularly with regard to the protection of bats and nesting birds, which may be affected during the proposed operations.

 

Schedule of Approved Plans

 

Ecological Statement 09 December 2015, Proposed De-silting Activities Plan - 2656 55 revD 02/16, Site Plan - 14/00/249 May 2015 Dwg No. 4, Heritage Statement Feb 15, Supporting Statement, Ecological Update & Enhancement Plan 09 April 2019

 

 

Report author: Rupert Clubb

Publication date: 04/07/2019

Date of decision: 15/05/2019

Decided at meeting: 15/05/2019 - Planning Committee

Accompanying Documents: