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REPORT SUMMARY

 

REFERENCE NO -  14/0475
APPLICATION PROPOSAL An application for the erection of 14No. detached dwellings inclusive of garaging/car barns and open amenity land adjacent to the northern boundary
ADDRESS Land Adjacent To 103, Eyhorne Street, Hollingbourne, Maidstone, Kent, ME17 1TX
RECOMMENDATION  approval
SUMMARY OF REASONS FOR RECOMMENDATION/REASONS FOR REFUSAL
REASON FOR REFERRAL TO COMMITTEE ● It is contrary to views expressed by Hollingbourne Parish Council. ● It is a departure from the Development Plan.
WARD North Downs		PARISH/TOWN COUNCIL Hollingbourne	APPLICANT Strategic Land Kent Ltd. AGENT Wealden Homes
DECISION DUE DATE 07/07/14		PUBLICITY EXPIRY DATE 07/07/14	OFFICER SITE VISIT DATE 07/07/14
RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining sites):
App No	Proposal			Decision	Date

 

MA/06/0140N	Erection oerectio Erection of a detached house and garage on Land to the rear of 103 Eyhorne Street.	Refused and appeal dismissed	13/10/2006
Summarise Reasons: The land is in the countryside and erection of a new dwelling house is contrary to the local plan policy and government advice and harmful to the local landscape and openness of the countryside.

 

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MAIN REPORT

 

1.0          DESCRIPTION OF SITE

 

1.01     The application site measures 1.15 hectares of semi rectangular shape area of land, situated along the northern boundary of Hollingbourne village and within the Special Landscape Area as shown in the Maidstone Borough wide Local Plan 2000.

1.02    The land is enclosed from the east by extensive hedge and trees, Eyhorne Street and Godfrey house (a grade II* listed building and associated ground), from north by hedge and trees, Station Approach Road and the railway line embankment, from the west by a narrow stream and farm land beyond and from the south by further trees and hedge and a two storey house with associated garage building and associated large back garden.

1.03    There is a farm gated vehicular access from Eyhorne Street to the site and the lawful use of the land is agriculture.

1.04    The land is identified as a grade 2(very good) quality agricultural land that is being used for livestock grazing.

1.05    Hollingbourne offers a good range of facilities and services including shops, pubs, a primary school, a church and railway station.

           

2.0       PROPOSAL

 

2.01     This is a full application for the erection of 14no detached dwellings with associated garages and estate access road. The following table provide details of each dwelling:-

 

House plot	No floors	No bedrooms	Habitable Floor area/m2	Eaves height meter	Ridge height meter
1	1 (bungalow)	2	120	2.5	6
2 & 3	1+attic(dormers)	4	220	2.7	7
4, 6 & 8	2 (house)	4	165	5	8.2
7, 9 &11	2+attic(dormers)	5	190	5.5	10
5,10,12 & 13	2 (house)	5	190	5.2	9
14	2 (house)	5	211	5.3	9.8

 

.

2.02    All the dwellings have private rear amenity garden varying in size from minimum of 10m to over 20m in depth.

2.03    Access to the site would be from Eyhorne Street close to the existing vehicular access used by the farmer and a pedestrian link access from the northern boundary to the Station Approach Road. 

2.04    The density would be 12.2 dwelling per hectare.

2.05    The development would be constructed to Code 4 level for sustainable homes standards.

           

3.0       PLANNING CONSTRAINTS

3.01    Godfrey House is a grade II* listed building.

3.02    Special Landscape Area.

3.03    Trees and hedgerow

 

4.0       POLICY AND OTHER CONSIDERATIONS

4.01    Maidstone Borough-Wide Local Plan 2000: ENV28, ENV34, T13

4.02    Maidstone Borough Local Plan Regulation 18 Consultation 2014

SS1 Maidstone Borough spatial strategy; SP4 Large villages; SP5 Countryside,

DM30 Design Principles in the countryside;  DM4 Principle of Good Design; H1 (50) Housing allocations; H2 Density of the housing

Government Policy: NPPF 2012

Planning Policy Guidance 2014

 

5.0       CONSULTATIONS

 

5.01     Hollingbourne Parish Council: Has objected to the application

Parish Council objected to the development over the pressure these extra properties would put on the school, traffic, public services, sewerage and drainage provision, drinking water, the train services and local infrastructure. 

Maidstone Borough Council’s plans to build 18600 new homes in the Borough by 2031.

Parish Council had drawn MBC’s attention to possibly suitable land near the railway station for a small number of affordable homes. However the Wealden Homes plan is not on this land and is outside of the village envelope.

We need affordable housing and that these properties are not for the village’s best interest as we already have plenty of large houses. 

It is a special landscape area, in front of an exceptionally beautiful property in the village and is totally inappropriate. 

The issue of land allocation is only provisional and that Mr A Bennett had genuinely suggested a far better site. 

We need more families in the village in order to balance demographics although this might put more pressure on the school which is oversubscribed with limited space for expansion.

If this item should go to a full MBC Planning Committee, that the Parish Council should send a representative to speak. 

5.02    Parish Council’s comments on revised plans received 17/07/14:

• It is outside the village envelope.

It is contrary to our Neighbourhood Plan where we seek to encourage development suitable for local demand. This is likely to be houses of an affordable type. The village has an adequate supply of high cost housing. We wish to encourage residential development that will bring In people who wish to be part of the community.

• We feel that we should not have an exclusive development of houses within a village.
• This application is premature whilst the local plan is being considered.
• It is not a site identified by Hollingbourne Parish Council for development.

 

5.03     English Heritage:

Has expressed concern about the loss of agricultural land around Godfrey House which is a grade II* listed building. EH states that surrounding fertile agricultural landscape makes a contribution to the significance of the listed building, allows clear views of the house and point out that historically this building has been in a rural setting and separated from the settlement.

 

However, if the Council is minded to accept housing on this site, we suggest that you consider ways in which impacts on the setting of Godfrey House might be mitigated through site planning or soft landscaping.

 

 

5.04     KCC Ecological Officer:   Is satisfied that the Ecological Scoping Survey report submitted present an adequate assessment of the potential ecological impact of the proposed development. The grassed area of the site has limited ecological interest but boundary trees and hedgerows and the stream do have ecological value. Trees along the northern boundary have potential to support roosting bats.

We advise that

·       No further works to trees are carried out without consultation with a licensed bat worker to ensure that no offences are committed.

·       It would be appropriate to plant entirely native species planting scheme, rather than the species currently proposed.

·       Use of bat bricks and tiles should be considered in the new buildings, bat boxes attached to suitable trees and log piles provided for invertebrates and reptiles.

·       The boundary treatment of the stream should be design to provide ecological enhancements.

·       For street lighting low or high pressure sodium light should be use instead of mercury or metal halide lamps. For security and domestic lighting, lamps of greater than 150w should not be use and movement or similar sensors must be used. 

5.05    Natural England: Does not wish to comment on this development proposal.

5.06    UK Power Networks: Have no objection.

5.07    Environmental Agency:  Have no comments on this planning application.

5.08    Kent Police Crime prevention officer: Has no objections.

5.09    KCC Highway services:  Have no objections subject to the following conditions and informative.

 

1. Provision of construction vehicle loading/unloading and turning facilities prior to commencement of work on site and for the duration of construction.

 

2. Provision of parking facilities for site personnel and visitors prior to commencement of work on site and for the duration of construction.

 

3. Provision of measures to prevent the discharge of surface water onto the highway.

 

4. Provision of wheel washing facilities prior to commencement of work on site and for the duration of construction.

 

5. Provision and permanent retention of the vehicle parking spaces and/or garages shown on the submitted plans prior to the use of the site commencing.

 

6. Provision and permanent retention of the vehicle loading/unloading and turning facilities shown on the submitted plans prior to the use of the site commencing.

 

7. Completion and maintenance of the access shown on the submitted plans to the use of the site commencing.

 

8. The proposed roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, driveway gradients, car parking and street furniture to be laid out and constructed in accordance with details to be submitted to and approved by the Local Planning Authority.

 

9. Provision and maintenance of the visibility splays shown on the submitted plans with no obstructions over 0.6 metres above carriageway level within the splays, prior to the use of the site commencing.

 

INFORMATIVE:  

Planning permission does not convey any approval for construction of the required vehicular crossing, or any other works within the highway for which a statutory licence must be obtained.

 

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 and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

 

The applicant must also ensure that the details shown on the approved plans 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.

 

Applicants should contact Kent County Council - Highways and Transportation in order to obtain the necessary Application Pack.

           

5.14    Mid Kent Environmental Health Shared Service: Has no objections to the application provided that the noise mitigation measures stated in the acoustic assessment report produced by Peter Moore Acoustics Ltd in March 2014 are followed implicitly.

5.15    Also submitted is the phase 1 & 2 land contamination report produced by R Carr Geotechnical Services, Ref 3010/14 in April 2014, which is an investigation of the site from a geotechnical as well as land contamination perspective. It includes an intrusive investigation of the site using current methodology and concludes that no contamination of any concern was found and therefore no remediation of the site prior to development is required. Steve Wilcock similarly agreed with this report and its conclusions.

 

5.16    Environmental Health requested conditions:

 

Noise Mitigation and Ventilation:

 

1          Details of the noise mitigation measures recommended in the “Assessment of Environmental Noise and Vibration” report, Ref 140101/5 and dated 20^th March 2014 shall be submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the works have been implemented in accordance with the approved details.

 

2          The applicant is to demonstrate compliance with this noise report.

The recommendations for the protection of residents from noise by the installation of glazing and acoustically treated ventilation to adequately address these concerns.

 

INFORMATIVES

 

As the development involves demolition and / or construction, I would recommend that the applicant is supplied with the Mid Kent Environmental Code of Development Practice. Broad compliance with this document is expected. 

 

5.17    Park and leisure:  Information that has been provided does not show any form of onsite open space being provided and as such we would request an offsite contribution towards open space.

5.18    With this in mind, this department would request an offsite contribution towards Hollingbourne Recreation Ground and Cardwell Play Area.  This area of open space is less than 500m away from the proposed development and as such it is reasonable to expect that this site will see increased usage as a result of this development

5.19    With no open space provision within the proposed development we would request that an offsite contribution be paid to be used towards the maintenance, replacement, and renewal of existing play equipment and outdoor sports facilities at these sites, with the potential for installation of new facilities also

We would in this instance seek to request a contribution of £1575 per dwelling x14.

5.20    KCC Economic Development:

The County Council has assessed the implications of this proposal in terms of the delivery of its community services and is of the opinion that it will have an additional impact on the delivery of its services, which will require mitigation either through the direct provision of infrastructure or the payment of an appropriate financial contribution.

5.21    The Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 (the CIL Regulations) (Regulation 122) require that requests for development contributions of various kinds must comply with three specific legal tests:

1. Necessary,

2. Related to the development, and

3. Reasonably related in scale and kind

 

5.22    These tests have been duly applied in the context of this planning application and give rise to the following specific requirements (the evidence supporting these requirements is set out in the attached Appendices).

5.23    Primary Education

The proposal gives rise to additional primary school pupils during occupation of this development. This need, cumulatively with other new developments in the vicinity, can only be met through the provision of additional Primary School places locally, as the forecast primary pupil product in the locality results in the maximum capacity of local primary schools being exceeded.

5.24    This proposal has been assessed in accordance with the KCC Development Contributions Guide methodology of ‘first come, first served’ assessment; having regard to the indigenous pupils, overlain by the pupil generation impact of this and concurrent new residential developments on the locality.

5.25    The County Council requires a financial contribution towards construction of the additional school accommodation locally at £2360.96 for each ‘applicable’ house (‘applicable’ means: all dwellings except 1 bed of less than 56sqm GIA).

5.26    Please note this process will be kept under review and may be subject to change (including possible locational change) as the Local Education Authority has to ensure provision of sufficient pupil spaces at an appropriate time and location to meet its statutory obligation under the Education Act 1996 and as the Strategic Commissioner of Education provision in the County under the Education Act 2011.

5.27    KCC will commission additional pupil places required to mitigate the forecast impact of new residential development on local education infrastructure generally in accordance with it Commissioning Plan for Education Provision 2012-17 and Delivering Bold Steps for Kent - Education, learning and skill Vision and priorities for improvement May 2012.

5.28    Community Learning

There is an assessed shortfall in provision for this service: the current adult participation in the District in both Centres and Outreach facilities is in excess of current service capacity, along with cost of mitigation.

5.29    The County Council will mitigate this impact through the provision of new/expanded facilities and services both through dedicated Adult Education centres and through outreach Community learning facilities local to the development.

5.30    The projects will be delivered as the monies are received and to accord with the LPA’s Infrastructure Delivery Plan (where applicable).

5.31    The County Council therefore requests £30.70 per household to address the direct impact of this development.

5.32    Youth Services

The service caters for young people from 11 to 25 years though the prime focus is on hard to reach 13 to 19 year olds. The service is provided on a hub and spoke service delivery model. The hub offers the full range of services whilst spokes provide outreach provision. Outreach provision can take a number of forms, including detached youth workers, mobile services, affiliated voluntary and community groups etc.

5.33    Forecasts indicate that there is sufficient capacity within the Outreach service to accommodate the increased demand generated through the development, therefore KCC will only seek to provide increased centre based youth services in the local area.

5.34    The County Council therefore requests £8.44 per household. 

5.35    Libraries and Archives

There is an assessed shortfall in provision : overall borrower numbers in the local area are in excess of area service capacity, and bookstock for Maidstone Borough at 1339 per 1000 population is below the County average of 1349 and both the England and total UK figures of 1510 and 1605 respectively.

5.36    The County Council will mitigate this impact through the provision of additional bookstock and equipment at local Libraries serving the development and will be delivered as and when the monies are received and will accord with the LPA’s Infrastructure Delivery Plan (where applicable).

5.37    The County Council therefore requests £116.71 per household to address the direct impact of this development.

 

5.38    Adult Social Care

Facilities for are fully allocated. The proposed development will result in a demand upon social services which FSC are under a statutory obligation to meet but will have no additional funding to do so.

5.39    The County Council will mitigate this impact through the provision of new/expanded facilities and services both on site and local to the development.

5.40    The mitigation will comprise the following projects:

Project 1: Assistive Technology (also referred to as Telecare): installation of technology items in homes on this development (including: pendants, fall sensors, alarms, etc.) to enable existing & future clients to live as independently and secure as possible in their own homes on this site.

Project 2: Building Rural Community Capacity: enhancement of local community facilities to ensure full DDA access to clients to participate in community activities and groups.

5.41    These projects will be delivered once the moneys are collected except where the implementation of the proposed project(s) relies upon pooled funds, then the project will commence as soon as practicable once the funding target has been reached.

5.42    The County Council therefore requests £15.94 per household.

5.43    Superfast Fibre Optic Broadband

To provide: ‘fibre to the premise’ (Superfast fibre optic broadband) to all buildings (residential, commercial, community etc) of adequate capacity (internal min speed of 100mb to each building) for current and future use of the buildings

5.44    NHS Property Services: This development is expected to result in a need to

invest in a number of local surgery premises:

-Orchard (Langley)surgery

-Glebe surgery- Harrietsham

-Yeomans Lane surgery, Bearsted

5.45    All of the above surgeries are within a 2.50 mile radius of the development at Eyhorne Street, Hollingbourne. This contribution will be directly related to supporting the improvements within primary care by way of extension, refurbishment and/or upgrade in order to provide the required capacity.

5.46    NHS Property Services Ltd will continue with the NHS West Kent formulae for calculating s106 contributions which have been used for some time and are calculated as fair and reasonable. NHS Property Services will not apply for contributions if the units are identified for affordable/social housing.

 

5.47    The application identifies unit sizes to calculate predicted occupancy multiplied by £360 per person. When the unit sizes are not identified then an assumed occupancy of 2.34 persons will be used.

 

Predicted Occupancy rates

 

1 bed unit      @        1.4 persons

2 bed unit      @        2 persons

3 bed unit      @        2.8 persons

4 bed unit      @        3.5 persons

5 bed unit      @        4.8 persons

 

For this particular application the contribution has been calculated as such:

 

Predicted Occupancy rates	Number of dwellings	Total occupancy	Contribution sought (Occupancy x £360)
2 bed unit @ 2 persons 4 bed unit @ 3.5 persons 5 bed unit @ 4.8 persons	1   5   8	58@360	£20,880

 

5.48    NHS Property Services Ltd therefore seeks a healthcare contribution of £20,880 plus support for our legal costs in connection with securing this contribution. This figure has been calculated as the cost per person needed to enhance healthcare needs within the NHS services.

 

5.49    Southern Water:     We request that if planning permission is granted for this development the following informative to be added.

A formal application for connection to the public sewerage is required.

 

6.0       REPRESENTATION

6.1       Three letters have been received objecting to the proposed development on the following grounds:

• Harmful to the setting of Grad II* listed building.
• The land is in the countryside and referring to the application for the development of land to the rear of 103 Eyhorne Street that was refused and dismissed on appeal on bases that the land is in the countryside and special landscape area.

 

7.0       BACKGROUND PAPERS AND PLANS

 

7.01    drawings no PL-HB-001,  PL-HB-002 Rev B, PL-HB-003 Rev B, PL-HB-004 Rev B, PL-HB-005 Rev B, PL-HB-006,  PL-HB-007, PL- HB-008, PL- HB-009 PL- HB-010, PL-WH-P1-01 Rev A, PL-WH-P1-02 Rev B, PL-WH-P2- 01, PL-WH-P3 -02 Rev A, PL-WH-P3 -01 Rev A, PL-WH-P4 02 Rev B, PL-WH-P8- 01 Rev B, PL-WH-P4&8- 01 Rev B, PL-WH-P5-01,  PL-WH-P5-012 Rev A,  PL-WH-G6- 01 Rev A, PL-WH-G6- 02 Rev B, PL-WH-P7- 11- 01, PL-WH-P7-11-02, PL-WH-G7-11-01, PL-WH-P9- 01, PL-WH-P9-02 Rev A,  PL-WH-P10- 01Rev A, PL-WH-P10- 02 Rev A,  PL-WH-P12-13- 01 Rev A, PL-WH-P12- 02 Rev A, PL-WH-P13- 02 Rev A, PL-WH-P14- 01, PL-WH-P14- 02,  received on 24/03/2014, 18/07/2014 and 22/07/2014

and Design and Access Statement (March 2014), Report on inspection of trees(19/03/2014), Transport Statement (March 2014), Flood Risk Assessment (March 2014), Ecological Scoping Survey (7.04.2014), Phase 1 Geo Environmental Desk Study and phase 2 report on subsoil investigations (April 2014), Assessment of environmental noise and vibration (20/03/2014) received 24/03/2014.

 

 

8.0       APPRAISAL

 

          Principle of Development

 

8.01     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.

The development plan for the area includes saved policies of Maidstone Borough Wide Local Plan 2000.

8.02    The application site is mainly located in the countryside outside the defined settlement boundary of Hollingbourne. However, the site adjoins the village boundary.

8.03    The development should be considered against the saved policy ENV28 of the Maidstone Borough-wide Local Plan 2000 which states as follows Policy ENV28 states:-

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.

8.04    The proposed development does not fit into any of the exceptions set out in policy ENV28. As a result this application has been advertised as a departure from the Development Plan. It is necessary therefore to consider two main issues in relation to the proposals.

8.05    Firstly whether there are any material considerations that would justify a decision be made not in accordance with the Development Plan.

8.06    Second whether the proposed development would cause harm to the character and appearance of the area or the amenities of surrounding occupiers that warrant refusal of the application?

8.07    In terms of other material considerations, The National Planning Policy Framework is an important material consideration (NPPF) that carries considerable weight in determination of this application, particularly when Maidstone Local Plan is out of date with framework’s requirements.

8.08    Also the emerging Borough wide Local Plan is at its early (Regulation 18)/preparation stage and carries very limited weight. However, the application site has been identified in this document as a potential site for housing development.

8.09    The main issue to consider is whether the proposed residential development would be justified in this location given the presumption against such development in the countryside and local landscape importance. It would also necessary to assess the impact of the proposal on the setting of the II* listed building Godfrey House to the south. (This will be discussed later in this report)

8.10    NPPF advises that to promote sustainable development, housing should be located where it will enhance or maintain the vitality of rural communities. 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.

8.11    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.”

8.12    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.’

 

8.13    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.

8.14    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 18500 units.

8.15    Maidstone has carried this out with Ashford Borough Council and Tonbridge and Malling Borough Council a Strategic Housing Market Assessment. The SHMA (2014) confirms the objectively assessed housing need for the borough over the plan period 2011 to 2031 as 18,600 dwellings (930 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.

8.16    Most recently calculated, the Council had a 2.2 year supply of housing assessed against the objectively assessed housing need of 18,600 dwellings, which is the figure against which the supply must be assessed.

8.17    Taking into account housing permissions granted since April 2013, this position will have changed very marginally and would still remain below the 5 year target.

8.18    This 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.

8.19    Given lack of a five year housing land supply and the consistency of the local plan with the Framework’s requirements, that policy objection is not determinative if, as here, the spatial application of that policy is out of date and needs to be altered in order to meet the objectively assessed development needs of the Borough. Therefore policy ENV28 should be considered out of date and given less weight and permission should be granted unless any adverse impacts can be demonstrated that would outweigh the benefits of the application, when assessed against the policies of the NPPF as a whole.

8.20    Moreover, the application site is a housing allocation H1(50) in the emerging local paln. This allocation indicates that the Council might look favourably to an application to develop the site. In addition submission of this application by the developer is a clear indication that the land is available for development.

8.21    In terms of the location of the site, The NPPF says, to promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of the rural communities. Policy SP4 of Maidstone Borough Local Plan Regulation 18 has identified Hollingbourne as a large village, sustainable location for limited new housing provided that it is of a scale in keeping with its role and scale; where limited new house development and population increase would help to support village services and facilities.

8.22    The emerging local plan has set the following criteria for the development of this site:

Design and layout

-The line of trees along the north eastern boundary of the site will be retained in order to provide a suitable buffer between new housing and the railway line.

-Structural landscaping will be implemented along the north western boundary of the site in order to screen the edge of development from the open countryside, and to protect the setting of the Kent Downs AONB

-The hedgerow along the south eastern boundary of the site will be enhanced in order to provide the setting of the Grade II* listed building Godfrey House.

Access

Access will be taken from Eyhorne Street only.

Ecology

Development will be subject to the result and recommendation of a phase one ecological survey.

Noise

Development will be subject to a noise survey to determine any necessary attenuation measures in relation to the railway line.

Open space

Provision of publicly accessible open space as proven necessary, and /or contributions.

Community infrastructure

Appropriate contributions towards community infrastructure will be provided where proven necessary.

The extent of the land identified as 1.2 ha to be developed at density of 30dpha. Producing approximate net 35 dwellings.

 

8.23    In the light of the above explained five year land supply position, it is considered that bringing forward development on this sustainably location would assist to meet the shortfall in housing supply and this is a material consideration in favour of permitting the development. Therefore having regard to the above, it is considered that the proposal would accord with NPPF and there is no in principle objection to the residential development of this land.

8.24    With regard to the representation from the adjoining neighbour that in 2006 application for a dwelling was refused and subsequently dismissed on appeal because the land was in the countryside. I would remind members that, that decision was taken back in 2006 when local plan policies were not out of date and the council did not have shortfall of 5 year housing land supply. Clearly circumstances have changed and material consideration today is different from those applied in 2006.

8.25    I also note the objections of the Parish Council. However, in my view, the current situation with regard to the lack of a 5-year housing land supply within the Borough should be given weight as material considerations in this instance.

8.26    Reference has been made by the parish Council to the on-going Local Plan and Neighbourhood Plan and the fact that this application is premature and should not be entertained in advance of the completion of that work.

8.27    Whilst the draft Local Plan has been agreed by Cabinet and will shortly be out for public consultation, and work on the Neighbourhood Plan is progressing, both plans would need to be the subject of an examination. Given the stage of the plans and likely timescales for this process, and the current housing supply issue set out above, it is not considered appropriate to delay consideration of this application on that basis.

8.28    For the above reasons, I consider the policy principle of residential development of this site to be acceptable.

 

            Visual Impact

 

8.29    The site is currently pasture land with two road frontages; Eyhorne Street and Station Approach Road. The site is enclosed by extensive farmers hedgerow together with substantial number of large trees along its north, east and southern boundaries.

8.30    The proposed development would retain the hedge and trees as required by the emerging local plan criteria for the development of this site and request of English Heritage to protect historical setting of Godfrey House. Consequently the development would be screened and views to and from the site would be restricted; particularly from the north, south and Eyhorne Street.

8.31    It is envisaged that long distance view from the adjoining Local Landscape importance, would be unlikely to be affected as the proposed development would be perceived as part of the existing settlement. From near distance the development would be visible from the surrounding landscape particularly when trees and hedges are not in leaf. However additional landscaping would reinforce the existing screening around the site and minimise visual impact; a landscaping condition is recommended.

The proposed development would not impact on the AONB as it is physically separated by the rail way track and the associated embankment.

8.32    In respond to concern expressed by English Heritage regarding impact on the setting of the listed building; the proposed dwellings along the Eyhorne Street frontage have been redesigned to look inward with gardens backing on to Eyhorne Street and the two storey house types revised to bungalow and chalet style dwellings. This has resulted in significant reduction in the mass, bulk and height to the ridge of these dwellings by 3.5m for the bungalow and 2.5m for the chalets.

8.33    In addition a much lower density than the 35 dwellings suggested by the emerging local plan is proposed. This would help to retain much of the existing trees/hedges and provide a greater sense of openness thus make the development substantially more sympathetic with its surrounding and setting of the listed building.    

8.34      The remaining 11 houses would be two storey with some along the western boundary with accommodation in the attic and dormers.  

8.35    Whilst due to the proposed development the open nature of the land would be lost and the character of the site and locality altered, the harm would be limited and can be further mitigated by additional landscaping.

8.36    In conclusion, it is considered that the scale and particular location of the proposal are such that its impact is likely to be limited to the immediate surroundings. Furthermore, the impact of the development could be mitigated, to some extent, by the additional planting along the boundaries of the site in the form of native hedgerow with hedgerow trees, which would soften the visual impact. A condition would be required to secure this. However, notwithstanding the proposed mitigation, the proposal would result in some landscaping and visual harm and this is a matter that must be put into the planning balance to weigh against the proposal.

 

            Residential Amenity

8.37    Paragraph 56 of the NPPF sets out that the Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development is indivisible from good planning and should contribute positively to make places better for people.

8.38    The applicant’s design and access statement states that the layout, scale and appearance of the development have evolved in a number of ways to take account of the policy requirements and pre-application advice.

8.39    The proposed development has been designed to provide high level of day light, sunlight and privacy for the future occupiers and minimise impact on the occupiers of the adjoining residential properties to the south and east.

8.40    Property 103 Eyhorne has its side on to the application side and its northern boundary is enclosed by extensive hedge and a number of mature trees; moreover the proposed dwellings along this boundary would be set sufficiently way not to cause any harm to the residential and visual amenities of the occupier of this property.

8.41    Also to respect the setting of the listed building; plots 1, 2 and 3 are bungalow and chalets design with low ridge on generous plots and that gardens back on to Eyhorne Street in order to retain a continues soft hedge and screen the development. The applicant considers that this approach would help to provide continuity of the street scene, minimise impact on the setting of the listed building and retain the rural character Eyhorne Street.

8.42    Although the houses proposed are all detached on large plots with a significant space between them, the largest properties are deliberately sited to the west, middle and some along the southern boundary in order to reduce impact on the outlook of the adjoining properties and minimise impact on the setting of the listed building.  

8.43    The garden size of the proposed dwelling varies from 10m deep to over 20m with wide plots. Although these are smaller gardens than the house to the south, they would provide satisfactory garden/amenity area. 

8.44    Of the various noise sources affecting this development, the traffic on Eyhorne Street and on the distant M20 Motor Way are the most significant.

8.45    To mitigate noise, a 1.8m high barrier fence is proposed in order to bring the noise level in the garden to an acceptable level. A condition is recommended to cover this issue.

8.46    The character of this village is one of no street lighting, however it is considered that given the enclosed nature of the site and extensive vegetation around the site, for safety reason some kind of lighting mechanism would be necessary. It is therefore suggested that a condition be imposed seeking details of a lighting scheme to be submitted for approval by LPA.

8.47    Given the context of the surrounding area, it is considered that the proposed mix and variety of house types within the development would be acceptable subject to conditions requiring the submission of materials, the proposal is considered acceptable in this regard.

 

            Highways

 

8.48    Paragraph 29 of NPPF states that the transport system need to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. However, the Government recognises that opportunities to maximize sustainable transport solutions will vary from urban to rural areas.

8.49    Section 4 of the NPPF states that development should only be prevented or refused on transport grounds where the residual cumulative impact of development is severe.

8.50    The application is supported by a transport Statement which concludes that traffic resulting from the development would not adversely affect the operation of the highway network in the vicinity of the site.

The development is close to primary school and rail way station so trips to and from these destinations is likely to be made on foot... As such therefore the residents would not whole depend on car as a means of transportation.

8.51    As can be seen from the comments received from KCC Highways and Transportation the estate road layout and sight lines are satisfactory. The internal roads would be shred surfaces designed to Homezone standards to ensure very low vehicular speeds of 10 to 15mph.

8.52    Also the proposal has made provision for at least two on site car parking/ garaging per dwelling. 11 of the dwellings would have provision for a double garage plus two additional car parking spaces in front of the garage building. It is considered that this level of parking provision is satisfactory and as such the development would not impact on the highway safety or amenities of the surrounding properties.

8.53    It is therefore considered that the proposal is acceptable subject to the conditions and informatives requested to be by the KCC highways Services.

 

            Landscaping and Ecology

 

8.54    The NPPF sets out, inter alia, that when determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by encouraging opportunities to incorporate biodiversity in and around developments. Furthermore, planning permission should be refused for development resulting in the loss of deterioration of irreplaceable habitats.

8.55    The application has been supported by an Ecological Scoping Survey Report which has been assessed by the KCC ecological officer. The report found very limited ecological interests within the grass area but the boundary trees, hedgerows and stream have the potential to support nesting birds and bats.

8.56    To mitigate the impact of the development and enhance biodiversity it is suggested that bird and bat boxes be incorporated into the fabric of the buildings or attached to the trees. A condition to secure this is recommended.

8.57    Concern has also been expressed by the KCC ecological officer regarding potential impact of street and other form of lighting on the wild life. To assess the impact of any lighting a condition is recommended seeking details of a lighting scheme to be submitted for approval in writing by the LPA.

8.58    Also to protect the existing tees and hedgerows tree protective measures should be put in place during the construction period.  To satisfy this requirement a tree protection condition is recommended in order to ensure that the trees and hedgerows are not damaged.              

8.59    On balance therefore no objection is raised with respect to ecological issues.

 

Heritage issue (Godfrey House)

8.60    Paragraph 132 of NPPF says when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification…Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and ll* listed buildings…should be wholly exceptional.

 

8.61    Paragraph 133 says where a proposed development will lead to substantial harm or total loss of significance of a designated heritage asset, local planning authorities should refuse consent…. 

 

8.62    Having regard to the NPPF and English Heritage advice the house type and designs of the dwellings close to the listed building were substantially altered from two storey house type to bungalow and chalet design to reduce bulk, mass and height in order to minimise impact on the setting of the listed building. Further landscaping via a planning condition also would be sought in order to reduce impact on the setting of the listed building further.

 

8.63    It is considered that subject to the above the development would not cause substantial harm. On balance it is considered that the impact on the setting of the listed building would be marginal and as such refusal of this application on the listed building ground is not considered justified.  .

8.64    Moreover, it is considered that the benefits of allowing housing on this site – in meeting the Borough’s housing need – would outweigh the any limited harm.

           

Code for Sustainable homes

8.65    The NPPF says that planning plays a key role in helping shape places to secure radical reductions in green house gas emission, minimising vulnerability and providing resilience to impact of climate change. To ensure that the development is constructed to code level 4 of code for sustainable homes a condition would be imposed in this regard.

 

Flood Risk and Drainage

8.66    The application site has been supported by a flood risk assessment (FRA) which demonstrates that the site lies within Food Zone 1(FZ1) where there is a low risk of flooding from all sources.

8.67    Environmental Agency has no objection to this development.

Moreover, the most likely potential source of flooding is from surface water.  FRA concluded that drainage system for this development would include an attenuation system in order to deal with the surface water. No such detail information has been submitted. A condition is recommended to deal with surface water management.

8.68    Subject to the above condition it is considered that the proposal would accord with the NPPF.

 

Planning obligations

 

8.69    This development is likely to place additional demands on local services and facilities. To improve and enhance capacity and make the development acceptable in planning terms can be sought.

8.70    However, any request for contributions needs to be scrutinised, in accordance with Regulation 122 of the Community Infrastructure Levy (CIL) Regulations 2010 and paragraph 204 of the NPPF 2012. All obligations must meet the following requirements: -

· 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.

8.71    The following contributions have been sought from KCC Economic development:

• Contribution of £2,360.96X14 dwellings = £33,053.44 is sought towards the build costs of extending Primary School.

• Contribution of £30.70X14 dwellings=£429.75 is sought towards community learning.
• Contribution of £8.44X14 dwellings=£118.19 is sought towards Youth Service
• Contribution of £116.71X14 dwellings=£1,633.94 is sought towards Libraries
•  Contribution of £15.94X14 dwellings=£223.23 is sought towards Adult Social Care

 

8.72    NHS Properties have sought a contribution of £360 /occupancy rate of 58 persons= £20,880 towards service provision at three doctor surgery within 2.5 miles Radius:-

-Orchard (Langley) surgery

-Glebe surgery- Harrietsham

-Yeomans Lane surgery, Bearsted

 

8.72    Park and Open spaces has sought contribution of £1575per dwelling X14 dwellings=£22,050 towards off site Recreation ground and Cardwell Play Area

 

9.0       CONCLUSION

 

9.01    Whilst the proposed development conflicts with Local Plan Policy ENV28 and impact on the setting of Grad ll* listed building, it is important to note that the Council can not at present demonstrate a 5 years supply of deliverable housing land supply when measured against the Strategic Housing Market Assessment (SHMA) and Strategic Housing Land Availability Assessment (SHLAA). For the reasons set out above Also alteration to the house design and additional landscaping would significantly reduce potential harm to the setting of the listed building. On balance therefore, it is considered that subject to the securing the required contributions towards community facilities and planning conditions the proposal represents sustainable development. As such it is considered that there are other material considerations in this case that outweigh any harm that would be caused by virtue of the conflict with the Development Plan.

9.02    The proposal would provide much needed housing, within an acceptable and sustainable location.

9.03    The design of the proposal is considered to be of a high quality, in terms of the layout and house design. The landscaping provision within the development would create an attractive environment for future occupiers.

9.04    This is a proposal that would deliver a high quality development that would also provide significant infrastructure. The material considerations are such that I recommend that Members give delegated powers to grant, subject to the receipt of a suitable S106 legal agreement, which should address the matters set out below.

 

10.0    RECOMMENDATION

Subject to:

 

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

 

-       Contribution of £2360.96 per ‘applicable house (‘applicable’ meaning all dwellings, excluding 1 bed units of less than 56sqm GIA), towards the build costs of additional school accommodation to ensure provision of sufficient pupil spaces at an appropriate time and location to meet its statutory obligation under the Education Act 1996 and as the Strategic Commissioner of Education provision in the County under the Education Act 2011.

-        (£2360.96 x14= £33053.44)

 

-       Contribution of £116.71 per household towards Libraries and Archives to address the demand from the development, (£116.71 x14=£1633.94).

 

-       Contribution of £30.70 per household to address the demand from the development towards the provision of new/expanded facilities and services both through detailed adult education centres and through outreach community learning facilities within 3 miles of the application site. (£30.70 x14= £429.80)

 

-       Contribution of £8.44 per household towards Youth Services to address the demand from the development. (£8.44 x14= £118.16)

 

-       Contribution of £15.94 per household towards Adult Social Care (Kent Family & Social Care (FSC) (older people, and adults with Learning or Physical Disabilities), (£15.94 x14= £223.16)

 

-       Contribution of £360 per person based on predicted occupancy rate of each dwelling’s number of bedrooms; this equates to 58 persons toward service provision by NHS at three doctor surgery within 2.5 miles Radius:-

-        (£360x58= £20,880).

 

-       Contribution of £1575 per dwelling toward Hollingbourne Recreation Ground and Cardwell Play area. This area of open space is less than 500m away from the proposed development and as such it is reasonable to expect that this site will see increased usage as a result of this development (£1,575x14= £22,050)

 

B:        The Head of Planning and Development BE DELEGATED POWERS TO GRANT planning permission subject to the imposition of the conditions set out below:

 

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: In accordance with the provisions of Section 91 of the Town and

Country Planning Act 1990 as amended by Section 51 of the Planning and, Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following approved plans: Drawings no PL-HB-001,  PL-HB-002 Rev B, PL-HB-003 Rev B, PL-HB-004 Rev B, PL-HB-005 Rev B, PL-HB-006,  PL-HB-007, PL- HB-008, PL- HB-009 PL- HB-010, PL-WH-P1-01 Rev A, PL-WH-P1-02 Rev B, PL-WH-P2- 01, PL-WH-P3 -02 Rev A, PL-WH-P3 -01 Rev A, PL-WH-P4 02 Rev B, PL-WH-P8- 01 Rev B, PL-WH-P4&8- 01 Rev B, PL-WH-P5-01,  PL-WH-P5-012 Rev A,  PL-WH-G6- 01 Rev A, PL-WH-G6- 02 Rev B, PL-WH-P7- 11- 01, PL-WH-P7-11-02, PL-WH-G7-11-01, PL-WH-P9- 01, PL-WH-P9-02 Rev A,  PL-WH-P10- 01Rev A, PL-WH-P10- 02 Rev A,  PL-WH-P12-13- 01 Rev A, PL-WH-P12- 02 Rev A, PL-WH-P13- 02 Rev A, PL-WH-P14- 01, PL-WH-P14- 02,  received on 24/03/2014, 18/07/2014 and 22/07/2014 and Design and Access Statement (March 2014), Report on inspection of trees(19/03/2014), Transport Statement (March 2014), Flood Risk Assessment (March 2014), Ecological Scoping Survey (7.04.2014), Phase 1 Geo Environmental Desk Study and phase 2 report on subsoil investigations (April 2014), Assessment of environmental noise and vibration (20/03/2014) received 24/03/2014.

 

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

 

3. The development shall not commence until written details and samples of the materials to be used in the construction of the external surfaces of the building(s) including windows and guttering hereby permitted have been submitted to and approved in writing by the local planning authority and the development shall be constructed using the approved materials.

 

Reason: To ensure a satisfactory appearance to the development.

 

4. 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, Class(es) A, B, C, D, E and F shall be carried out without the permission of the Local Planning Authority.

 

Reason: To safeguard the character and appearance of the development and the enjoyment of their properties by prospective occupiers and surrounding neighbours.

 

5. None of the buildings hereby permitted shall be occupied until underground ducts have been installed by the developer to enable telephone, electricity and communal television services to be connected to any premises within the site without recourse to the erection of distribution poles, satellite dishes and overhead lines and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking and re-enacting that Order), no distribution pole satellite dish or overhead line shall be erected within the site area.

 

Reason: To avoid visual harm to the setting of the grade ll* listed building.

 

6. The dwellings shall achieve at least Code 4 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 4 has been achieved.

 

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

 

7. The development shall not commence until details of foul, soakaways and surface water drainage have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall incorporate inter-alia wildlife friendly drainage gullies and design feature. The development shall thereafter be carried out in accordance with the approved details.

 

Reason: In the interests of pollution and flood prevention pursuant o the National Planning Policy Framework 2012.

           

8. Prior to the commencement of the development hereby permitted details in respect of the followings shall be submitted to and approved in writing by the Local Planning Authority.

8.1 Provision of construction vehicle loading/unloading and turning facilities prior to commencement of work on site and for the duration of construction.

 

8.2 -Provision of parking facilities for site personnel and visitors prior to commencement of work on site and for the duration of construction.

 

8.3 -Provision of measures to prevent the discharge of surface water onto the highway.

 

8.4 -Provision of wheel washing facilities prior to commencement of work on site and for the duration of construction.

 

8.5 -Provision and permanent retention of the vehicle parking spaces and/or garages shown on the submitted plans prior to the use of the site commencing.

 

8.6 -Provision and permanent retention of the vehicle loading/unloading and turning facilities shown on the submitted plans prior to the use of the site commencing.

 

8.7-Completion and maintenance of the access shown on the submitted plans prior to the use of the site commencing.

 

8.8 -The proposed roads, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, driveway gradients, car parking and street furniture to be laid out and constructed in accordance with details to be submitted to and approved by the Local Planning Authority.

 

8.9-Provision and maintenance of the visibility splays shown on the submitted plans with no obstructions over 0.6 metres above carriageway level within the splays, prior to the use of the site commencing.

 

Reason: In the interests of highway safety and amenity of the area.

 

9. Prior to the commencement of the development hereby approved details of the noise mitigation measures recommended in the “Assessment of Environmental Noise and Vibration” report, Ref 140101/5 and dated 20^th March 2014, shall be submitted to and approved in writing by the local planning authority. The dwellings hereby permitted shall not be occupied until the works have been implemented in accordance with the approved details.

(The applicant is required to demonstrate compliance with the approved noise report. The recommendations for the protection of residents from noise by the installation of glazing and acoustically treated ventilation to adequately address these concerns.)

 

Reason: In the interest of residential amenities of the future occupiers of the approved development.

           

10. No development shall take place until there has been submitted to and approved in writing by the local planning authority a scheme of landscaping (having regard to tree report produced by Broad Oak Tree Consultants Limited), using indigenous species which shall include :

-       The retention of existing tree lines along the boundaries.

-       No dig construction of patio area with respect to plots 1 and 2.

-       Deadwood habitat piles.

-       Treatment/landscaping of northern boundary.

Together with indications of all existing trees and hedgerows on the land, incorporating bird and bat boxes and details of any to be retained, together with measures for their protection in the course of development and a programme for the approved scheme's implementation and long term management. The scheme shall include full details of all proposed boundary treatments and shall be designed using the principles established in the Council's adopted Landscape Character Assessment and Landscape Guidelines. The scheme shall include the provision of a 3-4m wide indigenous species hedge with interspersed trees along the northern, eastern and western boundaries of the Site.

 

Reason: In the interest of visual amenity of the area.

 

11. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building(s) or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation;

 

Reason: To ensure a satisfactory setting and external appearance to the development.

 

12. All trees to be retained must be protected by barriers and or ground protection in accordance with BS5837 (2012) “Trees in relation to 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 barrier and/or ground protection measures 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 area protected in accordance with this condition. The siting of barriers/ground protection shall not be altered, nor ground level changed, nor excavations made within these area 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, protection of setting of Grade II* listed building and in compliance with National Planning Policy Framework 2012.   

 

13. Prior to the commencement of any development, details shall have been submitted to, and agreed in writing by, the Local Planning Authority showing the existing and proposed site levels and the finished floor /slab levels of the buildings hereby permitted. The development shall be carried out in strict accordance with the details agreed;

 

Reason: In the interest of visual amenity and satisfactory relationship with the Grade II* listed building.

 

14. The development shall not commence until details of the proposed materials to be used in the surfacing of all access roads, parking and turning areas and pathway within the site, and the design of kerb stone, crossing points which shall be of a wildlife friendly design, have been submitted to and approved by the local planning authority. The development shall thereafter be undertaken in accordance with the subsequently approved details.

 

Reason: To ensure a satisfactory external appearance to the development.

 

15. The development shall not commence until details of any lighting to be placed or erected within the site have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall include, inter-alia, details of measures to shield and direct light from the light sources so as to prevent light pollution. The development shall thereafter be carried out in accordance with the subsequently approved details.

 

Reason: To prevent light pollution in the interests of the character and amenities of the area.

 

INFORMATIVES

 

Planning permission does not convey any approval for construction of the required vehicular crossing, or any other works within the highway for which a statutory licence must be obtained.

 

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 and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority.

 

The applicant must also ensure that the details shown on the approved plans 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.

 

Applicants should contact Kent County Council - Highways and Transportation (web:

www.kent.gov.uk/roads_and_transport.aspx or telephone: 03000 418181) in order to obtain the necessary Application Pack.

 

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.

Where possible, suggesting solutions to secure a successful outcome.

As appropriate, updating 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

 

 

 

Case Officer: Majid Harouni

 

NB      For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website.

            The conditions set out in the report may be subject to such reasonable change as is      necessary to ensure accuracy and enforceability.