Five detached dwellings at 2 Lindenthorpe Road, Broadstairs

“The report concerns planning application F/TH/24/0706 for ‘erection of 1No 3bed and 4No 4bed detached dwellings including access, landscaping and associated works following demolition of existing dwelling’.”

“The proposed development on the site at no.2 Lindenthorpe Road included proposed enhancement works to the woodland areas on the site, whilst also the removal of trees. To provide the statutory requirement of 10% net gain when applying the Government's Biodiversity metric, the application proposed the increase from 1.37 area habitat biodiversity units to 1.57, representing a 14.82% increase, to be achieved by taking the retained woodland on site from a ‘poor’ condition to…”

“This application is brought back following the deferral by members at the planning committee meeting on the 15th January 2025 for the application to be approved subject to the receipt of a satisfactory signed legal agreement to secure the significant on-site biodiversity net gain within 6 months, receipt of confirmation of ownership for the submitted Unilateral undertaking for the SAMMs, and safeguarding conditions.”

“At the planning committee meeting on the 15th January 2025, members voted to defer and delegate the application for approval subject to the receipt of a satisfactory signed legal agreement to secure the significant on-site biodiversity net gain within 6 months, receipt of confirmation of ownership for the submitted Unilateral undertaking for the SAMMs, and the safeguarding conditions.”

“Subsequent to the Planning Committee meeting, the applicant submitted a Biodiversity Net Gain (BNG) plan and a Habitat Management and Monitoring plan (HMMP) for the site with the intention of resolving the provision of the statutory BNG prior to the Council issuing a decision. Officers sought the advice of Kent County Council’s Biodiversity team, who advised originally that the on-site enhancements required to provide 10% net gain should be secured by a legal agreement.”

“As outlined with the KCC Biodiversity comment at Annex 3, government guidance details that in securing on site significant BNG, the maintenance of these significant enhancements must be secured with a legal agreement (planning obligation or conservation covenant) or planning condition for 30 years in the same way as off-site gains.”

“It is important to note that the Planning Committee are only considering whether the on-site enhancement works should be secured via the proposed conditions at Annex 1 or through a legal agreement. No material planning considerations have changed since the decision on the application on the 15th January and therefore only the procedural matter of a change in the method of securing the on-site BNG is proposed.”

“Defer the application to officers to secure the on-site BNG via a legal agreement as per the previous motion.”

“No development related works (including demolition) shall take place and no equipment, machinery or materials shall be brought onto the site in connection with the development until an up-to-date tree protection plan and arboricultural method statement produced in accordance with "BS 5837: 2012,"Trees in relation to design, demolition and construction - Recommendations" have been submitted to and approved by the local planning authority and the protection measures fully…”

“Prior to the commencement of development and concurrently the submission of the biodiversity gain plan, the habitat management and monitoring plan, received 17th January 2025, must be reviewed and if necessary updated and submitted to the Local Planning Authority for approval.”

“The Chair proposed and Vice Chair seconded that the officer recommendation to approve be agreed subject to the following conditions:”

“The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 4394/P004 J, 4394/P005 C, 4394/P010, 1-010 Revision P2, 1-030 Revision P1, 2-010 Revision P2, 2-030 Revision P1, 3-010 Revision P2, 3-030 Revision P1, 4-010 Revision P2, 4-030 Revision P1, 5-010 Revision P2 and 5-030 Revision P1.”