Your Councillors

REPORT SUMMARY

REFERENCE NO: 15/509251/OUT

APPLICATION PROPOSAL: Outline application for residential development with associated vehicular, pedestrian and cycle access, and associated works, including provision of public open space. (All matters reserved for future consideration with the exception of access).

ADDRESS: Land North of Bicknor Wood, Sutton Road, Maidstone, Kent

RECOMMENDATION: Delegated powers be granted to the Head of Planning to grant planning permission subject to the receipt of a suitable legal agreement that ensures the delivery of the necessary highway improvements, together with all other heads of terms, and the imposition of the conditions.

(see Section 9 of report for full recommendation)��

SUMMARY OF REASONS FOR RECOMMENDATION

The development is proposed in a sustainable location, which immediately adjoins an existing settlement and is not considered to result in significant planning harm. Given these issues and the fact the site is allocated for housing within the submitted version of the draft� Local Plan, the low adverse impacts of the development are not considered to significantly outweigh its benefits. As such the development is considered to be in compliance with the National Planning Policy Framework and this is sufficient grounds to depart from the Local Plan.

REASON FOR REFERRAL TO COMMITTEE:

� Departure from the Development Plan

� Objection from Statutory Consultee

� Referral from two Parish Councils.

WARD:

Downswood & Otham

PARISH/TOWN COUNCIL:

Otham

APPLICANT: Bellway Homes

AGENT: DHA Planning

DECISION DUE DATE:

17/06/2016

PUBLICITY EXPIRY DATE:

10/06/2016

OFFICER SITE VISIT DATE:

various site visits

RELEVANT PLANNING HISTORY (including appeals and relevant history on adjoining sites):

15/507187/ENVSCR - Environmental Screening Opinion - Development of up to 300 dwellings and associated infrastructure � EIA not required.�

15/506840/FULL - Temporary change of use of land for the storage of topsoil prior to distribution (Retrospective) � Approved.

13/0951/FULL - Full application on land to north of Sutton Road (Bellway Imperial Park site to the south of the application site) for residential development of 186 dwellings comprising a mixture of 2, 3 ,4 and 5 bedroom properties with associated parking, landscaping, amenity space and engineering works� � Approved.

14/506264/FULL � Full application on land at Bicknor Farm, Sutton Road (Jones Homes site to the southeast of the application) � for residential development of 271 dwellings including 30% affordable housing, access and associated infrastructure.

MAIN REPORT

Members resolved to defer the application from Planning Committee on 7^th July 2016 for further information to be provided on matters relating to highways and air quality issues. This version of the report consolidates the previous Urgent Updates where they alter the text of the main report. For ease of recognition, these alterations are highlighted in bold and underlined. Matters which have been the subject of Urgent Updates but do not alter the text of the original report are included as Appendix B.� An additional Urgent Update report will be produced providing the information requested.

1.0 DESCRIPTION OF SITE

1.01�� The application site is a parcel of agricultural (arable) land, of approximately 14 hectares in area, situated to the north of A274 Sutton Road, to the south of White Horse Lane and to the east of Gore Court Road, located on the south-eastern edge of Maidstone.�

1.02 �� To the north the site is bound by White Horse Lane, surrounded by residential development along Gore Court Road and Church Road to the northeast and residential development along White Horse Lane to the northwest.

1.03�� The eastern boundary of the site is defined by a mature tree lined hedgerow, surrounded by agricultural land with residential development along Honey Lane beyond.

1.04�� There are no existing landscape features within the Site itself and well-established hedgerows along Gore Court Road and White Horse Lane provide a degree of visual enclosure. Bicknor Wood screens views from Imperial Park to the south, and along the eastern boundary an avenue of lime trees filters views from the east.

1.04�� To the south of the application site is �Bicknor Wood� � an area of woodland classified as Ancient Woodland. �Immediately to the south of Bicknor Wood is the Imperial Park housing development of 186 houses (13/0951/FULL). This land is promoted by Bellway Homes and is currently under construction.

1.05�� To the southeast is Bicknor Farm; this land is being promoted by Jones Homes and currently has a full planning application pending (14/506264/FUL) for the provision of 271 dwellings. ��

1.06�� To the west the site is bounded by Gore Court Road, surrounded by residential development situated on the south-eastern edge of Maidstone. To the south west of the site is an open playing field associated with a community centre at the southern end of Titchfield Road.

1.07�� The topography of the site is relatively flat, with a slight slope from the lowest point in the northwest corner to the highest point in the southeast corner.

1.08�� The site adjoins the settlement boundary of Maidstone, located outside settlement confines, within the countryside. Within the Emerging Local Plan, the site has a residential allocation in draft MBLP policy H1(7).

2.0�� PROPOSAL

2.01�� This is an outline application for residential development, together with areas of open space, landscaping and access. Access is to be considered in detail at this stage with all other matters reserved for future consideration. The development proposed more open space and more developable area than Policy H1 (7) which suggests the site is suitable for approximately 190 units with 3.99ha of open space, at a density of approximately 27 dwelling per hectare. The indicative scheme shows approximately 250 units with 5.8ha of open space and the suitable woodland and landscape buffers required by the policy. This leads to a density of 17.8 dwellings per hectare gross, 30.5 dwellings per hectare net

2.02�� The indicative plans submitted with the application seek to demonstrate that the site can accommodate this level of residential development, show a potential layout with the main access road to the west off Gore Court Road, entering the site via a tree lined avenue, looping around the site with a number of shared surface lanes running off with green lanes and private drives around the perimeter of the site. Landscape buffers are shown along the western, southern, eastern and northern boundaries, with an area of open space running through the centre of the site.

2.03�� Vehicular access to the application site will be provided from Gore Court Road via Sutton Road and the Imperial Park development. The existing junction connecting Gore Court Road to Sutton Road will be closed off and the new Imperial Park junction will take cars off Sutton Road, through Imperial Park and onto Gore Court Road.� A new priority junction is proposed to the southwest of the application site off Gore Court Road. This will allow vehicles to access Church Road via Gore Court Road and White Horse Lane via the proposed new route running through the application site.

2.04�� As the proposed new route through the application site provides direct access to White Horse Lane and given the poor visibility at the existing White Horse Lane / Gore Court Road junction � the proposed development seeks to downgrade the western end of White Horse Lane; limiting this part of White Horse Lane to pedestrian and cyclists only.

2.05�� Several landscape features comprising parts of the Site�s physical fabric, would be modified or removed, as follows:

� Small areas of hedgerow will be removed to accommodate vehicular access to the Site from Gore Court Road and White Horse Lane. The majority of the perimeter hedgerow will be retained and reinforced.

� A few small gaps would be made in the hedgerow along the northern and western

� Boundaries of the Site to allow for pedestrian and cycle access.

� The replacement of an arable field with residential land, public open space and a new woodland belt.

� The existing junction between Gore Court Road and White Horse Lane will be altered with an approximate 100m section of White Horse Lane becoming closed to traffic and being used for cycle/pedestrian access only.

� At its south western boundary, the original proposal involved the removal of a minor element of ancient woodland (Bicknor Wood) and 3 TPO trees in order to accommodate the widening of Gore Court Road and introduction of a footpath along this edge of the road

AMENDED PROPOSAL

2.06�� As a consequence of consultation responses, particularly in regard to the outlook of local residents to the west of the site and the impact upon the ancient wood land, the proposal was amended in the following respects:

� Provision of a green buffer on the western boundary of the site, on Gore Court Road of a width of 15m;

� Provision of a footpath via the south eastern corner of the site, providing a more direct access south towards Sutton Road and access to public transport;

� A realignment of the proposed access road to the south west into the open space associated with the community building at the south of Titchfield Road;�

� As a consequence of the proposed road realignment, the 3 TPO trees originally proposed for removal are retained and there is no loss of ancient woodland.

3.0�� PLANNING HISTORY/BACKGROUND INFORMATION

3.01�� The site was initially promoted through the call for sites submission undertaken by Maidstone Borough Council in 2013, supported within the Regulation 18 Local Plan Consultation undertaken in 2014 and subsequently included within the draft Maidstone Draft Local, which has been submitted to the Sectary of State for Independent Examination.� Draft MBLP Policy H1(7) allocates Land North of the Bicknor Wood for the provision of approximately 190 dwellings at an average density of 27 dwellings per hectare.

Policy H1 (7)

North of Bicknor Wood, Gore Court Road, Otham

North of Bicknor Wood, as shown on the policies map, is allocated for development of approximately 190 dwellings at an average density of 27 dwellings per hectare. In addition to the requirements of policy H1, planning permission will be granted if the following criteria are met.

The site will not be released until:

1.�� Access from Sutton Road to Gore Court Road is completed in association with site H1(6) North of Sutton Road; and

2. �� A woodland belt ranging from a minimum of 40 metres to 80 metres in width linking the eastern section of Bicknor Wood to East Wood is planted.

Design and layout

3�� An undeveloped section of land will be retained on the eastern part of the site.

4.�� Provision of a 15 metre wide landscape buffer along the site's boundary with Bicknor Wood incorporating a pedestrian route and cycle way, which will be constructed and planted before the occupation of the first dwelling.

5.�� Provision of a woodland belt ranging from a minimum of 40 metres to 80 metres in width to link the eastern section of Bicknor Wood to East Wood.

Access

6. �� Access will be taken from Gore Court Road connecting to the spine road on site H1(6) North of Sutton Road.

Air quality

7. �� Appropriate air quality mitigation measures to be agreed with the council will be implemented as part of the development.

Open space

8.�� Provision of approximately 3.99ha of open space within the site together with additional on/off-site provision and/or contributions towards off-site provision/ improvements as required in accordance with policy DM22.

Highways and transportation

9. �� Pedestrian and cycle links to existing residential areas, White Horse Lane and Gore Court Road and Bicknor Farm (policy H1(9)).

10. Widening of Gore Court Road between the new road and White Horse Lane.

Strategic highways and transportation

11. Bus prioritisation measures on the A274 Sutton Road from the Willington Street junction to the Wheatsheaf junction, together with bus infrastructure improvements.

12. Improvements to capacity at the junctions of Willington Street/Wallis Avenue and Sutton Road.

13. Package of measures to significantly relieve traffic congestion on Sutton Road and Willington Street.

14. Improvements to capacity at the A229/A274 Wheatsheaf junction.

15. Improvements to frequency and/or quality of bus services along A274 Sutton Road corridor."

3.02�� An Environmental Screening Opinion for development of up to 300 dwellings and associated infrastructure (15/507187/ENVSCR) was submitted in September 2015 and confirmed an Environmental Impact Assessment is not required.

3.03�� Two pre-application advice meetings were held with the Council in August and September 2015, which involved the input of Design South East as the Council�s design advisors.

4.0�� POLICY AND OTHER CONSIDERATIONS

� National Planning Policy Framework (NPPF)

� Planning Practice Guidance (PPG)

� Maidstone Borough-Wide Local Plan (2000) Saved Policies SSC2, ENV6, ENV21, ENV26, ENV28, ENV32 and ENV35; T2, T3, T21, T23, CF1

� MBC Affordable Housing DPD (2006)

� MBC Open Space DPD (2006)

� Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended)

� Maidstone Landscape Character Assessment (2012) (amended 2013), Landscape Capacity Study (2015) and Landscapes of Local Value (2015)

� Maidstone Integrated Transport Strategy 2012-2026

� Submission version of the draft Maidstone Borough Local Plan (2016) SS1, SP3, SP5, SP17, H1(9), H1 (7), H2, DM1, DM2, DM3, DM11, DM12, DM13, DM14, DM23, DM24, ID1

� Agricultural land classification survey of m potential development sites in Maidstone Borough, Report 1030/1 21^st November 2014.

� MBC Landscape Capacity: Site Assessments 2015

5.0�� LOCAL REPRESENTATIONS

5.01�� Approximately 70 representations have been received raising the following main (summarised) points:

� Development in the countryside.

� Additional traffic and congestion on Sutton Road, Church Road, White Horse Lane, Honey Lane, Otham Street and Gore Court Lane.

� Accumulated ancient woodland pressure.

� Difficulty of Gore Court Road and Sutton Road Junction may encourage people to join A274 via Imperial Park.

� Overdevelopment and amount of development.

� Additional traffic will result in danger for pedestrians/ cyclists.

� Danger with no pavements present on Gore Court Road.

� Impact on the surrounding rural area.

� Loss of views.

� Loss of trees.

� Water and other infrastructure to support the living and lifestyle of these new homes.

� Increase in noise, light pollution and emissions.

� Flooding potential of site, Gore Court Road and White Horse Lane.

� Lack of capacity in local schools and doctor surgeries.

� Loss of agricultural land.

� Poor visibility on emerging from private driveways and access roads near Otham.

� Concerns about possible impact on ground nesting birds, most notably skylarks.

6.0�� CONSULTATIONS

6.01�� Otham Parish Council - Wish to see the application refused on the following (summarised) grounds and wish for the application to be reported to planning committee.

� The impact that the allocations will have on Otham.

� There is a need to preserve an area of green space on this side of Maidstone.

� Amount of development inappropriate.

� Capacity of surrounding roads.

� Impact on listed buildings.

� Increase risk of flooding.

� Inadequate protection for the ancient woodland.

� Shortage of surgeries, hospitals, schools and shops in the area.

� Previously refused application.

6.02�� Downswood Parish Council - Wish to see the application refused on the following (summarised) grounds and wish for the application to be reported to planning committee.

� Impact on character of area.

� Impact on listed buildings.

� Sewage capacity.

� Traffic concerns.

� Rural activities will suffer as a result of development.

� Impact on ecology.

� The churchyard at St Nicholas is nearly full and therefore additional burial ground land will soon be required.

� Shortage of surgeries, hospitals, schools and shops in the area.

� Previously refused application.

6.03�� KCC Biodiversity - have reviewed the information which has been submitted with the planning application and make the following comments:

MBC must be satisfied that the benefits of the proposed development clearly outweigh any potential deterioration of the ancient woodland within the site boundary. KCC Biodiversity have reviewed the mitigation and advise that the mitigation proposed is likely to reduce impacts from the proposed development on the area of ancient woodland and recommend that the production and implementation of a management and monitoring plan is approved as a condition of planning permission.

No breeding bird survey was carried out as part of the planning application and as the development (if granted) will result in a loss of an arable field we had concerns that it might be used by ground nesting birds. However the information provided by the applicant has satisfied us that there was no requirement for a breeding bird survey to be carried out.

KCC Biodiversity recommend that a detailed management plan and detailed lighting plan to be submitted with the reserved matters application and would expect the site layout for a reserve matters scheme (if granted) to demonstrate that the ecological enhancements will be incorporated in to the site.

6.04�� Natural England � Natural England has assessed this application using the Impact Risk Zones data (IRZs) and is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the Spot Lane Quarry SSSI has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application.

This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes.

This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature.

6.05�� Environmental Health � raise no objection subject to conditions and informatives attached if permission is granted.

6.06�� Kent Wildlife Trust � raise no objection subject to the following recommendations:

� There is a site management plan submitted at reserved matters stage, supported by condition here at outline. This would clearly address any mitigation issues relating to habitats and species.

� A lighting strategy is conditioned in order to avoid any negative impact upon Bicknor Wood.

6.07�� Southern Water - Following initial investigations, Southern Water cannot accommodate the needs of this application without the development providing additional local infrastructure. The proposed development would increase flows into the wastewater sewerage system and as a result increase the risk of flooding in and around the existing area, contrary to paragraph 109 of the National Planning Policy Framework. Section 98 of the Water Industry Act 1991 provides a legal mechanism through which the appropriate infrastructure can be requested by the developer to accommodate the above mentioned proposal.

Should the Local Planning Authority be minded to approve the application, Southern Water would like the following condition to be attached to any permission. "Development shall not commence until a drainage strategy detailing the proposed means of foul and surface water disposal and a implementation timetable, has been submitted to and approved in writing by, the local planning authority in consultation with the sewerage undertaker. The development shall be carried out in accordance with the approved scheme and timetable." And "Construction of the development shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to, and approved in writing by, the Local Planning Authority in consultation with Southern Water."

6.08�� UK Power Networks � raise no objection.

6.09�� Kent Police - recommend condition imposed if planning permission is granted relating to crime prevention.

6.10�� Southern Gas Networks � raise no objection.

6.11�� Rural Planning Ltd � the development of the 6 ha BMV land here would be another cumulative loss of some significance to the area, albeit it may be fair to observe that so long as it were to be managed in its current form as a single field, the choice of cropping types will tend to be restricted to the potential offered by the poorer quality land which occupies the larger proportion of the field as a whole.

6.12�� KCC Archaeology � confirms the development is supported by a Desk-based Archaeological Assessment by CgMs. This DBA provides reasonable baseline information and in general I agree with their approach. The DBA has been passed to the HER for future reference. I recommend that the setting of the historic Gore Court parkland is sympathetically considered and that landscaping proposals enhance the historic character of Gore Court parkland and recommend that provision is made for a full programme of archaeological work and is secured by condition.

6.13�� KCC Transportation - strongly objects to major residential-led development in this location on grounds which can be summarised accordingly:

� The allocation of the site in the emerging Maidstone Borough Local Plan is based on a development strategy that is not justified by proportionate evidence and is not consistent with national planning policy;

� The residual traffic impact generated by the proposal would have adverse implications on the operation of the A229/A274 and A20 corridors, resulting in an unacceptable worsening of the extensive road congestion that is already prevalent;

� A holding objection is therefore raised in the absence of any conclusive evidence to demonstrate that the impact of the development can be fully mitigated; and

� Overall, the adverse impacts of granting planning permission would significantly and demonstrably outweigh any benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole.

6.14�� Heritage, Landscape and Design �� confirm the Landscape and Visual Impact Assessment is considered acceptable in principle. They welcome the amendments that secure the three B grade mature trees (protected by TPO) and the avoidance of any loss of an area of ancient woodland.�

The Council�s Landscape Capacity: Site Assessments 2015 considers the site to have a moderate landscape capacity to accommodate housing and outlines the following characteristics and guidance:

Landscape Character Sensitivity:

� Medium sized, arable field with limited character within itself, but borrowing a sense of place from a wider mosaic of woodland and parkland outside the site boundary

Visual Sensitivity:

� Woodland belts and parkland trees at Gore Court enclose the site and intercept views

� There would be some views from houses on the urban edge

Landscape Value:

� Ancient woodland belts, to the north, south and east of the site also mostly covered by TPO

� Public rights of way along northern and eastern boundaries of the site

� Gore Court to the north is a listed building

Opportunities and Constraints:

� Retain trees and woodland belts and integrate into a wider landscape framework to address cumulative effects

Mitigation:

� Build upon existing boundary tree planting to screen new development and provide a setting for public rights of way

� Consider the wider setting of Gore Court to the north.

6.15�� KCC PROW & Access - repairs and improvements to the surface of footpath KM87 could be requested due to its importance to new residents completing non-motorised journeys.

6.16�� Upper Medway IDB �no comment.

6.17�� Arriva Bus Services � have commented on the three current applications on the A274 (Bellway Homes, Jones Homes and Countryside Properties site). With regards to this application, Arriva state the development is shown as being accessed only from Gore Court Road and White Horse Lane. Due to its relatively small size it would be unable to support its own bus service therefore it is important good quality direct pedestrian paths are provided to bus stops on the A274 where frequent bus services will, ultimately, be available.

6.18�� NHS S106 Request - seeks a heath care contribution of �244,584.

�� In terms of this particular application, a need has been identified for contributions to support the delivery of investments highlighted within the Strategic Service Development Plan. These improvements to the primary care infrastructure will enable support in the registrations of the new population, in addition to the commissioning and delivery of health services to all. This proposed development noted above is expected to result in a need to invest in a number of local surgery premises:

� Wallis Avenue Surgery

� Mote Medical Practice

� Northumberland Court

� Downswood Surgery

� Grove Park Surgery

The above surgeries are within a 1 mile radius of the development at Sutton Road. 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. NHS Property Services Ltd will continue with NHS West Kent formulae for calculating s106 contributions for 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.

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:

*Predicated Occupancy Rates*	*Total Number in Planning Application*	*Total Occupancy*	*Contribution Sough (occupancy x �360)*
1.4	6	8.4	�3,024
2	80	160	�57,600
2.8	90	252	�90,720
3.5	74	259	�93,240

			�244,584

�� NHS Property Services Ltd therefore seeks a healthcare contribution of �244,584, 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.

6.19�� The Council's Conservation officer has no objection to the proposals.

6.20 �� Design South East

The Council�s design advisors Design South East have considered the proposal on a number of occasions.� The scheme was presented to the South East Design Panel at pre-application stage and they commented on the original submitted proposal as follows:

� links to the adjoining new developments and Sutton Road are important.

� A substantial green corridor link on the western edge is important, especially if some minor loss of the ancient wood cannot be avoided. This will help enable a wildlife corridor to link the ancient wood to the wood to the north of the site.

� Agree� the formal northern entrance, opening up the main entrance with more open space and introducing a more formal avenue as well.

� We suggest thinking through dog-walking circuits on the site to help avoid pressure on the ancient woodland.

� If a footpath winding beneath them could be designed, can the TPO trees be retained.

Following revisions, they further considered the scheme on 26^th May and had the following comments:

There have been very positive changes in response to the last surgery comments :

� The main change is to the site red line to include land to enable a road access, which will now not need to take part of the Ancient Woodland or the 4 TPO trees. This is very positive.

� The site�s west boundary now includes a buffer green area, again very positive. In the last surgery session however we suggested a green corridor through the site should connect to the Ancient Woodland on its west boundary. To take it just this one step further to complete the green link would be worthwhile achieving.

� We also suggested there could be a more formal housing arrangement at the entrance, echoing the formality of the second northern entrance. Could the two aims be combined?

� SUDS? Is the new soft rectangle next to the LEAP an informal depression open for playing or a more severe sloped SUDS feature likely to be unsympathetically fenced? If so could a better SUDS arrangement be found, such as distributing the water to the lower lying site edge? This space next to the LEAP could then be a very good informal kick about area.

� Strongly welcome the new footpath link to the adjoining land. However could it link to the end of the nearest access road, so families with children will naturally take it to walk down to the bus stops and schools?

6.21�� Lead Local Flood Authority

We note some revised details have been submitted for this development, however no further information regarding the site's drainage proposals has yet been provided, in particular information to demonstrate a suitable outfall for surface water from the site as stated in our previous consultation response dated 10^th December 2015. If new information has been provided we would appreciate a direct link to the document(s). Based on the information available, KCC therefore are unable to remove our objection until a drainage strategy has been provided demonstrating adequate management of surface water for the proposed development via an outfall fully compliant with our Drainage and Planning Policy Statement.

6.22�� Highways England have been consulted on the revised proposal.� No comments have been received.

6.23�� KCC Education and Community Services have requested the following contributions:

Primary Education:

� Langley Park Primary School construction:�� 964,000;

� Langley Park Primary School site acquisition:�� 651,092;

Secondary Education:�� 568,711;

(Towards the Third Phase of the expanding Cornwallis School)

Community learning �� 7674

(Toward the refurbishment required at St Faiths Adult Education Centre in Maidstone to provide additional capacity to meet the needs of the additional attendees);

Youth Services�� 2,121

(Towards additional equipment required to support the additional attendees at the Fusion caf� Youth project nearby;

Library bookstock�� 12,003

(Towards additional bookstock required to mitigate the impact of the new borrowers from this development)

Social Care�� 13,470

(Towards accessibility improvements to Community Building where social care services are delivered by KCC or a third party);

Provision of wheel care homes as part of the affordable housing element;

Provision of on-site broadband (as reserved matters condition).

6.24�� The Council�s Park�s Department commented as follows:

The proposal provides in excess of the minimum requirement of onsite open space as a whole. It proposes a LEAP in a central location on the site. There are however shortfalls in various categories, including allotments, sports pitches or recreations areas for different ages.

In order to cover the shortfall in terms of outdoor sports facilities and other open space, in line with MDLP Policy DM22 I would suggest that a financial contribution is sought towards existing offsite facilities, namely at Senacre Recreation ground.

7.0�� APPRAISAL

Local planning policies � weight

7.01�� Paragraph 215 of the NPPF states that, �due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).�

7.02�� Saved policy ENV28 seeks to protect the countryside by restricting development beyond identified settlement boundaries.� In general terms, this policy is consistent with the NPPF, which at paragraph 17, recognises the intrinsic character and beauty of the countryside. However, the draft MBLP evidence base identifies objectively assessed needs for additional housing over the plan period 2016-2031 (which will be discussed in detail below), which the draft MBLP addresses, in part, by way of site allocations for housing outside sites outside existing settlement boundaries. �The draft MBLP was submitted to the Secretary of State for Independent Examination on 20 May 2016 and examination hearings are expected to take place in September 2016.� The draft MBLP will deliver the development (and infrastructure to support it) to meet objectively assessed over the plan period. Saved policy ENV21 relates to the protection of the character, appearance and functioning of strategic routes within the Borough and in relation to protecting of the character and appearance of strategic routes within the Borough is not out of step with the NPPF aim of protecting and enhancing the natural and built environment and so would attract full weight.

The existing settlement boundaries defined by the adopted Local Plan (2000) will be revised by the MBLP to deliver the development necessary to meet identified needs in accordance with the site allocations in draft MBLP policies SP3 and H1. Consequently, although saved policy ENV28 continues to be a material planning consideration, as the settlement boundaries in the adopted Local Plan will not be retained in their current form and would unduly restrict the supply of housing in the Borough contrary to paragraph 47 and 49 of the NPPF.

7.03�� Paragraph 216 of the NPPF states that,

"From the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to:

� the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given);

� the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and

� the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given).�

7.04�� Inevitably any major development on a greenfield site will clearly have an impact upon the environment. In this respect at paragraph 152 the NPPF advises that,

�Local planning authorities should seek opportunities to achieve each of the economic, social and environmental dimensions of sustainable development, and net gains across all three. Significant adverse impacts on any of these dimensions should be avoided and, wherever possible, alternative options which reduce or eliminate such impacts should be pursued. Where adverse impacts are unavoidable, measures to mitigate the impact should be considered. Where adequate mitigation measures are not possible, compensatory measures may be appropriate.�

7.05�� In allocating the site, the Council considers its use for housing is appropriate subject to the criteria outlined within draft MBLP policy H1(7) to mitigate the impact as far as possible. On this basis, it is considered that in general, the proposed allocation is consistent with the principles and policies set out in the NPPF when taken as a whole.

7.06�� In conclusion and bearing in mind the fact that the Council has agreed to use draft MBLP Local Plan policies for development management purposes, the weight to give that plan and the draft site allocation policy H1(7) is considered to be substantial and clearly indicates that the Council considers a housing allocation at the site is appropriate subject to suitable mitigation.

�� Principle of Development

7.07�� 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.

7.08�� The application site is to the east of the defined settlement boundary of Maidstone. It is therefore upon land defined in the adopted Local Plan as countryside.

7.09�� 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.�

7.10�� 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. �None of the exceptions against the general policy of restraint apply, and therefore the proposal represents a departure from the adopted Development Plan. It then falls to be considered firstly whether there are any material considerations which indicate that a decision not in accordance with the Development Plan is justified in the circumstances of this case.

7.11�� Draft MBLP policy SP17, which relates to development in the countryside and, when adopted, will replace saved policy ENV28 is also relevant to the determination of this application.� Draft MBLP policy SP3, relating to The Maidstone South East Strategic Development Location is also relevant, together with draft MBLP policy H1(7) which allocates the site for housing of approximately 190 dwellings. �As such, whilst the site is located outside of the existing settlement boundary within the countryside, given the site's allocation for housing within an extension of the urban development boundary set out in draft MBLP policies SP3 and H1(7), the proposed development would accord with the policies of the draft MBLP, which should be accorded significant weight in the determination of this application.

7.12�� It is necessary therefore to consider three main issues in relation to the proposals.

1.�� Does the application accord with the development plan notwithstanding its lack of compliance with saved policy ENV28;

2.�� If it does, are there other material planning considerations that indicate that the planning permission should nevertheless be withheld;

3.�� If it does not, do other material planning considerations indicate that planning permission should be granted.

As for Question 1, the non-compliance with saved policy ENV28 must be considered in the context of the site's inclusion within a planned eastern extension to the edge of Maidstone, albeit in a fully contained and screened setting. �The Council can demonstrate a five-year housing land supply that is based, in part, on the allocation of housing sites in the draft MBLP, which will alter the existing development boundary.� Those allocations include this site (draft MBLP policy H1(7)). �Accordingly, although this application does not comply with ENV28 as it proposes development in the 'countryside', limited weight should be accorded to that non-compliance, as the site is allocated for development in the draft MBLP. The proposal is considered to accord with the development plan in relation to other policies.

Questions 2 and 3 of the above test are addressed in the report�s conclusions in paragraph 8.05.

7.13�� In terms of other material considerations, the National Planning Policy Framework (NPPF) is a key consideration, particularly with regard to housing land supply. Paragraph 47 of the NPPF states that local planning authorities 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;"

7.14�� The Council has undertaken a Strategic Housing Market Assessment (SHMA) which was completed in January 2014. This work was commissioned jointly with Ashford and Tonbridge & Malling Borough Councils. �A key purpose of the SHMA is to quantify how many new homes are needed in the Borough for the 20-year period of the emerging Local Plan (2011-31). The SHMA (January 2014) identifies an objectively assessed need (OAN) for 19,600 additional new homes over this period, which the Council's Cabinet agreed in January 2014. �Following the publication of updated population projections by the Office of National Statistics in May, the three authorities commissioned an addendum to the SHMA. The outcome of this focused update, dated August 2014, is a refined OAN figure of 18,600 dwellings. �This revised figure was agreed by Cabinet in September 2014. �Since that date, revised household projection figures have been published by the Government and, as a result, the SHMA has been re-assessed. �At the meeting of the Council's Strategic Planning, Sustainability and Transport Committee on 9 June 2015, Members agreed a new OAN figure of 18,560 dwellings.

7.15�� The draft MBLP allocates housing sites considered to be in the most sustainable locations for the Borough to meet the OAN figure will allows the Council to demonstrate a 5-year supply of deliverable housing sites.

7.16�� The annual housing land supply monitoring carried out at 1 April 2016 calculated the supply of housing, assessed extant permissions, took account of existing under delivery and the expected delivery of housing. A 5% reduction from current housing supply was applied to account for permissions which expire without implementation. �In conformity with the NPPF paragraph 47, a 5% buffer was applied to the OAN. The monitoring demonstrates the Council has a 5.12 year supply of housing assessed against the OAN of 18,560 dwellings.

7.17�� Policy SP3 of the emerging local plan relating to the Maidstone urban area: south east strategic development location, sets out that land to the south east of the urban area is allocated as a strategic development location for housing growth with supporting infrastructure providing approximately 2,651 new dwellings on six allocated sites. The application site is allocated under Policy H1(7) of the emerging plan for development of approximately 190 dwellings and sets out the criteria to be met whereby planning permission would be granted.

7.18�� The site is located close to public transport routes and in close proximity to the ��

�� Langley Park development opposite which would enhance the sustainability of the site through the provision of new retail, school and commercial development and the provision of other local services and facilities. This also represents a strong material consideration in favour of the development.

7.19�� For these reasons, it is considered that the principle of the development is acceptable in principle, having regard to relevant national and local planning policy in the NPPF the draft MBLP, respectively.� Accordingly, applying the presumption in favour of sustainable development in paragraph 14 of the NPPF, planning permission should be granted unless the adverse impact of granting planning permission would significantly and demonstrably outweigh the benefits having regard to the policies of the NPPF considered as a whole.� Accordingly, in the following paragraphs of this appraisal, detailed consideration is given to the impact of the proposed development.

Design Quality and the Quantum of Development

7.20�� The illustrative proposal indicates a design providing a generous amount of green space and sensitive boundary treatment that will help to screen the development and set it attractively in the landscape.� The proposed access road forms an axis through the scheme, with a clear hierarchy of roads provided from it.� Footpaths have been used to maximise permeability to adjoining land while seeking to minimise impact upon wildlife. Overall the design appears high quality and in keeping with its setting.

7.21�� Officers have been successful in negotiating a range of improvements to the proposal including:

� The introduction of an additional landscape buffer of a minimum of 15m in width for the entire western edge of the site excluding the access road and associated footway;

� Provision of an addition footpath to the south eastern corner of the site;

� Retention of 3 trees subject to a TPO and avoidance of loss of any ancient wood land.

7.22�� The Council's design advisors Design South East have considered the proposal and are very positive about the improvements that have been negotiated.

7.23�� Draft MBLP Policy H1(7) suggests an allocation of approximately 190 dwellings.� While the current housing application does not formally specify the number of dwelling, the indicative design shows a minimum of 250 dwellings.� The indicative layout taken together with spatial requirements including open space and green buffers shows that the site is suitable for a greater amount of development than that put forward in Policy H1(7).�� In order to ensure a suitable level of development is not exceeded, a condition is suggested limiting the amount of development of up to 250 units.� The proposal�s delivery of housing is fully consistent with the policy priority to significantly boost the supply of housing in accordance with Paragraph 47 of the NPPF.

Affordable Housing

7.24�� The adopted affordable Housing DPD requires that a 40% affordable housing provision be made on developments of 15 units or more. The application proposes a 30% affordable housing provision.� Draft MBLP policy DM13 sets out target rates for affordable housing of 30% within the Maidstone Urban Area and 40% within the countryside, rural service centres and larger villages. Draft MBLP policy DM13 is underpinned by draft MBLP policy SP3 of the emerging Local Plan (relating to the Maidstone urban area: south east strategic development location) which extends the Maidstone Urban Area to accommodate the application site and five other strategic housing sites (as set out in draft MBLP policies H1(5) to H1(10)). �As such, as the site is an allocated housing site (draft MBLP policy H1(7)) within the Maidstone urban area extension and the proposed development has come forward in accordance with the criteria set out in this policy, it is considered that a 30% affordable housing provision would be appropriate in the circumstances, in line with the views of the Council�s housing officer.

7.25�� It is acknowledged that policies contained within the draft MBLP do not carry full weight at this stage, as draft MBLP has been submitted to the Secretary of State, they should be accorded significant weight in the determination of this application. The Council, as local planning authority, has a duty to determine applications as and when submitted, and cannot refuse to determine applications on the basis that the policy framework is immature.

7.26�� As such, it is considered appropriate to apply and accord significant weight to relevant draft MBLP policies to this application relating to an allocated housing site which would bring forward the implementation of a strategic housing site and would provide a significant proportion of the Council�s strategic five-year housing supply. Whilst the application does not comply with saved policy ENV28, and may be considered a departure from the Development Plan, other material planning considerations must also be taken into account, including the delivery of much-needed affordable housing.� A 30% affordable housing provision is acceptable in the circumstances.� The housing officer accepts this proportion.

Visual/Landscape Impact

7.27�� Paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. The intrinsic character and beauty of the countryside should be recognised.

7.28The immediate surrounding landscape is of a gentle spread of undulating land across

a mix of agricultural and wooded landscape, before localised and more extensive hills and dip slopes rise and fall in the terrain of the wider landscape. The topography of the site area reflects the immediate surrounding landscape, and is relatively level with a gentle fall across the site area predominantly from the eastern edge toward the north western corner of the site area.

Landscape Character Impact

7.29�� The developers have submitted a Landscape and Visual Impact Assessment as part of their application.

7.30�� This report concludes that the proposed development would not give rise to any Major or Major-Moderate adverse landscape or visual effects. The Site benefits from a high level of visual containment and the development layout includes the provision of a minimum 40m width proposed woodland along the eastern boundary and a minimum 15m width landscape buffer adjacent to Bicknor Wood to the south of the Site. In terms of landscape character, there will be a Minimal effect to the Gore Court Farm LCA which means that overall, the fundamental qualities and characteristics of the surrounding landscape character and wider setting would prevail. In keeping with general planning policy assumptions, effects on landscape are presumed to be Adverse, although the addition of the proposed woodland belt would be a positive contribution to landscape character.

In terms of visual impacts, there will be a Moderate to Slight effect on the visual receptors immediately adjoining the Site. The effects on views are presumed to be Neutral, or on balance, Adverse, depending upon the screening effects of the proposed mitigation vegetation. Overall, there would be a Minimal effect on the village of Otham, and there are no views of the proposed development from the Conservation Area which means it would not have an impact on the special qualities and setting of this area. There would be no discernible views of the proposed development from wider areas and there would be no widespread visual effects up receptors beyond the immediate vicinity of the Site. For the vast majority of visual receptors within the study area there will be Negligible or no effect.

7.31�� The proposed development has been designed to comply with the particular requirements set out in this policy, and has also responded sensitively to the surrounding landscape character in order to protect and retain existing characteristic landscape features. A comprehensive landscape and Green Infrastructure strategy is proposed which identifies opportunities and important assets of the Site in order to enhance these key features and introduce new public open space and recreation facilities

7.32�� The provision of landscape and wildlife buffers, of varying widths, in line with policy H1(7) will help to screen the development from adjoining uses, helping to mitigate its impact.� The provision of approximately 5.8 hectares of open space within the site will provide an open outlook and setting to the development and is line with Submission Draft Local Plan Policy DM22 Publicly accessible open space and recreation.� Suitable financial mitigation is proposed to cover other elements of open space requirements not provided on site.

7.33�� The landscape officer has considered the LVIA and concludes that it and the proposal is acceptable in terms of the proposals impact upon landscape character and in terms of the assessment provided in the MBC Landscape Capacity: Site Assessments 2015. Following the submission of amendments, the landscape officer considers the proposal to be acceptable in landscape terms, the proposal�s impact on the ancient woodland and TPO trees would be protected by one or more suitably worded planning conditions.

7.34�� In conclusion while it is considered that the proposal conflicts with ENV28, it is not considered that the development harms the character and appearance of the area and no other considerations outweigh this conclusion.

Loss of agricultural land

7.35�� The site consists of 14 ha of agricultural land of which about 6 ha towards the south-eastern corner of the field, is considered to be "best and most versatile" land,� comprising Grade 3a (good quality) and Grade 2 (very good quality) in roughly equal proportions. The remainder of the site is indicated as poorer quality (Grade 3b).� While the development of the 6 ha BMV land here would represent a cumulative loss of some significance to the area, as long as it were to be managed in its current form as a single field, the choice of cropping types will tend to be restricted to the potential offered by the poorer quality land which occupies the larger proportion of the field as a whole.� The Agricultural Land Quality Study of Sites in Maidstone Borough has assessed the site in the context of the quality of local agricultural land as a whole.� It concludes that �while most of the land on the Malling social association is in the best and most versatile category, in Otham parish and either side of Sutton Road poorer sub-grade 3b land is dominant, with significant patches of best and most versatile land within it�.

7.36�� The loss of this agricultural land is a material planning consideration that engages paragraph 112 of the NPPF which states:�

�112. Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.��

7.37�� The Sustainability Appraisal (SA) for the Submitted Draft Local Plan (February 2016) identifies the site as being grade 2 agricultural land.� Within the Summary, the SA identifies the significant loss of agricultural land in all considered alternatives (relevant are paras 3.4.33 and 3.3.12, which states "There are negative effects on land use across all of the alternatives; with a significant loss in greenfield and agricultural land.�

7.37�� Secondly the adopted Local Plan policy protecting Best and Most Versatile Agricultural Land (ENV29) is not a �saved� policy and thus no longer applies.�

7.38�� Taking account of all these considerations, the proposed loss of agricultural land accords with the Development Plan, there being no saved policy addressing the issue.� The harm caused by the loss of agricultural land is considered to be moderate and, in acceptable in policy terms, taking proper account of paragraph 112 of the NPPG and draft MBLP policy H1(7), which allocates the site for residential development and natural and semi-natural open space.

Highways Issues

7.39�� Paragraph 32 of the NPPF states that all development which generates significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Decisions should take account of whether:

� the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure;

� safe and suitable access to the site can be achieved for all people; and

� improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

7.40�� The housing allocation Policy H1(7) of the Submission Version of the Local Plan sets out the following Highways and Transportation criteria required to gain planning permission: