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Committee Report

 

 

 

APPLICATION:       MA/13/1943         Date: 11 November 2013         Received: 11 November 2013

 

APPLICANT:

Wealden Limited

 

 

LOCATION:

LAND REAR OF THE HARDWICKS AND ELIZABETH HOUSE, GRIGG LANE, HEADCORN, MAIDSTONE, KENT, TN27 9TD                         

 

PARISH:

 

Headcorn

 

 

PROPOSAL:

Outline planning application for the erection of a children's' nursery school, 20 residential units (comprising 17 detached, semi-detached and terraced houses and 3 bungalows) and provision of a children's' play area together with off-site highway improvements to the junction of Oak Lane and Wheeler Street (A274). Approval is sought for access, appearance, layout and scale with landscaping as a reserved matter as shown on drawing nos. PL-GH-001, PL-WH-OO1revA, 002revC, 003, 004, PL-N-001, 002 and 003, WH-001 and 002, PL-WH-P26-01 and 02, P27-28-01 and 02, P29-30-01 and 02, P31-34-01, 02 and 03, P35-42-01, 02 and 03, P43-01, P44-45-01 and 02, Design and access statement, Schedule of accommodation, Schedule of materials, Tree report Elizabeth House, Tree report, Phase II Grigg Lane, Transport Statement,  Bat emergence survey and ecological survey received 11/11/2013 as amended by further highway layout and tracking details received 20/01/2014, ecological migitgation strategy received 24/02/2014 and highway consultant's letter received 20/03/2014.

 

AGENDA DATE:

 

CASE OFFICER:

 

12 June 2014

 

Steve Clarke

 

The recommendation for this application is being reported to Committee for decision because:

 

    ●    It is contrary to views expressed by Headcorn Parish Council

    ●    It is a departure from the Development Plan

 

1. 0    POLICIES

 

Maidstone Borough-Wide Local Plan 2000:  ENV6, ENV28, ENV34, ENV49, T13, T23, CF1

Draft Maidstone Borough Local Plan Regulation 18 Consultation: SP3, H1, DM2, DM3, DM4, DM11, DM23, DM24
Government Policy:  NPPF 2012, NPPG 2014

 

2.0      HISTORY

 

2.1      Relevant history to this application relates to a parcel of land immediately to the west of this site, on land at Chance Holding and rear of Kent Cottage, Grigg Lane.

·                MA/14/0598: Application to Discharge Conditions relating to MA/12/1949 (Outline planning application with access, layout, scale and appearance to be determined and with landscaping as a reserved matter, for the demolition of buildings at Kent Cottage and Chance Holding to enable the construction of residential development (for 25 dwellings inclusive of 10 affordable dwellings). Being details of Condition 10 - Surface Water Drainage, Condition 11 - Foul Water Drainage: UNDETERMINED

          

·                MA/14/0487: Approval of the reserved matter of landscaping pursuant to outline planning permission MA/12/1949 (Outline planning application with access, layout, scale and appearance to be determined and with landscaping as a reserved matter, for the demolition of buildings at Kent Cottage and Chance Holding to enable the construction of residential development (for 25 dwellings inclusive of 10 affordable dwellings), inclusive of retained woodland as open amenity land, enhanced landscaping including new pond, electricity sub station, foul drainage pumping station with access road off Grigg Lane): UNDETERMINED

 

·                MA/12/1949: Outline planning application with access, layout, scale and appearance to be determined and with landscaping as a reserved matter, for the demolition of buildings at Kent Cottage and Chance Holding to enable the construction of residential development (for 25 dwellings inclusive of 10 affordable dwellings), inclusive of retained woodland as open amenity land, enhanced landscaping including new pond, electricity sub-station, foul drainage pumping station with access road off Grigg Lane: APPROVED 06/02/2014

 

2.2      Also relevant is the recent planning history relating to the development now known as ‘The Hardwicks’ immediately to the south of this site. Application MA/13/1822 relates to the part of the site that was approved under the 2009 planning application for the provision of the childrens’ nursery school.   

 

·                MA/09/2297: Mixed use development comprising Doctors surgery, childrens’ nursery school, plus 16 three bedroom and 9 two bedroom Local Needs housing units: APPROVED 05/07/2010

 

·                MA/13/1822: Erection of 5 houses with associated parking: UNDETERMINED       

 

2.3      I would also advise Members that a planning application has recently been submitted (registered 13/05/2014) for the redevelopment of the existing childrens’ nursery site in Station Approach Headcorn. This is currently within the public consultation period.

 

·                MA/14/0721: Demolition of existing nursery building and erection of 10 terraced houses in two blocks inclusive of parking court, landscaping and road access off Station Approach: UNDETERMINED

 

3.0      CONSULTATION

 

3.1      Headcorn Parish Council: Object

‘Please be advised that my Council would wish to see this application refused due to the (a) the additional traffic that would be generated in the area of Grigg Lane/Oak Lane/Wheeler Street would be detrimental to Highway safety. The traffic survey submitted is out of date and does not take into account the volume of traffic generated by the new doctors surgery or Hardwicks development (b) The additional impact on the sewerage capacity on the existing network (c) The application is premature to the adoption of our neighbourhood plan and would mean development on an existing green field site.

       

We would wish for this application to be reported to the planning committee if it is contrary to your views.’

 

3.1.1     Further comments were subsequently received:

‘The current planning proposal jumps the queue.  It should be considered, if at all, within the totality of the whole LOCAL and NEIGHBOURHOOD PLANs for Maidstone and Headcorn; that is, when all the selected site requirements both within and outside the Borough can be subjected to detailed and comparative argument & analysis in public.

 

However we are aware of the importance of the nursery proposal within this development which could colour the decision in favour of acceptance.  We would urge MBC to require an up to date traffic survey prior to considering this application further as the Hardwicks, Doctors Surgery and Pharmacy have only been in full occupation since February 2014.

 

If however, this application continues to be considered and the MBC Planning Committee are minded to accept this application, then Headcorn Parish Council would ask that the following conditions be included:

 

·         Full technical survey and implementation of a solution to our foul drain problem.

·         Highway improvements, including the build out in Wheeler Street and improvements to the Grigg Lane/Oak Lane junction.

·         Contributions to Headcorn Primary School and Medical Centre.

·         Protection of Trees and Environment.

·         Sustainable and maintained surface water drain off

·         Affordable homes, 15% is more inline with our Village Survey which was carried out in support of the Headcorn Neighbourhood Plan and not the 40% proposed for this application and Headcorn Parish Council would like involvement to ensure local need is met.

·         No rat run through to Lenham Road, footpath access only

·         Contractors vehicles must be housed within the site during construction

·      Parking, 2, 3 & 4 bed houses must have 2 parking spaces in addition to any garage that may be provided for these house types.

 

3.2      Environment Agency: Have assessed the site as having low environmental risk and have no comments to make.

 

3.3      Southern Water: Have advised that there is currently inadequate capacity in the local network to provide foul water disposal. A formal agreement between the developer and Southern Water will therefore be necessary to enable the required capacity to be provided. There is also no surface water sewer. If permission is granted, a condition requiring details of foul and surface water drainage should be imposed and the developer advised to contact Southern Water regarding the necessary upgrades to the sewer system to serve the development.

 

3.4      KCC Ecology: Initially commented that prior to determination of the planning application they required the following additional information to be provided:

• Map showing location of the receptor site

• Ecological assessment of the receptor site (including reptile survey if required)

• Details of ecological enhancements to ensure carrying capacity will not be exceeded

• Details of how the site will be managed in perpetuity.

As a result of reviewing the aerial photos and knowledge of the area from other planning application it appears that the species present are part of a larger population from the surrounding area. As such we recommend that the receptor site is identified within the surrounding area.

 

3.4.1   Further information was subsequently supplied by the applicants seeking to address the issued identified above. KCC Ecology then provided further comments as follows and state that they are now satisfied with the proposals:

 

‘We have reviewed the ecological information which has been submitted for comments in conjunction with the ecological information available to us (including aerial photos and biological records) and we are satisfied with the information which has been submitted and we do not require any additional information to be submitted prior to determination.

 

Great Crested Newts and Reptiles: We had some concerns that the mitigation for GCN and reptiles had not been adequately considered. However additional information has been provided detailing the location of the receptor sites and how they will be managed and monitored.  We are satisfied with this information and advice that if planning permission is granted this mitigation must be implemented.


Breeding Birds: There is vegetation on site suitable for breeding birds. All nesting birds and their young are legally protected under the Wildlife and Countryside act 1981 (as amended). As such we recommend that the vegetation is removed outside of the breeding bird season (March – August inclusive). If that is not possible an ecologist must examine the site prior to work starting and if any nesting birds are recorded all works must cease in that area until all the young have fledged.


Bats: There are trees on site which have been assessed as containing suitable cracks and holes for roosting bats. As a result of comparing the phase 1 survey and the site plan it appears that the trees are to remain on site – as such we are satisfied that there is no requirement for any emergence surveys to be carried out. If any work is proposed to be carried out on the trees advice must be sought from a licenced bat ecologist prior to works being carried out. Lighting can be detrimental to roosting, foraging and commuting bats. We advise that the Bat Conservation Trust’s Bats and Lighting in the UK guidance is adhered to in the lighting design (see end of this note for a summary of key requirements).

 

Enhancements: One of the principles of the National Planning Policy Framework is that “opportunities to incorporate biodiversity in and around developments should be encouraged”. We are satisfied with the proposals to incorporate bat and swift boxes in to the proposed development site.’      

 

3.5      Kent Highways: Initially commented as follows

‘The application is in Outline with access appearance, layout and scale considered at this stage.

 

20 houses are proposed comprising of 11 x 2 bedrooms, 4 x 3 bedrooms and 5 x 4 bedrooms and a nursery of 480m2 to accommodate up to 65 children with 9 staff.

 

The site lies behind a consented scheme for 25 houses (application MA/12/1949). This application includes the creation of a new access from Grigg Lane and this will be used to serve the current application site. A shared surface layout is proposed, designed in accordance with Manual for Streets principles, and incorporating speed reducing features. A pedestrian /cycle access is to be provided between the nursery and the adjoining site, The Hardwicks, leading to the doctor’s surgery and pharmacy.

 

Adequate parking is proposed for the residential development; although the development includes tandem spaces and garages, additional visitor spaces are provided within the layout.

 

The nursery is allocated 12 parking spaces with 2 drop off spaces. The nursery access is to operate one-way with exit via The Hardwicks. The Kent & Medway Vehicle Parking Standards recommend a maximum of 1 space per 2 staff and 1 space per 4 children with space available for deliveries. This would equate to 20 spaces (maximum), however surveys have been conducted of parking at the existing nursery and discussion has taken place with staff at this nursery which is located close to the train station. The outcome indicates that the 12 spaces with additional pick up/drop off spaces would be sufficient as a high proportion of attendees walk to the existing site. Please could the details of the surveys/discussion be provided. Secure cycle parking is required at the nursery site.

 

The measured speed of traffic along Grigg Lane, in the vicinity of the site access is 33.5mph northbound and 36.5mph southbound. Along Oak Lane traffic speeds are 33.4 mph eastbound and 33.7mph westbound (85%ile speeds). Traffic surveys have recorded traffic flows along Grigg Lane and Oak Lane together with queue lengths along Oak Lane at its junction with Wheeler Street. Pedestrian surveys were conducted on Grigg Lane, Oak Lane and Wheeler Street The development of the housing and nursery is expected to generate 37 trips during the AM peak and 27 during the PM peak. This level of increase can be safely accommodated on the highway however improvements are required at the junction of Oak Lane and Wheeler Street where vision splays are currently substandard. A stage 1 safety audit is required in respect of the proposed highway works to the junction of Oak Lane/Wheeler Street with a drawing showing the highway boundary,

existing layout and proposed layout.

 

Crash data has been provided and this indicates that there are no particular issues which require remedial action to be taken. Please could details be provided showing the location and facilities of the nearest bus stops.

Headcorn rail station is approximately 780m by foot. Concern has been raised regarding the lack of crossing facilities on the A274 Wheeler Street between Oak Lane and Station Approach. The applicant had been asked to provide a kerb build out under a Section 278 Agreement as part of this application. There have been 2 recorded crashes involving pedestrians in the vicinity within a 10 year study period. The Transport Statement indicates that the level of pedestrian activity will reduce once the nursery is relocated. I have considered the information in the Transport Statement and I am not convinced that the pedestrian movements across Wheeler Street will be reduced following the closure of the existing nursery. It is important that this site is accessible

to the public transport facilities and in order that pedestrians feel safe in crossing the busy A274 I would recommend that the kerb build out be provided.

 

A drawing showing the extent of the access road to be adopted together with tracking diagrams showing access and turning for emergency vehicles, the refuse vehicle and deliveries is required.’

 

3.5.1   The further information requested above was submitted on 20 January 2014 and additional comments were made as follows.        

‘1. The link between the Hardwicks and the nursery site should be surfaced in a bound material, details to be agreed with KCC Highways.

2. I note the comments relating to the Oak Lane/Wheeler Street junction, however it is considered that prior to any permission being granted, that a stage 1 safety audit is provided in respect of the proposed highway works with a drawing showing the highway boundary, existing layout and proposed layout. As this scheme is being promoted with the planning application it is important that we know that it is achievable.

3. The area of adoption should extend to the site boundary adjacent to Plot 26.

4. The details of the cycle parking can be provided at the detailed design stage.

5. Bus boarders are required at the 2 nearest bus stops located between Orchard Glade and Oak Lane, each side of Wheeler Street, in order that they are accessible to the mobility impaired.

6. The signing scheme for the proposed one way working through the nursery site can be provided with the detailed design.

7. The footway improvement along Oak Lane, as agreed under application MA/12/1949, shall be implemented prior to the commencement of development.

INFORMATIVE: It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained in order to avoid any enforcement action being taken by the Highway Authority, and that the details shown on the approved plan agree in every aspect with those approved under such legislation and common law. It is therefore important for the applicant to contact KCC Highways and Transportation to progress this aspect of the works prior to commencement on site.’

 

3.5.2   Further information was submitted by the applicant on 18 February 2014 and was subject to the following additional response.

‘If a link is to be provided between the Hardwicks and the nursery site this should be surfaced in a bound material and I would suggest that a wildlife tunnel be provided for the reptiles. All details to be agreed with KCC Highways.

1. I note the comments relating to the safety audit requested for the improvements to the Oak Lane/Wheeler Street junction, and although this is recommended I would not recommend refusal on the grounds that this has not been provided. As stated by the applicant the works will be subject to a Section 278 Agreement which will require safety audit checks.

2. The bus stop improvements have been requested in order that those residents from the development, who have mobility issues, are able to access the public transport services. The provision of the bus boarders would bring the bus stops up to DDA standard.’   

 

Officer comment: The indicated link from the nursery site to The Hardwicks will not be adopted and will be closed when not in use outside peak drop-off and pick-up hours and overnight.

 

3.6      KCC Contributions:

           Kent County Council have assessed the implications for increased demand for services they have a responsibility for that may be generated by the development. They have requested the following contributions.

          

Request summary per applicable house

TOTAL

Primary Education (extension cost)

£2360.96

£47,219.20

Primary Education (land)

£1924.09

£ 38,481.80

Secondary Education

No current requirement

£0.00

Community Learning

£30.70

£614.00

Youth Service

£8.44

£168.80

Libraries

£148.17

£ 2,963.40

Adult Social Care

£15.95

£319.00

 

£89,766.20

 

3.6.1   The primary school contribution would be for the expansion of accommodation and the acquisition of additional land to enable expansion of Headcorn primary school. The community learning contribution would be used in dedicated learning centres and community based projects. The youth service contribution would be for the provision of increased centre based youth services in the local area.

           The Library contribution would be for the provision of additional bookstock and services at local Libraries serving the development. The Adult Social Care contribution would be used to provide Telecare and enhanced facilities at buildings within the community

 

3.7      NHS Property Services: Have requested a contribution of £12,492 that would be used to off-set against the investment in the new surgery premises at Headcorn that has already occurred in anticipation of future growth at the village. The request is based on the following formula.

 

Units

Assumed occupancy per dwelling

Total occupancy

Cost @ £360/person

 3 x 2 beds

2.0

6

£2,160

4 x 3 beds

2.8

11.2

£4,032

5 x 4 beds

3.5

17.5

£6,300

 

TOTAL

34.7

£12,492

 

Intermediate and social housing provision has been excluded from the request for contributions in line with NHS Section 106 policy.

 

3.8      Southern Gas Networks: Have provided a plan showing the location of a low-pressure gas main along Grigg Lane.

 

3.9      MBC Environmental Health: Raise no objections

‘This site is at present an open area of agricultural land. As such, there is a possibility, albeit remote, of historic contamination because of this current and historic use. Therefore a contaminated land assessment should be carried out prior to development. That said, there is little else to be particularly concerned about from an EH viewpoint – the site should not be adversely affected by noise or poor air quality, though there could be some congestion caused by the presence of the new school.

3.10       MBC Landscape Officer:

The site is located in LCA 43 (Headcorn Pastureland); within the Low Weald landscape type.  The relevant generic guidelines for the Low Weald are as follows:

-           Conserve the intimate small scale Medieval field pattern, and the species rich hedgerow boundaries

-           Promote enhanced species diversity within hedgerows where this has been weakened

-           Conserve, enhance and extend the frequent pattern of small ponds, and encourage good water quality within

-           Conserve and increase extent of clean water ponds and small farm reservoirs

-           Conserve the abundance of English oak and wild service trees within the landscape, which are frequent as hedgerow trees and as isolated specimens across farmland. Ensure continuity of this key feature by planting new oak trees to replace ageing specimens

-           Avoid widening of characteristic narrow lanes and ensure retention and appropriate management of floristically diverse verges and banks

-           Conserve the largely undeveloped landscape with its scattered development pattern and isolated farmsteads

-           Conserve and promote the use of local materials including chequered red and grey brickwork, weatherboarding, timber framed buildings and ragstone

-           Consider views towards any proposals across the Low Weald from the elevated Greensand Ridge

 

The specific guideline for this area is ‘conserve’ due to the good condition and high sensitivity of the landscape.  The relevant summary of actions are as follows:

 

-           Conserve the abundance of oak as a dominant species, and plant new isolated

        oaks within pasture and hedgerows to replace ageing population

-           Conserve the pastoral land use

-           Conserve and enhance the small scale field pattern and sense of enclosure

-           Conserve the largely undeveloped rural landscape

-           Enhance habitat opportunities around water bodies and ditches by promoting a

           framework of vegetation in these areas

 

The Report on Tree Inspections produced by Broad Oak Tree Consultants Limited is considered acceptable in principle subject to clarification on paragraph 6.3. There is no evidence to support the view that Ash trees should be downgraded because of Ash Dieback.  It is expected that some trees will be more resistant to the disease and could therefore have a safe useful life expectancy in excess of 40 years.  Therefore the categorisation given to Ash trees within the report is not necessarily acceptable. 

 

There are, however, currently no protected trees on or adjacent to this site and any significant specimens are located around the boundaries.  They should therefore be able to be retained with a suitable layout which takes account of the relevant constraints and avoids future pressure for removal. 

 

I acknowledge that the application is for outline consent and would therefore suggest that if, on balance, you are minded to grant consent that conditions are attached to request the following information at detailed submission stage:

 

-           An arboricultural method statement and tree protection plan

-       Detailed landscape proposals with implementation details and a long term      

        management plan.’

 

3.11     MBC Parks & Leisure: BC Parks & Leisure: Have commented as follows:

'We note that the developer proposes to provide a LAP on site, we would ask whether this is confined to nursery use only or whether it is publicly accessible at all times.  This would make a big difference as to whether an offsite contribution is sought and how much.

 

Should the LAP not be publicly accessible then we would seek a full offsite contribution as there is no other provision of on site open space. Should the LAP be publicly accessible then we would still seek an offsite contribution but the value of this would be reduced.

 

For a development of this size we calculate that at least 0.20ha of onsite open space be provided. Headcorn is generally underprovided for in all categories of open space.  It is difficult to tell but from the plans provided we would estimate that the LAP is not 0.20ha or greater in size.

 

With this in mind, this department would request an offsite contribution towards potentially three sites primarily at Headcorn Recreation Ground, Hoggs Bridge Green Allotments and Grigg Lane Sports Ground, all of which are within a one mile radius of the proposed development.

 

With open space provision within the proposed development not at a required size we would request that an offsite contribution be paid to be used towards the maintenance, replacement, and renewal of outdoor sports facilities at Headcorn Recreation Ground and Grigg Lane Sports Ground, with the potential for installation of new facilities also.  While maintenance and improvements to Hoggs Bridge Green Allotments with a view to extra provision would also be requested

 

Bearing in mind that there is some onsite provision we would in this instance seek to request a contribution of £393 per dwelling x 20 = £7860

 

This is calculated on a basis of 0.15ha of open space being provided on site for public use, we would therefore seek an offsite contribution at a quarter of the usual requirement. Please note that this is based on the LAP being publicly accessible, should this not be the case we would request a contribution of £1575 per dwelling x 20 = £31500.  We would also request that this contribution go towards improvement, maintenance and replacement of play facilities at the aforementioned sites.

 

           (Officer comment: The applicants have confirmed that the LAP will be publicly accessible. Therefore, the lower contribution would be applicable in this case).

 

4.0         REPRESENTATIONS

4.0          Four representations objecting to the proposals have been received.       Objections are raised on the following (summarised) grounds.

·         One objection is written on behalf of an existing occupier of one of the properties at The Hardwicks, who is generally housebound. Her garden currently overlooks an empty field as is her bathroom window. Since moving into her house her day-to-day sense of wellbeing has improved. If permission is granted for this development, her garden will overlook initially a building site and eventually the backs of other houses. Whilst not minded to formally object to planning permission being granted, part of the planning conditions should be the provision of 1.8m close board fencing to the properties backing on to the new development. The proposal currently, is to provide 1.5m wire mesh fencing.

·         One letter has been received on behalf of the occupiers of two properties either side of the Wheeler Street/Oak Lane junction. Their main concern is the traffic increase (estimated to be a third) as this road is too narrow to be paved effectively, in fact the proposed paving in the Developer's plan is partly on land owned by my neighbour so couldn't go ahead without his consent regardless.  The traffic survey was done before the new surgery was in use so probably inaccurate. Other sections of paving aren't even proposed leaving sections of Oak Lane extremely dangerous for pedestrians to walk down.  It's very dangerous now when I walk my kids to school, so a third increase in traffic would be most unwelcome.  If pavements were added all the way it would become very congested, effectively single lane in places so I can't see any feasible way around making it safe for pedestrians and allowing traffic to flow.  This scheme includes a nursery so this is a real concern.

·          Loss of light

·         Extra traffic adding to the traffic caused by the doctors surgery and pharmacy

·         The play area should be at the other end of the site where the bungalows are shown

·         Loss of privacy as no close boarded fencing is proposed

·         The nursery will cause traffic problems

·         Inadequate sewage capacity

4.0.1          Six representations in support of the application including from the Doctors’ surgery and Golding Homes (who manage the dwellings at The Hardwicks) have been received, together with a letter of background and information on the running of the nursery and indicating that the existing nursery building is no longer fit-for purpose from the owner of the nursery that is seeking to relocate to the site. The letter also enclosed a petition in favour of the development signed by 184 people.  

 

5.0         CONSIDERATIONS

 

5.1      Site Description

 

5.1.1   The application site amounts to approximately 0.84ha and is located on the north side of Grigg Lane on the north eastern side of Headcorn Village. To the west of the site boundary, beyond the now demolished Kent Cottage (where two dwellings are under construction), is the outer limit of the village confines as defined on the Maidstone Borough-wide Local Plan 2000 Proposals Map. The application site is therefore on one of the exit roads from the village and in Development Plan policy terms, located entirely within the open countryside and the Low Weald Special Landscape Area. Policies ENV28 and ENV34 of the Maidstone Borough-wide Local Plan 2000 refer. The site is part of a larger site allocated for residential development in the Regulation 18 Consultation draft of the Maidstone Borough Local Plan.

5.1.2     Immediately to the south of the site is a recently occupied development of 25 two-storey terraced dwellings, permitted as a ‘rural exceptions site’ development. There was also planning permission for a new doctors’ surgery and childrens day nursery on that site. The doctors’ surgery is now open. The development is known as The Hardwicks.  

5.1.2     Access to the site is achieved from Grigg Lane, via the land to the west (Kent Cottage and Chance Holding) which has outline permission for residential development under application MA/12/1949 for 25 residential units. The estate road that would serve this development is also proposed to serve the current application site.

5.1.3     The site is roughly rectangular in shape and is currently an open undeveloped field, bounded by hedgerows and trees.

5.1.4     The land in the area is relatively level. There are very limited views of the site and the development at The Hardwicks through trees and existing hedgerows from Lenham Road further to the north east.  In the winter months these views may be greater.  There are also clear views from PROW KH606 that runs through the adjacent development site northwards to Lenham Road.

5.2      Proposal

 

5.2.1   Outline planning permission is sought for the erection of a children's' nursery school, 20 residential units (comprising 17 detached, semi-detached and terraced houses and 3 bungalows) and provision of a children's' play area together with off-site highway improvements to the junction of Oak Lane and Wheeler Street (A274).

 

5.2.2   Approval is sought for access, appearance, layout and scale with landscaping as a reserved matter.

 

5.2.3   As indicated earlier access to the site would be achieved from the adjacent development site to the west.

 

5.2.4   A previously approved LAP on the adjacent site would be replaced with a detached house and a new larger open space/play area located within the current site adjacent to the proposed nursery building. 

 

5.2.5   On the northern side of the access road within the site, there would be two pairs of semi-detached dwellings, a linked-detached dwelling and a terrace of three units. Three bungalows would occupy the eastern end of the site. Backing onto The Hardwicks development on the south side of the access road would be two blocks of four terraced units. These would be sited approximately 21m north of the existing units within The Hardwicks. The dwellings would be constructed in a Warnham red stock brick with a mixture of tile hanging or weather-boarded finishes. Two colours of Redland Duo plan tiles would be used for the roofs varied thoughout the development.

 

5.2.6   Plots 35-42 within the development (8 two-bedroom units) would be provided as the affordable housing element of the scheme. These would have 1 parking space per dwelling with 4 designated visitor parking spaces.

 

5.2.7   The development as a whole would be provided with 11 garage spaces and 33 parking spaces including 7 designated visitor spaces.                                                                                                                                                                                         

 

5.2.8   The proposed nursery has been designed to reflect that style of the new Doctors’ surgery on the adjacent site.  It would be approximately 23.7m in length, 15m in depth, 2.5m to eaves and 7.3m to the ridge. It would sit on a brick plinth with black weatherboarding above and would utilise the same roof tiles as the adjacent housing. The roof space would be used as a staff/meeting area and as the manager’s office with two storage areas. The nursery would be provided with 12 parking spaces and 2 drop-off/pick-up spaces. 

 

5.3      Principle of Development

 

5.3.1   The site is, as stated above, outside the currently defined settlement boundary of Headcorn. Headcorn is a designated Rural Service Centre.

 

5.3.2   Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that all planning applications must be determined in accordance with the Development Plan unless other material considerations indicate otherwise.

 

5.3.3  The starting point for consideration is saved policy ENV28 of the Maidstone Borough-wide Local Plan 2000 which states as follows:-

 

              IN THE COUNTRYSIDE PLANNING PERMISSION WILL NOT BE GIVEN FOR DEVELOPMENT WHICH HARMS THE CHARACTER AND APPEARANCE OF THE AREA OR THE AMENITIES OF SURROUNDING OCCUPIERS, AND DEVELOPMENT WILL BE CONFINED TO:

 

  (1) THAT WHICH IS REASONABLY NECESSARY FOR THE PURPOSES OF AGRICULTURE AND FORESTRY; OR

  (2) THE WINNING OF MINERALS; OR

  (3) OPEN AIR RECREATION AND ANCILLARY BUILDINGS PROVIDING OPERATIONAL USES ONLY; OR

  (4) THE PROVISION OF PUBLIC OR INSTITUTIONAL USES FOR WHICH A RURAL LOCATION IS JUSTIFIED; OR

  (5) SUCH OTHER EXCEPTIONS AS INDICATED BY POLICIES ELSEWHERE IN THIS PLAN.

PROPOSALS SHOULD INCLUDE MEASURES FOR HABITAT RESTORATION AND

CREATION TO ENSURE THAT THERE IS NO NET LOSS OF WILDLIFE RESOURCES.

 

           The proposed development does not fit into any of the exceptions set out in policy ENV28 which is why it has been advertised as a departure from the Development Plan.

 

5.3.4 It is necessary therefore to consider two main issues in relation to the proposals. Firstly whether there are any material considerations that would indicate that a decision not in accordance with the Development Plan is justified and secondly would the development cause harm to the character and appearance of the area or the amenities of surrounding occupiers?

 

5.3.5   Character of the area/visual impact, landscape/ecology and residential amenity are considered later in the report.

 

5.3.6   In terms of other material considerations, Headcorn is a defined rural service centre and the application site does lie close to its eastern boundary. The village offers a good range of facilities and services including shops, pubs, a primary, school, library, medical centre surgery and railway station. 

 

5.3.7   The National Planning Policy Framework (NPPF) advises that when planning for development i.e. through the Local Plan process, the focus should be on existing service centres and on land within or adjoining existing settlements. With regard to applications for new housing in the countryside, new isolated dwellings should be avoided unless they accord with the special circumstances that are listed in paragraph 55 of the NPPF. The proposal clearly does not fall within any of the special circumstances cited, but it is in a sustainable location and immediately adjoins the existing settlement.

 

5.3.8   It is also necessary to consider the current position with regard to housing land supply within the Borough. Members will be aware of government advice in the National Planning Policy Framework that states (Para 47) that Councils should;

 

‘identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% (moved forward from later in the plan period) to provide a realistic prospect of achieving the planned supply and to ensure choice and competition in the market for land;’

 

5.3.9 The NPPF defines deliverable as:

 

          ‘To be considered deliverable, sites should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable. Sites with planning permission should be considered deliverable until permission expires, unless there is clear evidence that schemes will not be implemented within five years, for example they will not be viable, there is no longer a demand for the type of units or sites have long term phasing plans.’

 

5.3.10 A very recent Court of Appeal case has clarified that the housing requirement to address when considering the 5 year housing land supply in paragraph 47 of the NPPF is the full objectively assessed housing need.  That figure for housing need should be an unconstrained figure i.e a figure that has not yet been reduced by applying constraints from other policies in the emerging Local Plan.  It is an unvarnished household projection figure.  Consequently, the housing target figure from the Regional Spatial Strategy (South East Plan) is not the correct figure to use when calculating the 5 year housing land supply as it is a constrained figure. 

 

5.3.11 The NPPF requires that local authorities have a clear understanding of housing needs in their area, and as such they should prepare a Strategic Housing Market Assessment (SHMA) to assess their full needs; working with neighbouring authorities where housing market areas cross administrative boundaries. Maidstone has undertaken this process with Ashford Borough Council and Tonbridge and Malling Borough Council. The SHMA identifies the scale and mix of housing, together with the range of tenures that the local population is likely to need over the plan period which would meet household and population projections. It would also address the needs for all types of housing, including affordable housing, and would cater for housing demand and will identify the scale of housing required to meet this demand. 

 

5.3.12 In addition to the SHMA, local planning authorities should also prepare a Strategic Housing Land Availability Assessment (SHLAA) which will establish realistic assumptions about the availability, suitability, and the likely economic viability of land to meet the identified need for housing over the plan period. This work is currently ongoing, but the early indications are that the housing need for the Borough over the plan period (2011-2031) will be in the region of 19500 units.

 

5.3.13 Relevant to this, the NPPF requires that local authorities have a clear understanding of housing needs in their area, and as such they should prepare a Strategic Housing Market Assessment (SHMA) to assess their full needs; working with neighbouring authorities where housing market areas cross administrative boundaries. Maidstone has carried this out with Ashford Borough Council and Tonbridge and Malling Borough Council. The SHMA (2014) confirms the objectively assessed housing need for the borough over the plan period 2011 to 2031 as 19,600 dwellings (980 dwellings per annum). This was agreed by Cabinet on 27th January 2014 and on 24th February 2014 to be included within the draft Local Plan (to be sent out for public consultation).

 

5.3.14 In April 2013 when most recently calculated, the Council had a 2.0 year supply of housing assessed against the objectively assessed housing need of 19,600 dwellings, which is the figure against which the supply must be assessed. Taking into account housing permissions granted since that date, this position will not have changed significantly and would still remain below the 5 year target.

 

5.3.15 This lack of a five year supply is a significant factor and at paragraph 49 of the NPPF it is states that housing applications should be considered in the context of the presumption in favour of sustainable development and that relevant policies for the supply of housing (such as ENV28 which seeks to restrict housing outside of settlements) should not be considered up-to-date if a five year supply cannot be demonstrated. The presumption in favour of sustainable development in this situation means that permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits of the application, when assessed against the policies of the NPPF as a whole.

 

5.3.16 In terms of the location of the site, The NPPF advised that when planning for development i.e. through the Local Plan process, the focus should be on existing service centres and on land within or adjoining existing settlements.  Headcorn is a defined rural service centre (RSC), which outside of the town centre and urban area, are considered the most sustainable settlements in Maidstone's settlement hierarchy, under the draft Local Plan. The draft Local Plan outlines that, “Rural service centres play a key part in the economic and social fabric of the borough and contribute towards its character and built form. They act as a focal point for trade and services by providing a concentration of public transport networks, employment opportunities and community facilities that minimise car journeys.”

 

5.3.17 As stated earlier, the site is part of a larger site allocated for development in the Regulation 18 Consultation draft of the Maidstone Borough Local Plan under Policy H1. However, the three bungalows at the eastern end of the site lie outside the currently proposed allocation. I have therefore carefully considered whether these three additional dwellings are acceptable. The additional land is well screened from Lenham Road and the wider countryside due to existing trees and hedgerows adjacent to the site and in the fields beyond. From Grigg Lane, the site is located immediately behind Elizabeth House and the large detached garage to its west both of which limit/curtail views northwards. In addition as the three dwellings are single-storey, this has also reduced their potential impact. Furthermore, given the housing land supply position, I do not consider that with the fact that in my view the bungalows have no adverse visual impact on the countryside, I do not consider that objections can be raised in principle to their construction. They would also secure a greater mix of housing types within the development.   

 

5.3.18  I consider that development does relate well to the existing (and approved but not yet implemented) development in Headcorn. The site is located immediately adjacent to the currently defined boundary of a rural service centre and in my view is a sustainably located site. Members will note that the site forms part of a larger residential allocation in the Draft Maidstone Borough Local Plan.  In addition, in the light of the current land-supply position, I do consider that bringing forward development on this sustainably located site immediately adjacent to a rural service centre would assist in helping to meet the shortfall in housing supply and I consider this to be a material consideration in favour of permitting the development.

 

5.4      Design and Visual Impact

 

5.4.1   The proposed development will clearly have an impact on the land to the north of the site when viewed from Lenham Road, as built development would take place in a further, currently open field, beyond the existing development at The Hardwicks. However, it will be no closer to Lenham Road than the development approved under application MA/12/1949 and the existing hedgerow and trees on the northern site boundary will be retained.

 

5.4.2   Given the context of the development to the south of the site, the housing and Doctors’ surgery, I am of the view that the development will not be visually harmful when viewed from Grigg Lane.

 

5.4.3   I raise no objection to the development in terms of its impact on the wider landscape. 

 

5.4.4   A mixture of house types are shown within the development. The proposed elevations and scale of the houses are considered to be acceptable reflecting as they do, that permitted on the adjacent site to the west. A good quality stock-brick is shown with variation provided by tile-hanging and the use of weatherboarding between the various plots. Redland Duoplain tiles ( a mixture of grey and brown across the plots) are proposed, which have been approved on the adjacent development.

 

5.4.5   The nursery will use similar materials to the housing but will be clad in black boarding reflecting its ‘barn-like’ appearance.

 

5.4.6   I consider that the proposed bungalows on the eastern side of the site will provide a suitable transition between built development on the site and the countryside beyond.

 

5.4.7    The development will achieve Code Level 3 within the Code for Sustainable Homes. Officers have sought to achieve Code Level 4 but the applicants have declined to accede to this request in relation to this development. The primary reason being the additional cost but also because there is no adopted local policy that seeks to secure Code Level 4.

 

5.4.7     I consider that this is regrettable but do acknowledge the latter reason given. There is a draft policy in the Regulation 18 Consultation draft of the Maidstone Borough Local Plan (DM2) but this has very little weight at the current time and has not been independently examined and could not be used as a reason for refusal of the application.

 

5.4.8     I raise no objections to the development in terms of its design and visual impact.

 

5.5      Residential Amenity

 

5.5.1   I consider that the degree of separation between the proposed dwellings and the existing dwellings within The Hardwicks at 21m is an acceptable distance that will not result in such an unacceptable loss of privacy as to warrant and to be able to sustain an objection on those grounds. 

 

5.6      Highways

 

5.6.1   No objections are raised to the development on the ground of inadequate capacity in the local network. The level of additional traffic generated by what is in effect phase two (following the grant of outline permission under application MA/12/1949) of the development of the larger site (potentially allocated under Policy H1 of the draft Local Plan)  will require improvements at the junction of Wheeler Street(A274) and Oak Lane in addition to the footway improvements that would be secured through planning permission MA/12/1949.

 

5.6.2   The level of car parking proposed for both the residential element and the nursery is considered appropriate and acceptable.

 

5.6.3   No objections are raised to the development on highway grounds.     

 

5.7      Landscaping and Ecology

 

5.7.1   Landscaping is a reserved matter. However, I am satisfied that an appropriate landscaping scheme can be drawn up to provide an appropriate setting for the development. The existing hedgerow and trees on the site’s northern boundary are to be retained as part of development providing an appropriate setting for the development when viewed from Lenham Road to the north. There is space within the development to provide appropriate additional landscaping within the development site.  

 

5.7.2   I am also satisfied that the proposed ecological mitigation and enhancement works in the submitted strategy are also appropriate and that any necessary licence from Natural England would not be withheld. Justification in respect of mitigation for protected species has now been provided and the potential impact on breeding birds addressed. Enhancements  such as the provision of bird and bat boxes are also indicated.

 

5.7.3   The proposed measures have built on those achieved in the earlier development at The Hardwicks and the more recently permitted development on the land to the west. The same ecologist has been the advisor on all three applications and has therefore provided a degree of consistency and continuity to the proposed measures.  

 

5.7.4   Subject to appropriate conditions I raise no objections on landscape or ecology grounds

 

5.8      S106 Obligations

 

5.8.1   Members will be aware that all potential s106 obligations must be assessed against and meet the requirements of the three tests of Regulation 122 of the CIL Regulations 2010 and paragraph 204 of the NPPF 2012. All obligations must be:

·            Necessary to make the development acceptable in planning terms;

·            Directly related to the development; and

·            Fairly and reasonably related in scale and kind to the development.

 

5.8.2   The requested contributions which are agreed by the applicants are as follows:

·                A minimum of 40% affordable housing

·                Primary education (extension cost) at Headcorn Primary school:          £47,219.20 

·                Primary education (land acquisition) at Headcorn Primary school         £38,481.80

 

There is an identified need to increase the capacity at Headcorn Primary School from 210 pupils (1 Form entry) to 420 pupils (2 Form entry). To enable this expansion 0.73ha of additional land is required to expand the school site from 1.37ha to 2.1ha.   

 

·                Community Learning at existing centres and community based projects:   £614.00

·                Youth Service for increased centre based activities in the local area:         £168.80

·                Libraries for additional bookstock in local libraries: £2963.40

·                Adult Social Care for Telecare and improving access to community based facilities in the local area: £319.00

·                NHS Property Services: £12,492 for Headcorn Surgery

·                MBC Parks and Leisure: £7860 for improvements to upgrade facilities at Headcorn Recreation Ground, Hoggs Bridge Green Allotments and Grigg Lane Sports Ground,

 

5.8.3   The development will clearly generate further demand and have an impact on the services for which contributions are offered. I do consider that the proposed contributions/obligations meet the three tests outlined above and that it would be appropriate to secure them.

 

5.8.4   I also consider that it would be appropriate to have an obligation that this development is not commenced in advance of the commencement of construction of the development on the adjacent land to the west approved under application MA/12/1949, to avoid the visual impact of a large estate road being constructed across an open field.

 

6.0      CONCLUSION

 

6.1   The site is in countryside outside the currently defined settlement boundary of Headcorn but is closely related to the settlement.

 

6.2      However, the site is located adjacent to a recently completed development and a site with an extant outline planning permission for 25 units. In addition the site forms part of a larger site allocated for residential development in the Regulation 18 Consultation draft of the Maidstone Borough Local Plan.

 

6.3      In addition I do consider that the development would make a contribution to the housing land supply in the Borough which is a significant factor in favour of approving the application. The site is available and there are no indications it would not be deliverable.

 

6.4      The design of the dwellings and the new nursery building is acceptable and there are no highway objections to the proposals. Any issues regarding the junction of Wheeler Street and Oak Lane will be subject to a s278 agreement and appropriate safety audits when that agreement is prepared. The development should not however be occupied until the improvement works have been undertaken and completed.

 

6.5      Subject to the securing of the s106 contributions through a legal agreement and the imposition of appropriate conditions, permission should be granted.

 

7.0         RECOMMENDATION

 

SUBJECT TO:

 

A:      The prior completion of a s106 legal agreement, in such terms as the Head of Legal Services may advise, to secure the following obligations/contributions.

 

·           A minimum of 40% affordable housing

·           Primary education (extension cost to allow for 2-form entry) at Headcorn Primary school:                                                                                           £47,219.20

·           Primary education (land acquisition to enable the school to expand to 2-form entry) at Headcorn Primary school                                                                  £38,481.80

·           Community Learning at existing centres and community based projects:   £614.00

·           Youth Service for increased centre based activities in the local area:         £168.80

·           Libraries for additional bookstock in local libraries:                                £2963.40

·           Adult Social Care for Telecare and improving access to community based facilities in the local area                                                                                    £319.00

·           NHS Property Services: £12,492 for Headcorn Surgery

·           MBC Parks and Leisure: £7860 for improvements at Headcorn Recreation Ground, Hoggs Bridge Green Allotments and Grigg Lane Sports Ground,

·           To ensure that this development is not constructed in advance of the commencement of construction of the development on the adjacent site to the west approved under application MA/12/1949.

 

The Head of Planning & Development BE GIVEN DELEGATED POWERS TO GRANT PLANNING PERMISSION subject to the following conditions:

 

 

1.   The development shall not commence until approval of the following reserved matters has been obtained in writing from the Local Planning Authority:-

a. Landscaping

 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved;

 Reason: No such details have been submitted and in accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2.   The details of landscaping submitted pursuant to condition 1 above shall provide for the following:

(i) Details of all trees to be retained and any to be removed together with detailed Root Protection Plans. 
(ii) A detailed arboricultural method statement that includes assessment of the works relating to the construction of the dwellings on plots 26 to 34 inclusive and plot 43.
(iii) A long term landscape management plan for the site. to have been prepared in conjunction with the ecological mitigation and enhancement measures to be provided on the site pursuant to condition 3 below.
iv) The provision of natives species hedging and railings/dwarf walls/fencing to the highway frontages of the proposed dwellings.
(v) Measures to prevent parking on the landscaped verges along the site access roads.

Reason: No such details have been submitted and to ensure a satisfactory appearance to the development.

3.   The development shall  be carried out in accordance with the recommendations of the ecological survey report and bat emergence survey received 25/11/2013 and the Mitigation Strategy dated 24 February 2014, and shall include;
(i) the provision of bat bricks/boxes, bird nesting boxes and swift bricks.
(ii) the retention of a proportion of the cordwood within the site.
(iii) the provision of refugia and hibernacula.
(iv) the provision of 'wildlife-friendly' drainage gullies.

Reason: To secure appropriate enhancement within the site in the interests of ecology and biodiversity.

4.   All trees to be retained must be protected by barriers and/or ground protection in accordance with BS 5837 (2012) 'Trees in Relation to Design, Demolition and Construction-Recommendations'. No work shall take place on site until full details of protection have been submitted to and approved in writing by the Local Planning Authority. The approved barriers and/or ground protection shall be erected before any equipment, machinery or materials are brought onto the site and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed, nor fires lit, within any of the areas protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground levels changed, nor excavations made within these areas without the written consent of the Local Planning Authority;

Reason: To safeguard existing trees to be retained and to ensure a satisfactory setting and external appearance to the development.

5.   The approved details of the parking/turning areas shall be completed before the commencement of the use of the land or buildings hereby permitted and shall thereafter be kept available for such use. No development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any order revoking and re- enacting that Order, with or without modification) or not, shall be carried out on the areas indicated or in such a position as to preclude vehicular access to them;

Reason: Development without adequate parking/turning provision is likely to lead to parking inconvenient to other road users and in the interests of road safety.

6.   The external materials used in the construction of the of the dwellings shall be as specified in the external materials schedule dated 16/08/2013 received 25/11/2013 unless otherwise agreed in writing by the local planning authority.
 
Reason: To ensure a satisfactory appearance to the development.

7.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 and the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008  (or any order revoking and re-enacting that Order with or without modification) no development within Schedule 2, Part 1, Classes A, B and F and Part 2 Class A to that Order shall be carried out without the permission of the Local Planning Authority;
    
Reason: To safeguard the character, appearance and functioning of the surrounding area.

8.   The dwellings shall achieve at least code 3 of the Code for Sustainable Homes. A final Code certificate shall be issued not later than one calendar year following first occupation of the dwellings certifying that level 3 has been achieved.

Reason: to ensure a sustainable and energy efficient form of development.

9.   No part of the development shall be occupied until details of the proposed lighting scheme have been submitted to and approved by the local planning authority. The details submitted for approval shall include;
 
i) the submission of lighting contour plots showing the site and adjoining development;
ii) sufficient detail to demonstrate that the proposed scheme complies with the recommendations of the Institute of Lighting Engineers 'Guidance Notes for reduction of Obtrusive Light' for sites located in Environmental Zone E2 and;
iii) measures to demonstrate that light spillage into the proposed landscaped area has been minimised.

The development shall be carried out in accordance with the subsequently approved details and maintained thereafter.  

Reason: In the interests of the character of the area, ecology and the amenity of nearby residents.

10.        The development shall not commence until a detailed design for a sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The detailed drainage design should include details of how the scheme shall be maintained and managed after completion.

The drainage strategy should demonstrate the surface water run-off generated up to and including the 100yr critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event, and so not increase the risk of flooding both on- or off-site.

The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
 
Reason: To prevent flooding both on and off site by ensuring the satisfactory storage and disposal of surface water.

11.        The development shall not commence until a details of foul water drainage have been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.
 
Reason: To prevent flooding both on and off site by ensuring the satisfactory disposal of foul water.

12.        Details of all fencing, walling and other boundary treatments shall be submitted for approval in conjunction with the details of the reserved matter of landscaping submitted pursuant to condition 1 above. The development shall be carried out in accordance with the subsequently approved details before the first occupation of the buildings or land and maintained thereafter;

Reason: To ensure a satisfactory appearance to the development and to safeguard the enjoyment of their properties by existing and prospective occupiers.

13.        No part of the development hereby permitted shall be occupied until the footway on Oak Lane shown on drawing no OLH-004 received 26/10/20012 approved in respect of application MA/12 1949 and the works at the junction of Oak Lane and Wheeler Street as shown on drawings WSH-001 and 002 have been constructed, completed and provided with their final external surface.  

Reason: In the interests of highway and pedestrian safety.

14.        If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

Reason: To protect the amenities of existing and future residents.

15.        The development shall be constructed to ensure that at least 10% of the site's energy consumption will be derived from on-site renewable or low-carbon energy sources.  Details and confirmation that this has been achieved shall be submitted to the Local Planning Authority within twelve months of the first occupation of any unit within the development.

Reason: To ensure a sustainable and energy efficient form of development.

16.        The development hereby permitted shall be carried out in accordance with the following approved plans:
drawing nos. PL-WH-OO1revA, 002revC, 003, 004, PL-N-001, 002 and 003, WH-001 and 002, PL-WH-P26-01 and 02, P27-28-01 and 02, P29-30-01 and 02, P31-34-01, 02 and 03, P35-42-01, 02 and 03, P43-01, P44-45-01 and 02.    

Reason: To ensure the quality of the development is maintained and to prevent harm to the residential amenity of neighbouring occupiers.

 

 

Informatives set out below

Attention is drawn to Sections 60 and 61 of the Control of Pollution Act 1974 and to the Associated British Standard Code of practice BS5228:1997 for noise control on construction sites. Statutory requirements are laid down for control of noise during works of construction and demolition and you are advised to contact the Environmental Health Manager regarding noise control requirements.

No vehicles in connection with the construction of the development may arrive, depart, be loaded or unloaded within the general site except between the hours of 0800 and 1900 Mondays to Fridays and 0800 and 1300 hours on Saturdays and at no time on Sundays or Bank Holidays.

Plant and machinery used for demolition and construction shall only be operated within the application site between 0800 hours and 1900 hours on Mondays to Fridays and between 0800 hours and 1300 hours on Saturdays and at no time on Sunday and Bank Holidays.

The developer may be required to produce a Site Waste Management Plan in accordance with Clean Neighbourhoods and Environment Act 2005 Section 54. As per the relevant act and the Site Waste Management Regulations 2008, this should be available for inspection by the Local Authority at any time prior to and during the development.

The importance of notifying local residents in advance of any unavoidably noisy operations, particularly when these are to take place outside the normal working hours, cannot be stressed enough. Where possible, the developer shall provide the Council and residents with a name of a person and maintain dedicated telephone number to deal with any noise complaints or queries about the work, for example scaffolding alarm misfiring late in the night/early hours of the morning, any over-run of any kind.

A formal application for connection to the public sewerage system is required in order to service this development. To initiate a sewer capacity check to identify the appropriate connection point for the development, please contact Atkins Ltd. Anglo Street James House, 39A Southgate Street, Winchester, SO23 9EH

The proposed development does not conform with policy ENV28 of the Maidstone Borough-wide Local plan 2000. However given the current shortfall in the required five-year housing supply and the lack of unacceptable harm to the character or appearance of the area as a result of the development and its relationship with the wider countryside and existing adjoining development, together with the site's sustainable location immediately adjacent to a rural service centre a departure from that policy would be likely to result in only minor harm to the character of the countryside.


Note to Applicant

In accordance with paragraphs 186 and 187 of the NPPF, Maidstone Borough Council (MBC) takes a positive and proactive approach to development proposals focused on solutions. MBC works with applicants/agents in a positive and proactive manner by:

Offering a pre-application advice and duty desk service.

Where possible, suggesting solutions to secure a successful outcome.

As appropriate, updating applicants/agents of any issues that may arise in the processing of their application.

In this instance:

The applicant/agent was advised of minor changes required to the application and these were agreed.

The applicant/agent was provided with formal pre-application advice.

The application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the committee and promote the application.