Post on 05-Jul-2018
Lafarge Cement UK (4908449)
Gravesham Borough Local Plan Core Strategy Examination
Position Statement Policy CS03
23 Augus t 2013
Gravesham Borough Local Plan Core Strategy Examination
David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
David Lock Associates 20 August 2013
1
SESSION / ISSUE 7: NORTHFLEET EMBANKMENT AND SWANSCOMBE PENINSULA EAST OPPORTUNITY AREA – POLICY CS03 1. This submission is made on behalf of Lafarge Cement UK (now trading as Lafarge
Tarmac). Lafarge Cement UK (LCUK) controls land at the former Northfleet Works
and Swanscombe Peninsula (see plans at appendix one). LCUK also is a partner in
the Ebbsfleet Investment General Partners (EIGP) represented at this examination
by Barton Wilmore Partnership. All comments made here reflect the view of LCUK
alone.
(i) Is the policy and proposals for growth and change in these areas appropriate and justified, including in relation to the NPPF, and in terms of environmental, economic and social impact; including regarding flood risks and European wildlife sites?
2. The NPPF at paragraph 182 defines justified:
Justified – the plan should be the most appropriate strategy, when considered
against the reasonable alternatives, based on proportionate evidence;
3. The identification of Northfleet Embankment and Swanscombe Peninsula as
Opportunity Areas or locations for growth in planning policy is longstanding: the sites
were identified at a strategic level in the REG14 - Thames Gateway Planning Framework RPG9A (1995) as Swanscombe Peninsula and Gravesend Waterfront
development opportunities (paragraphs 6.8.13 and 6.8.14). The sites were further
endorsed for major mixed use developments by the REG-07 Kent and Medway Structure Plan (2006) at policy DG1 and REG-06 the South East Plan (2009) at
policy KTG1 noted the location of major development to exploit regional hubs
including at Ebbsfleet. While these documents no longer have development plan
status, the sites were subject of testing and examination through a public forum and
have a clear and longstanding pedigree.
4. Local Plan policy in Dartford and Gravesham has also supported the redevelopment
of land under the control of LCUK over a long period. Land at Swanscombe
Peninsula has been identified for major development in statutory development plans
since the Dartford Local Plan (adopted 1995) which identified the opportunities
arising from the closure of Swanscombe Cement Works (closed in 1993) and
GRAV01 the Gravesham Borough Local Plan First Review (1994) which identified
the potential for future built development at Policy AP15 and the commercial and
mixed development of land in the western part of Northfleet Works at Policy AP13.
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Position Statement Policy CS03
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Development at Swanscombe Peninsula was also identified in the April 2004
amended second deposit draft Dartford Local Plan as a Major Development Site.
The Gravesham Borough Local Plan Second Review Deposit Version (2000) also
safeguarded land at Swanscombe Peninsula for possible new development and
identified land at Northfleet Works as a major development site (policy MDS3).
5. The Adopted Dartford Core Strategy (2011) identifies Swanscombe Peninsula as part
of the Thames Waterfront – one of three priority areas that are to be a focus for
development. Policy CS6 Thames Waterfront identify the site as a development site
suited for residential, employment, leisure, infrastructure and nature conservation
activities, amongst other things. Black Duck Marsh is particularly identified as an
area of nature conservation interest, and the potential for a relief road linking into
Gravesham Borough in the east is identified as a possibility subject to further
assessment.
6. The former Northfleet Works also benefits from a number of planning permissions
that are consistent with the approach of Policy CS02:
• A Bulk Powder Import Terminal (planning permission GR/20050561) has been
constructed in the east part of the works site handling bulk powders imported
across 42 Wharf. Planning permission exists to further extend this Bulk
Powder Import Terminal to handle up to 1 million tonnes of bulk powders per
annum.
• Kent County Council granted planning permission for a bulk aggregate import
terminal which will be located in the east of the site next to the cement import
terminal (reference GR/2009/286) and served by 42 Wharf handling up to
three million tonnes of aggregates per year. This permission permitted the
reinstatement of the rail link to the site via Northfleet sidings and Church Path
Pit to serve the terminal and encourage the rail distribution of aggregates. In
addition to ship unloading facilities and an enclosed area for storing
aggregates, an ancillary ready-mixed concrete plant is also permitted. The rail
link onto the Northfleet Works site has been reinstated under this planning
permission.
• Gravesham Borough Council has resolved it is minded to permit an outline
planning application (reference 20090238) subject to s106 (currently under
negotiation) for mixed use development (the MUD proposal) comprising two
main components:
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Position Statement Policy CS03
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• New employment provision will be made in the form of offices,
warehouses and industrial units to provide over 1500 jobs.
Employment development will be located on the main works site and
also in Church Path Pit and Vineyard Pit.
• Up to 532 new homes are proposed in a new riverside neighbourhood
linking the existing Northfleet community to the riverfront and providing
a mix of supporting facilities including new shops, riverside pubs and
restaurants, a community centre, a health centre and open spaces
including a new riverside promenade, a heritage park including
retained tunnels, wildlife corridors, equipped play areas and a playing
field for shared public/school use (the area subject of this application).
A new Fastrack bus rapid transit link will be accommodated across the
works site and highway improvements will be made at Grove Road
and the Shore. A range of houses and flats will be provided including
affordable housing. Land at the waterfront will be raised to protect new
homes from flood risk.
• Kent County Council has granted temporary planning permission for a
tunnelling logistics facility for the receiving, handling, processing and
transhipment of excavated Crossrail material and ancillary uses (reference
GR/10/1127). Subsequent non material amendments have been permitted
including the increase in height of the permitted stockpiles (reference
KCC/GR/0055/2013 (GR/10/1127/RVAR)). These permissions are for a
period ending in 2016. The Crossrail tunnelling logistics facility is located
on land also subject to the Bulk Aggregate Import Terminal and Mixed Use
Development proposals, and is on site and fully operational at the present
time. The Crossrail tunnel material arrives by rail , and is then taken from
the site by ship to Wallasea Island in Essex as part of a habitat creation
scheme. Crossrail material will provide the primary source for the land raise
subject to this application.
7. Further permissions also exist at Northfleet Works for the relocation of the Grade II
listed war memorial, and for a Port of London Authority communications mast.
Further live planning applications are also under consideration by Gravesham
Borough Council for land raising to facilitate a shared school and public playing field
as part of the Mixed Use Development Proposals (reference 20130669), and by Kent
County Council for land raising in Church Path Pit and temporary storage of Crossrail
tunnel arisings (reference KCC/GR/0240/2013).
Gravesham Borough Local Plan Core Strategy Examination
David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
8. There has therefore been significant activity during the last few years during and
following the demolition of Northfleet Works completed in December 2010 and
significant tangible progress towards the redevelopment of this important riverside
site. Appendix 2 contains a plan showing the location of the various planning
applications and permissions. The planning applications have been supported by
extensive technical evidence including Environmental Assessment of the Bulk
Aggregates Import Terminal and Mixed Use Development demonstrating the
suitability of the site for development, and providing a comprehensive and detailed
assessment of the likely significant social, environmental and economic effects which
are overwhelmingly positive.
Figure One – Table 16.2 extracted from the Environmental Statement submitted in support of
the Mixed Use Development application reference 20090238
9. Swanscombe Peninsula and the former Northfleet Works therefore have a high
degree of policy support and have been subject to scrutiny under previous local plan
and core strategy examinations and continue to be identified under draft policy CS03
and its supporting evidence base. It is worth noting that among the representations
submitted in response to this draft policy there is a significant degree of support for
the principle of development of this Opportunity Area, and little in the way of
objection.
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Gravesham Borough Local Plan Core Strategy Examination
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Position Statement Policy CS03
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10. Northfleet Works also benefits from approved and advanced planning applications
that demonstrate the suitability of the site for future development and the constructive
approach of LCUK.
Environmental, Economic and Social Impacts
11. The environmental, economic and social impacts of the opportunity area are
addressed in the evidence base to the Local Plan. SCS-13 Appendix V of the SA SEA assesses policy CS03 against the SA objectives and summarises the findings:
Overall this policy will have significant positive effects for communities, the economy
and housing. Through regenerating the Northfleet Embankment and Swanscombe
Peninsula there are excellent opportunities to enhance the wellbeing of local
residents. The policy (including its preamble) recognises these opportunities and
seeks to maximise community benefit from redevelopment in the area. Other positive
effects for health, landscape and sustainable design have been identified, and the
focus on green infrastructure has helped to raise the scores in these areas.
There is some uncertainty around a number of the SA objectives as effects will be
dependent on the implementation of individual proposals. Water and flooding are 2
areas which will need further consideration as developments are planned in further
detail.
12. There will always be areas of uncertainty where detailed site planning and
assessment will be needed to provide evidence on a particular aspect of a
development and its likely effects. The experience of LCUK at Northfleet Works as
demonstrated in figure one above is that the sustainability issues that require further
consideration can be satisfactorily and positively addressed in order to avoid likely
adverse effects and maximise likely positive effects.
Flood Risk
13. NPPF paragraph 102 is clear that if following the application of the sequential test it
is not possible, consistent with wider sustainability objectives, for development to be
located in zones with a lower probability of flooding, the exception test can be applied
where it must be demonstrated that wider sustainability benefits to the community
accrue, informed by a Strategic Flood Risk Assessment, and a site-specific flood risk
assessment.
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Position Statement Policy CS03
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14. The riverside nature of the opportunity area is a longstanding and well understood
issue that has been addressed in previous allocations of land for development
including Swanscombe Peninsula and Northfleet Embankment and planning
application decisions (including the Northfleet Works Mixed Use Development
Proposals (20090238)). An ‘Interim Guidance Note: PPS25 and Development In The
Thames Tidal Flood Plain Of The Thames Gateway 2008’ (appendix three) was
prepared by the Environment Agency which recognised the exceptional need for the
sites as part of the then Thames Gateway Delivery Plan (REG13). This exceptional
need was seen as fulfilling the sequential test, and further guidance for other detailed
testing including an exception test consistent with then current guidance in Planning
Policy Statement 25: Development and Flood Risk was required. Northfleet
Embankment and Swanscombe Peninsula is identified in REG 13 at Appendix One
as:
Kent Thameside Waterfront Development – Kent Thameside Delivery Board
Mixed-use development along the 9 mile stretch of waterfront of the Dartford and
Gravesham boroughs: the programme includes Northfleet Embankment, the Bridge,
Ingress Park, Swanscombe Peninsula and the Gravesham Canal Basin, each
providing a mixture of housing, commercial space, quality public realm and public
transport.
15. In the case of flooding the Northfleet Works Mixed Use Development Proposals
(20090238) are supported by a comprehensive flood risk assessment which
addressed sequential and exception tests in greater detail. Suitable mitigation in
terms of land raising areas proposed for residential development, new river walls and
providing supporting measures such as flood evacuation plans provides an
appropriate response to flood risk. The development of Northfleet Cement Works is
identified on page 163 of NAT-03 Thames Estuary 2100 as: ‘an example of a
scheme in this action zone where a collaborative approach with the owners and
developers could achieve good results in terms of factoring flood risk into the
development at an early stage.’
16. It is therefore considered that the uncertainties alluded to in the SA/SEA can and will
be satisfactorily addressed in detailed master planning and assessment. Flood risk
should not therefore be an impediment to the continuing identification of the
Northfleet Embankment and Swanscombe Peninsula East Opportunity Area.
Gravesham Borough Local Plan Core Strategy Examination
David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
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European Wildlife Sites
17. SCS12 The Habitats Regulations Assessment Appendix III suggests some
uncertainty with regard to the likely effect of this opportunity area on the Special Area
for Conservation (SAC) which lies to the east of Gravesend. No significant direct
effects are identified but potentially in-combination effects on the SAC might occur
with other development in the area through increased atmospheric pollution,
increased recreational activity and increased levels of abstraction and discharge/
surface water run-off. This is an ongoing issue for the Local Plan Core Strategy that
affects all opportunity areas. It should however be noted that the Environmental
Assessments submitted in support of the Northfleet Works Mixed Use Development
and Bulk Aggregates Import Terminal planning applications scoped out any likely
significant effect of the development on the Special Area for Conservation.
18. In terms of local wildlife issues at Swanscombe Peninsula the comments of Kent
Wildlife Trust are noted. A Statement of Common Ground has been circulated to
Gravesham Borough Council with the intention that this will be signed by LCUK, Kent
Wildlife Trust and Gravesham Borough Council to ensure that full account is taken of
the biodiversity in the master planning of development at Swanscombe Peninsula. A
similar arrangement was entered into as part of the examination of the Dartford Core
Strategy.
(ii) Are they (the policy and proposals) clear and deliverable, including in respect of the associated transport and other infrastructure requirements?
19. Land at Northfleet Works is clearly deliverable. As set out above, a number of
planning permissions are in place or are well advanced with a resolution to grant. On
the ground momentum has been achieved including the delivery of the Bulk Powders
Import Terminal, the demolition of the former Cement Works, and the permanent
reinstatement of the rail link as part of the Crossrail tunnelling logistics facility
temporary use. Future proposals have appropriate transport and other infrastructure
measures agreed in principle and incorporated into s106 agreements.
20. Development at Swanscombe Peninsula East will be a longer term opportunity and
will be most likely to come forward alongside and as part of wider development
proposals on the wider Swanscombe Peninsula site within Dartford Borough. Any
such proposals would include comprehensive supporting infrastructure. Initial
proposals for infrastructure in the south west of the Swanscombe Peninsula site in
Dartford Borough are already subject of planning permissions in terms of a Fastrack
bus link into Ingress Park. While this is outside of Gravesham Borough, it does
Gravesham Borough Local Plan Core Strategy Examination
David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
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demonstrate the progress that is being made towards the delivery of growth
supported by new infrastructure on the wider Swanscombe Peninsula.
Supplementary Items
21. LCUK remains in dialogue regarding some detailed outstanding issues related to this
policy area. This includes the annotation on Figure 6 relating to the extension and
improvement to the Hive Local Centre. A copy of the Development Framework Plan
for the Northfleet Works Mixed Use Development (20090238) is attached as
Appendix Four. This plan subject of a resolution to grant planning permission
proposes mixed use development on land to the east of Hive Lane, and is the basis
for our questioning of the detail of Figure 6. LCUK has no objection to the
improvement to the Hive Local Centre, but suggest that the annotation be re-
positioned or revised to more fully reflects emerging proposals on land under LCUK
control.
22. Furthermore, the small ‘island’ of existing employment at the corner of College Road
and Grove Road in Figure 6, part of which is controlled by LCUK, contrasts with the
proposed residential uses to the north, east, south and west and the aspirations to
improve Robin’s Creek. No reason has been offered why the possible residential
reuse of this cluster of employment uses might not be considered.
23. LCUK continue to object to the discrepancy between the gross internal floorspace
subject of a resolution to grant under Northfleet Works Mixed Use Development
(20090238) and the amount quoted at paragraph 4.4.12. While the additional text is
a move in the right direction, the fact is that the mix of employment uses and the
associated net to gross ratio is not known, and LCUK remain concerned that the
continuing reference to the manner in which the Economy and Employment
Background Paper assessed the site might have some as yet unknown but adverse
implication in the future in capping floorspace. Paragraph 4.4.12 should simply
identify the gross floorspace permitted, and will be no less sound as a result.
24. Finally, it is maintained that the identification of development potential around Robin’s
Creek should form part of the aspiration to improve and enhance Robin’s Creek.
Land under LCUK control around Robin’s Creek will play a vital role in any scheme
and a range of potential uses might form an important ingredient of regeneration
proposals. The plan should identify the land as part of this scheme to be subject of
future investigation as part of a master planning exercise.
Gravesham Borough Local Plan Core Strategy Examination
David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
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APPENDIX ONE LAFARGE CEMENT UK LAND CONTROL Northfleet Works Swanscombe Peninsula
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DAVID LOCK ASSOCIATES LIMITED50 NORTH THIRTEENTH STREET, CENTRAL MILTON KEYNES, MK9 3BPTEL : 01908 666276 FAX : 01908 605747 EMAIL : mail@davidlock.comwww.davidlock.com
ADWDrawn Designed Drawing Number
LAF001/021Checked Approved
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15/02/2013
Reproduced by permission of Ordnance Survey on behalf of HMSO.É Crown copyright and database right
All rights reserved.Ordnance Survey Licence number 100022533
PDC M
Northfleet WorksLafarge Cement UK Land Ownership
2012
Do NOT scale from this drawing.All dimensions are to be checked on site and any discrepancies should be
immediately reported to the originator of the drawing.All information is copyright protected and may not be used or reproduced
without prior permission.
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David Lock Associates on behalf of Lafarge Cement UK (4908449)
Position Statement Policy CS03
David Lock Associates 20 August 2013
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APPENDIX TWO Location of planning permissions at Northfleet Works
*
Lafarge Cement UK Land Ownership
Mixed Use Development (application reference 20090238)
Crossrail Temporary Tunnelling Logistics Facility (application reference GR/10/1127)
Bulk Aggregates Import Terminal (application reference GR/2009/286)
Bulk Powders Import Terminal (application reference 20050561)
Lawn Road Playing Field Land Raise (application reference 20130669)
Church Path Pit Development Platform and Stockpile (application reference KCC/GR/0240/2013)
Tunnel Road Access
Grove Road Access
Crete Hall Road Access
Church Path Pit Emergency Access
Listed Building Consent for Relocation of War Memorial (application reference 20100612)
Port of London Authority Mast Relocation (application reference 20090385)
Reinstated Rail Link
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42 Wharf
Vineyard Pit
Church Path Pit
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EbbsfleetInternational Station
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P L A N N I N G A P P L I C A T I O N S
Note:
General location of proposals shown only. For full red line boundaries see submitted application documents.
Gravesham Borough Local Plan Core Strategy Examination
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APPENDIX THREE Interim guidance note: PPS25 and development in the Thames tidal flood plain of the Thames Gateway 2008
Interim guidance note: PPS25 and development in the Thames tidal flood plain of the Thames Gateway
05th November 2008 General principles for development that is:
• in the Thames tidal floodplain, and, • protected by the Thames tidal defences covered by the Thames Estuary
2100 strategy, and, • in the Thames Gateway regeneration area.
1. The Sequential Test and Exceptions Tests parts ‘a’ and ‘b’ shall be considered adequately demonstrated for all development sites on previously developed land that have been identified by CLG as forming part of the programme to meet the outcomes set out in the Thames Gateway Delivery Plan ; the case highlighting the exceptional need for development of these sites having already been made by Government in the Sustainable Communities Plan and its successors.
Note: In the case of any question as to whether a particular site forms part of
the Thames Gateway Programme, Planning Liaison teams should consult the Thames Gateway Sustainable Development Team who will have access to a CLG database of Thames Gateway delivery sites.
Evidence to be supplied with any application for these sites: Evidence that the site has been identified by CLG as forming part of the Thames Gateway regeneration programme will suffice for the sequential test and parts ‘a’ and ‘b’ of the exception test based on the attached template. Area Planning Liaison teams should advise all relevant planning bodies of the template and seek to ensure the completed sequential test and exception test is submitted for all appropriate planning applications in the format indicated.
2. For other sites within the Gateway not identified by CLG, and/or, on greenfield
land, a site specific sequential test should be undertaken until the Local Development Framework (LDF) has been sequentially tested. This sequential test can use the Thames Gateway regeneration area within the LA boundary as the area of search, or any other appropriate area as defined by the planning body.
Evidence to be supplied with any application for these sites: A site specific sequential test. The Government’s sustainable development objectives for the Thames Gateway detailed in the Thames Gateway delivery plan are acceptable as evidence to support the sequential and exception tests for development in higher risk areas as required by PPS25. If the development is on a greenfield site then to pass part ‘b’ of the exception test the applicant would have to supply further information to demonstrate there was no reasonably available developable previously developed land.
( Note: The Environment Agency has published a guidance document on how to prepare a sequential test for individual sites)
3. Part ‘c’ of the exception test - demonstrating that a development is safe.
Even in areas benefiting from a high standard of protection (> or = 1 in 200 for breach and overtopping) there will always remain a requirement to reduce the risk to life through the design and layout of development, and through the provision of emergency warning or planning. Evidence to be supplied with any application for sites in higher risk areas (FZ2&3): A site specific flood risk assessment demonstrating the risks from all sources of flooding and any mitigation proposed to reduce those risks. For the assessment of the risk (in the defended tidal floodplain) the following assumptions can be made:
a. Where the TE2100 policy (proposed or agreed) is for continued
maintenance of defences - for the assessment of likelihood of a defence failure for an FRA it can be reasonably assumed that the tidal flood defences on the Thames and Medway Estuaries will be maintained over the next 100 years. This view conforms to PPS25 paragraph 21.
b. Where the TE2100 policy is to sustain the level of defences in line with
climate change – for the assessment of likelihood defence overtopping for an FRA, it can be reasonably assumed that the flood defences on Thames and Medway Estuaries will be maintained and raised over the next 100 years in line with climate change.
c. Whereas new developments must reduce risk to life in event of a flood,
the reduction in risk provided by the existing flood defence infrastructure should be taken into consideration when identifying suitable design measures to reduce risk to property.
Note:
• This guidance relates to the management of tidal flood risk in the Thames Gateway only. There may be requirements to manage fluvial or pluvial (surface water) flood risk as indicated under PPS25.
• This is interim guidance which will be superseded when the relevant
planning authority has in place an adopted local development framework supported by a sequential test and sustainability appraisal
Gravesham Borough Local Plan Core Strategy Examination
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Position Statement Policy CS03
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APPENDIX FOUR Northfleet Works Mixed Use Development Framework Plan