Position Statement Policy CS03 - Gravesham€¦ · Lafarge Cement UK (4908449) Gravesham Borough...

Lafarge Cement UK (4908449)

Gravesham Borough Local Plan Core Strategy Examination

Position Statement Policy CS03

23 Augus t 2013


David Lock Associates on behalf of Lafarge Cement UK (4908449)


David Lock Associates 20 August 2013

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SESSION / ISSUE 7: NORTHFLEET EMBANKMENT AND SWANSCOMBE PENINSULA EAST OPPORTUNITY AREA – POLICY CS03 1. This submission is made on behalf of Lafarge Cement UK (now trading as Lafarge

Tarmac). Lafarge Cement UK (LCUK) controls land at the former Northfleet Works

and Swanscombe Peninsula (see plans at appendix one). LCUK also is a partner in

the Ebbsfleet Investment General Partners (EIGP) represented at this examination

by Barton Wilmore Partnership. All comments made here reflect the view of LCUK

alone.

(i) Is the policy and proposals for growth and change in these areas appropriate and justified, including in relation to the NPPF, and in terms of environmental, economic and social impact; including regarding flood risks and European wildlife sites?

2. The NPPF at paragraph 182 defines justified:

Justified – the plan should be the most appropriate strategy, when considered

against the reasonable alternatives, based on proportionate evidence;

3. The identification of Northfleet Embankment and Swanscombe Peninsula as

Opportunity Areas or locations for growth in planning policy is longstanding: the sites

were identified at a strategic level in the REG14 - Thames Gateway Planning Framework RPG9A (1995) as Swanscombe Peninsula and Gravesend Waterfront

development opportunities (paragraphs 6.8.13 and 6.8.14). The sites were further

endorsed for major mixed use developments by the REG-07 Kent and Medway Structure Plan (2006) at policy DG1 and REG-06 the South East Plan (2009) at

policy KTG1 noted the location of major development to exploit regional hubs

including at Ebbsfleet. While these documents no longer have development plan

status, the sites were subject of testing and examination through a public forum and

have a clear and longstanding pedigree.

4. Local Plan policy in Dartford and Gravesham has also supported the redevelopment

of land under the control of LCUK over a long period. Land at Swanscombe

Peninsula has been identified for major development in statutory development plans

since the Dartford Local Plan (adopted 1995) which identified the opportunities

arising from the closure of Swanscombe Cement Works (closed in 1993) and

GRAV01 the Gravesham Borough Local Plan First Review (1994) which identified

the potential for future built development at Policy AP15 and the commercial and

mixed development of land in the western part of Northfleet Works at Policy AP13.





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Development at Swanscombe Peninsula was also identified in the April 2004

amended second deposit draft Dartford Local Plan as a Major Development Site.

The Gravesham Borough Local Plan Second Review Deposit Version (2000) also

safeguarded land at Swanscombe Peninsula for possible new development and

identified land at Northfleet Works as a major development site (policy MDS3).

5. The Adopted Dartford Core Strategy (2011) identifies Swanscombe Peninsula as part

of the Thames Waterfront – one of three priority areas that are to be a focus for

development. Policy CS6 Thames Waterfront identify the site as a development site

suited for residential, employment, leisure, infrastructure and nature conservation

activities, amongst other things. Black Duck Marsh is particularly identified as an

area of nature conservation interest, and the potential for a relief road linking into

Gravesham Borough in the east is identified as a possibility subject to further

assessment.

6. The former Northfleet Works also benefits from a number of planning permissions

that are consistent with the approach of Policy CS02:

• A Bulk Powder Import Terminal (planning permission GR/20050561) has been

constructed in the east part of the works site handling bulk powders imported

across 42 Wharf. Planning permission exists to further extend this Bulk

Powder Import Terminal to handle up to 1 million tonnes of bulk powders per

annum.

• Kent County Council granted planning permission for a bulk aggregate import

terminal which will be located in the east of the site next to the cement import

terminal (reference GR/2009/286) and served by 42 Wharf handling up to

three million tonnes of aggregates per year. This permission permitted the

reinstatement of the rail link to the site via Northfleet sidings and Church Path

Pit to serve the terminal and encourage the rail distribution of aggregates. In

addition to ship unloading facilities and an enclosed area for storing

aggregates, an ancillary ready-mixed concrete plant is also permitted. The rail

link onto the Northfleet Works site has been reinstated under this planning

permission.

• Gravesham Borough Council has resolved it is minded to permit an outline

planning application (reference 20090238) subject to s106 (currently under

negotiation) for mixed use development (the MUD proposal) comprising two

main components:





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• New employment provision will be made in the form of offices,

warehouses and industrial units to provide over 1500 jobs.

Employment development will be located on the main works site and

also in Church Path Pit and Vineyard Pit.

• Up to 532 new homes are proposed in a new riverside neighbourhood

linking the existing Northfleet community to the riverfront and providing

a mix of supporting facilities including new shops, riverside pubs and

restaurants, a community centre, a health centre and open spaces

including a new riverside promenade, a heritage park including

retained tunnels, wildlife corridors, equipped play areas and a playing

field for shared public/school use (the area subject of this application).

A new Fastrack bus rapid transit link will be accommodated across the

works site and highway improvements will be made at Grove Road

and the Shore. A range of houses and flats will be provided including

affordable housing. Land at the waterfront will be raised to protect new

homes from flood risk.

• Kent County Council has granted temporary planning permission for a

tunnelling logistics facility for the receiving, handling, processing and

transhipment of excavated Crossrail material and ancillary uses (reference

GR/10/1127). Subsequent non material amendments have been permitted

including the increase in height of the permitted stockpiles (reference

KCC/GR/0055/2013 (GR/10/1127/RVAR)). These permissions are for a

period ending in 2016. The Crossrail tunnelling logistics facility is located

on land also subject to the Bulk Aggregate Import Terminal and Mixed Use

Development proposals, and is on site and fully operational at the present

time. The Crossrail tunnel material arrives by rail , and is then taken from

the site by ship to Wallasea Island in Essex as part of a habitat creation

scheme. Crossrail material will provide the primary source for the land raise

subject to this application.

7. Further permissions also exist at Northfleet Works for the relocation of the Grade II

listed war memorial, and for a Port of London Authority communications mast.

Further live planning applications are also under consideration by Gravesham

Borough Council for land raising to facilitate a shared school and public playing field

as part of the Mixed Use Development Proposals (reference 20130669), and by Kent

County Council for land raising in Church Path Pit and temporary storage of Crossrail

tunnel arisings (reference KCC/GR/0240/2013).




8. There has therefore been significant activity during the last few years during and

following the demolition of Northfleet Works completed in December 2010 and

significant tangible progress towards the redevelopment of this important riverside

site. Appendix 2 contains a plan showing the location of the various planning

applications and permissions. The planning applications have been supported by

extensive technical evidence including Environmental Assessment of the Bulk

Aggregates Import Terminal and Mixed Use Development demonstrating the

suitability of the site for development, and providing a comprehensive and detailed

assessment of the likely significant social, environmental and economic effects which

are overwhelmingly positive.

Figure One – Table 16.2 extracted from the Environmental Statement submitted in support of

the Mixed Use Development application reference 20090238

9. Swanscombe Peninsula and the former Northfleet Works therefore have a high

degree of policy support and have been subject to scrutiny under previous local plan

and core strategy examinations and continue to be identified under draft policy CS03

and its supporting evidence base. It is worth noting that among the representations

submitted in response to this draft policy there is a significant degree of support for

the principle of development of this Opportunity Area, and little in the way of

objection.


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10. Northfleet Works also benefits from approved and advanced planning applications

that demonstrate the suitability of the site for future development and the constructive

approach of LCUK.

Environmental, Economic and Social Impacts

11. The environmental, economic and social impacts of the opportunity area are

addressed in the evidence base to the Local Plan. SCS-13 Appendix V of the SA SEA assesses policy CS03 against the SA objectives and summarises the findings:

Overall this policy will have significant positive effects for communities, the economy

and housing. Through regenerating the Northfleet Embankment and Swanscombe

Peninsula there are excellent opportunities to enhance the wellbeing of local

residents. The policy (including its preamble) recognises these opportunities and

seeks to maximise community benefit from redevelopment in the area. Other positive

effects for health, landscape and sustainable design have been identified, and the

focus on green infrastructure has helped to raise the scores in these areas.

There is some uncertainty around a number of the SA objectives as effects will be

dependent on the implementation of individual proposals. Water and flooding are 2

areas which will need further consideration as developments are planned in further

detail.

12. There will always be areas of uncertainty where detailed site planning and

assessment will be needed to provide evidence on a particular aspect of a

development and its likely effects. The experience of LCUK at Northfleet Works as

demonstrated in figure one above is that the sustainability issues that require further

consideration can be satisfactorily and positively addressed in order to avoid likely

adverse effects and maximise likely positive effects.

Flood Risk

13. NPPF paragraph 102 is clear that if following the application of the sequential test it

is not possible, consistent with wider sustainability objectives, for development to be

located in zones with a lower probability of flooding, the exception test can be applied

where it must be demonstrated that wider sustainability benefits to the community

accrue, informed by a Strategic Flood Risk Assessment, and a site-specific flood risk

assessment.





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14. The riverside nature of the opportunity area is a longstanding and well understood

issue that has been addressed in previous allocations of land for development

including Swanscombe Peninsula and Northfleet Embankment and planning

application decisions (including the Northfleet Works Mixed Use Development

Proposals (20090238)). An ‘Interim Guidance Note: PPS25 and Development In The

Thames Tidal Flood Plain Of The Thames Gateway 2008’ (appendix three) was

prepared by the Environment Agency which recognised the exceptional need for the

sites as part of the then Thames Gateway Delivery Plan (REG13). This exceptional

need was seen as fulfilling the sequential test, and further guidance for other detailed

testing including an exception test consistent with then current guidance in Planning

Policy Statement 25: Development and Flood Risk was required. Northfleet

Embankment and Swanscombe Peninsula is identified in REG 13 at Appendix One

as:

Kent Thameside Waterfront Development – Kent Thameside Delivery Board

Mixed-use development along the 9 mile stretch of waterfront of the Dartford and

Gravesham boroughs: the programme includes Northfleet Embankment, the Bridge,

Ingress Park, Swanscombe Peninsula and the Gravesham Canal Basin, each

providing a mixture of housing, commercial space, quality public realm and public

transport.

15. In the case of flooding the Northfleet Works Mixed Use Development Proposals

(20090238) are supported by a comprehensive flood risk assessment which

addressed sequential and exception tests in greater detail. Suitable mitigation in

terms of land raising areas proposed for residential development, new river walls and

providing supporting measures such as flood evacuation plans provides an

appropriate response to flood risk. The development of Northfleet Cement Works is

identified on page 163 of NAT-03 Thames Estuary 2100 as: ‘an example of a

scheme in this action zone where a collaborative approach with the owners and

developers could achieve good results in terms of factoring flood risk into the

development at an early stage.’

16. It is therefore considered that the uncertainties alluded to in the SA/SEA can and will

be satisfactorily addressed in detailed master planning and assessment. Flood risk

should not therefore be an impediment to the continuing identification of the

Northfleet Embankment and Swanscombe Peninsula East Opportunity Area.





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European Wildlife Sites

17. SCS12 The Habitats Regulations Assessment Appendix III suggests some

uncertainty with regard to the likely effect of this opportunity area on the Special Area

for Conservation (SAC) which lies to the east of Gravesend. No significant direct

effects are identified but potentially in-combination effects on the SAC might occur

with other development in the area through increased atmospheric pollution,

increased recreational activity and increased levels of abstraction and discharge/

surface water run-off. This is an ongoing issue for the Local Plan Core Strategy that

affects all opportunity areas. It should however be noted that the Environmental

Assessments submitted in support of the Northfleet Works Mixed Use Development

and Bulk Aggregates Import Terminal planning applications scoped out any likely

significant effect of the development on the Special Area for Conservation.

18. In terms of local wildlife issues at Swanscombe Peninsula the comments of Kent

Wildlife Trust are noted. A Statement of Common Ground has been circulated to

Gravesham Borough Council with the intention that this will be signed by LCUK, Kent

Wildlife Trust and Gravesham Borough Council to ensure that full account is taken of

the biodiversity in the master planning of development at Swanscombe Peninsula. A

similar arrangement was entered into as part of the examination of the Dartford Core

Strategy.

(ii) Are they (the policy and proposals) clear and deliverable, including in respect of the associated transport and other infrastructure requirements?

19. Land at Northfleet Works is clearly deliverable. As set out above, a number of

planning permissions are in place or are well advanced with a resolution to grant. On

the ground momentum has been achieved including the delivery of the Bulk Powders

Import Terminal, the demolition of the former Cement Works, and the permanent

reinstatement of the rail link as part of the Crossrail tunnelling logistics facility

temporary use. Future proposals have appropriate transport and other infrastructure

measures agreed in principle and incorporated into s106 agreements.

20. Development at Swanscombe Peninsula East will be a longer term opportunity and

will be most likely to come forward alongside and as part of wider development

proposals on the wider Swanscombe Peninsula site within Dartford Borough. Any

such proposals would include comprehensive supporting infrastructure. Initial

proposals for infrastructure in the south west of the Swanscombe Peninsula site in

Dartford Borough are already subject of planning permissions in terms of a Fastrack

bus link into Ingress Park. While this is outside of Gravesham Borough, it does





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demonstrate the progress that is being made towards the delivery of growth

supported by new infrastructure on the wider Swanscombe Peninsula.

Supplementary Items

21. LCUK remains in dialogue regarding some detailed outstanding issues related to this

policy area. This includes the annotation on Figure 6 relating to the extension and

improvement to the Hive Local Centre. A copy of the Development Framework Plan

for the Northfleet Works Mixed Use Development (20090238) is attached as

Appendix Four. This plan subject of a resolution to grant planning permission

proposes mixed use development on land to the east of Hive Lane, and is the basis

for our questioning of the detail of Figure 6. LCUK has no objection to the

improvement to the Hive Local Centre, but suggest that the annotation be re-

positioned or revised to more fully reflects emerging proposals on land under LCUK

control.

22. Furthermore, the small ‘island’ of existing employment at the corner of College Road

and Grove Road in Figure 6, part of which is controlled by LCUK, contrasts with the

proposed residential uses to the north, east, south and west and the aspirations to

improve Robin’s Creek. No reason has been offered why the possible residential

reuse of this cluster of employment uses might not be considered.

23. LCUK continue to object to the discrepancy between the gross internal floorspace

subject of a resolution to grant under Northfleet Works Mixed Use Development

(20090238) and the amount quoted at paragraph 4.4.12. While the additional text is

a move in the right direction, the fact is that the mix of employment uses and the

associated net to gross ratio is not known, and LCUK remain concerned that the

continuing reference to the manner in which the Economy and Employment

Background Paper assessed the site might have some as yet unknown but adverse

implication in the future in capping floorspace. Paragraph 4.4.12 should simply

identify the gross floorspace permitted, and will be no less sound as a result.

24. Finally, it is maintained that the identification of development potential around Robin’s

Creek should form part of the aspiration to improve and enhance Robin’s Creek.

Land under LCUK control around Robin’s Creek will play a vital role in any scheme

and a range of potential uses might form an important ingredient of regeneration

proposals. The plan should identify the land as part of this scheme to be subject of

future investigation as part of a master planning exercise.





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APPENDIX ONE LAFARGE CEMENT UK LAND CONTROL Northfleet Works Swanscombe Peninsula

1:2500@A1 - 5000@A3

Revision

DAVID LOCK ASSOCIATES LIMITED50 NORTH THIRTEENTH STREET, CENTRAL MILTON KEYNES, MK9 3BPTEL : 01908 666276 FAX : 01908 605747 EMAIL : [email protected]

ADWDrawn Designed Drawing Number

LAF001/021Checked Approved

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15/02/2013

Reproduced by permission of Ordnance Survey on behalf of HMSO.É Crown copyright and database right

All rights reserved.Ordnance Survey Licence number 100022533

PDC M

Northfleet WorksLafarge Cement UK Land Ownership

2012

Do NOT scale from this drawing.All dimensions are to be checked on site and any discrepancies should be

immediately reported to the originator of the drawing.All information is copyright protected and may not be used or reproduced

without prior permission.

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APPENDIX TWO Location of planning permissions at Northfleet Works

*

Lafarge Cement UK Land Ownership

Mixed Use Development (application reference 20090238)

Crossrail Temporary Tunnelling Logistics Facility (application reference GR/10/1127)

Bulk Aggregates Import Terminal (application reference GR/2009/286)

Bulk Powders Import Terminal (application reference 20050561)

Lawn Road Playing Field Land Raise (application reference 20130669)

Church Path Pit Development Platform and Stockpile (application reference KCC/GR/0240/2013)

Tunnel Road Access

Grove Road Access

Crete Hall Road Access

Church Path Pit Emergency Access

Listed Building Consent for Relocation of War Memorial (application reference 20100612)

Port of London Authority Mast Relocation (application reference 20090385)

Reinstated Rail Link

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42 Wharf

Vineyard Pit

Church Path Pit

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N O R T H F L E E T W O R K S

P L A N N I N G A P P L I C A T I O N S

Note:

General location of proposals shown only. For full red line boundaries see submitted application documents.





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APPENDIX THREE Interim guidance note: PPS25 and development in the Thames tidal flood plain of the Thames Gateway 2008

Interim guidance note: PPS25 and development in the Thames tidal flood plain of the Thames Gateway

05th November 2008 General principles for development that is:

• in the Thames tidal floodplain, and, • protected by the Thames tidal defences covered by the Thames Estuary

2100 strategy, and, • in the Thames Gateway regeneration area.

1. The Sequential Test and Exceptions Tests parts ‘a’ and ‘b’ shall be considered adequately demonstrated for all development sites on previously developed land that have been identified by CLG as forming part of the programme to meet the outcomes set out in the Thames Gateway Delivery Plan ; the case highlighting the exceptional need for development of these sites having already been made by Government in the Sustainable Communities Plan and its successors.

Note: In the case of any question as to whether a particular site forms part of

the Thames Gateway Programme, Planning Liaison teams should consult the Thames Gateway Sustainable Development Team who will have access to a CLG database of Thames Gateway delivery sites.

Evidence to be supplied with any application for these sites: Evidence that the site has been identified by CLG as forming part of the Thames Gateway regeneration programme will suffice for the sequential test and parts ‘a’ and ‘b’ of the exception test based on the attached template. Area Planning Liaison teams should advise all relevant planning bodies of the template and seek to ensure the completed sequential test and exception test is submitted for all appropriate planning applications in the format indicated.

2. For other sites within the Gateway not identified by CLG, and/or, on greenfield

land, a site specific sequential test should be undertaken until the Local Development Framework (LDF) has been sequentially tested. This sequential test can use the Thames Gateway regeneration area within the LA boundary as the area of search, or any other appropriate area as defined by the planning body.

Evidence to be supplied with any application for these sites: A site specific sequential test. The Government’s sustainable development objectives for the Thames Gateway detailed in the Thames Gateway delivery plan are acceptable as evidence to support the sequential and exception tests for development in higher risk areas as required by PPS25. If the development is on a greenfield site then to pass part ‘b’ of the exception test the applicant would have to supply further information to demonstrate there was no reasonably available developable previously developed land.

( Note: The Environment Agency has published a guidance document on how to prepare a sequential test for individual sites)

3. Part ‘c’ of the exception test - demonstrating that a development is safe.

Even in areas benefiting from a high standard of protection (> or = 1 in 200 for breach and overtopping) there will always remain a requirement to reduce the risk to life through the design and layout of development, and through the provision of emergency warning or planning. Evidence to be supplied with any application for sites in higher risk areas (FZ2&3): A site specific flood risk assessment demonstrating the risks from all sources of flooding and any mitigation proposed to reduce those risks. For the assessment of the risk (in the defended tidal floodplain) the following assumptions can be made:

a. Where the TE2100 policy (proposed or agreed) is for continued

maintenance of defences - for the assessment of likelihood of a defence failure for an FRA it can be reasonably assumed that the tidal flood defences on the Thames and Medway Estuaries will be maintained over the next 100 years. This view conforms to PPS25 paragraph 21.

b. Where the TE2100 policy is to sustain the level of defences in line with

climate change – for the assessment of likelihood defence overtopping for an FRA, it can be reasonably assumed that the flood defences on Thames and Medway Estuaries will be maintained and raised over the next 100 years in line with climate change.

c. Whereas new developments must reduce risk to life in event of a flood,

the reduction in risk provided by the existing flood defence infrastructure should be taken into consideration when identifying suitable design measures to reduce risk to property.

Note:

• This guidance relates to the management of tidal flood risk in the Thames Gateway only. There may be requirements to manage fluvial or pluvial (surface water) flood risk as indicated under PPS25.

• This is interim guidance which will be superseded when the relevant

planning authority has in place an adopted local development framework supported by a sequential test and sustainability appraisal





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APPENDIX FOUR Northfleet Works Mixed Use Development Framework Plan

DAVID LOCK ASSOCIATES LIMITED 50 NORTH THIRTEENTH STREET, CENTRAL MILTON KEYNES, MK9 3BP TEL: 01908 666276 FAX: 01908 605747 EMAIL: [email protected] www.davidlock.com

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