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PLANNING APPLICATIONS FOR 1 JULY 2009 Page no. 1 MC2009/0077 Peninsula Construction of 39 caravan bases with balconies & associated car standing; new road layout; river walk & landscaping Allhallows Holiday Park, Avery Way, Allhallows-on-Sea, Rochester, Kent 3 2 MC2009/0005 Strood North Construction of a three storey block comprising twelve 2-bedroomed flats with associated parking and cycle storage Land adjacent to Walmer House Cypress Court Wainscott Rochester ME2 4PZ 18 3 MC2009/0299 Hempstead & Wigmore Construction of a part two part single storey rear extension, single storey side extension and insertion of first floor window to existing side elevation 18 Marquis Drive Hempstead Gillingham ME7 3DR 30 4 MC2009/0558 Luton & Wayfield Construction of a block of five 2-bedroomed flats with associated works and parking area Land between 243 and 245 Magpie Hall Road Chatham ME4 5JB 36 5 MC2009/0479 Strood Rural Revised application for approval of part of Phase 1 reserved matters [siting, design, external appearance & landscaping] pursuant to outline permission MC2005/0671 (as amended by MC2007/0032) for proposed replacement of units 46-50 & 58 with 12 No. units Land to the West of Eastern by-pass A228/A289 [north side of Hoo Road] Wainscott, Rochester, Kent. 44 6 MC2009/0522 River Change of use to highway land to facilitate the proposed construction of new highway and demolition of residential properties along with associated engineering and landscaping works Land to the North of the Brook and land to the East of Union Street Junction Chatham 53 7 MC2009/0682 Chatham Central Demolition of existing buildings and construction of three 2-bedroomed terraced houses with associated parking spaces Land Rear of 43 and 44 Chalk Pit Hill Chatham ME4 5SU 67 8 MC2009/0496 Peninsula Construction of single storey rear extension to facilitate use of existing hardware store as tea and coffee house and relocation of hardware store to rear, new shopfront and 1.8m high access gates and railings to side boundary (demolition of detached store and office) 25 Church Street Hoo ST Werburgh Rochester ME3 9AH 77

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Page No. 9 MC2008/2007 Strood South Outline application for the replacement of previous derelict factory buildings and offices with up to 13,000 sq m of floorspace in new buildings for general industry (B2) with ancillary storage and distribution (B8) and ancillary offices (B1) together with up to 3,150 sq m of floorspace in buildings for trade counter/wholesale trade and distribution use (B8) and construction of new vehicular and pedestrian access, roads, yards and car parking, provision of new or replacement site drainage and services and provision of a bus shelter and hard and soft landscaping and signage on the Priory Road frontage Former Alloys Wheels International Ltd Priory Road Strood Rochester ME2 2BE 82 BACKGROUND PAPERS The relevant background papers relating to the individual applications comprise: the applications and all supporting documentation submitted therewith; and items identified in any Relevant History and Information section and Representations section with a report. Any information referred to is available for inspection in the Planning Offices of the Council at Gun Wharf, Dock Road, Chatham.

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1 MC2009/0077

Date Received: 29th December 2008

Location: Allhallows Holiday Park, Avery Way, Allhallows-on-Sea, Rochester,

Kent Proposal: Construction of 39 caravan bases with balconies & associated car

standing; new road layout; river walk & landscaping Applicant: Bourne Leisure Limited C/O Agent Agent: Mr I Rhind Nathaniel Lichfield and Partners 14 Regent's Wharf All

Saints Street London N1 9RL Ward: Peninsula Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval subject to:-

A. The applicant varying the existing Section 52 Agreement that accompanies planning permission reference ME/88/0128 to secure:

(i) The remaining open space within the holiday park, as identified in the

Planning Statement, Appendix 2 (Area A3, that part of Area B which remains unaffected by the proposed development. Areas C1, C2, D, E, F and G) being protected as open space ensuring:

a) access by both visitors to the area and the local population;

b) restricting further Development in those areas without the express written consent of the Local Planning Authority; and

c) The submission of a appropriate maintenance programme and d) implementation timetable related to the open spaces referred to above

(ii) A contribution of £2,178 towards training and workforce development.

B. The imposition of the following:- 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2 In relation to the bases and balconies herein approved, the use of any caravan unit

located on these bases shall be for the purpose of self catering tourist accommodation only and shall not be occupied for a period any longer than 10 consecutive days during the months of December, January and February in any year or by any one person (inculding their dependants and/or relatives) for any period longer than 60 consecutive days during any other time of the year.

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3 Caravans shall be sited only in the positions of the bases shown on drawing

numbers 04 revision A and 05 revision A received on 29 December 2008. 4 Notwithstanding the submitted documents, no development shall take place until

full details of the hard and soft landscape works and any artefacts to be located within any publicly accessible space within the entire holiday park have been submitted to and approved in writing by the Local Planning Authority. These details shall include interpretation boards, seating, refuse recepticles, planters, tree grilles, any other decorative feature(s), decking, paving and hardstanding materials; planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment) schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and implementation programme. The landscape works shall be implemented in accordance with the approved details prior to the first occupation of any caravan unit located on any of the bases herein approved and shall be retained thereafter.

5 No development shall commence until a landscape maintenance plan in respect of

those details approved pursuant to condition 4 of this planning permission has been submitted to and approved in writing by the Local Planning Authority. The landscape maintenance plan shall include a schedule for a minimum period of five years and details of the arrangements for its implementation. Development shall be carried out in accordance with the approved landscape maintenance plan.

6 No development shall commence until details of all external lighting including the

lighting of the river walk shall be submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include the exact position, colour, intensity and spillage. External lighting shall be installed in accordance with the approved details prior to the occupation of any caravan unit to be located on any of the bases herein approved and shall thereafter be retained unless any variation is otherwise approved in writing by the Local Planning Authority.

7 No development shall commence until, details of the design and timetable for the

provision of the river walk have been submitted to and approved in writing by the Local Planning Authority. The design for the river walk shall, at a minimum meet the standard required by the National Cycle Network. The details to be submitted in pursuance of the requirements of this Condition shall include:

i) adequate width for the shared use by pedestrian and cyclists; ii) surfacing materials, including tactile paving; iii) maximum long and cross-fall gradients to ensure facilities are able to be used by people with mobility difficulties; iv) signing, lighting, seating and street furniture design; and v) edge protection barriers/railings.

The riverside walk shall be constructed and be made available for use in

accordance with the approved details prior to the first occupation of any caravan unit to be located on any of the bases herein approved and shall thereafter be retained.

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8 The general public shall be afforded access to the riverside walk at all times except in an emergency or where the area has to be closed for public safety or maintenance reasons.

9 No caravan unit to be located on any of the bases herein approved shall be

occupied until the area shown on the plan (drawing numbers 04 revision A and 05 revision received on 29 December 2008) for access and parking purposes has been drained and surfaced in accordance with details submitted to and approved in writing by the Local Planning Authority. That area shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to the reserved parking spaces.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report.

Site Description The application refers to a site located within the site boundaries of Allhallows Holiday Park. The site comprises static caravans, chalets, an entertainment complex, open space, golf course and yacht club. To the northern edge of the holiday park there is a public right of way. The holiday park is located to the north of the village of Allhallows. To the south of the park is Slough Fort, a seven gun Royal Commission fort built in 1860s and currently used as a riding school stables and a scout hut. To the northeast of the application site itself there is a road, grass verge and the River Medway. To the west of the site is the entertainment complex, which serves the holiday park. To the south there is a roadway with static caravans beyond and to the east there are more static caravans and chalets. The holiday park is outside of the village envelope as defined by the adopted development plan proposals map and therefore falls within the countryside. The land is not identified as being of any particular importance in terms of aesthetic or ecological value but is adjacent to the Kent Downs Area of Outstanding Natural Beauty (AONB) and the North Kent Marshes Special Landscape Area (SLA) which is located to the north, east and west of the application site. In addition, the area to the north falls within the South Thames Marshes Site of Special Scientific Interest (SSSI) and the Thames Estuary Marshes Special Protection Area (SPA). Although part of the leisure park falls within the tidal flood zone, the application site itself does not. Proposal Construction of 39 caravan bases with balconies & associated car parking; new road layout; river walk & landscaping

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The proposal shows the creation of 39 caravan bases to accommodate two different sized units. The two sizes, and the number of each to be provided are as follows: 27 No. 12 x 4.5m fully serviced base with balcony 12 No. 12 x 5m fully service base with balcony The larger bases would be provided along the northern end of the application site facing the river. The remaining 27 smaller bases would be provided to the south. All bases would be arranged in small rows of approx. 4 to 7. A parking space would also be provided at 1 per base. 10 further parking spaces (of which 2 would be for disabled parking) would be included to the eastern side of the reception area. The existing road to the eastern side of the site would remain to provide access to the chalets and The Waterfront area but would be terminate at the point where it meets The Waterfront units. The road along the northern edge of the site would be removed and replaced with landscaping. Access to the river front area and along to the yacht club at the western end of the site would be provided in part by a new road to be located to the east of the reception, moving in a northwesterly direction to meet the existing road located to adjacent to the entertainment complex on its eastern side.

Relevant Planning History Only applications related to the siting or construction of accommodation and facilities have been included as relevant history. Chalets 30 and 45 Allhallows Holiday Estate, Allhallows 77/815 Erection of 10 chalets (7 re-located and 3 new) Approved 28 February 1978 77/815/A Re-siting of three existing chalets Approved 25 July 1980 Allhallows Holiday Park 6/51/191 Use of land for residential camping purposes Approved 11 February 1953 6/51/191/A Continued use of site for residential camping purposes Approved 28 January 1957 6/51/191/B Continued use of site for residential caravan camping purposes. No history of a decision 6/59/376 Use of land for holiday camping recreational and ancillary purposes and

erection of buildings and other structures in connection therewith Refused 29 April 1960 6/61/442 Development of existing caravan site 6/68/53 Stationing of residential caravan Refused 28 June 1968

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6/69/214 Four existing caravan sites for residential sites for staff occupation Approved 27 August 1969 6/69/215 Use of land as compound for caravan storage Approved 1 October 1969 6/69/216 Temporary use of land for storage of caravans Approved 28 August 1969 6/69/286 Formation of car park Approved 30 October 1969 6/69/291 Use of land for stationing of caravan Refused 29 January 1970 6/70/133 Use of land as grassed car parking area together with two new access

roads. Approved 22 July 1970 6/71/369 Use of land for storage of caravans Approved 21 October 1971 6/72/114 Erection of 149 holiday chalets Approved 04 July 1972 6/72/114/A Erection of 34 holiday chalets Approved 10 October 1973 6/73/630 Construction of 54 beach huts together with toilet block to serve beach

huts only. Refused 17 January 1974 82/771 Outline permission for a holiday caravan park, including the provision of

16 twin unit residential caravans for wardens and the phased development of a central entertainments complex.

Approved 18 February 1983 82/771/A Phase one of proposed leisure centre Approved 17 October 1983 82/771/B Details pursuant to outline for phase one of proposed leisure centre

(Revised Scheme) Approved 8 March 1984 82/771/C Details pursuant to condition (VIII) (development of caravan site) of

outline planning permission No history of a decision 82/771/D Details of the development of the caravan site pursuant to condition (VIII)

of the outline planning permission for the formation of a holiday caravan park

Approved 26 February 1986

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82/771/E Details pursuant to outline for phase 3 of proposed leisure centre (family

room and amusements) Approved 29 July 1986 82/771/F Details of siting of caravans pursuant to outline approval ME/82/771 No history of a decision 86/1184 Proposed siting of static holiday caravans. Refused 15 April 1987 88/128 Proposed relocation of 44 caravans due to the re-allocation of

landscaped areas. Approved with Section 52 Agreement, 6 February 1989 90/0965 Use of land for the siting of holiday caravans Refused 21 July 1992 92/0716/LDC2 Application for a certificate of lawfulness for use of land for the siting of

holiday chalets. Not Lawful, 20 August 1993 94/0427 Use of land for the siting of caravans No history of a decision 94/0429/LDC14 Application for certificate of lawful development for use of land for

erection of chalet. Lawful, 14 August 1996 94/0884 Alterations and improvements to site entrance Approved 6 February 1995 95/0519 Proposed indoor swimming pool with link/extensions to existing

entertainments building and realignment of private access road. Approved 6 September 1995 MC/98/0551/MR Erection of a tented structure linking existing buildings Approved 8 December 1998 MC2009/0002 An application for the variation of condition (iv) of ME/82/771 (outline

permission for the formation of a holiday caravan park, including provision of 4 twin unit residential caravans for wardens and phased development of a central entertainment complex) to enable occupancy of the existing chalets between 1 February and 31 December each year.

Application currently invalid. Additional information has been sought, but to date not received.

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Representations The application has been advertised on site (3 x notices) and in the press and neighbour notification letters were sent to the owner/occupiers of 1a, 2a and 3a Seafront, 1, 2 and The Waterfront, 1, 2, and 3 The Paddock and 1, 2, 3, 4, 5, 6 and 7 Fortside. The Chalet Owners Association have also been consulted. Issues that are not covered by planning legislation will not be considered in this report. Kent Police have written to advise that they will not be providing comments in relation to the application. Allhallows Parish Council has written to object to the planning application. The following concerns/issues are raised: The blue ownership line is incorrect Risk to life from vehicles Access to the beach would be restricted to pedestrian access and no vehicle access

for disabled people Loss of green space The proposal would reduce out chalet lets

Letters of objection have received from 8 neighbours. This total includes the letter sent by the individual who also included a petition of 19 signatures objecting to the proposal. Some individuals have sent numerous letters. All concerns raised related to planning matters are listed below: Loss of recreation space Loss of parking Highway safety – pedestrian/vehicle conflict Increased volumes of traffic Increased crime Loss of countryside Impact on the environment Timing of the submission of the application Notification of the application

In terms of the timing of the submission of the application, the Local Planning Authority cannot control when an application is submitted. If the Local Planning Authority receives a valid application, it is obliged to consider the application. The application was publicised as set out above and given the time taken for the application to be submitted to the Development Control Committee, the Local Planning Authority considers there to have been ample time for interested parties to make representations. National Policy

PPS7 Sustainable Developments in Rural Areas

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Development Plan Policies South East Plan 2009 Policy T4 Parking Policy C4 Landscape and Countryside Management

Policy C6 Countryside Access and Rights of Way Management Policy C7 The River Thames Corridor Policy BE1 Management of the Urban Renaissance Policy BE5 Village Management Policy TSR2 Rural Tourism Policy TSR5 Tourist Accommodation Policy TS7 Priority Areas for Tourism Kent and Medway Structure Plan 2006

Policy SS8 (Development in the Countryside) Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm) Policy QL17 (Green-Space Networks and Rights of Way) Policy EN1 (Protecting Kent’s Countryside) Policy EN9 (Trees, Woodland and Hedgerows) Policy EN12 (River Corridors) Policy EP12 (Tourist Accommodation) Policy TP19 (Vehicle Parking Standards) Policy IM1 (Meeting the Costs of Community and Other Infrastructure Needs

Generated by New Development) Medway Local Plan 2003

Policy S6 (Planning Obligations) Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE6 (Landscape Design) Policy BNE7 (Access for All) Policy BNE22 (Environmental Enhancement) Policy BNE25 (Development in the Countryside) Policy BNE43 (Trees and Development Sites) Policy BNE46 (Developed Coast) Policy ED15 (Self Catering Facilities) Policy L3 (Protection of Open Space) Policy L10 (Public Rights of Way) Policy L11 (Riverside Path and Cycleway) Policy T1 (Impact of Development) Policy T13 (Parking Standards)

Other Relevant Documents Good Practice Guide on Planning for Tourism, 16 May 2006 Department for Communities and Local Government.

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Planning Appraisal Having regard to the provision of the Development Plans, it is considered that the main issues arising from the proposal are as follows:

• Principle • Design and impact upon the street scene • Neighbours Amenities • Highways

Principle of Development The proposal involves the creation of 39 caravan bases with balconies within an existing holiday park that is located adjacent to the rural settlement of Allhallows. Holiday parks are the largest provider of rural tourism bed spaces. Tourism can bring many broader benefits that will contribute to the economic and social well being of local communities as well as to individuals. The revenue generated by tourism can help to support and enhance local services and facilities such as shops and pubs, particularly in rural areas. It can also underpin the quality of the local environment and facilitate further enjoyment of it by residents and visitors. However, with regard to this application there are a number of development plan policies that need to be carefully balanced. The first relates to the location of the site. The application site is located outside of the confines of the village settlement as set out on the adopted Local Plan. Therefore, Policy C4 of the South East Plan 2009, Policies SS8 and EN1 of the Kent and Medway Structure Plan 2006 and Policy BNE25 of the Medway Local Plan 2003 are relevant. These Policies seek to protect the countryside from built development outside of the confines of existing rural centres/villages. However, in this case, it should be noted that the proposed development would be located well within the boundaries of the existing holiday park and would be surrounded on three sides by existing caravans, chalets and other buildings associated with the park. The proposal would not be ‘tacked’ on to the edge of the site and is therefore not considered to be further encroachment into the countryside that would result in detrimental harm in that regard. Turning to the issue of the location of the proposal within the holiday park itself and the status of that site. The application site is defined as protected open space as set out in a Section 52 Agreement that accompanies planning permission reference ME/88/0128. Policy L3 of the Medway Local Plan 2003 controls development to ensure the protection of open space. However, the Policy also allows for development where alternative open space provision can be made within the same catchment area and is acceptable in terms of amenity value. The Planning Statement accompanying the planning application identifies the areas of existing open space within the park and under the ownership of the applicant. The largest area of space comprises a golf course located to the western end of the park. This space was not included within the Section 52 Agreement of the planning permission reference ME/88/0128 and is considered to be a large and beneficial gain in terms of recreational space and as leisure facility for visitors to the area and the local population. The areas proposed for development are identified as A1, A2 and a small part of area B as shown on plan number CL11670/029 within Appendix 2 of the Planning Statement. Whilst it is recognised that there would be a loss of open space as a result of the proposed caravan bases, the application also shows an intention to make significant improvements to the riverside area making it

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more accessible in terms of the provisions of Policies C7 and TSR7 of the South East Plan 2009, Policy EN12 of the Kent and Medway Structure Plan 2006 and BNE46 of the Medway Local Plan 2003. These policies seek to improve public access to the river. There is a designated public right of way (PROW) within the holiday park and along the river frontage. Whilst the proposed development would alter the PROW, the improvements along the river frontage would result in an upgrade in the quality of the PROW allowing a greater variety of users in accordance with Policy C6 of the South East Plan 2009, Policy QL17 of the Kent and Medway Structure Plan 2006 and Policy L10 of the Medway Local Plan 2003. It is recommended a condition be attached to any forthcoming permission to ensure the retention of the PROW along the riverfront and to allow the Local Planning Authority to control the overall provision in terms of siting and location, width, length, materials and quality of the detailing. In addition to considering the location of the development and the protection of open space, the proposal has to be balanced against the relevant development plan policies that support the provision and improvement of tourist facilities. PPS7 offers guidance in relation to tourism proposals and states, ‘that the Government expects most tourist accommodation requiring new buildings to be located in, or adjacent to, existing towns and villages. Local planning authorities should adopt a positive approach to proposed extensions to existing tourist accommodation where the scale of the extension is appropriate to its location and where the extension may help to ensure the future viability of such businesses.’ PPS7 goes on to advise that in considering development proposals for static holiday caravan parks planning authorities should: (i) carefully weigh the objective of providing adequate facilities and sites with the need to protect landscapes and environmentally sensitive sites, and examine the scope for relocating any existing, visually or environmentally-intrusive sites away from sensitive areas, or for re-location away from sites prone to flooding or coastal erosion; (iii) ensure that new or expanded sites are not prominent in the landscape and that any visual intrusion is minimised by effective, high-quality screening. Policy TSR2 of the South east Plan 2009 promotes rural tourism and Policy EP12 (e) of the Kent and Medway Structure Plan 2006 states that the improvement of static caravan sites will be permitted if the development benefits the local environment. Policy TSR5 of the South East Plan 2009 and Policy ED15 of the Medway Local Plan 2003 also supports proposals for new facilities where the development is of a scale that would not adversely affect local amenity, nature conservation interests or be an intrusive element in the surrounding landscape; where the local highway network is capable of supporting the scale of development and where the facilities would be of a design and scale that is in-keeping with the locality. It is considered that as a result of the location within the existing site, the proposal would not encroach further into the surrounding countryside and result in detrimental harm to its appearance and as a result of the provision of the golf course to the western side of the site there would be sufficient remaining open space. Consideration should also be given to the quality of the open spaces within the holiday park and not just the quantity. The open space subject of this application is on sloping ground and does not appear to be well used. For example, there is no evidence of eroded areas as a result of being in constant or frequent use. However, as a result of the time of year the application was submitted, it is difficult to conclude the extent to which the space is used for leisure activities such as playing sports

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and sitting out enjoying the space; or what its function is and its use during events held at the park. In terms of quality, it is evident that little attention has been given the river frontage area and the quality of this space is particularly poor. The street furniture such as seating and litter receptacles is very low grade with many items being unusable and visually unattractive. In addition, there is no hard surfaced footway to allow a multitude of users to enjoy the river frontage at close quarters. As such the improvements proposed to riverside area would greatly improve public access to the river and upgrade the quality of the PROW, therefore loss of the area of open space to the development of tourist facilities can be justified on this occasion and is acceptable in principle subject to the other material considerations as set out below and further improvements to the quality of the public realm being made throughout the park. Street scene and design Good design is important for tourism because: tourism is essentially a commercial activity and its success will depend upon how

attractive it is to visitors; in areas with many tourist attractions, it is important that each attraction is perceived

as contributing to the overall experience; and wherever tourist proposals are to be situated, it is important that they complement and

improve the wider built and natural environment. Good design is also a key element in achieving development which is sustainable and will contribute positively towards making places better for people, DCLG, 2006. Policy BE1 of the South East Plan 2009, Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE1 of the Medway Local Plan 2003 seek to ensure that the design of development is appropriate in relation to the character, appearance and functioning of the area, suggesting that development should be satisfactory in terms of scale, mass, proportion, details, materials, layout and siting; respect the scale, appearance and location of buildings, spaces and the visual amenity of the surrounding areas; and where appropriate provide well structured, practical and attractive areas of open space. Policy BE5 of the South East Plan 2009, relates specifically to village management, ensuring that development in such locations does not damage the distinct character of the village. This section will therefore consider the design of the proposal in terms of the site layout, quality of the public realm, access for all and environmental enhancement. Site Layout The submitted design and access statement (DAS) states that the siting of the proposed bases and therefore the layout, has been carefully considered and arranged to allow for views over and between the caravan units. Furthermore the bases step up from the north (river) to the south allowing the proposed caravan units to maintain views across the estuary. This would also be the case of the caravan units located beyond the application site. Evidence of this is shown on the submitted drawings that give the sections through the proposed development. With eye level being taken as approx. 1.5m in height from the floor of each caravan unit. The layout has also been designed so that the caravan units would be arranged with the ends facing onto the river, therefore maximizing the opportunity to increase the number of units that would benefit from a river view. This arrangement and layout is consistent with the layout of the units at The Waterfront, Riverside, Fortside and The Paddock areas of the park; the closest areas to the proposed development site. In addition to this, unlike some other areas within the park, the layout incorporates designated parking

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bays for each unit, leaving the space between the units to be landscaped which would result in a better quality in terms of the setting of each unit and the overall appearance of the public realm. With this in mind, no objection is raised to the proposal in terms of layout. Public Realm In addition to Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE1 of the Medway Local Plan 2003, Policy QL2 of the Kent and Medway Structure Plan 2006 is also relevant. This policy states that a concerted effort will be made to improve the appearance, design, safety and ambience of the public realm. Simply, the public realm can be defined as the public face of buildings, the spaces between frontages and the activities taking place in and between these spaces. The submitted drawings for the application site show that the spaces between the caravan units would be grassed with areas of low level planting to provide ‘community screening’. No definition of ‘community screening’ is given, however, it appears to be used to create a sense of enclosure and areas of defensible space for the occupiers of the application site from the roadways and the more public areas such as the river walk area. Defensible space can evoke territorialism for the occupiers of the units and territorialism can be one of the strongest deterrents to criminal and vandal activity giving occupiers a feeling of security. Accommodation grouped in such a way that occupiers feel a mutual benefit is a key to achieving the creation of defensible space and a sense of community. The design of the public realm around the proposed units could achieve this subject to optimum use of soft landscaping and successful maintenance. It is therefore recommended that should planning permission be forthcoming a condition be attached to require details of a detailed landscape plan and malignance programme to be submitted and agreed by the Local Planning Authority. Subject to this condition, the proposal would be in accordance with Policy BNE6 of the Medway Local Plan 2003. In relation to the existing trees within the application site, Policy EN9 of the Kent and Medway Structure Plan 2006 and Policy BNE43 of the Medway Local Plan 2003 supports the retention of trees within development sites where they make a valuable contribution to the local character. The proposal shows the retention of some of the trees within the development site, however, it should be made clear that the retained trees may also be affected by the development as a result of the close proximity of the proposed bases to the root systems of these trees and therefore may result in harm which could lead to their eventual removal. The trees have been looked at by the arboricultural officer and considered not to be worthy of protection by tree preservation orders (TPOs). Without such controls in place, the applicants are within their rights to remove these trees. Whilst it is considered that the trees do contribute to the appearance of the holiday park in a positive way, it is felt that careful landscaping of the area can also achieve similar visual benefits to the park. This should be secured through the use of condition as suggested above should any planning permission be forthcoming. The public realm extends beyond the red line site boundary as the proposal includes a commitment by the applicants to improve and upgrade the quality of the river frontage, on land within their control (defined by the blue line). This is supported by Policy EN12 of the Kent and Medway Structure Plan 2006 and Policies BNE22, BNE46 and L11 of the Medway Local Plan 2003. This would be a significant benefit to the holiday park both visually and in terms of access but will be subject to the quality of the provision and the detailing. As stated in the ‘Principle’ section above, a condition would be required to achieve high quality in this area. Furthermore given the loss of open space as a result of this proposal, it is considered

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that further improvements to the public realm could be made throughout the entire holiday park site and again it is recommended in the ‘Principle’ section above that this is secured by condition. Also part of the public realm is lighting. It is important that lighting be provided within the development site and perhaps along the river walk. However, it is essential that the lighting is kept to a minimum to avoid causing nuisance through glare and spillage. It is recommended that a condition be attached to any forthcoming permission to require details of a lighting scheme to be submitted and approved by the Local Planning Authority. Access for all The proposal for the creation of caravan bases shows roadways providing access to all of the proposed bases and disabled parking is provided for in the new parking area to the east of the reception building. In addition, the proposed improvements to the riverwalk area will allow greater access to the river frontage than what is currently provided. The existing situation consists of a grassed strip to the river frontage and a road way, thus making it difficult for people with impaired mobility or pushing prams to access the river frontage. The proposal to provide a hard surface along the frontage will ensure access for a variety of users. Environmental Enhancement Tourism developments may offer considerable opportunities to conserve and enhance the local environment and its inherent qualities. The proposal offers the introduction of environmental enhancement in improving the river frontage area, providing interpretation boards, repairing the river wall to the western end of the site and providing additional planting. If undertaken in the correct manner with high quality design and materials, the committed improvements would result in a significant enhancement to the environment. Summary of Design It is considered that subject to the imposition of the suggested conditions, the proposal would not result in any detrimental impact in terms of design and visual amenity and would be in accordance with Policies BE1 and BE5 of the South East Plan 2009, Policies QL1, QL2, EN9 and EN12 of the Kent and Medway Structure Plan 2006 and Policies BNE1, BNE5, BNE6, BNE7, BNE22, BNE43, BNE46 and L11 of the Medway Local Plan 2003 Neighbours’ amenities Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE2 of the Medway Local Plan 2003 seek to secure the amenities of future occupiers and protect those amenities enjoyed by nearby and adjacent properties. The proposal for the bases would allow for static caravan holiday accommodation to be located within the site. The type of unit proposed and the siting of the caravans show that there would be a degree of overlooking of balcony areas and some habitable room windows. However, given that the units are for self catering holiday accommodation and not be permanent residential dwellings, it is considered that a degree of overlooking is acceptable. This is also felt to be acceptable when considering the impact on the existing units within the park as they are also situated there for the purposes of self catering holiday accommodation.

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Given the location of the application site within the confines of the holiday park boundaries, it is considered that there would be no detrimental impact on the amenities of occupiers of any of the properties adjoining the holiday park. The proposal is considered to be in accordance with Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE2 of the Medway Local Plan 2003. Highways The main issues relate to the impact of development (in terms of the increased numbers and highway safety) and parking. In considering the number of additional bases and the increased number of visitors to the park, it is felt that the increased number of vehicle movements that would not result in any detrimental impact upon the capacity of the highway nor would it add significantly to the risk of road traffic accidents. With regard to parking, each base would have it own parking space and parking areas are provided adjacent to the entertainment complex and reception areas. Given that the use for self catering holiday accommodation and not residential dwellinghouses, it is considered that the provision of one space unit is acceptable. The proposal would be in accordance with Policy T4 of the South East Plan 2009, Policy TP19 of the Kent and Medway Structure Plan 2006 and Policy T1 and T13 of the Medway Local Plan 2003. Other Matters In accordance with, ‘The Guide to Developer Contributions Supplementary Planning Document’, the applicant has agreed to make a contribution of £2,178 towards training and workforce development. Should planning permission be forthcoming, it is recommended that the above contribution or similar should be secured in accordance with Policy IM1 of the Kent and Medway Structure Plan 2006 and Policy S6 of the Medway Local Plan 2003. In addition to this, should planning permission be forthcoming, there is a need to vary the existing Section 52 agreement to allow for the development of the protected open space to proceed and to ensure the protection of the other areas of open space within the holiday park remain. Human Rights With regard to the Human Rights issue raised, I have taken into account the Human Rights issues relevant to this application. This report considers the balance between the interests and rights of the applicant (to enjoy his/her land subject only to reasonable and proportionate controls by a public authority as is necessary in a democratic society) and the interests and rights of those potentially affected by the proposed development (the respect of private and family life) and the wider public interests. As such there is no breach of human rights.

Conclusion and Reasons for Approval The proposed application is for the construction of 39 caravan bases with balconies and associated hardstanding for cars, new road layout and landscaping. It is considered that this proposal would result in a development that would respect the character and appearance of the area in terms of design and layout and would not result in detrimental harm to the

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amenities of neighbours or the highway in terms of safety and parking. The proposal therefore accords with the provisions of Policies T4, C4, C6, C7, BE1, BE5, TSR2, TSR5 and TSR7 of the South East Plan 2009, Policies SS8, QL1, QL2, QL17, EN1, EN9, EN12, TP19 and IM1 of the Kent and Medway Structure Plan 2006 and Policies S6, BNE1, BNE2, BNE5, BNE6, BNE7, BNE22, BNE25, BNE43, BNE46 ED15, L3, L10, L11, T1, and T13 of the Medway Local Plan 2003 and the application is accordingly recommended for approval. [This application would normally fall to be considered under the officers’ delegated powers but has been reported for Members’ consideration because of the number of representations that have been received which are contrary to the officer recommendation.] The application was considered by Members at the Development Control Committee on the 10th June 2009 when it was determined to defer for a site visit to take place.

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2 MC2009/0005

Date Received: 5th January 2009

Location: Land adjacent to Walmer House Cypress Court Wainscott Rochester

ME2 4PZ Proposal: Construction of a three storey block comprising twelve 2-bedroomed

flats with associated parking and cycle storage Applicant: Ms S Healy West Kent Housing Association 101 London Road

Sevenoaks Kent TN13 1AX Agent: Mr P Cook Cook Associates 1 Limes Place Preston Street

Faversham Kent ME13 8PQ Ward: Strood North Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval subject to:-

A. The applicant entering into an agreement under Section 106 of the Town and

Country Planning Act to secure:

(i) The provision of 12 units of affordable accommodation; (ii) A contribution of £8,320 towards the provision of a primary school place in

the locality; (iii) A contribution of £7,934 towards the provision of outdoor equipped play

areas and informal open space in the locality; (iv) A contribution of £1,800 towards the provision of training and workforce

development facilities: (v) A contribution of £5,615 towards the provision of health care facilities in the

locality; (vi) A contribution of £1,499 towards the Metropolitan Park; (vii) A contribution of £2,100 towards the provision of waste and re-cycling

facilities to serve the proposed development; (viii) A contribution of £5,280 towards the provision of adult and social care

facilities in the locality; (ix) A contribution of £374.40 towards archives; (x) A contribution of £701 towards the provision of youth facilities.

B. The imposition of the following:- 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission.

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2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before any part of the building is occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of

enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 No development shall take place until full details of both hard and soft landscape

works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; hard surfacing materials; minor artifacts and structures (e.g. external furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc); Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

5 A landscape management plan, including long term design objectives,

management responsibilities and maintenance schedules for all landscape areas shall be submitted to the Local Planning Authority for approval in writing prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

6 Unless otherwise agreed by the Local Planning Authority, development other than

that required to be carried out as part of an approved scheme of remediation must not commence until conditions 6 to 10 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 7 has been complied with in relation to that contamination.

7 An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site. The scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include:

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(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

• human health, property (existing or proposed) including buildings, crops,

livestock, pets, woodland and service lines and pipes. • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

8 A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

9 The approved remediation scheme must be carried out in accordance with its

terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and submitted to and approved in writing by the Local Planning Authority prior to the bringing into use of the development.

10 In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 7, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 8, which is subject to the approval in writing of the Local Planning Authority.

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Following completion of the measures identified in the approved remediation scheme a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 8 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 9.

11 Prior to the commencement of development details of a lighting scheme for the

parking, vehicular and pedestrian circulation areas within the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be installed on site before occupation of any building on site.

12 The area shown on the submitted drawings for vehicle parking and cycle storage

shall be provided, surfaced and drained in accordance with details to be approved in writing by the Local Planning Authority prior to the first occupation of any part of the development. Those areas shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in a such a position as to preclude vehicular access to this reserved parking space.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusion at the end of this report.

Site Description This application relates to part of an area of land bounded to the north by the rear gardens of two storey houses in Hilltop Road; to the south by the rear gardens of two storey terraced houses in Bingham Road; to the west by the rear gardens of two storey houses in Bill Street Road; and to the east by Walmer House, a three storey block of flats. Vehicular access from this land is achieved via Cypress Road to the east. Immediately to the north and west the site is bounded by an unmade private road serving the rear gardens of the houses in Hilltop Road and Bill Street Road. To the south of this land, there is a pedestrian access running parallel to the rear of the houses in Bingham Road. This access is about 2 metres higher than the prevailing site level. There is a footpath across the site between Bingham Road and Hilltop Road, but this is neither a defined public right of way nor a public highway. The application relates only to the western part of the land and measures approximately 60 metres in length by 20 metres in width. The land to the east is in the same ownership and is currently being developed by the construction of a block 12 flats (approved under reference MC2007/2320). Works associated with this development – storage of materials etc have overspilled on the application site. The land rises slightly from east to west and from north to south. Proposal This is a full application and is for a three storey block containing 12 x two bedroom flats. The proposal includes a westward extension of the access road serving the neighbouring flat block and the provision of 16 car parking spaces. Due to the irregular shaped boundary

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between the application site and the neighbouring land, some of the spaces would partly encroach onto that land and would form part of a larger parking area serving both developments. The building would be at the western end of the site and is described in the Design and Access statement as having the footprint of a ‘comma’. It would take the form of a block at the western end comprising two flats on each floor measuring 15 metres by 9.5 metres, with the remainder of the building projecting out 33 metres on the northern side of the site and comprising the remaining two flats on each floor. This part would project 11 metres to the east, at 90 degrees before turning 45 degrees to the south-east and projecting 9.5 metres. In addition, there would be triangular projection on the north-east side of this part of the building, to a maximum of 6 metres. The first and second floor flats would have a balcony facing towards the east whilst there would also be small balconies on the end flat of the western part of the block. This layout allows for the provision of a shared amenity area to the south of building, which would include pedestrian access to the building, planted areas, a storage area for 12 cycles and a storage area for 4 x 1100 ltr ‘Eurobins’. Indicative planting is shown for the shared amenity area, surrounding and breaking up the parking area and within a small private amenity area to the west of the block, towards Cooling Road. Site Area/Density Site area: 0.13 ha (0.32acre) Site density: 91.6 d.p.h. (37 d.p.a.)

Relevant Planning History There have been no applications on the application site. There have, however, been numerous applications on the land immediately to the east, between the application site and Walmer House, over which access is obtained to this site.

MC2000/1324 Outline application for the erection of four 3 storey blocks of flats. Refused 20 February 2002. MC2002/2376 Outline application for the construction of 12 1-bed flats in two 3-storey

blocks of flats with associated parking. Refused 2 April 2003. MC2002/2377 Outline application for the construction of 12 1-bed flats in two 3-storey

blocks of flats with associated parking. Non-determination Appeal allowed 29 July 2003. MC2006/0834 Variation of condition 3 of planning permission MC2002/2377 (Outline

application for construction of 12 1-bed flats in two 3-storey blocks of flats with associated parking) to extend the time allowed for the submission of reserved matters by a further 3 years

Approved 27 July 2006 MC2007/0017 Outline application for the construction of 12 one bedroom flats in two 3

storey blocks with associated car parking and access Approved 7 June 2007

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MC2007/2320 Construction of a block of six 2 bedroom and six 1 bedroom flats with a refuse store, cycle store, associated parking spaces together with a boarded boundary fence and gate varying in height from 0.9 metres to 1.8 metres

Approved 30 April 2008 Currently under construction

Representations The application has been advertised on site and in the local press as major development. Neighbour notification letters have been sent to the owners/occupiers of: 1-27 (consec) Bingham Road; 2-46 (evens) Hilltop Road; 1-9 (odd) Cooling Road; 24-50 Bill Street Road; 43 Cypress Road; and 48 Bill Street Road. 8-12 (consec) Walmer House, 1-6 (cons) Dover House, Cypress Court. Letters have also been sent to Kent Police Architectural Liaison Officer; Southern Gas Networks and EDF Energy. The applicants had a public meeting with local residents, prior to submission on 6 November 2008. Frindsbury Extra Parish Council has written objecting to the application on the following grounds:

• Additional traffic accessing the site via Cypress Road would add to problems in the road;

• Loss of amenity and overlooking to rear gardens of properties in Hilltop Road; • Should planning permission be granted, the Parish Council would be seeking S106

contributions to Hilltop Primary School and to community facilities. The Dickens Country Protection Society objects on the grounds that the access is inadequate to serve the development. Kent Police Architectural Liaison Officer has written raising no significant objection, but expressing concern at the level of parking, which could result in vehicles being parked remotely leaving them vulnerable to crime and could result in inappropriate or confrontational parking. A robust and efficient lighting scheme is recommended. Every opportunity for designing windows to overlook publicly accessible space should be considered. Balconies should be designed to ensure that they do not provide easy unauthorised access or climbing aids. 32 letters have been received objecting to the application for the following reasons:

• Overdevelopment; • Development would be too high; • Inadequate parking would result in additional parking on surrounding roads; • Loss of privacy; • Overshadowing and loss of light; • Noise and disturbance from traffic; • Inadequate drainage; • Additional pressure on schools, doctors etc; • The perimeter fence for the existing development is inadequate; • Proposal would not comply with Policies H4, H9 and BNE1 of the Local Plan.

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In addition the letters raise the following non-planning matters:

• Vehicles travelling to and from the site could cause vibrations which could lead to subsidence;

• The area is liable to subsidence due to dene holes resulting from former mining activity. This should be fully investigated;

• Properties have been damaged as a result of building work to Phase 1; • Concern at loss of rear access; • Water pressure is low; • Proposal would devalue property; • Not all residents were invited to the consultation meeting.

The site owner has written making the following comments:

• Development would clear a derelict site, remove fly tipping and anti-social behaviour and improve the look of the area;

• A new pedestrian route needs to be agreed giving access to the steps; • Secure fencing is needed to control vandalism; • If site is not developed it will remain derelict and will deteriorate.

Kent Fire and Rescue Service has written advising that the proposal does not comply with B5 – access to the furthest point of occupancy must not be more than 45 metres from the fire appliance park point. Dry risers are not a satisfactory solution as over 18 metres from appliance to entrance doors. Sprinklers would provide a possible solution. (Please see the update notes below the section entitled Conclusions and Reasons for Approval related to these comments from Kent Fire and Rescue Service). Development Plan Policies National Planning Guidance

PPS1 Delivering Sustainable Development 2005 PPS3 Housing 2006

Regional Guidance South East Plan (adopted) May 2009 Policy SP3 (Urban Focus and Urban Renaissance) Policy KGT1 (Core Strategy)

Policy KGT4 (Amount and distribution of Housing Development) Policy CC1 (Sustainable Development) Policy CC4 (Sustainable Design and Construction) Policy CC6 (Sustainable Communities and Character of the Environment) Policy M1 (Sustainable Construction) Policy T4 (Parking) Policy H3 (Affordable Housing) Policy H4 (Type and Size of New Housing) Policy H5 (Housing Design and Density)

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Kent and Medway Structure Plan 2006 Policy QL1 (Quality of development and design)

Policy QL5 (Quality and Density of Development) Policy QL12 (Provision for new community facilities and infrastructure) Policy TP12 (Development and Access to the

Primary/Secondary Road Network) Policy TP19 (Vehicle parking standards) Medway Local Plan 2003 Policy S6 (Planning Obligations) Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection)

Policy BNE6 (Landscape Design) Policy BNE23 (Site Contamination)

Policy H4 (Housing in Urban Areas) Policy H5 (High Density Housing) Policy T1 (Impact of Development)

Policy T2 (Access to Highway) Policy T13 (Vehicle Parking Standards) Planning Appraisal The issues for consideration in determining the application are:

• The principle of the development; • The effect on the character of the area; • The effect of the development on the amenities of neighbouring occupiers; and • Highways and parking.

Principle

The application site is within the urban area as identified on the Proposals Map to the Medway Local Plan 2003. The principle of residential development is, therefore, acceptable and in accordance with Policy H4 of the Local Plan which contains a presumption in favour of the development of vacant land within the urban area. The principle has already been established with the previous grants of planning permission for development on the immediately adjoining land both on appeal and by the Committee. Effect on the character of the area In design terms the proposed development is very similar to that approved on the adjoining land and would correspond to it in terms of mass, height, bulk, materials and general detailing. It is only the topography which results in some distinction between the two developments. The area comprises a variety of development with two storey late nineteenth/early twentieth century terraced houses in Bingham Road to the south, mid twentieth century terraced houses in Hilltop Road to the north and several two and three storey flat roof blocks of flats to the east, in Cypress Court. This mix of development gives the locality its own character, which although not outstanding, is well established. The proposed

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development would therefore not be out of character with the surrounding area, and account should be taken of the precedent set by the adjoining development. The density of the proposed development at 91.6 units per hectare (37 units per acre) would be marginally higher than that of the adjoining development at 85.7 units per hectare (34.6 u.p.a.), but this is only due to the site area being slightly smaller and would give an overall density of 88.8 u.p.h for the two developments. This compares with the density of the Cypress Court development (77.35 d.p.h. and 31.3 d.p.a.). In this respect the application is viewed as being in accordance with the provisions of the South East Plan, Policy QL1 of the Structure Plan and Policies BNE1 and H5 of the Local Plan. The effect of the development on the amenities of neighbouring occupiers Like the previous scheme, the development has been designed to take account of any concerns regarding potential overlooking of neighbouring properties and to minimise the impact. There are habitable room windows on all elevations of the building, but due to the distances between the proposed building and neighbouring properties, there would not be an unacceptable degree of overlooking. To the south, the windows and balcony on the western part of the block would be beyond the end of the terrace in Bingham Road and therefore the would be no direct overlooking; there may be some overlooking at an oblique angle, but there would be a gap of 19 metres to the rear wall of the nearest property. The windows on the main part of the building would be 27 metres from the rear of the houses in Bingham Road. To the north, there would be some windows facing towards the rear of the houses in Hilltop Road, but there is a gap of around 35 metres between these houses and the proposed building. Similarly to the west, there would be at 24 metres between the proposed building and the rear of the houses in Bill Street Road and again the windows would be at an oblique angle. In all respects, therefore, the proposal accords with the guidance contained within “Kent Design” and there would be no adverse impact in terms of overlooking. Similarly, due to the distance between the proposed block and neighbouring properties, there would be no adverse impact in terms of light or outlook. The application is therefore viewed as being in accordance with the provisions of the South East Plan, Policy QL1 of the Structure Plan and Policy BNE2 of the Local Plan, which seek to safeguard the amenities of existing occupiers in an area. Highways/parking The adopted vehicle parking standards (as maxima) require an average provision of up to 1.5 spaces across developments in the urban area for all types of development. No distinction is made, in the urban area, in terms of the number of bedrooms. The maximum requirement to serve the proposed development, would, therefore, be 18 spaces. The submitted drawing shows 16 spaces to serve the proposed development which equates to 1.3 spaces per unit. This compares to 14 spaces, which was considered to be adequate to serve the 12 flats on the adjoining development. Under the circumstances, this level of parking is considered to be adequate for the current proposal and would be in accordance with the adopted standards. In addition to the car parking, the submitted drawings shows storage for 12 cycles, which is comparable with 12 cycles for the neighbouring scheme. This would be in accordance with the Council’s adopted standard. The application therefore accords with the provisions of the South East Plan, Policy TP19 of the Structure Plan and Policy T13 of the Local Plan.

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The proposed vehicular access arrangements to the site would be via Cypress Road and via the neighbouring development. Although Cypress Road is heavily parked, it is considered that the additional traffic generated by the proposed development would not be unacceptable and in terms of highway safety or neighbour amenity and accordingly, no objection is raised under the provisions of the South East Plan, Policy TP12 of the Structure Plan and Policies T1 and T2 of the Local Plan. Contamination A site investigation report was been submitted in support of the application. The report details a geotechnical and site investigation was undertaken at the site and includes a desk top study. The desk top study includes a site history, site walkover, information on the geology and hydrogeology at the site. A conceptual site model has not been developed for the site. This will need to be developed and submitted to the Local Planning Authority for approval prior to works commencing at the site. The intrusive investigation involved the excavation of 4 boreholes at the site. Soil samples have been taken and tested for a suite of contaminants. The report includes a remediation strategy: however a conceptual site model needs to be submitted and further site investigation works may be necessary. In the event of planning permission, being granted, appropriate conditions are recommended. Subject to these conditions, no objection is raised under the provisions of the Development Plan, specifically Policy BNE23 of the Local Plan. Infrastructure contributions The application is for more than 10 units and therefore, the Council has initially sought contributions in line with the Council’s Guide to Developer Contributions. Following negotiations the recommended heads of terms are set out as follows: Affordable Housing: 12 Units Children’s service (schools): Education: £8,320

Greenspaces: £7,934. Training and workforce development: £1,800; Health: £5,615; Metropolitan Park: £1,499; Waste and re-cycling: £2,100; Adult and social care: £5,280; Archives: £374.40 Youth Provision: £701. The total contributions sought therefore would amount to £33,623.40.

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The applicants have advised that contributions at this level would make the scheme unviable and negotiations are on going in this respect. An update report will be prepared for Committee. Other matters As with the applications for the adjoining land, a concern has been raised regarding dene holes. This, however, is a construction matter that will be addressed through the application of the Building Regulations. An informative would be attached to any forthcoming planning permission bringing to the applicants’ attention the need to submit an application under the Building Regulations. Concerns relating to subsidence and damage to property as a result of the development are civil matters and would need to be raised with the developers should such incidents arise. Conclusions and reasons for approval In the light of the above assessment of the application proposals, the submitted application is considered to be acceptable in terms of principal, density, design, amenity and highway terms and infrastructure contributions. The application is therefore considered to be in accordance with the provisions of Policies SP3, KGT1, KGT4, CC1, CC4, CC6, M1, T4, H3, H4, H5 of the South East Plan, Polices QL1, QL5, QL12, TP12 and TP19 of the Structure Plan and Policies S6, BNE1, BNE2, BNE6, BNE23, H4, H5, T1, T2 and T13 of the Local Plan and is recommended for approval. This application would normally fall to be determined under Officers’ delegated powers but has been reported for Members’ determination on account of the number of letters of representation that have been received contrary to the Officer Recommendation and at the request of Cllr. Hubbard who feels that as applications for the adjoining land have been considered by Committee it appropriate for this one to be as well. The application was considered by Members at the Development Control Committee on the 1st April 2009 when it was determined to defer a decision for further negotiation in relation to the S106 Agreement. [Members will recall that this application was deferred from consideration to enable further negotiations to take place in relation Section 106 legal agreement. The heads of terms, sought to secure: contributions towards educational provisions; outdoor equipped play areas and informal open space in the locality including a contribution towards the Metropolitan Park; training and workforce development; provision of health care facilities in the locality; a contribution towards the provision of waste and re-cycling facilities; air quality monitoring; the provision of adult and social care facilities in the locality; a contribution towards archives; and a contribution towards the provision of youth facilities. The applicant was at the time of the last report unwilling to agree to the level of contributions due to the land value that they had provisionally been offered. The Council on the basis of the information available, specifically the information supplied by the district valuer was not satisfied that the land value offered reflected the residual value of the land once all of the relevant factors had been taken into account.

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In addition to this, Officers went back to the relevant departments were requests for sections 106 contributions had been made and sought further justification for the requests those departments submitted. In the light of this request the Council’s Education Department revised their request to seek only the primary school place requested and the Council’s Environmental Health section removed its request for a contribution of £300 towards air quality monitoring. This being the case, the total sum sort is now £33,623.40 (The details of the revised heads of terms are as set out in the recommendations section above). In addition to the above, the applicants have accepted the provision of 100% affordable housing secured through the S.106 agreement, despite the fact that the Developer Contribution Guide only requires 25% provision of affordable housing to be secured. In the light of all of the above and the advice of the District Valuer, the applicant has reviewed its position in relation to the residual value of the land. Consequently, they have confirmed that they agree to the revised heads of terms, as set out in the recommendations section above. Turning to the comments of the Kent and Medway Fire and Rescue Service, above the applicants have been in contact with them regarding their comments and have submitted additional information to them that has resulted in them withdrawing their concerns and request for sprinkler systems. This being the case, the condition related to the provision of sprinklers previously recommended has been deleted]. The application was considered by Members at the Development Control Committee on the 10th June 2009 when it was determined to defer for a site visit to take place.

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3 MC2009/0299

Date Received: 6th March 2009

Location: 18 Marquis Drive Hempstead Gillingham ME7 3DR Proposal: Construction of a part two part single storey rear extension, single

storey side extension and insertion of first floor window to existing side elevation

Applicant: Dr Reddy 18 Marquis Drive Hempstead Gillingham Kent ME7 3DR Agent: Mr A F Easter Priory Designs 25 Priory Close Dartford Kent DA1

2JF Ward: Hempstead & Wigmore Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval with Conditions (as amended by letter received on 8th June 2008) 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2 Prior to the commencement of the development, full details of the oriel window,

that include details of the treatment to the northern most panel of that window being finished in brown UPVC cladding, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.

3 Prior to the first occupation of the rear extension hereby permitted, the ground floor

dining room window to the western flank wall shall be fitted with obscure glazing and shall be non opening apart from any top hung fan light which is 1.7 metres above internal floor level and thereafter maintained.

4 Materials used on the construction of external surfaces of the extension wall

enclosure herein approved shall match those used on the existing dwelling. 5 The existing trees shown to be retained within the rear garden shall not be cut

down, uprooted or destroyed nor shall any retained tree be topped or lopped without the written approval of the local planning authority.

Any subsequent topping or lopping approved shall be carried out in accordance with BS 3998 (tree work).

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In addition fencing shall be erected for the protection of the trees prior to works being carried out or materials brought onto site in connection with the proposed works in accordance with BS5837:2005 fig 2 before any equipment, machinery or materials are brought onto the site for the purposes of the development and shall be maintained until all equipment,machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made without the written consent of the LPA.

If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the Local Planning Authority.

For the reasons for this recommendation for approval, please see the planning appraisal section and conclusions at the end of this report. Site Description The application site comprises a large two storey detached house set within a relatively large plot located to the western most end of a residential cul-de-sac of two storey houses and single storey bungalow housing. The property is bounded to the east by two storey housing (12-16 evens Marquis Drive) on the same level plain and at a lower level to the west and north by properties in Landor Court and The Rise. The application site is served by off road parking for 3 plus cars. A dense conifer screen exists on the western boundary with the rear garden of 1 Landor Court. Overall, the existing situation results in the first floor overlooking of the applicants garden to the side and rear in general. The property has had its permitted development rights removed for extension or alterations.

Proposal The submitted application is for the construction of a part two storey part single storey rear extension, a single storey side extension, and an oriel window to first floor level on the western most flank to the side. The part single storey extension would be to the centre of the rear of the property and would extend 6.2 m approx at ground floor level and 2.9m above at first floor. The single storey extension would be on the eastern side extending the full depth of the property and to a width of 1.7m to provide a utility room. A hipped roof theme is proposed throughout. The final part of the application is to provide an oriel window in the western side elevation at first floor to provide a means of escape for an existing bedroom served currently by a roof light only. The applicant has amended the scheme from its initial form by altering the design of the first floor flank window; amending a ground floor window to an obscure glazed design and reducing the width of the window; deleting the raised patio and screen fence enclosure (there will still be a patio but it will only be 50mm above ground floor and therefore does not now require planning permission; and the re positioning of an air conditioning unit to low level on the rear flank from the eastern most flank wall.

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Relevant Planning History GL90/538/89/45 Marquis Drive

Approved with permitted development rights removed Representations Neighbour notification letters have been sent to the owners and occupiers of 16 and 18 The Rise; 1, 2, 3 Landor court and 12, 14, 16, 15, 17, and 19 Marquis drive Seven letters of objection were received from neighbours objecting to the original scheme on the following grounds:-

• Loss of privacy to neighbouring bedrooms exacerbated by the difference in ground levels from both ground and first floor levels

• Loss of view from surrounding properties

• The proposal will be a blot on houses where a high premium is paid to live there

• Loss of sunlight due to the proposed scheme and presence of existing trees that

cause shade

• The property is only occupied by two persons and there is potential for it to be used for business purposes

• Overdevelopment of the plot when it was carefully planned to mitigate against impact

on neighbours amenity.

• Loss of outlook caused by the siting of the extension the air conditioning unit may result in encroachment of the boundary if re sited from its current position

• Assurance was given when the property was first planned to ensure no loss of privacy

from a side window to the western side. A Planning condition may be used but assurance would need to be given that the window was heavily obscured and non opening

• Its is not clear on the submitted drawing on what elevation and where the proposed

first floor window is to be located on the 1st floor The applicant considered the comments raised and amended the plans. Following receipt of the amended plans and further consultation three letters has been received objecting on the following grounds:-

• The introduction of the brick wall to surround the proposed patio area would cause disruption to the neighbours existing garden and be unsightly with two different styles and heights of boundary to the rear. Any later replacement panels will cause disruption to neighbours when panels are replaced. (this element has now been deleted from the application)

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• Loss of sunlight caused by the wall and extension and impact from existing trees

• The development would represent a significantly detrimental form of development prejudicial to the appearance of the street scene when viewed from surrounding properties in terms of scale compared with the building as original.

• No objection to the relocation of the air conditioning unit as long as there is no damage

to the neighbours garden or removal of fence required

• The introduction of a part brick/part wood panel detail would worsen outlook from neighbours perspective and not overcome privacy concerns to ground floor windows of neighbouring properties. In addition neighbours will still be able to look directly into two of the applicants ground floor rooms from first floor windows.

• Loss of privacy would still result as a consequence of the siting of the first floor

bedroom and ground floor sun lounge windows. The use of obscure glazing will reduce overlooking from the dinning room window to the west.

• Fully sympathise and agree with all those other concerns, which have been brought to

the planning authority’s attention. Development Plan Policies South East Plan 2009

Policy BE1 Management for an urban renaissance Policy T4 Parking

Kent and Medway Structure Plan 2006

Policy QL1 Quality of development and design Policy TP19 Vehicle parking standards

Medway Local Plan 2003

Policy BNE1 General Principles for Built development Policy BNE2 Amenity Protection Policy BNE43 Trees on Development Sites

Planning Appraisal Street scene and design The development is concentrated to the rear and sides of the property and not readily prominent from the highway but will be visible from surrounding gardens and rear windows of neighbouring properties. The part single/part two storey extension is proposed to the rear and in terms of projection is relatively large. The rear extension proposed is of a large scale but in consideration of the size of the plot, design proposed and distance from the highway and neighbouring gardens is acceptable. Accordingly, the bulk of the development is considered of a scale and proportion

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to the size of the plot and due to distance from neighbouring windows would not be considered unduly dominant, intrusive or over bearing when seen from neighbouring properties. The single storey side extension to the eastern side is of modest height when seen from the front and rear and above the line of the existing garden fence. However taking into consideration the pitched roof design, height and scale of the development in part seen against the existing flank wall no objection is raised to this element of the scheme. The proposed oriel window would be located to the opposite western flank and in the main would only be visible from surrounding gardens and not prominent from the highway. The window is required due to the internal alterations that occurred to the property at the time of construction (the applicants choice) but the roof light introduced at the time does not provide adequate means of escape in terms of fire. The design change at that time has affected safety and the applicants require the window to be introduced to meet this need. The window design whilst not strictly in keeping with the original house design concept is considered acceptable in view of the minor impact it would have on the appearance of the development. Overall, the application is in accordance with Policies QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE1 of the Medway Local Plan 2003 and Policy BE1 of the South East Plan 2009. Neighbours amenities Careful consideration has been given to the needs of both the applicant and impact that the proposal would have upon adjacent residents in terms of loss of sunlight, daylight, outlook and privacy. In terms of loss of sunlight, daylight and outlook, taking into consideration the size of the plot, difference in land levels; siting and distance of neighbouring gardens from the scheme; existing impact from the property and orientation to the path of the sun throughout the day, no objection is raised on these grounds. With regard to loss of privacy, weight and balance has to be given to the existing situation where in the main surrounding gardens look towards the applicants garden at both ground and first floor levels around the perimeter of the garden. In addition however neighbours privacy has to be considered where overlooking does not currently cause harm. It should be noted that existing first floor windows overlook neighbouring gardens to a degree also. The applicants were made aware of the concerns of the original scheme (which showed clear glazing being introduced to new flank windows) and opted to change the window design to the western flank to deflect the direction of outlook from a clear window at first floor and reduce the size/relocate a side ground floor window due to the difference in ground levels between the site and neighbouring households. With obscure glazing to the ground floor western flank of the dining room used where previously a degree of overlooking would have occurred to properties at a lower level from the original scheme, no objection is raised. This room is also served by a clear glazed window to the eastern side for means of outlook. This combined with distance and height of boundary treatment (including planting) when considering the impact from another ground floor flank window on this side would prevent additional harm being caused to the existing situation.

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Consideration was given to the use of obscure glazing to serve the bedroom at first floor level but as this is the only means of outlook to this room, this would have to be served by a clear glazed window to be considered acceptable for use serving a habitable room, hence again why the applicant choose to amend the scheme and revised the design of the window rather than use obscure glass with top hung ventilation only. To the east the introduction of a fence/wall enclosure would mitigate against loss of privacy from ground floor openings and in consideration of the existing situation and distance to neighbours gardens and angle of view no objection is raised on this ground. Any flank windows above first floor level that may be introduced at a later date are controlled by the restrictive planning condition on the property. In this respect, the application is considered to be in accordance with Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE2 of the Medway Local Plan 2003. The existing trees will need to be protected during construction. It is recommended that a condition be imposed to safe guard the trees by a suitably worded condition to protect the root and canopy system from damage potentially caused by storage of materials or movement of works plant etc. The development itself would not prejudice the health and stability of the trees within the rear garden that are protected by a Tree Preservation Order. Conclusions and reasons for Approval The application therefore accords with the above-mentioned Development Plan policies and is recommended for approval. This application would normally fall to be considered under officers delegated powers but has been reported for Members consideration due to the number of representations made contrary to the officer recommendation. The letter received from the agent on 8 June confirms that the patio will not be built up 300mm as shown on submitted plans but will now only be 50mm above existing ground level. As a result the patio no longer requires planning permission and can be constructed under permitted development and there is no longer a requirement for the screen wall. The application was considered by Members at the Development Control Committee on the 10th June 2009 when it was determined to defer for a site visit to take place.

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4 MC2009/0558

Date Received:

Location: Land between 243 and 245 Magpie Hall Road Chatham ME4 5JB Proposal: Construction of a block of five 2-bedroomed flats with associated

works and parking area Applicant: Mr D Rogers James Lewis Developments Limited 5 Forward Way

Laker Road Rochester Kent ME1 3QX Agent: Ward: Luton & Wayfield Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval with Conditions 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2 No development shall take place until there has been submitted to and approved in

writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of

enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 The windows in the stairwell on the north elevation shall be fitted with obscure

glass and shall be non-opening apart from any top hung fan light. 5 No development shall take place until full details of both hard and soft landscape

works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures including the refuse store. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

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6 All hard and soft landscape works shall be carried out in accordance with the

approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

7 No development shall take place until a schedule of landscape maintenance for a

minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

For the reasons for this recommendation for approval please see planning appraisal section and conclusions at the end of this report.

Site Description The site consists of a currently vacant piece of land between two end of terrace houses. There is a fence on the Magpie Hall Road frontage, which is partially overgrown with vegetation and the land then rises significantly up to the rear of the site. The rear of the site adjoins an access way, which serves a number of garages including those in neighbouring properties in Magpie Hall Road as well as garage blocks on the opposite side of the way. In a previous application (MC2008/0349) on the site the report advised that the Council had recently sold the site and Asset and Property Management had confirmed that some of the neighbours have a right of way over the northeastern side of the site (to get from their front to rear gardens) and that the purchasers were made fully aware of this when they bought the site. This is a private right of way and not a public right of way and the area has not been retained in the ownership of the Council. Proposal Construction of a block of five 2-bedroomed flats with associated works and parking area. The ground floor and first floor proposes to contain 2 two-bedroom flats both with an open plan kitchen living area and bathroom. A fifth flat is proposed in the roof space containing two bedrooms and an open plan living/dining/kitchen area. The block has been designed to sit into the site with a sloping front landscaped area with refuse store and a large rear garden area with access to the parking spaces. Four parking spaces are proposed to the rear of the site with access from the service road to the rear. Relevant Planning History 1/72/253 Detached home Approved 9 June 1972

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84/33 Outline application for the erection of 4 elderly persons flats Withdrawn MC2008/0349 Construction of a block comprising six self-contained flats with

associated parking and amenity Refused 21 April 2008

MC2008/1817 Construction of a block comprising six self-contained flats with associated parking and amenity area

Refused 18 December 2008 This current application differs from the previously refused scheme through the reduction in the number of flats from 6 to 5 and through an alteration in the design – reducing the height of the block, altering the window arrangement and removing the third floor. Site Area/Density Site area: 0.05 ha Site density: 100 units per hectare Representations The application was advertised by site notices at the front and rear of the site and neighbour notification letters were sent to 217, 239-249 (odd) Magpie Hall Road, Kent Fire and Rescue and Kent Police. 4 individual letters of objection have been received from 4 properties, in summary raising the following areas of concern:

• Concerns of the size • Views across the valley and surrounding areas would be lost and replaced with a brick

wall • Not enough allocated parking • Cars would be damaged of parked on the opposite side of the road • Not in accordance with the Local Plan • Queries over the foundations and the affect it would have on neighbouring properties. • Not in keeping with the rest of the houses in the road • Sky lights are an eye sore and out of keeping with the area • Emergency vehicles would find it nearly impossible to pass if cars parked on both

sides on the main road • The passage way from the front of the property to the back road which neighbours

have right of way over should be a straight ways with a gate at top and bottom requiring a key to pass or the area will be abused

• Parking at the rear for the new properties should be enclosed so the public have no right of way through and should be separate to the passage way for the now house owners to use

• There is no room on the back road for parking or there will be no room for cars to exit the existing garages

• Concern over the use of the land and the requirements set out on the deeds of the land

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• Concern over the size of the passage way to the side of the house • Noise and disturbance due to siting of the entrance door • Loss of daylight and overshadowing • Refuse to front is an invitation for abuse • Steps leading to the main entrance are dangerous • Flats are unacceptable • Impact on view • Noise and disturbance during the construction • Light pollution from security lights

A letter from Chatham and District LGA relating to:-

• Problems accessing allotments if people park in front of them • Affect on water pressure • Affect on wildlife – full survey should be undertaken on the site • Aesthetics • If the flats cause as many problems as those on the corner of Haig Avenue and

Symons Avenue then it would be a disaster for the area A petition signed by 28 people relating to:-

• Congestion and parking problems • Noise and disruption • Safety of pedestrians • Overlooking • Loss of light and privacy • Number of flats

Kent Police have written with the following comments:-

• Design and access statement does not appear to mention how crime prevention and safety have been considered or addressed

• Remote nature of the vehicle parking on the rear service road • Unless suitably gated or restricting use to authorised persons the walkway/steps may

well become a route/desire lone for anyone to use. Amenity area and walkway would require lighting to aid user safety

• Four vehicle parking spaces will be provided on the rear service road, which could be vulnerable to crime, secure garages may reduce the opportunity for crime

• The siting of external utility meters and mailboxes close to the front build line may reduce the need for unnecessary trades access or bogus callers

• Recommended the use of a combination of audio and visual links to each flat of remote door release is being considered or the creation of a secure “air-lock” style communal ground floor lobby could restrict access of unauthorised persons

3 further letters have been received raising the following points

• The alley to the side has been gated and locked when it has been open and available for use for around 10 years

• There are protected species such as slow worms, lizards, newts and frogs on the site • Too many units proposed

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• Design and materials out of keeping • Lack of car parking • Plans inaccurate re width of frontage • Side alley is a public right of way • Main entrance to flats will cause noise and overlooking of neighbour • Impact on water pressure • Barrier to rear and impact on parking spaces • Problem with rats on site

Development Plan Policies South East Plan 2009 Policy SP3 Urban focus and urban renaissance Policy T4 Parking Kent and Medway Structure Plan 2006

Policy QL1 (Quality of Development and Design) Policy HP4 (Housing: Quality and Density of Development) Policy TP19 (Vehicle Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy H4 (Housing in Urban Areas) Policy H5 (High Density Housing) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T13 (Vehicle Parking Standards)

Planning Appraisal Principle The site is located within an urban area with residential terraces to either side. Policy H4 of the Local Plan says that infilling in existing residential areas will be permitted providing that a clear improvement in the local environment will result. Policy HP2 of the Structure Plan provides guidance on new housing provision, giving priority to the use of land within major urban areas, and Policy HP4 of this Plan refers to the achievement of densities above 50 dwellings per hectare in conjunction with good design and in locations with good public transport accessibility, or otherwise densities between 30-50 dwellings per hectare. The development of the current site for housing purposes is considered acceptable in principle with regard to these policies. In addition, although the proposed density is high at 100 dwellings per hectare, if the development was acceptable in all other respects (to be examined below) it is not considered that this would be unacceptable with regard to policy guidance on density. The site is served by public transport, with bus stops nearby, and is fairly close to Chatham town centre and its various services.

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In summary in principle there is no overriding objection to the development of the site for residential purposes and the acceptability of the scheme will therefore rest on matters of detail. Visual Impact The site is located between two well-established terraces, which date from the early twentieth century. These adjacent houses have a solid appearance, built of brick and render with slate/tiled roofs and two storey front bays. Due to the rise in levels they are elevated from the street, with most properties having a front boundary wall with a rising front garden in front of the house. There is other much more recent housing in the area but the site visually relates very much to these terraced houses to either side. Consideration has to be given to development plan policy BNE1 of the adopted local plan. This policy seeks to ensure that the design of the development is appropriate in relation to the character, appearance and functioning of the built and natural environment by reason of its use, scale, mass, proportion, details, materials, layout and siting. Furthermore, the Council has to be satisfied that the development respects the scale, appearance and location of buildings, spaces and the visual amenity of the surrounding area. In addition to this PPS1 supports the need for good design. The proposed block is considered to be well designed and takes a lot of its features from the terrace of houses either side, for example the window shape, size and alignment. The block has been set into the site so that the front landscaped area gently slopes up to the front of the house from the road in line with the terraces either side. The ridgeline has been designed to be of a height that complements the ridge heights of the other houses in the terraces as the ridgelines step down the road. While the block has a greater substance and is wider than an individual terrace property it has been cleverly designed to mimic two terrace houses with the arrangement of the fenestration. It is unfortunate that the refuse store has been sited at the front of the development, however this is an unavoidable consequence of modern life. The location works well with regard to the collection of the refuse and on balance it only takes up a small area of the frontage with the remaining area set to soft landscaping. More details of the design of the refuse store are required to ensure that it is visually attractive and secure and this is recommended to be controlled by condition. In summary it is considered that this design and layout would be in accordance with the advice given in Policies BNE1 and H4 of the Local Plan and Policy QL1 of the Structure Plan. Amenity Considerations The relationship between the proposed building and neighbouring properties must be considered. The proposed building is sited slightly forward of 245 Magpie Hall Road to the southwest and projects approximately 3m further to the rear. There would be a separation distance of approximately 4.3m between the proposed building and the main sidewall of no. 245, with 5m between it and no. 243. Both of these neighbouring houses have ground and first floor windows facing towards the site. The proposed building has two windows on the northeast side, one on each floor to serve the stairs and landing areas, with no windows on the southwest side. It is stated that these side windows would be obscure glazed, and it is recommended that this is conditioned on any approval to ensure that the privacy of the neighbours is maintained.

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Due to the position of the block and the separation distances between the properties it is not considered that the proposed building would result in unacceptable harm to neighbours in respect of loss of light or overbearing impact. In addition subject to the use of obscure glazing in the side stairs/landing windows it is not considered that there would be an unacceptable loss of privacy to neighbours from the building. With regard to noise and disturbance clearly any development on the site will increase its current impact in this respect, as it is presently unused. However it is not considered that the residential development of the site, including for flats, would result in unreasonable levels of noise and disturbance for other local residents. Magpie Hall Road is not a quiet back street and there is a mix of uses in the area including Medway Community College and allotments. In summary the development is considered to be in accordance with the advice given in Policy BNE2 of the Local Plan. Highway Considerations The proposed development would provide for four off road spaces. This would provide for a ratio of 0.8 spaces per flat. This level of parking provision is in accordance with the maximum adopted parking standards of an average of 1.5 spaces per dwelling across a site for all dwellings in urban areas. As with any site there can be no guarantee that future occupants would use the on-site parking provided, however it would be unreasonable to refuse permission on the basis of parking provision when the amount to be provided would accord with adopted standards. In summary the parking and highway impact of the development is therefore considered acceptable including with regard to the advice given in Policy TP19 of the Structure Plan, Policies T1, T2, and T13 of the Local Plan and Policy T4 of South East Plan 2009. Other Matters Local residents have raised a number of other concerns which are not material planning considerations including possible damage to neighbouring property from foundations. The concerns regarding a right of way across the property for neighbours are noted, this being a matter between the relevant civil parties. Conclusions and reasons for approval The proposed development will not be out of context with its surroundings and is not considered to cause any adverse negative impacts with regard to the neighbour amenities or highways and it is considered to be acceptable for the reasons outlined above. It is therefore recommended that the proposal be approved subject to the imposition of appropriate conditions. The proposal therefore accords with the provisions of Policies SP3 and UTG1 of the South East Plan 2009 and Policies QL1, T19 and HP4 of the Structure Plan and Policies BNE1, BNE2, T1, T2, T13, H4 and H5 of the adopted Local Plan and the application is accordingly recommended for approval. The application would normally fall to be determined under delegated powers but has been referred to Committee due to the number of representations received contrary to officer’s recommendation.

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The application was considered by Members at the Development Control Committee on the 10th June 2009 when it was determined to defer for a site visit to take place.

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5 MC2009/0479

Date Received: 16th April 2009

Location: Land to the West of Eastern by-pass A228/A289 [north side of Hoo

Road] Wainscott, Rochester, Kent. Proposal: Revised application for approval of part of Phase 1 reserved matters

[siting, design, external appearance & landscaping] pursuant to outline permission MC2005/0671 (as amended by MC2007/0032) for proposed replacement of units 46-50 & 58 with 12 No. units

Applicant: Crest Nicholson (Eastern) Limited C/O Agent Agent: Miss N Wells Barton Willmore 35 Kings Hill Avenue Kings Hill West

Malling Kent ME19 4BW Ward: Strood Rural Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval with Conditions (as amended by drawings and email received on 29 May and 3 June 2009) 1 The en-suite windows on the south west elevation in plot 282 and north east

elevation in plot 284 (as numbered on drawing WS950_PA_100 rev G) shall be fitted with obscure glass and shall be non-opening apart from any top hung fan light, and shall thereafter be retained as such.

2 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows other than those shown on the approved plans shall be installed in the flank walls of plots 273, 277 and 281 herein approved without the prior written approval of the Local Planning Authority.

3 Prior to the commencement of the development hereby permitted, a scheme for

protecting the amenity/garden areas from transport related noise that implements the measures described in the noise assessment reference 067713 dated 5 September 2007 and the supplementary note dated 3 December, shall be submitted to and approved in writing by the Local Planning Authority. The details submitted shall include an implementation programme and all works which form part of the approved scheme shall be completed in accordance with the approved details and implementation programme.

4 Prior to the commencement of the development hereby permitted, a scheme for

protecting the proposed development from transport related noise, shall be submitted to and approved in writing by the Local Planning Authority. The scheme

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shall include details of acoustic protection sufficient to ensure internal noise levels (LAeq,T) no greater than 35dB in bedrooms or combined study/bedrooms and 40dB in living rooms with windows closed. Where the internal noise levels (LAeq,T) will exceed 35dB in bedrooms or combined study/bedrooms and 40dB in living rooms with windows open, the scheme shall incorporate appropriately acoustically screened mechanical ventilation. The details submitted shall include an implementation programme and all works which form part of the approved scheme shall be completed in accordance with the approved details and implementation programme.

5 No development shall commence until details of wheel washing facilities for

construction vehicles have been submitted to and approved in writing by the Local Planning Authority. Such agreed facilities shall be retained on site for the duration of the building works unless otherwise agreed in writing with the Local Planning Authority.

For the reasons for this recommendation for approval please see planning appraisal section and conclusions at the end of this report.

Site Description The application site is located on the north side of Hoo Road and forms part of a wider site with outline permission for residential development, which spans both sides of Hoo Road and is bounded by the A289 Wainscott Bypass to the east and the existing built-up area of Wainscott to the west. Hoo Road at its eastern end forms a spur off the Four Elms roundabout (the junction between the A228 (Four Elms Hill) and A289). Phase 1 of the application is located closest to the Four Elms roundabout. The application site previously comprised arable farmland; construction of the approved residential development on this site has started. This phase has common boundaries with the A289 and Hoo Road and does not adjoin any of the existing residential development of Wainscott. The site is generally flat, although the western portion slopes gradually up, so that the Bypass is in a cutting at the site boundary, with a highway verge between. Proposal The proposal is a revised application for approval of part of Phase 1 reserved matters [siting, design, external appearance & landscaping] pursuant to outline permission MC2005/0671 (as amended by MC2007/0032) for proposed replacement of units 46-50 & 58 with 12 No. units. The proposal seeks to replace plots 46 to 48, which are three large 4 bedroom detached houses with a terrace comprising of two 3 bedroom and two 2 bedroom houses and a two bedroom flat above parking spaces. A single garage is proposed at one end of the block and a double garage at the other end. Parking spaces are also provided to the front of each garage with a further two under the flat. In replacement of plots 49 and 50 two pairs of semi-detached houses are proposed each with three bedrooms a garage and a parking space to the front of the garage. The proposal also seeks to replace plot 58 with a terrace of one 3 and two 2-bedroom houses with an attached double garage. In total there would be an increase in six units taking the overall total of phase 1 from 86 units to 92 units.

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The tiles proposed:

• Redland Heathland “Autumn” (small format concrete tiles) • Alpha 10 Clay “Chevreuse” (large format clay tile)

The Heathland “Autumn” tiles would be used on the primary road frontages and key frontage buildings within the site including plots 278 to 281, with the “Chevreuse” being used on the remaining road frontage buildings including plots 273 to 277 and 282 to 284. The bricks to be used on the amended houses are the mellow red with plots 278 and 279 with Imerys Phalempin Horsham mix tile hanging and plot 275 weather boarding.

Relevant Planning History Land to the West of Eastern by-pass A228/A289 (both sides of Hoo Road) MC2005/0638 Town & Country Planning (EIA) Regulations 1999 for a screening

opinion to determine whether or not the construction of a residential development with a health centre and ancillary retail require an Environmental Impact Assessment

Determined EIA not required 20 April 2005 MC2005/0671 Outline application for residential development, health centre, retail

facilities, parking facilities, open spaces, acoustic barrier, new access and landscaping Approved 26 September 2006

MC2007/0032 An application for A) the variation of conditions 1 (Submission of

Reserved Matters), 9 (Archaeology), 10 (Acoustic Mitigation), 11 (Land Contamination) and 15 (Scheme of Street Lighting) to allow for the phased submission of reserved matters pursuant to the outline planning permission and subsequent implementation of the development; B) The removal of Conditions 4 (Details of Hard and Soft Landscaping), Condition 6 (Materials), 7 (Details of Boundary Treatments), 16 (Provision of Additional Land at Wainscott Primary School) and 21 Junction and Other Highway Improvements) of planning application MC2005/0671 an outline application for residential development, health centre, retail facilities, parking facilities, open spaces, acoustic barrier, new access and landscaping

Approved 15 March 2007 MC2007/1147 Application for approval of reserved matters [external appearance,

landscaping, siting & design] pursuant to outline application MC2005/0671 (as amended by MC2007/0032) relating to Phase 1a (public open space)

Approved 11 March 2008

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MC2007/0821 Application for approval of reserved matters (siting and design) pursuant to outline permission MC2005/0671 (as amended by MC2007/0032) for construction of 86 units and associated garages, parking and ancillary works (Phase 1)

Approved 11 March 2008 MC2008/0607 Application for approval of phase 1 reserved matters (external

appearance and landscaping) pursuant to outline planning consent MC2005/0671 as varied by application MC2007/0032 for construction of 86 units

Approved 27 June 2008 MC2008/1536 Application for approval of reserved matters (siting and design) pursuant

to outline permission MC2005/0671 (as amended by MC2007/0032) for construction of 188 dwellings and associated garages, parking and ancillary works

Current application MC2008/1663 Revised application for approval of Phase 1 reserved matters (external

appearance) pursuant to outline permission Approved 9 January 2009 MC2008/2042 Revised application for approval of reserved matters (External

Appearance, Siting, Design and Landscaping) pursuant to outline permission MC2005/0671 as varied by MC2007/0032 for replacement of semi-detached dwellings (plots 30 31) with a terrace of three 2-bedroomed dwellings

Withdrawn Representations The application has been advertised on site and in the press, and notification letters have been sent to the owners/occupiers of:

• 1 and 2 The Bays, Cezira, Denison House, Elm Cottage, Elm Lodge, and Gezira, Hoo Road;

• 1, 1a, 3, 5, 9-27 (odd), 31-37 (odd), 37a, 41, 43-45, 47, 49, 49a, 51-71 (odd) and Wainscott Primary School, Wainscott Road;

• 2, 2a, 3-6, 8, 9, 10-16 (inc), 18-21 (inc), 24, 25, 26, 28, 29, 30, 32, 34-38 (inc), 40, 42-48 (inc), 50, 52, 53, 54, 56 and 58 Higham Road;

• 4 Wainscott Walk; • 6 Hollywood Lane; and • The Parks Medical Practice, Miller Way

1 letter from 1 household has been received relating to:

• Over crowded site • Previously replaced semi-detached houses with a terrace block have obstructed views

and the spacing around the houses has been lost • Phase 1 is already over-developed any increase is not acceptable

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The local resident concerned has advised on her correspondence that her email of representation was on behalf of many residents but has been treated as a single representation. – While her email has the footnote “for local residents” it does not refer to any residents meeting, nor makes any reference to any authority or position in a residents association and is signed solely by the resident herself Frindsbury Extra Parish Council have written with the following comments:

• At the public enquiry the inspector allowed development on this site for 280 units. Following acquisition of the site by Crest Nicholson 450 units were originally proposed but were finally reduced to 375. This application is now increasing hat number by 7. There may in the future be another similar application, further increasing the number of units, which would be difficult not resist if this application was granted

• The Parish Council accepts that permission has been given for 95 units more than were in the Local Plan (an increase of 34%) but considered that to be the finite number for this development.

• In addition the Parish Council is of the opinion that to increase the number of 2 and 3 bed units at the expense of larger family 4 bed units is a reaction to the present economic climate that will compromise the ability in the future of residents to acquire larger properties as their families grown and is also detrimental to the social mix of future residents in the parish.

Kent Fire and Rescue Service have written with the following comments:-

• Provided the revision do not place any part of the proposed premises beyond 45m from the fire appliances nearest parking point the fire service has no additional comments than those made under application reference MC2007/0032 that access and water supplies (hydrants) must comply with approved document B, B5

Development Plan Policies South East Plan 2009 Policy SP3 Urban focus and urban renaissance Policy H4 Type and Size of New Housing Policy H5 Housing Design and Density Policy T4 Parking Kent and Medway Structure Plan 2006 Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm) Policy TP19 (Vehicle Parking Standards) Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Standards) Policy BNE6 (Landscape Design) Policy T13 (Vehicle Parking Standards)

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Screening Opinion The purpose of a screening opinion is to establish whether an Environmental Impact Assessment (EIA) is required. Application MC2006/1706 determined that under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Act an environmental impact assessment was not necessary for reserved matters planning application pursuant to outline consent MC2005/0671. On that basis it is concluded that a screening opinion is not required for this current application. Planning Appraisal Principle The principle of development on this site has been accepted in application MC2005/0671 “Outline application for residential development, health centre, retail facilities, parking facilities, open spaces, acoustic barrier, new access and landscaping” which received approval on 26 September 2006 and application MC2007/0821 “Application for approval of reserved matters (siting and design) pursuant to outline permission MC2005/0671 (as amended by MC2007/0032) for construction of 86 units and associated garages, parking and ancillary works” The Wainscott Development Brief adopted in April 2004 covers the area of the above outline and sets out the main constraints / opportunities for the site as a whole and for the area the subject of the current application:

• The site is in a prominent urban fringe location and as such, development would create not only a gateway to Wainscott, but also a very prominent visual gateway in approaching the Medway towns.

• It is bounded by the A228 bypass and as such will require a degree of protection from noise and air pollution.

• There is a gradual level change falling eastwards from Wainscott Road to the by-pass. Land dips to a couple of metres below the by-pass level at the Four Elms roundabout.

• The exposed nature of the site allows for long panoramic cross-site views to and from the surrounding countryside (section 4.1)

While it is acknowledged that the number of houses is incrementally increasing from 86 units to 92 units in phase 1 this in itself is not a reason to refuse the scheme. If the development was acceptable in all other respects (to be examined below) it is not considered that this would be unacceptable with regard to policy guidance on density. In summary in principle there is no overriding objection to the increase in the number of units, the acceptability of the scheme will therefore rest on matters of detail.

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Setting of the development The site is in a very prominent location on the edge of the built up area of Medway, adjacent to the busy bypass. It is also extremely prominent in long distance views from the high ridge above the site in Chattenden. In visual terms this development will form a key gateway to the built up area of Medway for many people. It is thus important to ensure that it sits comfortably and attractively in its wider setting. The brief clearly outlines the key principle (Para 5.4.3) that boundaries of the site should be a strong and positive feature (not just a landscape zone that screens the development). It suggests that buildings should face outwards or sideways and emphasises this with a diagram showing buildings facing outwards onto a road and landscaped bund at the edge of the site Design Principles The government and other agencies have recently published a number of reports about the poor standard of new housing design in the south-east. National policy guidance such as PPS1 and PPS3 also reinforce the need for quality design in new developments. PPS1 states, “Good design ensures attractive, usable and adaptable places and is a key element in achieving sustainable development”. All of this raises the ‘bar’ of acceptable housing design higher than was required at the time the outline application for this site was determined and it is therefore appropriate to take a fresh look at the layout. Layout, Architecture and Public Realm The applicants have advised in their design and access statement that they are continually re-appraising the housing mix in order to better meet current market conditions. They advise that there is currently a concern due to worsening economic conditions. The applicants – Crest Nicholson confirm that sales of the larger four bedroom units have not been forthcoming. They anticipate that the economic situation and the demand for a large number of the larger four bed units will not change in the near future, hence replacement with smaller units is sought to better reflect current market demand. The proposals will affect an important area of the site – “The Avenue” which forms part of the principle road network and the entrance to the site in Phase 1 both visually and physically connecting the Green and the Public Open Space. The amended plans propose to remove two detached properties and replace them with two sets of semi-detached houses. The houses have been set between 1.2 and 2.3m from the back edge of the pavement which gives a more spacious feel, akin to that in the approved plans and is considered to be acceptable in terms of siting and design. Plots 278 and 279 have been designed to have a dual frontage, which gives interest to both street frontages. The proposed terraces in plots 46 – 48 and 58 while more cramped than that previously approved is not considered out of keeping with the rest of the development and is deemed acceptable in street scene terms and in accordance with policy BNE1 of the local plan and QL1 of the structure plan.

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Neighbourhood Amenities Phase 1 is the northern most parcel of the overall site and as such is situated away from any existing residential properties. Due to the distances involved it is considered that there would be no negative impact on the existing neighbours with regard to overlooking, daylight, sunlight and outlook. The internal layout generally offers a good degree of accommodation for the prospective occupiers and garden sizes are in excess of 35m2 for the 2-bed houses increasing to between approx. 60 – 100m2 for the 3-bed houses. It is recommended that some of the proposed windows are conditioned to contain obscure glazing and some of the flank walls are conditioned to ensure there are no new windows inserted to ensure that there is no neighbourly overlooking at a later stage. Parking areas have been sensibly laid out to ensure that the walking distance from an allocated space to the residence is kept to a minimum. The rear of houses are a minimum of 11m from the flank wall of other houses which ensures that there is no issue created with regard to outlook from habitable room windows. The plans are therefore in accordance with policy BNE2 of the local plan. Noise The previously approved application (MC2007/0821) was supported by an environmental noise assessment. The report demonstrated that the site fell within noise exposure category NEC B and C during the day and night. The report recommends various mitigation measures to ensure that internal and external noise levels are achieved. This is achieved by using varying heights of fencing to gardens, the installation of higher specification glazing to habitable rooms and mechanical ventilation. The recommendations in the report were satisfactory, however, a condition was added to the approval to ensure amenity/garden areas were protected from transport related noise, it is considered that this should be reapplied to any forthcoming consent. Air Quality The previous approved application (MC2007/0821) was supported by a supplementary air quality assessment dated August 2007. This assessed the air quality for the whole of the development site and focussed on the pollutants nitrogen dioxide (NO2) and particulates (PM10). Predicted concentrations for 18 receptors in Phase 1 indicated that the annual mean concentrations are below the 40µg/m3 National Air Quality Objectives (NAQO). Highways The outline application for this site agreed the main access and transport issues. The amendments to this scheme are for the replacement of houses, which does not affect the internal road layout. Each unit is provided with at least one parking space with 7 of the units each provided with a garage and a parking space. This equates to 20 parking spaces for the 12 units – a ratio of 1.66 per dwelling. Specific details of parking levels were not included in

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the outline application, although there was an indication that 1.5 spaces per dwelling would be the target. Although the amended Phase 1 provision is marginally above this standard (set in the Local Plan), 1.5 spaces per dwelling relates to areas of high accessibility. It is considered this site falls into the 'medium' category. In addition, the larger house types generally have two parking spaces each and one visitor parking space is also provided. Overall, therefore, the parking provision is considered acceptable and in accordance with Local Plan Policy T13. Conclusions and reasons for approval The principle of development on this site is established through the outline planning permission [MC2005/0671 (as amended by MC2007/0032)], which permitted consent for residential development, health centre, retail facilities, parking facilities, open spaces, acoustic barrier, new access and landscaping and also through permission MC2007/0821 (as amended by MC2008/0607 and MC2008/1663) for reserved matters (siting and design) for construction of 86 units and associated garages, parking and ancillary works. This current reserved matters application is considered to be acceptable in terms of siting and design having regard to its visual impact and the effect on the amenities of the occupiers of neighbouring and nearby properties, highways and parking. The application is, therefore, considered to be in accordance with the provisions of policies SP3, H4, H5, and T4 of the South East Plan 2009, policies QL1, QL2, and TP19 of the Kent and Medway Structure Plan and Policies BNE1, BNE2, BNE3, BNE6 and T13 of the adopted Local Plan, and is accordingly recommended for approval. This application would normally fall to be determined under Officers’ delegated powers but is reported for Members’ consideration because of the number of representations that have been received contrary to the officer recommendation.

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6 MC2009/0522

Date Received: 22nd April 2009

Location: Land to the North of the Brook and land to the East of Union Street

Junction Chatham Proposal: Change of use to highway land to facilitate the proposed construction

of new highway and demolition of residential properties along with associated engineering and landscaping works

Applicant: Sara Purvis On Behalf Of Medway Council Civic Headquarters Gun

Whrf Dock Road Chatham Kent Agent: Mr Ellingham Alliance Planning 14-15 Halifax House Frederick Road

Edgbaston Birmingham B15 1JD Ward: River Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval with Conditions 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2 Unless otherwise agreed by the Local Planning Authority, development other than

that required to be carried out, as part of an approved scheme of remediation must not commence until conditions 3 to 6 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 6 has been complied with in relation to that contamination.

3 An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site. The scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

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• human health • property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes. • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

4 A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

5 The approved remediation scheme must be carried out in accordance with its

terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and submitted to and approved in writing by the Local Planning Authority prior to the bringing into use of the development.

6 In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 3, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 4, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in the approved remediation scheme a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 4 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be prepared, which is

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subject to the approval in writing of the Local Planning Authority in accordance with condition 5.

7 Prior to the commencement of the development hereby permitted, a construction

code of practice that describes measures to control noise and dust impacts arising from the construction phase of the development shall be submitted and approved in writing by the Local Planning Authority. Construction shall be undertaken in accordance with the approved code of practice.

8 No development shall take place until full details of both hard and soft landscape

works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; means of enclosure, vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures (e.g. external furniture, storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc); Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

9 All hard and soft landscape works shall be carried out in accordance with the

approved details. The works shall be carried out in accordance with the implementation programme agreed with the Local Planning Authority under condition 8. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

10 No development shall take place until a schedule of landscape maintenance for a

minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

11 Prior to the commencement of development, details of the treatment of the area to

the existing ramps to the bus station, including any engineering and landscaping, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details.

12 Notwithstanding the noise report already submitted prior to the commencement of the

development a further noise report detailing the impact on the amenity of occupiers of adjacent residential properties from road traffic noise when the works are completed shall be submitted and approved in writing by the Local Planning Authority. The report shall include recommendations for mitigation and shall be carried out as approved.

For the reasons for this recommendation for approval please see planning appraisal section and conclusions at the end of this report.

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Site Description For the purposes of this report the sites have been separated to enable clarity:- The Brook – The site runs in a linear strip along The Brook from outside Crown House and extends to the corner of King Street. The application site also includes the existing ramps, which serve the Pentagon Bus Station. The site extends across the frontage of Crown House and properties 85-105 The Brook that includes private gardens, car parking and green space and into the corner of 105 The Brook and King Street, which is currently an area of green space. Along the southern side of The Brook, the proposed development will incorporate a new footpath and sections of widened carriageway on the approach to the new footpath and sections of widened carriageway on the approach to the junction Globe Lane. The application site continues along the northern side of The Brook from King Street and extends to Queen Street. This area is occupied by hard standing land along the frontage of the Southern Water Pumping Station and the site of a former petrol filing station. The application site continues from the corner of Queen Street and The Brook and covers the frontage strip to Slicketts Hill. The site follows the edge of an existing surface car park facing The Brook, which is boarded with soft landscaping of grassed areas at the corner of Slicketts Hill. Union Street – The site is bounded by The Brook to the north, High Street to the north west and New Road to the South. Commercial and residential properties are located to the west. An existing car dealer and car park is located to the east of the site on Union Pace and Gala Bingo. Currently Union Street is at a higher level than the adjacent properties to the east and is separated from them by a small retaining wall. The site can be accessed through Union Street, High Street and Union Place. The site includes a number of commercial premises and is occupied by a car dealership, car park, public highway and an electricity sub station. The majority of the site is covered with hard standing and is bounded by existing landscaping and green space along the southern part of the site adjacent to New Road. Proposal This is a full planning application for the change of use of land to highway land to facilitate the proposed construction of new highway along with associated engineering and landscaping works at land to the north of the Brook and land to the east of Union Street Junction. Road Improvements include:

• Junction improvement and realignment of Union Street, which will build additional capacity into the network in this location and a short length bus lane on the High Street at the junction with Union Street.

• Widening of the Brook. This will assist traffic movements and create additional capacity to accommodate future traffic growth and re-routing as a result of the

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proposed closure of Globe Lane to general traffic This application only seeks planning permission for those works, which are taking place on non-highway land. The Brook – Land to the front of Crown House along The Brook will be developed to provide a new shared pedestrian/cycle footway and will retain the existing in/out access arrangement. The proposed new footway will be 4m in width. The new footway will continue along the northern strip of The Brook along existing frontage to the corner of Slicketts Hill. The proposed carriageway will be widened to between 11 and 17m to provide additional traffic lanes and central islands to provide pedestrian crossing opportunities. As a result of the widening the proposed development will involve the demolition of properties 85, 87, 101, 103 and 105 The Brook to construct the new footpath. The site of 101-105 The Brook will be re-graded to remove the need for a retaining wall in this location, however retaining walls are proposed along the frontage of the Southern Water pumping station at the corner of King Street and The Brook and at numbers 85 to 93 The Brook to overcome level differences. New carriageway improvements and footpath will continue along both the corners of the junction with King Street. The footpath along this section will be 4m in width. In order to accommodate the proposed footpath and new carriageway as part of the road widening, land will need to be acquired to the corner of the King Street junction. From Queen Street to Slicketts Hill, the proposed development will involve the removal of existing landscaping and trees which are located along the perimeter of the site, which borders the existing surface level car park. Replacement landscaping is proposed as part of the development. Union Street Junction – The overall scheme for the Union Street improvement involves the widening and realignment of Union Street to provide improved capacity for north/south traffic movement. It is also proposed that a flare lane will be introduced in the proposed layout to segregate left turning traffic from Union Street onto Best Street which will assist in increasing capacity of Union Street for straight ahead traffic. Please note that this application only applies to that section of the works that occur on land, which does not fall within Highway Land. The development will involve the realignment of Union Street by the creation of a new carriageway on the eastern side of the existing highway. In addition to the proposed carriageway, the proposed development will also introduce a new footway and cycleway along the eastern boundary, linking High Street, Union Street and New Road. A 1m retaining wall is proposed along the eastern boundary of the site. Union Street is proposed to be widened to provide three traffic lanes in each direction within a carriageway width of approximately 21.5m. Between New Road and Best Street, one lane on the west side of the road is proposed to be for traffic turning left from Union Street into Best Street. On the east side of the road one of the lanes is proposed to be used for traffic turning left into New Road. The alignment of these slip-lanes increases the total width of the carriageway in this area.

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Representations The application has been advertised on site and in the press. Letters have been sent to Highways Agency, Kent County Constabulary, English Heritage, Richard Watts Charity. Neighbour notification letters have also been sent to Ground floor Pentagon Centre: Co-op Bank, BSM, Supercuts, Samanthas, Peacocks, Post Office, The Works, Blue Inc, Select, Ann Summers, Early Learning Centre, New Look, Warren James, T-Mobile, Vodaphone, JD, Carphone Warehouse, O2, Ernest Jones, Burtons/Dorothy Perkins, Shakin’ Shakes, Card Factory, Body Shop, 3 Store, Stead and Simpson, Bay, W H Smith, Superdrug, Boots, Café Grill Room, Foot Locker, Orange, Birthdays, Claires, Game, Fragrance Shop, Wilkinson, B’Wise, Sainsburys, Etiquette Dry Cleaners, Subway, Bakers Oven, Azuri, Lenas Jewellery, Guardian Jewellery Co., BB’s Coffee and Muffin, No. 1 Gifts, Koolphones.com, Sky, Crystal Flower and Accessories, Miss NJIE Ltd, Cool Cones, Snack Shack, Latinos. Pentagon Upper Floor: M and J Travel Accessories, Just Fabrics, Stars, Image Centre, Chatham Chinese Herbal Centre, La Villa Café, Kings Church Medway, Esquires, D & A Toys, Timpson, Arriva, NDa Clothing, Café Sinatra, Present Times. Military Road: Alton Ashby Solicitors, Fitness First, Robinson Michael and Jackson, Red Menswear, Adecco, William Hill, Greyfox, Your Move, Yorkshire Building Society, H Samuel, Halifax, Blueberry Park, Ward & Partners, Chatham Snooker Club, Money Shop, Connect Personnel Ltd, Mountbatten House. Medway Street: William James Used Cars, Coombes of Medway, Times of Medway, Barton Car Sales, Mobile Music, BBC Radio Kent, Kent Cooling Direct, Weaverings, Piggys, The T-Shirt Shop, Print Buzz, Barneys of Chatham, Age Concern, Marriage Care, Relate Marriage Guidance. The Brook: Army Careers, The Brook Theatre, Churchills Pub, Brook House, Job Centre, Former Police Station, Medway Magistrates Court, Crown House, Former Petrol Station, Coslo Ltd, Tescos, 85, 87, 101, 101a, 103, 103a, 105, 105a, 112, Brooklands Transport, Rope Walk King Street: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 15 Queen Street: 1, 3, 5, 7, 9, 11, 18, Juddys Luncheon Club Cross Street: 9, 9a, flat A 9a, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, first floor 31, 33, 35, 36, 37, 39, 41, 43, 45, 47, 49, 50, 51, The training Network, Batchelor Street: Halfords 1-3 High Street: 302-304, Varleys Electrical 302-304, 306-308, Yale Shop 306-308, Smith and Sons 306-308, Albury House 310, Jekyll Menswear Albury House 310, 1, 2, 3 and 4 Albury House 310, Roots and Co 301a, 310a, 321, People Recruitment Services 321a, The Flat 321a, 321a, 323, BSM 323, Gala 342, The White Lion Hotel 325, Flat A White Lion Hotel 325, Garo Properties, Garda (Uk) Ltd,

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Union Street: PDSA Veterinary Centre, Flats 1, 2 and 3 PDSA Veterinary Centre, New Albany Motors 7 letters from 6 households have been received relating to:

• Road coming closer to residential property – increase in traffic and noise • Plans appear to have been prepared with little or no consideration to the residents and

properties within the area and with no real consultation with residents • Pollution, noise and vibration levels will increase • Cannot see how the changes will attract shoppers and visitors to Chatham • Render Best Street as redundant when it could be used a as relief road for traffic

coming into town • Increase danger to inhabitants and locals with increased traffic flow and increase in

road traffic accidents • Proposals are contrary to the decision in 2004 by The Council to use “Option 2” which

made use of both Best Street and the A2 (New Road) for all vehicles • Health risk from noise and pollution increase • Possible structural damage • More traffic will pass through the Conservation Area • Incomplete picture of traffic due to the counts only being taken in the morning and not

across the whole day • Air quality and Noise predications are not robust because they are not based on up to

date traffic counts • No apparent input to this planning proposal from the Design and Conservation officer

of Medway Council • No attempts have been made to mitigate the effects of this proposal on the residents

in Gibraltar Terrace • House values will be affected • All possible road works should be carried out before the flyover is removed

The Highways Agency have written with no objection Age Concern have written asking what the purpose of informing a tenant of Medway Council was and whether they have been specifically sent a letter or part of a letter drop. They are also seeking an extension on the timescale in which to respond – During a telephone conversation on 1 May 2009 they were advised of how the Council consults; an extension to the timescale was also agreed. Southern Water have written to advise that the existing Southern Water plant (sewers and water mains) may require diversion for protection. These details will need to be resolved under the New Roads and Street Works Act Development Plan Policies The following Central Government guidance is relevant:

PPS1 (Delivering Sustainable Development) PPS6 (Planning for Town Centres) PPS13 (Transport) PPG15 (Planning and the Historic Environment)

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South East Plan 2009 Policy SP2 (Regional Hubs) Policy SP3 (Urban Focus and urban renaissance) Policy T1 (Manage and Invest) Policy T13 (Intermodal Interchanges) Policy T14 (Transport Investment and Management Priorities) Policy TC2 (New Development and Redevelopment in Town Centres) Policy KTG1 (Core Strategy) Kent and Medway Structure Plan 2006

Policy ME1 (Medway) Policy QL1 (Quality of development and design) Policy QL2 (Priorities for the public realm) Policy QL6 (Conservation Areas) Policy QL11 (Protecting and enhancing existing community services) Policy QL12 (Provision for new community services and infrastructure) Policy NR5 (Pollution impacts) Policy NR6 (Development Sensitive to Pollution) Policy TP1 (Integrated Transport Strategy) Policy TP2 (Assessment criteria for transport proposals) Policy TP11 (Facilities for pedestrians and cyclists)

Medway Local Plan 2003

Policy S4 (Landscape and urban design) Policy BNE1 (General principles for built development) Policy BNE2 (Amenity protection) Policy BNE3 (Noise standards) Policy BNE5 (Lighting) Policy BNE6 (Landscape Design) Policy BNE7 (Access for All) Policy BNE12 (Conservation Areas) Policy BNE18 (Setting of Listed Buildings) Policy BNE23 (Contaminated Land) Policy BNE24 (Air Quality) Policy BNE43 (Trees and Development Sites) Policy H2 (Retention of Housing) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T5 (Bus Preference Measures) Policy T6 (Provision for Public Transport) Policy T18 (New Transport Infrastructure) Policy T22 (Provision for People with Disabilities)

Chatham Centre and Waterfront Development Brief August 2008 Screening Opinion The purpose of a screening opinion is to establish whether an Environmental Impact Assessment (EIA) required.

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The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 sets out descriptions of development and the applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”. The proposed development is considered to come under part 10 “Infrastructure projects” section (b) “Urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas”. Taking into account the thresholds and criteria under Schedule 2 part 10 (b) and the information under Schedule 3 it is considered that the development does not require an Environmental Impact Assessment. Planning Appraisal Introduction and background The proposal represents an integral part of an overall masterplan for the Chatham Town Centre and Waterfront area as set out in the adopted Chatham Centre and Waterfront Development Brief 2008. A key objective of the overall regeneration of the Town Centre is to encourage greater use of public transport in and around Chatham, through the use of Bus priority measures. Other objectives include:

• Improving access and connectivity between the main shopping area, public transport facilities and the Waterfront and the rail stations;

• To strengthen the connectivity between two halves of the High Street by the removal of Sir John Hawkins Way Flyover and encouraging movement to the Waterfront

• To improve accessibility and connectivity for pedestrians and cyclists; • To deliver high quality public realm; and • To rationalise and enhance the current disjointed car parking arrangements

To enable the above aspirations to be delivered the proposed application forms part of a wider package of highway improvements collectively known as Phase 2 Chatham Road Improvements. Phase 1 improvements involved the introduction of the two-way system and temporary closure of the Sir John Hawkins flyover. Phase 2 Chatham Road Schemes were considered by the Councils Cabinet on 24 June 2008. They have also been subject to pre-application discussions with the Highways Authority and Environment Agency. The 2008 Development Brief also sets out a Masterplan for The Brook and the Union Street junction, which includes:

• Transforming the character of the Brook to become an attractive pedestrian-friendly and cycle friendly boulevard environment with a high quality public realm

• Realigning the junctions where Best Street and the High Street meet Union Street • Enabling the area outside of Tesco at Union Street to become a civic square linking

the boulevard to the pedestrianised John Street which would become a focus for day and evening activities, a place for public events, provide areas to sit outside and relax and include improved pedestrian crossings

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• Widening of the Brook whilst improving the pedestrian environment and creating a more permeable network, improving pedestrian crossings and potentially providing a third major crossing along the Brook, either in front of the Pumping House or at a future entrance to the Pentagon. This crossing would link through to the High Street and to the Great Lines

• Closing the gaps of the national and local cycle network. Special attention is given to detailed design and signage of the line from the Town Hall Gardens/Whiffens Avenue to the national cycle route along Globe Lane and on the upper High Street. The most direct connection is the Brook, which is to incorporate a cycle route

Streetscene and Landscaping Areas of existing landscaping and green spaces from Queen Street leading to Union Street and to the east of Union Street Junction are proposed to be removed as part of the development. The arboricultural survey identifies that a total of 28 individual trees and 5 small groups (<10 number trees) have been identified standing on or immediately adjacent to the proposed works across the sites at The Brook and Union Street. The area along the Brook, which links the area of greenspace with Union Street has intermittent tree planting and generally comprises of young ornamental planting within planting beds adjacent to the footpath and/or within a small grassed area adjacent to the car park. The trees have been graded as Category C trees within the survey. The trees in the area between Union Street and New Road are primarily young to middle aged Sycamores between 12 and 16m in height. All the trees in this section were graded in the survey as category C trees. Category C trees in the report are those which will not usually be retained where they would impose a significant constraint on development and their removal is generally considered acceptable if required to facilitate any proposed development. On balance the scheme is considered to be in accordance with policies BNE6 and BNE43 of the local plan. Plans have been submitted which indicate areas of new planting with low shrub planting along the route of The Brook. The plans are somewhat indicative and it is considered that a condition is imposed to secure a good planting scheme to soften the appearance of the hardsurfacing. A condition specifically dealing with the vehicular ramps to the Pentagon Centre is also recommended to ensure that this area is properly dealt with. This is particularly important because the road scheme proposed links with the current undetermined application for the dynamic bus facility and any alterations to that proposal could alter the way the ramps are considered. Affect on Conservation Area and Listed Buildings The proposal falls outside the boundary of the Conservation Area and Scheduled Ancient Monument located to the north west of the site. The widening of The Brook and the construction of a new footway, located on the southern side of The Brook are not considered to have any adverse impact on the setting of The Brook Theatre (Listed Building), Scheduled Ancient Monument or Conservation Area due to the siting of the proposed development in relation to these features. The development is therefore considered to be in accordance with policy QL6 of the Structure Plan and policies BNE12 and BNE18 of the Local Plan.

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Loss of residential Accommodation Policy H2 seeks to ensure that existing housing is retained in residential use as far as possible to ensure that redevelopment or change of use of existing dwellings for non-residential uses does not lead to the increased pressure for the release of fresh land for housing. The policy does however recognise that in exceptional circumstances some changes to provide specifically needed facilities may be of benefit to the local community. It is considered that the loss of the residential units along The Brook fall under part (ii) of the policy exception, which allows for the loss of existing residential accommodation as long as “the proposal would provide facilities of significant benefit to the immediate local community.” It is considered that the overall benefits of the Phase 2 road scheme far outweigh the loss of 85, 87, 101, 103 and 105 The Brook and no objection is raised. Air Quality An air quality assessment of the dynamic bus facility and phase 2 highway improvements has been submitted in support of this application. The methodology, results and conclusions in the assessment are considered to be acceptable. Construction phase – The assessment has identified that the construction phase would generate temporary adverse dust impacts. The assessment suggests that a construction management plan that uses the methodology within current best practice guidance is adopted to reduce the risk of dust nuisance to nearby residential properties. A suitably worded condition is therefore recommended. Operational phase – A detailed dispersion model has been used to predict the impact of Phase 2 of the Chatham town centre highway improvement in addition to a qualitative assessment. The introduction of a bus/taxi/cycle only road on Sir John Hawkins Way and Globe Lane is considered to have an overall beneficial effect on air quality. The operational phase is predicted to result in substantial beneficial impacts on air quality on the northern end of The Brook, Rochester High Street, the northern end of Maidstone Road, on Railway Street in the air quality management area and on Chatham High Street. As the changes to the highway divert more traffic on to the A2, adverse impacts are predicted on the A2 and the southern end of The Brook. However, the assessment has shown that on balance, the whole of Phase 2 of the scheme can be considered as having a slight impact in terms of air quality on the study area. The development is therefore considered to be in accordance with policy NR5 of the Structure Plan and policies BNE2 and BNE24 of the Local Plan. Noise A noise impact assessment of the dynamic bus facility and phase 2 highway improvements has been submitted in support of this application. The methodology, results and conclusions in the assessment are considered to be acceptable. Construction phase – Predictions have been made of the worst-case noise levels from various construction operations, which indicate that significant noise levels may be experienced at sensitive premises near to the site. The assessment suggests that a construction management plan that uses the methodology within current best practice

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guidance is adopted to reduce the risk of noise nuisance to these properties. The condition relating to a construction code of practice recommended above addresses this issue. Operational phase – Predictions of traffic noise impacts resulting from the overall scheme indicate that noise levels would increase on some links and reduce on others. There will be a minor to moderate adverse impact at some properties. This change in noise level would be clearly perceptible in the short and long term. No reference has been made in the report to the noise insulation regulations 1975. These enable residents subjected to additional noise at or above a specified level through the use of a new or improved roads to benefit from a reduction in the noise level inside buildings by means of secondary glazing, supplementary ventilation and, where appropriate, Venetian blinds and double or insulated doors. A suitably worded condition is suggested to be added to any permission to ensure that the development is in accordance with policies BNE2 and BNE3 of the Local Plan. Contaminated Land The applicant has submitted the following reports in support of their planning application:

• Union Street Junction, Chatham Centre and Waterfront Regeneration, Geotechnical Desk Study undertaken by Mott MacDonald dated March 2009 (report reference: 219596-IN32-DS-FNG02)

• The Brook Widening, Chatham Centre and Waterfront Regeneration, Geotechnical Desk Study undertaken by Mott MacDonald dated March 2009 (report reference: 219596-IN32-DS-FNG04)

The desk top study includes a site history, site walkover, information on the geology and hydrogeology at the site. A conceptual site model has been developed for the site. The desk top study recommends that a site investigation is undertaken to support the conceptual site model. The reports, which have been submitted by the applicant, are acceptable, however the recommendations made in the reports need to be implemented by the applicant and a suitably worded condition is recommended to be placed on any permission. Highways The main part of the Phase 2 Highway Improvements are to be constructed within the existing highway, with the exception of short sections on the east side of Union Street and the north side of the Brook. This application requests that these sections be granted planning permission for a change of use to highway land, the development of which will facilitate the overall scheme to improve capacity for north/south traffic movement following the closure of Medway Street and Globe Lane to through traffic. This overall scheme is in line with the Chatham Centre and Waterfront Development Brief, adopted in August 2008. The Brook, from Land to the front of Crown House to its junction with Slicketts Hill and land opposite Whiffens Avenue

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The proposed redevelopment of this land will provide part of a new 4m wide shared pedestrian/cycle footway on the northern side of the Brook, retaining the existing access and egress arrangements. The new footway will continue along the northern strip of the Brook, incorporating the junctions with King Street and Queen Street along the existing frontage to the corner of Slicketts Hill. Tactile paving is proposed at pedestrian crossing points. The proposed change of use will facilitate the provision of two running lanes in each direction, from the Pumping Station to Slicketts Hill, which will offer increased capacity over this section of the network. The Transport Assessment indicates that journey times with the Brook fully widened in 2011 are close to 2007 levels. If only a partial widening were possible, increased traffic levels due to closure of Globe Lane, background growth and other growth would increase journey times above 2007 levels. Widening of the Brook will also enable improved access to future development and regeneration sites off Rope Walk, Cross Street and Whiffens Avenue. It will incorporate new public transport infrastructure and the widened footway will promote a pedestrian friendly environment. It will also provide cyclists with an improved connection between the waterfront area and the north side of the Brook and to NCN1. The proposed development is therefore considered to accord with the transport policies of the Local Plan. Union Street The proposed development comprises the change of use from public car park/van hire to highway land. The proposed use of the land within the application site will comprise a new section of carriageway and a new section of footway and cycleway linking the High Street, Union Street and New Road. It will also contain a new access on to Union Place, with the existing access on the Upper High Street restricted to vehicle egress only. Development of the application site will facilitate the overall scheme to improve capacity for north/south traffic movement following the closure of Globe Lane and the introduction of a westbound bus lane on the Upper High Street, which will require the re-routing of through traffic via Best Street/New Road, Union Street and The Brook. This will be achieved through the widening and realignment of Union Street to provide three traffic lanes in each direction within a carriageway width of approximately 21.5m. The remainder of the scheme, which is outside the application site, envisages the introduction of a flare lane to segregate left-turning traffic from Union Street on to Best Street, which will further increase the capacity of Union Street through the provision of two dedicated lanes accommodating straight-ahead traffic. The proposed development at the Union Street junction, in conjunction with the remainder of the Phase 2 Highway Improvements that do not form part of the application site, have been subject to a full Transport Assessment that considers the impacts of the proposed development on existing traffic and transport provision, pedestrians, cyclists and public transport operations. The traffic modelling work undertaken indicates that the proposed layout of the Union Street junction provides additional traffic capacity. A minor increase in journey times and queue lengths is expected by 2011, these increases are relatively small and can be attributed to additional traffic demand rather than the redistribution of traffic as a result of the Phase 2 highway improvements. Whilst the redevelopment of the application site will result in the loss of the 30-space Union Street car park, it is considered that the remaining 21 car parks in Chatham town centre are able to absorb the displaced parking in the short-term. The long-term parking strategy for Chatham envisages an increased level of public car parking in the town, albeit concentrated in a smaller number of key locations.

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In light of the above, no objection is raised in respect of the Transport Policies of the Local Plan. Because the application sites are small and contain only very small elements of the overall highway scheme, no planning conditions related to highway/transport matters are recommended. The scheme as a whole will be subject to the usual Technical Appraisals and Safety Audits as part of the highway amendment process. Conclusions and Reasons for Approval The proposal to change the land use of sections of The Brook and Union Street to highway land to facilitate the proposed construction of new highway and demolition of residential properties along with associated engineering and landscaping works enable the aspirations set out in the 2008 Development Brief to be delivered. The proposal is considered acceptable in terms of amenity, highway and all other material planning considerations. It is therefore recommended that the proposal be approved subject to the imposition of appropriate conditions. The proposal therefore accords with the provisions of Policies SP2, SP3, T1, T13, T14, TC2, KTG1 of the South East Plan 2009, policies ME1, QL1, QL2, QL6, QL11, QL12, NR5, NR6, TP1, TP2, TP11 of the Structure Plan and Policies S4, BNE1, BNE2, BNE3, BNE5, BNE6, BNE7, BNE12, BNE18, BNE23, BNE24, BNE43, H2, T1, T2, T6, T18 and T22 of the adopted Local Plan and the application is accordingly recommended for approval. The application would normally be determined under delegated powers but is being referred for member consideration due to the fact it is a council application, due to its significance and the number of letters of representation received.

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7 MC2009/0682

Date Received: 20th May 2009

Location: Land Rear of 43 and 44 Chalk Pit Hill Chatham ME4 5SU Proposal: Demolition of existing buildings and construction of three 2-

bedroomed terraced houses with associated parking spaces Applicant: Combe Bank Homes Ltd Chequers Barn Bough Beech Edenbridge

Kent TN8 7PD Agent: Mr B Morse Pentar Architects Ltd Tanyard House High Street

Edenbridge Kent TN8 5AR Ward: Chatham Central Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval with Conditions (as amended by plans received on 10th June 2009) 1 The development hereby permitted shall be begun before the expiration of three

years from the date of this permission. 2 Unless otherwise agreed by the Local Planning Authority, development other than

that required to be carried out as part of an approved scheme of remediation must not commence until conditions 3 to 6 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 6 has been complied with in relation to that contamination.

3 An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site. The scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

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(ii) an assessment of the potential risks to:

• human health • property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes. • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

4 A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

5 The approved remediation scheme must be carried out in accordance with its

terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and submitted to and approved in writing by the Local Planning Authority prior to the bringing into use of the development.

6 In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 3, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 4, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in the approved remediation scheme a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 4 are complete and identifying any requirements for longer-term monitoring of pollutant linkages,

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maintenance and arrangements for contingency action must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 5.

7 No development shall take place until there has been submitted to and approved in

writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before any part of the development is occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

8 Details and samples of any materials to be used externally and any means of

enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

9 The first floor bathroom and stairwell windows on the front elevations shall be fitted

with obscure glass and shall be non-opening apart from any top hung fan light. 10 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows shall be installed in the flank wall(s) of the dwelling herein approved without the prior written approval of the Local Planning Authority.

11 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development within Part 1 Classes A-E of the Second Schedule to the Order shall be carried out on the site without the prior written approval of the Local Planning Authority.

12 No development shall take place until full details of both hard and soft landscape

works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures (e.g. refuse or other storage units). Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

13 All hard and soft landscape works shall be carried out in accordance with the

approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

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14 Prior to the commencement of development details of a domestic sprinkler system to be installed in all the dwellings herein approved shall be submitted to and approved in writing by the Local Planning Authority. The approved sprinkler system shall be installed prior to first occupation of any of the dwellings and shall thereafter be maintained.

For the reasons for this recommendation for approval please see planning appraisal section and conclusion at the end of this report.

Site Description The site consists of a piece of land behind the frontage houses on Chalkpit Hill together with access from this road between Croft, an end of terrace house to the north, and number 44, one of a semi-detached pair to the south. The main part of the site currently contains a workshop building along the rear of the site together with three attached garages/stores in front on the southern side. To the rear of the site is a cliff face, dropping steeply down. There is a timber yard (Travis Perkins) on this much lower ground behind. The site entrance onto Chalkpit Hill lies between the junctions with Leopold Road to the north and Palmerston Road and Albert Road to the south. The surrounding houses are mainly terraced and few have off-street parking facilities meaning that demand for on-street spaces is generally high. Proposal The proposal is for the demolition of the existing buildings and construction of three 2-bedroomed terraced houses with associated parking spaces. The terrace would be set back from the highway by approximately 35 metres. The terrace would be 15.5 metres in length and 7 metres in depth with each property having a width of approximately 4.7 metres. The terrace would have a pitched roof with hipped ends measuring 4.8 metres to the eaves and 6.6 metres to the roof ridge. Each property would have a canopy over the front entrance door and a private amenity area measuring approximately 7 metres in depth and 5.5 / 6 metres in width. The internal layout would result in a hall, toilet, kitchen and living / dining room at ground floor level and 2 bedrooms, a bathroom and airing cupboard at first floor level. Three on site parking spaces are proposed that equates to a parking ratio of 1:1. A revised plan has been submitted amending the entrance of the site with Chalk Pit Hill. The bin store that was originally proposed has been removed and replaced with a waste presentation point and planting.

Density Site Area: 0.05 ha (0.123 acres) Density: 60 dph (24.4 dpa)

Relevant Planning History 93/0811 Proposed erection of five 1-bedroomed, terraced houses with associated

car parking. Refused 14 December 1993

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94/0380 Proposed erection of four 2-bedroomed, terraced houses with garages

and parking. Refused 8 August 1994 Appeal Dismissed 5December 1994

MC2008/0354 Demolition of existing buildings and construction of three 3-bedroom

terraced houses with associated parking. Refused 9 June 2008 Appeal Dismissed 17 December 2008

MC2009/0327 Demolition of existing buildings and construction of three 3-bedroomed

terraced houses with associated parking spaces Refused 30 April2009 Representations The application has been advertised on site and neighbour notification letters have been sent to the owners / occupiers of 4, 6, 8, 10, 12, 14, 16, 17a, 17a (Flat A), 17b, 17b (Flat B), 18, 19, 20, 22, 24, 26 and 28 Curzon Road; 26, 27, 28, 29, 30, 31, 32, 36, 37, 40, 43, 44, ‘Holmside’, ‘Avondale’, ‘Cameo’ and ‘Croft’ Chalk Pit Hill; 2 Beaconsfield Road and Travis Perkins Jenkins Dale. 3 letters of representation have been received in objection to the application and raising the following concerns: -

• Loss of light, privacy and noise to 40 and 44 Chalk Pit Hill • Existing garage has no windows and closes at 18:00 and so results in no loss of

privacy to neighbours • Difficult access for emergency services due to local residence parking • Parking allocation insufficient • Dust, noise and increased vehicles during construction • Loss of light to 28 Chalk Pit Hill

Kent Fire and Rescue Service have written to advise that there is either a need for a fire appliance turning space on site or for a domestic sprinkler system for each of the properties. Development Plan Policies South East Plan 2009 Policy BE1 (Management for an Urban Renaissance) Policy H5 (Housing Design and Density) Policy T4 (Parking) Kent and Medway Structure Plan 2006 Policy QL1 (Quality of Development and Design) Policy EN9 (Trees, Woodland and Hedgerows) Policy HP2 (Housing Provision: Phasing, Assessment and Sequential

Approach to Location)

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Policy HP4 (Housing: Quality and Density of Development) Policy TP19 (Vehicle Parking Standards) Policy NR6 (Development Sensitive to Pollution)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE23 (Contaminated Land)

Policy BNE43 (Trees on Development Sites) Policy H4 (Housing in Urban Areas)

Policy H5 (High Density Housing) Policy H9 (Backland and Tandem Development) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T13 (Vehicle Parking Standards)

Planning Appraisal The determining issues in relation to this application relate to:

• Principle and Density; • Backland Development; • Design; • Amenity Considerations; • Highway matters; and • Contaminated Land

Principle The site is located in an urban area as defined by the Local Plan. Policy H4 of the Local Plan says that within the urban area residential development will be permitted subject to a number of criteria, the most relevant being the redevelopment of existing buildings no longer required for non-residential use. Although there does appear to be some use of the existing buildings for workshop/storage use, as this is a non-conforming use in this primarily close-knit residential area it is not considered that its loss would be unacceptable in principle. Similarly the development is not considered unacceptable in principle with regard to Policy HP2 of the Structure Plan as the development would be for the re-use of previously developed land in a major urban area. Policy H5 of the South East Plan advises that a regional target of 40 dwellings per hectare should be achieved subject to local variations. Policy H5 of the Local Plan and Policy HP4 of the Structure Plan refer to the density of development and discourage low densities in order to secure the efficient use of land. The proposed density of 60 dwellings per hectare is relatively high but due to the site location near the centre of Chatham this is not considered unacceptable in principle. The determining criteria is really one of detail in terms of design, amenity and highway matters to be considered below.

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Accordingly the proposal is considered acceptable with regard to the principle of the development and in accordance with policy H5 of the South East Plan 2009, policies HP2 and HP4 of the Kent and Medway Structure Plan 2006 and policies H4 and H5 of the Medway Local Plan 2003. Backland development The proposed development represents backland development. Policy H9 of the Local Plan provides guidance on such proposals and advises that backland development is not unacceptable in principle subject to meeting the following criteria:

(i) There is no loss of privacy from overlooking adjoining houses and/or their back gardens – there would be approximately 24 metres between the main frontage of the proposed houses and the rear of the houses in Chalkpit Hill. The front of the northernmost dwelling would only be approximately 2 metres from the rear of the back garden of Croft. However the only windows at first floor level in the front elevation are shown to be serving bathrooms and stairwells and would be obscure glazed and fixed shut; it is recommended this be controlled by condition. This would overcome any concerns regarding overlooking of dwellings or gardens nearby and it is considered that the scheme would not result in an unacceptable loss of privacy to neighbouring occupants.

(ii) There is acceptable vehicular access – The appeal inspector in the previous appeal raised no objection to the accessing of the site for 3 vehicles.

(iii) There is no significant increase in noise or disturbance to adjacent residents from traffic using the access – the current use of the site is for small-scale commercial purposes. It is considered that the construction of 3 dwellings on site would lead to less noise and disturbance than the existing use, a view shared by the appeal inspector in a previous application.

(iv) Existing natural features, such as trees, which contribute to the amenity of the area are retained or conserved – there are trees at the top of the cliff face to the rear of the site and there is also a tree near the back garden of Croft, within this neighbouring property. The agent says that these trees are to be retained although no Arboricultural report to demonstrate how this would be achieved has been submitted. On balance although the trees are pleasant features it is not considered that they are of such merit that a Tree Preservation Order (TPO) should be made or that the amenity of the area would be unacceptably harmed by their loss. In these circumstances the development is considered satisfactory with regard to the advice given in Policy EN9 of the Kent and Medway Structure Plan 2006 and Policy BNE43 of the Medway Local Plan 2003.

(v) There is adequate amenity space for the existing and proposed dwellings – the proposed dwellings would have garden depths of approximately 7 metres and widths of 5.5 metres to 6 metres. In addition there would be a cliff face at the rear of these back garden areas, meaning that particular care would be needed in order to ensure that there would be a safe, stable rear boundary enclosure. This scheme has revised the number of bedrooms in the dwelling reducing them from 3-bedroom to 2-bedroom. The garden sizes are similar to those in one of the previous applications at which the inspector commented ‘the length and width of garden areas proposed for the new dwellings would provide amenity space that, whilst modest in size, are not unreasonably small relative to the amount of accommodation within the houses.’ Accordingly it is considered that these garden sizes and conditions are reasonable for the proposed 2 bedroom properties. However to ensure that adequate space is retained for occupants of the dwellings

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a condition is recommended to remove permitted development rights that could otherwise lead to loss of valuable rear garden space.

(vi) The character and amenity of the area as a whole is maintained – although the site is in a backland position as it is already developed it is considered that its redevelopment for residential purposes need not necessarily harm the overall character and appearance of the surroundings.

In summary it is considered that the proposed development would be in accord with the advice given in Policy H9 of the Medway Local Plan 2003.

Design The street scene in Chalk Pit Hill consists of properties of varying design and style though generally the properties are traditional Victorian / Edwardian 2-storey terraces. The site is set back from the pavement edge and as such does not contribute significantly to the street scene however the development would be visible and should result in an attractive design in its own right. The design of the proposed dwellings is simple and generally complements the designs of the terraced properties in the area and as such it is considered that the development proposed would not be harmful and inappropriate in relation to the character, appearance and functioning of the area. The small element of planting at the entrance of the site from Chalk Pit Hill would also be a positive addition to the street. Accordingly the design of the development is considered to be in accordance with the advice given in Policy BE1 of the South East Plan 2009, Policy QL1 of the Kent and Medway Structure Plan 2006 and Policy BNE1 of the Medway Local Plan 2003. Amenity Considerations The impact of the development on the privacy of neighbours and the impact of noise and disturbance have already been considered above. The proposed dwellings would be at a lower level than the neighbouring dwellings in Chalkpit Hill due to the slight fall in ground levels. This is helpful in minimising the impact of the proposed building on the outlook and light of these existing properties. The proximity of the northernmost of dwelling to the rear garden of ‘Croft’ would remain as with the previous application however the scale and massing of the terrace has been reduced and due to the presence of a tree close to this boundary the most usable space for occupiers of ‘Croft’ would be away from the rear boundary with the site. As such no concern is raised with regard to dominance from the rear garden of ‘Croft’. No windows are proposed in the side flanks of the terrace and as such would not result in direct overlooking of neighbouring rear gardens to the north and south; a condition is recommended to control this. Consideration should also be given to the amenities of future occupiers in the dwellings. As discussed above the sizes of the dwellings would provide suitably sized properties. The arrangement of fenestration in the dwellings would result in acceptable levels of outlook, light and privacy. Overlooking would be possible from windows in the rear elevations however any impact would be mutual and as such is considered acceptable. Accordingly the impact of the development on amenity is therefore considered acceptable including with regard to the advice given in policy QL1 of the Kent and Medway Structure Plan and policy BNE2 of the Medway Local Plan 2003.

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Highways and Parking In a previous appeal the inspector concluded that in highway terms a scheme of 3 No 3-bedroomed houses with 3 parking spaces was an acceptable provision of car parking on site. This proposal has 3 spaces for 3 No 2-bedroomed properties. It is felt that the proposed site use would be an improvement upon the existing and would generate fewer vans and HGV’s and the nature of the highway in this area is such that on-street parking by occasional visitors is the norm. The access road is 4.1 metres wide and this is considered to be acceptable provision and should be maintained along the length given the restricted nature of Chalk Pit Hill itself. It would not be advisable to allow parking along the access road and the location of the waste presentation point and planting would prevent any parking in the bell mouth. Kent Fire and Rescue are concerned about the lack of a turning space for fire appliances on site and consequently a domestic sprinkler system is necessary for each property and an appropriate condition is recommended. Accordingly the proposal is considered acceptable with regard to the impacts on the highway and is in accord with policy T4 of the South East Plan 2009, policy TP19 of the Kent and Medway Structure Plan 2006 and policies T1 and T13 of the Medway Local Plan 2003. Contaminated Land A Preliminary Site Assessment Report has been submitted that includes a desktop study and a limited site investigation. The desktop study includes a site history, site walkover, information on the geology and hydrogeology at the site. The limited intrusive investigation involved the excavation of 5 window samples at the site. Soil samples were taken and tested for an appropriate suite of contaminants. Elevated levels of benzo(a)pyrene were encountered in the shallow made ground across the site. Elevated levels of extractable petroleum hydrocarbons were also encountered in WS2. If the site is developed a conceptual site model will need to be developed for the site that identifies potential source-receptor-pathways. Further intrusive investigation works at the site are recommended in the report and these results will need to be submitted to the local planning authority along with a remediation strategy. The site has previously been used as a garage workshop and it is likely that underground tanks are located at the site. A condition is therefore recommended for further investigation works in the area of the underground tanks. If the tanks and associated pipework are present at the site they will need to be removed from the site and validation sampling will need to be undertaken in the area of the underground tanks to ensure that all contamination is removed. Accordingly the proposal is considered acceptable with regard to the impacts on contaminated land subject to conditions and is in accord with policy BNE23 of the Medway Local Plan 2003.

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Conclusions and Reasons for Approval The site is located within the defined urban boundary and as such the principle of residential development is acceptable. The building would be of an acceptable size and massing and the proposal is acceptable in amenity, highway and all other material planning considerations. It is therefore recommended that the proposal be approved subject to the imposition of appropriate conditions. The proposal therefore accords with the relevant provisions of the Development Plan and the application is accordingly recommended for approval. The application would normally fall to be determined under officers’ delegated powers but is being reported for Members’ consideration due to the number of letters received expressing a view contrary to the officers recommendation.

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8 MC2009/0496

Date Received: 20th April 2009

Location: 25 Church Street Hoo ST Werburgh Rochester ME3 9AH Proposal: Construction of single storey rear extension to facilitate use of

existing hardware store as tea and coffee house and relocation of hardware store to rear, new shopfront and 1.8m high access gates and railings to side boundary (demolition of detached store and office)

Applicant: Mr T Taggart 25 Church Street Hoo St. Werburgh Rochester Kent

ME3 9AH Agent: Mr S Pokora PEP Architectural Ltd 240 Wilson Avenue Rochester

Kent ME1 2SW Ward: Peninsula Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Refusal 1 The proposed extension, in conjunction with the existing extension and that which

was approved under MC2007/1428 would result in an overdevelopment of the site which by virtue of its size footprint and elongated design would result in a development that has an adverse and detrimental impact on the character and appearance of the street scene and the surrounding area in general. The proposal is therefore considered contrary to the provisions set out in South East Plan Policy BE1, Structure Plan Policy QL1 and Local Plan Policy BNE1.

2 The proposed extension will result in development significantly greater in mass and

bulk than that which exists or has consent, which will further add to the overbearing impact on neighbours by creating a continuous wall of built form along the southern boundary of the rear garden of number 23 and therefore a feeling of enclosure. It will also result in further and unacceptable overshadowing of the rear garden. It is considered that the proposal would result in a detrimental impact on the amenities of neighbours to the site contrary to the provisions set out in Structure Plan Policy QL1 and Local Plan Policy BNE2.

Site Description The application site is a two-storey, end of terrace property located along Church Street within the confines of the village of Hoo. At ground floor, the property operates as an A1 retail unit and at first floor provides residential accommodation. The property has already been

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extended at ground floor level with a single storey rear extension with pitched roof. There are a number of out buildings to the rear. Vehicular access is via Vicarage Lane. Proposal The application seeks full planning permission for the construction of a single storey rear extension to facilitate use of existing hardware store as tea and coffee house and relocation of hardware store to rear, new shop front and 1.8m high access gates and railings to side boundary (demolition of detached store and office). The aim of the proposal is to relocate an existing hardware store from no 25 Church Street to an existing extension to the rear, with a further extension to accommodate storage and administrative functions. This will involve creating a new open and softened frontage to Vicarage Lane. The existing shop façade and interior will be renovated and used as a tea and coffee house.

Relevant Planning History 78/46 New Shop front Approved 8 March 1978 88/441 Use of premises and yard for a car repair business (related to adjoining

shop). Approved 5 July 1988 MC2006/0718 Construction of single storey rear extension to existing shop. Refused 20 July 2006 MC2007/1428 Construction of single storey rear extension to existing shop. Approved 2 October 2007 Representations The application has been advertised by the posting of a site notice and the individual neighbour notification letters to the owner/occupiers of no’s 4, 10, 19, 19a, 21, 23, & Flat A 25 Church Street and 1, 2, 3 & 18 Vicarage Lane, Hoo St Werburgh, Rochester. . 2 letters of representation have been received raising the following concerns:

• Church Street and Vicarage Lane have double yellow lines which are ignored by drivers daily.

• People park on the kerb right on the corner of Church Street and Vicarage Lane when visiting the shop, causing extreme danger on a blind corner leading to Vicarage Lane.

• Why does the village need another tea shop when there is a bakers two doors up with a tea shop.

• Will access in Vicarage Line provide car parking? • At present there are 34 shops in Hoo, 8 of them are involved in the food and drink

area of retail. Is there a need for another one? • There is no provision for parking so customers will park on the corner causing

obstruction.

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3 letter of support has been received advising that the tea room and hardware store would be a great facility to have in the village and believe that supporting small local businesses is very important. Development Plan Policies The South East Plan, 2009:

Policy BE1 (Management for an Urban Renaissance) Policy KTG1 (Core Strategy)

Kent and Medway Structure Plan, 2006:

Policy QL1 (Quality of Development & Design) Policy TP19 (Vehicle Parking Standards)

Medway Local Plan, 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy R18 (A2 & A3 Uses and Change of Use) Policy T1 (Impact of Development) Policy T13 (Vehicle Parking Standards)

Planning Appraisal Principle The site is located close to the centre of the village of Hoo. The proposal also includes for a change of use from A1 to A3 within the existing ground floor accommodation of the application site. The existing A1 use will be located within the existing rear extension area so there will not be a loss of a retail use. Generally, changes of use from Class A1 to A3 (Food & Drink uses) at ground floor level will be permitted except where such a use would cause harm to amenity or highway considerations or where cumulatively there would be a problem caused. In this instance the proposal is not far from a public car park and any approval could be conditioned to control hours of opening. The application site itself is located off the main High Street area of Hoo. There is a public house further down Church Street on the opposite side of the road from the site itself. It is not considered that the introduction of a small tea room would result in an unacceptable impact to the area, and being situated a suitable distance away from other such uses along the High Street would not result in a detrimental cumulative impact. There are no objections to the principle of the change of use of the site to accommodate tea room, hardware store and office space. The application is considered acceptable under the provisions set out under Local Plan Policy R18.

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Street Scene and Design The application site is a corner plot located at the junction of Vicarage Lane and Church Street. The southern side of the property is visible from the road. There is a large shed/store located along the rear (eastern) boundary of the site, which is to be demolished as part of this proposal, to which there are no objections raised. The proposed extension itself would project from the existing rear extension, across the whole rear yard area of the site itself, finishing at the eastern boundary of the site. The proposed extension would have a pitched roof, which would be of the same height as the existing rear extension. As the proposed extension would project across the whole rear area of the site it is considered that it would result in an overdevelopment of the site. The south elevation of the proposed extension results in a monotonous addition to the street scene in Vicarage Lane, which is unacceptable and out of character with the area. The site has planning approval, under MC2007/1428, for a smaller extension to the rear off the existing extension to the building. There was no objection raised to this especially given the remaining area to the rear being left undeveloped. This current application includes for an additional section of development, resulting in the whole of the site being ‘built upon’. This is overdevelopment of the site and out of character with other development in the area, especially given the close proximity to residential dwellings to the east of the site. The proposed extension, in conjunction with the existing extension and that which was approved under MC2007/1428 would result in a development that is arbitrary and has a detrimental impact on the appearance of the street scene. The proposal is therefore considered contrary to the provisions set out in South East Plan Policy BE1, Structure Plan Policy QL1 and Local Plan Policy BNE1. Amenity Considerations The proposed extension would project from the rear elevation of the existing extension and along the whole boundary with number 23 Church Street. The extension to the rear of the application property already has an overbearing impact on neighbours’ amenities when viewed from the rear garden area. The proposed extension will result in development significantly greater in mass and bulk, which will further add to the overbearing impact on neighbours by creating a continuous wall of built form along the southern boundary of the rear garden of number 23 and therefore a feeling of enclosure. This will also result in further unacceptable overshadowing of the rear garden. It is considered that the proposal would result in a detrimental impact on the amenities of the occupiers of number 23 contrary to the provisions set out in Structure Plan Policy QL1 and Local Plan Policy BNE2. Highways It is considered that whilst the proposal might attract car trips in addition to the retail use, the dwell time associated with a tea and coffee house (assuming no take-away element) is likely to mean that the potential for indiscriminate parking is low. It is considered that the existing parking restrictions in the area adequately protect the junction and some distance beyond. The nearby public car park would also cater for the needs of the development. On this basis there are no objections to the proposal on highway and parking grounds and the development is in accordance with the provisions set out in Structure Plan Policy TP19 and Local Plan Polices T1 and T13.

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Conclusions and Reasons for Refusal While the principle of the A3 use is acceptable subject to conditions to protect amenity and there will be no loss of A1 use, the extensions proposed will be harmful to both the character of the area and the amenity that the occupiers of the adjoining property may reasonably expect to enjoy. The proposal is therefore in conflict with Policies BE1 of the South East Plan, QL1 of the Kent and Medway Structure Plan and BNE1 and 2 of the Medway Local Plan and is accordingly recommended for refusal. The application would normally be determined under delegated powers but is being referred for determination by Committee due to the extent of representations received expressing views contrary to the recommendation.

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9 MC2008/2007

Date Received: 17th December 2008

Location: Former Alloys Wheels International Ltd Priory Road Strood

Rochester ME2 2BE Proposal: Outline application for the replacement of previous derelict factory

buildings and offices with up to 13,000 sq m of floorspace in new buildings for general industry (B2) with ancillary storage and distribution (B8) and ancillary offices (B1) together with up to 3,150 sq m of floorspace in buildings for trade counter/wholesale trade and distribution use (B8) and construction of new vehicular and pedestrian access, roads, yards and car parking, provision of new or replacement site drainage and services and provision of a bus shelter and hard and soft landscaping and signage on the Priory Road frontage

Applicant: Helvig Ltd International House Castle Hill Victoria Road Douglas Isle

Of Man IM2 4RB Agent: Strand Harbour Development Management Ltd Heaton House

Cams Estate Fareham Hampshire PO16 8AA Ward: Strood South Recommendation of Officers to the Development Control Committee, to be considered and determined by the Development Control Committee at a meeting to be held on 1st July 2009. Recommendation - Approval subject to:- (as amended by revised drawings received on 6 March 2009) A. The applicant entering into an agreement under Section 106 of the Town and

Country Planning Act to secure:

(i) A contribution of £15,000 towards the provisions of bus infrastructure improvements in Priory Road;

(ii) A contribution of £4,000 towards monitoring costs incurred by the Local Authority in relation to the provision of a travel plan;

(iii) A contribution of £5,000 towards Air Quality Monitoring; and (iv) A contribution of £34,000 (or 50% actual costs if less than £34,000) towards

the upgrading/relocation of the pedestrian crossing in Priory Road and street lighting improvements.

(v) To secure an option to transfer of the land ‘hatched red’ on Medway Council’s drawing no. 211194/IN/26/0005A dated August 2007, free of any charges or incumberances, to Medway Council to facilitate the construction of the Darnley Arches pedestrian route.

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B. The imposition of the following conditions:- 1 Approval of the details of scale, layout and appearance of the buildings (hereinafter

called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

2 Plans and particulars of the reserved matters referred to in Condition 1 above shall

be submitted in writing to the Local Planning Authority for approval. Such application for approval shall be made to the Authority before the expiration of three years from the date of this permission and the reserved matters shall be carried out in accordance with the approved details.

3 The development to which this permission relates must be begun no later than the

expiration of 2 years from the final approval of the reserved matters or in the case of approval on different dates, the final approval of the last such matter to be approved.

4 Notwithstanding the landscape details submitted with the application, full details of

all hard and soft landscaping works shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and such works shall exclude any soft landscaping from the area described in condition 18. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of 5 years following its planting and of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted and approved in writing by the Local Planning Authority.

5 A landscape management plan, including long term design objectives,

management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to the Local Planning Authority for approval in writing prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

6 No development shall take place until the developer has secured the

implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved in writing by the Authority.

7 Prior to the commencement of the development hereby permitted, an acoustic

assessment shall be undertaken to determine the impact of noise arising from the development site. Noise from commercial premises should be controlled, such that the noise rating level (LAr,Tr) emitted from the development does not exceed the background noise level (LA90,T), by more than 3dB at the nearest noise sensitive premises. All measurements shall be defined and derived in accordance with BS4142: 1997. The results of the assessment and details of any mitigation measures shall be submitted and approved in writing by the Local Planning Authority. The approved measures shall be implemented before the development

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is brought into use and thereafter be maintained in accordance with the approved details.

8 An acoustic assessment of compliance with condition 7 shall be submitted to the

Local Planning Authority no later than two months after first occupation of the development hereby permitted. Any provisions indicated in the assessment which need to be made to control noise emanating from the site pursuant to condition 7 shall be submitted in writing for the written approval of the Local Planning Authority within 1 month of the assessment and all works which form part of the approved scheme shall thereafter be implemented in accordance with a timetable to be agreed in writing by the Local Planning Authority and thereafter maintained.

9 Prior to the commencement of the development hereby permitted, a construction

code of practice that describes measures to control noise, dust and lighting impacts arising from the construction phase of the development shall be submitted to and approved in writing by the Local Planning Authority.

10 Unless otherwise agreed by the Local Planning Authority, development other than

that required to be carried out as part of an approved scheme of remediation must not commence until conditions 11 to 14 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified in writing by the Local Planning Authority until condition 14 has been complied with in relation to that contamination.

11 An investigation and risk assessment, in addition to any assessment provided with

the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, including risks to groundwater, whether or not it originates on the site. The scheme shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to:

• human health • property (existing or proposed) including buildings, crops, livestock, pets,

woodland and service lines and pipes. • adjoining land, • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

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This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

12 A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

13 The approved remediation scheme must be carried out in accordance with its

terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given not less than two weeks written notification prior to the commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and submitted to and approved in writing by the Local Planning Authority prior to the bringing into use of the development.

14 In the event that contamination is found at any time when carrying out the

approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 11, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 12, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in the approved remediation scheme a verification report providing details of the data that will be collected in order to demonstrate that the works set out in condition 12 are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 13.

15 Prior to the commencement of the development details of a lighting scheme shall

be submitted to and approved by the Local Planning Authority. The approved scheme shall be installed on site prior to the occupation of any unit and thereafter maintained and retained.

16 The details to be submitted in pursuance of Condition 01 shall show adequate

land, reserved for parking, including, lorry parking, servicing, disabled persons parking and secure cycle parking. Upon approval of the details, no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking and re-

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enacting that Order), shall be carried out on the land so shown (other than the erection of a private garage or garages) or in such a position as to preclude vehicular access to the reserved vehicle parking area.

17 Prior to the commencement of the development, Travel Plan shall be submitted to

and approved in writing by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved details and thereafter maintained, unless any variation is otherwise first agreed in writing by the Local Planning Authority. The approved Travel Plan shall be reviewed, 6 months after first occupation of any part of the development and thereafter annually, commencing one year from the date of first occupation. The detailed results of any review and any amendments required as a result of the reviews shall be submitted as soon as reasonably practicable to the Local Planning Authority in writing for their written approval. The approved amendments shall thereafter be implemented in accordance with the approved details.

18 Prior to the first occupation of any part of the development, the area hatched red

on Medway Council's drawing no 211194/IN/26/0005A dated August 2007 (or such other plan as may be agreed in writing with the Local Planning Authority) shall be hard surfaced in accordance with details submitted to and approved in writing by the Local Planning Authority. That area shall then be made available for use by general members of the public and kept free of any obstruction (whether permitted by the General Permitted Development Orders or not) that would prejudice the use of the route by pedestrians and cyclists accessing the proposed Darnley Arches pedestrian route.

19 Details of the surface water drainage to serve the proposed development shall be

submitted to and approved in writing by the Local Planning Authority, in consultation with the Environment Agnecy, prior to any part of the development hereby permitted being commenced.

20 No vehicle, plant or other equipment with a reverse warning alarm audible at the

site boundary shall operate between 23:00 and 07:00 hours on any day unless otherwise approved in writing by the Local Planning Authority.

21 No tannoy shall operate outside any building on site between 23:00 and 07:00

hours on any day. 22 No development shall take place until there has been submitted to and approved in

writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed prior to the first occupation of any part of the development and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

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For the Reasons for this recommendation for Approval please see planning appraisal section and conclusion at the end of this report

Site Description This application relates to a site covering 3.35 hectares (8.27 acres) of land on the south side of Priory Road Strood. It is bounded to the west by the London (Victoria)-Chatham-Dover Railway line, which is on an embankment and at a higher level than the site. To the north the site is bounded by Priory Road, whilst to the east and south there is other industrial land. To the east the buildings are occupied by Swain’s - a haulage firm. To the south are more recent industrial units, known as Knight’s Park, built under the Enterprise Zone scheme in the 1980’s. This site is smaller than the site of the previous application (MC2007/2222) as it excludes the land on the north side of Priory Road and a small parcel of land just south of Priory Road occupied, by a company known as Quartic Engineering. Since the previous application was considered, work has commenced on the demolition of the buildings on site. This demolition work has now been completed. The site was occupied by five large industrial buildings. Together with ancillary offices and storage areas, these buildings covered a floorspace of 24,442 square metres. It is within a long established industrial area and the buildings demolished would appear to date back to the 1930’s. The premises were last occupied by Alloy Wheels which closed in 2003. At the time of closure 180 people were employed at the premises. Proposal This application has been submitted following the refusal of outline planning permission for a development of 145-165 residential units and 5,300-6,300 square metres of employment space for Class B1/B8 uses. It was originally submitted as a full application and was due to be considered by this Committee at its meeting on 11 March 2009 with a recommendation of refusal. However, the application has been amended to an outline application, seeking approval of access and landscaping, with appearance, layout and scale reserved for future consideration. The current application proposes the demolition of the existing buildings and their replacement with up to 13,000 square metres of floorspace of buildings for general industry (Class B2) with ancillary storage and distribution (Class B8) and ancillary offices (Class B1); together with up to 3,100 square metres of floorspace of buildings for trade counter/wholesale trade and distribution use (Class B8); and construction of new vehicular and pedestrian access, yards and car parking, provision of new or replacement site drainage and services, hard and soft landscaping and signage on the Priory Road frontage. Site layout The layout drawing submitted shows a single access/egress point onto/off Priory Road in a central location within the site and a 2m deep landscaping strip along the Priory Road frontage. This is for consideration as part of this outline application.

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The plan also illustrates a possible layout of buildings on the site. This indicates a possible proposed floorspace of 14,310 square metres which compares to a previous floorspace of 24,442 square metres, and would result in a net loss of 10,132 square metres. Site coverage by buildings would reduce from 71% to 43% and reflects present day requirements in terms of vehicular access, circulation, servicing and parking. Site Area Total site area: 3.35 hectares (8.27 acres) Relevant Planning History MC2007/2222 Outline application for demolition of buildings and construction of 145-

165 residential units and provision of 5,300-6,300 sq. metres of employment space B1/B8 uses, with associated open space, roads, parking and infrastructure

Refused 25 September 2008 Representations The application has been advertised in the Press and by the placing of 2 notices on site, as Major development under Article 8 (4) of the Town and Country Planning (General Development Procedure) Order 1995. Neighbour notification letters have been sent to the owners/occupiers of: 63-71, 71a, 73, 83-87, 91, 93 & Medway View, Cuxton Road; 4-26(even) & 37-59 (odd) Smith Street; Units 1b, 1c, 1h, 2, 2b, 2e, 2h, 3, 3e, 4a, 4c, 4f, E3 & H1 Knights Park; and to Ryder Distribution Services, Speedlink, Alpine UK Ltd., High Lex, Imperial Vending Services, Southern Installation Ltd., Tarmac/HMB and Vectair International Ltd., Knights Park; Quartic Engineering Ltd., Atwal Fashions, Holbourn Eaton Ltd., Holbourn Engineering Ltd., Dorabridge (Wemyss) Ltd., Clutch International, Cheema House, Dartford Metalcrafts Ltd., Cheema House, The Samaritans and 1 &2 Global House, Priory Road; 112 Watling Street, Strood; 318 City Way, Rochester; 51 Chalky Bank Road, Rainham; 69 Raeburn Road, Sidcup; and Old East Dean Farmhouse, Smarden Road, Headcorn. Letters have also been sent to: Environment Agency; Kent Police Architectural Liaison Officer; Medway NHS Primary Care Trust; Network Rail South East; Southern Gas Networks; Southern Water Services Ltd.; EDF Energy; the Fire Safety Officer, Medway Fire Station; Natural England; English Heritage; and the City of Rochester Society. Kent Police Architectural Liaison Officer has written raising no significant objection to the application in terms of crime prevention, but expressing concern at the ability of the highway network to cope particularly at peak times. He adds:

• Consideration may need to be given to re-alignment of the network, particularly at the Darnley Road/Cuxton Road junction or wider improvements with new or additional roads to cater for potential increases in traffic;

• Boundary treatment should comprise high fencing, weld mesh, paladin or palisade fencing;

• Gates or vehicular access restrictions would improve security; • Well positioned lighting could assist in deterring crime;

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• A CCTV system is recommended; • The first 2m of building should be masonry or similar materials as profile sheeting

is vulnerable to forced entry; • Downwater pipes should be flushed or concealed to prevent scaling;

Southern Water has written advising that it can provide foul sewage to serve the proposed development, but a formal application must be made to connect to a public sewer. An informative to this effect should be attached to any planning permission. There is inadequate capacity to provide surface water disposal to serve the proposed development and the applicant should consider alternatives such as disposal to an available watercourse or soakaways. If planning permission is to be granted a condition should be attached requiring the submission of surface water disposal details. English Heritage has written stating that the site does not contain any known archaeological remains or designated structure and is not sufficiently close to Temple Manor to raise any concerns. Kent County Council ‘s Archaeological Officer has commented that the area is well known for deposits of pre-historic metal work and would have been favourable for Bronze Age or Iron Age activity. Roman buildings have been found north of the site near Strood High Street and Roman pottery south and west of the site. Roman burials have also taken place in the vicinity. The site was occupied by brickworks in the late nineteenth and early twentieth century. It is recommended that an archaeological condition be attached to any planning permission. Natural England has written advising that it has no comment to make. Following the amendments to the application to change from a full application to an outline with only means of access and landscaping to be determined, the application has been re-advertised on site and in the press as a major development and all consultees and objectors re-notified. The Environment Agency has written objecting on the grounds that the proposal lacks information with regard to how the surface water drainage will be dealt with and would seek further information as to how the suitability of the drainage system can be addressed. The EA also seeks conditions relating to groundwater and land contamination. Southern Water has written advising that the revised plans do not contain any information as to how foul and surface water drainage will be disposed of and their previous comments remain unchanged. Natural England, the County Archaeological Officer and Kent Police have all written re-iterating their previous comments. The Environment Agency has written to remove their objection subject to the imposition of the conditions recommended. Development Plan Policies National Planning Policies

PPS1 Delivering Sustainable Development

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PPS25 Development and Flood Risk PPG4 Industrial and Commercial Development and Small Firms PPG13 Transport PPG24 Planning and Noise

Regional Planning Guidance

RPG9 Regional Planning Guidance for the South East RPG9a The Thames Gateway Planning Framework Creating Sustainable Communities – Delivering the Thames Gateway

The Draft South East Plan (2006) Kent and Medway Structure Plan 2006

Policy SP1 (Conserving and enhancing Kent’s environment and ensuring a sustainable pattern of development)

Policy SS4 (Priority for previously developed land) Policy SS6 (Enhancing existing communities) Policy ME1 (Area Policy – Medway) Policy QL1 (Quality of Development and Design) Policy EP1 (Land, Workforce, Education and Skills) Policy EP2 (Employment Land Provision) Policy TP1 (Integrated transport strategy) Policy TP3 (Transport and the location of development) Policy TP11 (Facilities for pedestrians and cyclists) Policy TP19 (Vehicle Parking Standards) Policy NR5 (Pollution Impacts) Policy NR7 (Air Quality Management Areas) Policy NR8 (Water Quality) Policy NR9 (Water supply and wastewater treatment) Policy NR10 (Development and flood risk) Policy NR11 (Flood protection)

Medway Local Plan 2003 Policy S1 (Development Strategy) Policy S4 (Landscape and Urban Design Guidance) Policy S6 (Planning Obligations) Policy S10 (Strood Waterfront Action Area)

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Standards) Policy BNE4 (Energy Efficiency) Policy BNE6 (Landscape Design) Policy BNE23 (Contaminated Land) Policy BNE24 (Air Quality) Policy ED2 (Employment in Action Areas and Mixed Use Areas) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T3 (Provision for Pedestrians)

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Policy T4 (Cycles Facilities) Policy T6 (Provision for Public Transport) Policy T11 (Development Funded Transport Improvements) Policy T13 (Parking Standards) Policy T14 (Travel Plans) Policy CF2 (Community Facilities) Policy CF3 (Sites for Local Healthcare Facilities)

Policy CF12 (Water Supply) Policy CF13 (Tidal Flood Risk Areas) Medway Regeneration Framework 2006 - 2016 Planning Appraisal Matters of principle In terms of principle, it is necessary to consider both general/strategic policies and those specific policies relating to employment. In both of these policy areas the proposal falls to be assess against both national and local planning policies. Strategic Policy Considerations Structure Plan Policy SP1 seeks to protect the Kent countryside, reduce reliance on Greenfield sites to accommodate all forms of built development and using and re-using land and buildings more efficiently, whilst Policy SS4 requires development to be provided firstly, on previously developed land before using Greenfield sites. In general terms, as this is previously developed land, no objection is raised to the principle of the development on this land. Local Plan Policy S10 identifies 73 hectares (180 acres) along the Strood Waterfront as an Action Area where regeneration will be sought in accordance with a development brief to be prepared by the Council. The Action Area is expected to include, inter alia:

• The development of approximately 100 dwellings including affordable housing; • A possible alternative route for the A228 avoiding Darnley Arch; • Appropriate employment uses falling within Use Classes B1, B2 and B8; and • Other uses appropriate to the location.

All new development will be expected to comply with the following principles;

(i) Comprehensive redevelopment to maximise the potential for securing the regeneration of the whole Action Area;

(ii) A high standard of urban design and landscaping, establishing it as a new quarter of the urban area;

(iii) High quality developments, appropriate to the location of this area close to both the riverside and opposite historic Rochester;

(iv) The provision of good public transport pedestrian and cycle links within the site and to Strood Town centre and to the wider public transport network including Strood railway station.

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Section 6 of the Medway Regeneration Framework (2006-2016) states that both Strood Riverside and Temple Waterfront development sites are close to Strood Town Centre. An Area Action Plan is in hand to establish areas for mixed use, employment and residential, together with a reworking of the road network. This Action Area Plan is a separate plan from that identified in Policy S10. This Action Area Plan is listed as a Priority Action for Medway Renaissance. Strood Town Centre Area Action Plan overlaps with the northern part of the Strood Waterfront Action Area. It is now proposed that the regeneration of Strood Town centre will be incorporated into the Core Strategy for the LDF rather than an Action Area Plan. It is considered that the current proposal to develop this site for employment uses, unlike the previous scheme, would contribute to the wider regeneration of Strood. Employment policies Structure Plan Policy EP2 has a requirement for 575,000 sq. m. of employment land to be provided in Medway for the period 2001 to 2021. This policy also states that existing employment sites that are well located and otherwise well suited to employment use should be retained for this purpose. The site is well suited to employment being close to the Town Centre and its associated services, close to public transport and close to, but not immediately adjoining residential areas, apart from the houses in Smith Street to the north. This makes it a very sustainable location for future employment uses and it is part of a wider employment area. The policy also states that existing commitments may be reviewed through local development documents and unsuitable sites may be replaced by alternative, better locations providing these don’t conflict with other structure plan policies. The site is well located and well suited for employment development. The Council regards this employment site as an existing commitment which should only be reviewed through the LDF process. The Annual Monitoring Report for 2007, identifies a shortfall in employment land supply in Medway and the release of any additional greenfield land to replace existing employment land would conflict with Structure Plan Policies SP1 and SS4. Given this shortfall, it is necessary to retain existing urban, employment sites, such as this site under Policy EP2. In addition, regard should be paid to Structure Plan Policy EP1 which states that sufficient land and floorspace will be provided to sustain full employment and reduce the need to travel. Proposals which would result in the loss of this floorspace would be contrary to the aims of this policy. The proposal would create a total floorspace of 14,310 square metres compared to a previous floorspace of 24,442 square metres, resulting in a net loss of 10,132 square metres. No information is given relating to the number of jobs likely to be created by the proposed development, but applying English Partnerships’ Employment Density Guidance, the proposal would result in around 90 office jobs, 332 industrial jobs and 34 trade counter jobs. As an emerging development plan document, the Draft South East Plan is a material consideration in determining this application. This plan has been subject to an Examination in Public and Inspector’s Report, but the publication of the proposed changes to the Plan is awaited. Therefore, whilst it is not an adopted document, it does carry a certain amount of weight, though this is not greater than the adopted policies within the Structure and Local Plans. Policy RE2 effectively continues the policies in the Structure Plan. This policy requires the provision of a range of sites in locations which are accessible to the labour supply, efficiently use existing and underused sites and premises and focus on urban areas. The Alloy Wheels site meets these criteria and its continued use for employment use would accord with the aims of this Policy.

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The principle of the redevelopment of this site for employment purposes is therefore acceptable and accords with the above mentioned policies. While there is likely to be a net reduction is overall floor space from that previously existing on site, this is as a result of modern standards and provided the whole site comes forward for employment purposes would not result in any objection to the principle. Street Scene and Design The application falls to be addressed under Policy QL1 of the Structure Plan and Policy BNE1 of the Local Plan in terms design and appearance and the effect on the street scene. In addition Policy S10 of the Local Plan expects new development within the Strood Waterfront Action Area to achieve a high standard of urban design and landscaping. As a starting point, it is accepted that the previous building on the site had become derelict and presented a poor image to the street scene. The removal of these buildings addressed the immediate issue, but they leave a gap which needs to be filled. , It is imperative that in the desire to replace the building and infill the gap, quality is not compromised. Priory Road is an important through route in Strood being part of the A228 linking Grain, M2, M20, Tonbridge and Paddock Wood and a primary distributor route serving the southern part of Strood and local villages. It is also used as a pedestrian link between Strood Town Centre and the residential area to the west. It is in this context that the application has been changed to an outline application to enable further discussion to take place to achieve an acceptable design solution. The Government is now actively promoting good design and in PPS1 states (Paragraph 33): “Good design ensures attractive usable, durable and adaptable places and is a key element in achieving sustainable development. Good design is indivisible from good planning”. PPS12 in relation to Design states (Paragraph1.13) “Well designed development responds well to the local physical, social and economic context, being safe, clean, attractive and accessible for all users.” Quality in design needs to be part of the delivery mechanism for meeting the economic, social and environmental objectives of sustainable development. Design quality is now an increased Government and local priority due to the positive role of design in regeneration. To achieve this much more than good architecture is needed. It requires well –designed streets, an appropriate mix of uses, high quality public transport and places and buildings that successfully connect to each other. The Council is seeking to achieve this in Strood town centre. In design terms, it is important to achieve a high quality design along the Priory Road frontage, but at the same time it should be recognised that these are industrial buildings within an industrial area. The indicative layout shows trade buildings, which would generate a limited number of customers visiting and activity, at the front, with general industrial buildings set further back. This should result in the buildings at the front being to a higher quality of design. As layout is reserved for future consideration, there is scope to achieve a layout which would be more acceptable than that originally submitted.

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The other key feature to presenting an attractive frontage to Priory Road is the landscaping. The applicants propose a 2 metres deep landscaping strip along the frontage. Discussions have taken place with the applicants as to whether a deeper planting strip could be achieved, but this could restrict circulation and parking within the site. Furthermore, this strip would be wider that the landscaping strip along the frontage to the nearby Morrison’s development in Knight Road. In terms of street scene, therefore, on the basis of the illustrative nature of the layout plans submitted and the scope for improvement through negotiation on any reserved matters application, no objection is raised under Policy QL1 of the Structure Plan and Policies S10 and BNE1 of the Local Plan. Amenity Considerations The site lies within an established commercial/employment/industrial area. Immediately adjoining the site to the east is a haulage yard (Swain’s), whilst to the south it is adjoined by Knight’s Park, a business park dating back to the Enterprise Zone of the 1980’s. To the west it is adjoined by a railway line and to the north by a main road, Priory Road. All of these uses/activities already generate or have the potential to cause noise and disturbance. The nearest residential properties to the site are to the north in Smith Street and the flank walls of nos. 26 and 59 face onto Priory Road, opposite the application site. There are also houses to the west in Temple Gardens but these are separated from the site by the railway line. Although the plans are illustrative, the development has been designed so that the trade units and associated parking are to the north of the site, closest to the houses in Smith Street and similarly, there is parking on the western site of the site, closest to the house in Temple Gardens. Having regard to the previous use of the site, the existing activity on surrounding land and the site layout, it is considered that the impact of the proposal in terms of activity and traffic and noise and disturbance on existing properties would be minimal, based on a final scheme coming forward through reserved matters that reflects the above comments. Accordingly, no objection is raised under Policy QL1 of the Structure Plan and Policy BNE2 of the Local Plan in this regard. Traffic Generation and Impact This application is accompanied by a Transport Assessment report which uses data from the TRICS traffic generation database to establish the likely number of trips the proposed development is likely to generate. The proposed industrial and trade units are expected to generate 154 and 126 vehicle movements during the morning and evening peak periods respectively. This is slightly higher than the previous residential proposal albeit the traffic generated would have a different profile throughout the day, less concentrated in the peak hours. The previous permitted use of the site is a material consideration in the assessment of the traffic impact of the current proposals. Some 30,000 alloy wheels were produced per week on the site, and the company employed several hundred people on a shift basis that ensured the site was operational 24 hours per day, 7 days per week. The site also generated a significant number of HGV movements. Whilst no traffic data relating to the previous use of the site is available, the transport assessment again uses the TRICS traffic generation database in order to determine the likely number of vehicle movements. This has been estimated at 183 and 155 movements during the morning and evening peak periods respectively.

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Based on these forecasts, the proposed development will generate less traffic than the extant use of the site. On this basis, the overall effect on the local road network will be negligible and therefore no objection is raised under Policy T1 of the Local Plan. Access arrangements Although the application is in outline form approval is being sought for the means of access. . The design includes a single point of access onto Priory Road, around 7.0m wide with footways of around 2.0m flanking this. Vehicle tracking has been provided to ensure that the access has been designed to ensure all visiting vehicles can access and egress safely and conveniently, and while on the site, park, load, unload and manoeuvre. This is adequate to ensure there would be no potential obstruction to the free flow of traffic on Priory Road. There are two additional separate pedestrian and cycle access points proposed. There is some concern that the position of these access points may not be desirable, and indeed two may not be required. The proposed pedestrian/cycle access near to the Cuxton Road junction could potentially be removed from the scheme, as there are concerns it leads pedestrians and cyclists into an area which would be used by vehicles manoeuvring. This would not be safe and could lead to potential conflicts. Although the vehicular access is being determined under this application, the exact arrangements for pedestrian access will be determined at the reserved matters stage, when layout is considered. The transport assessment contains traffic count data for Priory Road and junction capacity assessments of the Priory Road site access and concludes that the site access will operate satisfactorily with minimal delays. Subject to these matters being addressed, no objection is raised in terms of access under Policy T2 of the Local Plan. Accessibility Improvements The site is approximately 500 metres south of Strood Town Centre and therefore in close proximity to local amenities and public transport. Notwithstanding this, it is appropriate for the sustainable accessibility of the site to be enhanced in association with the development proposals. There is a large residential area to the west of the site that is accessible by foot and therefore with the correct package of measures in place the site can be easily accessible by non-car modes in line with policies to encourage the use of sustainable modes of travel. The design of the site frontage along Priory Road should enable the footway to be widened. It would be desirable to design the site frontage along Priory Road to enable an improved footway for pedestrians and cyclists, connecting into existing cycle routes on Knight Road and Darnley Road. However, after talking with the applicant it appears that the frontage and landscaping strategy that has been looked at would make this difficult to achieve. While an optimum design would be for a 3m wide shared footway/cycleway, the footway width of 2.0m is acceptable as a minimum. A 2.0m footway (as existing) could accommodate a cantilever style bus shelter at the existing location where currently there is only a flag. For the development to realistically allow and encourage public transport accessibility there is a requirement to upgrade the bus infrastructure on Priory Road adjacent to the site through the provision of a high-specification shelter equipped with a real time information display. The applicant has agreed to fund this improvement to be secured via a S106 agreement.

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The previous planning application incorporated an upgrade of the existing Zebra crossing on Priory Road to a Pelican crossing, this element is considered to be an important requirement when considering the application. It is considered that there is merit to the crossing point being moved along Priory Road towards the Knight Road roundabout as this would be a potential safer location farther away from the junction with Cuxton Road and the Darnley Road roundabout. The site has not been fully utilised for around 5 years and therefore it is difficult to quantify the requirement for an improved crossing facility in this location. The most recent 3 year accident data has been analysed and shows 5 recorded accidents of slight severity. 4 of these 5 incidents involved pedestrian crossing movements. The nature of a Zebra crossing is a more informal crossing facility, in that it requires the vehicles travelling along Priory Road to give way to allow the pedestrians to cross. In the event of this application being granted consent, Priory Road is likely to see an increase in pedestrian movements in close proximity to the site and at this crossing point and therefore it is necessary to upgrade this to a formal pelican crossing in what is going to be a more vehicle dominated environment. The area around the existing crossing is not well lit at current standards and this also causes concerns if the use is to be intensified. The site has been closed for some years and been running down for many more and therefore the accident data the Council holds is not fully representative for the site when fully built out. It is very much a best case scenario and it is anticipated that if the development were granted consent the number of accidents in close proximity of the crossing will increase. In line with Policy T3 it is sought that the development proposal provide a contribution for the Council’s cost in upgrading this facility, including the lighting in the vicinity to provide safe pedestrian access and a safe pedestrian environment. The developer has agreed to pay this contribution. Darnley Arch The site is going to be a large employment site and the Council would aspire for employees to make trips on foot where at all possible. People walking to work from the Darnley Road residential area would have to pass under the bridge which has inadequate pedestrian routes at present. The Council has prepared initial feasibility drawings of a pedestrian improvement at Darnley Arches, in order to improve the accessibly and linkages between the site and this large residential area. This improvement is required as, if permitted, the development would exacerbate the problem of pedestrians walking under the railway bridge. As the proposals create a need for the facility, it is reasonable for the applicant to contribute towards this, either by financial contribution of reservation of land. Under the circumstances it is recommended that the matter be addressed by a condition requiring the land to be reserved. Parking and Internal Layout The illustrative layout plan shows 87 parking spaces are provided the trade units and 225 car parking spaces for the four industrial units. This level of parking is at but does not exceed the maximum permitted under the Council’s adopted vehicle parking standards and therefore in accordance with Policy T13 of the Medway Local Plan and T19 of the Structure Plan.

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Parking for cycles, motorcycles and the mobility impaired is also being provided in line with the Council’s standards and in accordance with Policy T13 of the Medway Local Plan and T19 of the Structure Plan. In terms of pedestrian and cycle access, a condition should be attached to any planning consent requiring details to be submitted with regard to the position of any pedestrian and cycle access points to ensure they are as safe as practicably possible. There should also be a condition requiring details to be submitted of any internal pedestrian access routes/ paths; there is insufficient detail on this at this stage with the planning application. When considering the internal layout and pedestrian routes the inclusion of a raised table may be beneficial to pedestrians and cyclists and would act as an entry feature and traffic calming restraint. Travel Plans Travel Plans will be required to complement other sustainable measures accompanying the development. Managed by one (or more) travel plan co-ordinator(s), it will be required to raise awareness of the impacts of travel decisions and deliver sustainable transport objectives with reductions in car usage (particularly single occupancy journeys) and increased use of public transport, walking and cycling. This can be delivered through the introduction of various initiatives such as a car-sharing scheme within the site, cycle loan scheme, the distribution of travel packs to all new occupants of the units providing information on non-car modes of travel. It is also appropriate for the development to contribute towards the Council’s costs in updating, implementing and monitoring the travel plan to ensure that the development is fully incorporated into any future initiatives. This should be secured via a S106 agreement. The outline travel plan should be agreed with the Council 6 months prior to occupation, whilst the final document should be completed and agreed within 6 months of first occupation. The Travel Plan document should be resubmitted and reviewed after 6 months initially and annually thereafter. In light of the above, and subject to a section 106 agreement securing measures to improve the sustainable accessibility of the site, it is considered that the proposed development will not prejudice conditions of highway safety and capacity and will make acceptable provision for pedestrians and cyclists and public transport users. On this basis, no objection is raised in respect of Policies T1, T2, T3 and T4 of the Medway Local Plan. Flood risk assessment A Flood Risk Assessment has been submitted as part of the application and the Environment Agency consulted in this regard. The site is within a Zone 1 Flood Risk Area and the design and layout of the proposal should take into account climate change against the lifetime of the development. The Environment Agency has raised a concern regarding the lack of information with in respect of surface water drainage. However, as this is an outline application, this matter could be dealt with at the reserved matters stage and an appropriate condition is recommended. The Environment Agency also seeks conditions relating to groundwater and land contamination. Subject to the imposition of these conditions, in the event of planning permission being granted, no objection is raised in terms of flood risk under PPS25, Policies NR10 and NR11 of the Structure Plan and Policy CF13 of the Local Plan.

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Noise and air quality The application has not been supported by a noise assessment or an air quality assessment and these would normally be required prior to any approval in order for a full assessment to be made. The Council’s Developer Contribution Guide expects new developments to contribute towards the maintenance and improvement of the Council’s air quality monitoring network and to other initiatives that contribute to local air quality management and a contribution will be sort in this regard. Following discussion with the applicant it has been accepted that traffic generation is forecast to be reduced compared to the previous use of the site and an air quality assessment is not required. It is acknowledged that the previous use of the site generated noise that would have been experienced at residential properties in the locality. These activities have given rise to complaints from time to time mainly as a result of disturbance caused at night. The proposed redevelopment provides an opportunity to ensure that, through careful design, site layout and appropriate management, noise is controlled to levels which are in keeping with current planning guidance and standards. In the absence of an appropriate noise assessment it is not possible to properly determine the likely noise impact of the proposal and it will be necessary to ensure that noise control measures are appropriate and sufficient to protect local amenity. Conditions to this effect are recommended. As the application site within an established industrial area, with no such restrictions on hours of operation and the nearest residential properties are separated from the site by either Priory Road, or by a railway line, no conditions are recommended in relation to hours of operation. Contaminated Land The application documents include an Environmental Risk Assessment which was undertaken in November 2007 as part of the previous application. No new desk top study has been submitted in as part of this application. Therefore, the comments which applied to the previous application are still applicable to the current proposal. However, the application also includes a Phase 2 Environmental Site Investigation Report undertaken in November 2008. This report includes a summary of the previous desk top study and a conceptual site model. An intrusive site investigation which has been undertaken involving the excavation of 5 boreholes, 5 window samples and 11 trial pits. Soil samples were taken and tested for an appropriate suite of contaminants. The results of these tests are contained within the report. Groundwater monitoring was undertaken on two occasions and gas monitoring on six occasions. Methane was detected at the site therefore, gas and vapour protection measures will need to be installed in the proposed buildings. A condition to this effect is recommended. Radiological monitoring has also been undertaken at the site due to potential radiological contamination being present at the site, although no significant radiological contamination was identified. However, the report recommends that ‘as a precautionary principle, soils in the vicinity of the former x-ray facility should be screened as part of the additional site investigation. This should be undertaken by the applicant and the results should be submitted to the local planning authority. The conceptual site model has been revised in light of the findings of the site investigation. The report concludes that further work is required at the site, which should include a groundwater quantitative risk assessment, further site investigation work will be required in order to fully delineate the extent of the soil and groundwater contamination.

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The report which has been submitted by the applicant is acceptable, although the recommendations made in the report need to be carried out including the submission of the findings from the further site investigation works and a remediation strategy. Subject to appropriate conditions, no objection is raised in terms of land contamination under PPG23, Policies NR8 and NR9 of the Structure Plan and Policies BNE23 and CF12 of the Local Plan. Conclusions and reasons for recommendation of approval The current application, being exclusively for employment use, overcomes the grounds of refusal for the previous application in so far as there would not be a loss of employment land and is generally acceptable in terms of neighbour amenity, highways, parking and traffic generation. Following negotiations, the applicant has changed the application from a full to an outline application and has agreed to make contributions, albeit on a reduced basis. Under the circumstances, the application is now recommended for approval. The application would normally fall to be determined under delegated powers, but is being referred to the Committee for determination due to its scale and sensitivity and in view of the Members’ interest in this site when the previous application was considered. Additional information The above report was considered by the Committee on 22 April 2009 and it was resolved to grant planning permission subject to the applicant entering into a Section 106 agreement to secure contributions (i) to (iv) and to conditions 1 to 23. Negotiations have commenced with the applicants with regard to the Section 106 agreement. Following discussions relating to the land to be safeguarded to facilitate construction of the Darnley Arches pedestrian route, it is considered to be expedient to address the transfer of this land by means of an additional clause in the Section 106 agreement and to delete Planning Condition 18 which would be a duplication of the requirement of the varied heads of terms. The Section 106 agreement should be worded to give the Council an option over the land 'hatched red' on Medway Council's drawing no. 211194/IN/26/0005A dated August 2007, to enable the land to be transferred to the ownership of the Council free of change and incumberances, to facilitate the construction of the Darnley Arches pedestrian route. The option agreement will give the Council the option to transfer the footpath land into its ownership and be conditional upon the option being exercised within 5 years and subject to further terms to be agreed between the parties.