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 site is a strategic housing allocation H1(7) in the submitted Maidstone Local Plan 2016 (as modified by the Inspector’s Final Report (Regulation 25).
REASON FOR REFERRAL TO COMMITTEE –
To consider ‘additional’ material considerations and a revised draft S106 legal agreement
Downswood & Otham
APPLICANT: Bellway Homes
AGENT: DHA Planning
DECISION DUE DATE
PUBLICITY EXPIRY DATE
OFFICER SITE VISIT DATE
Various site visits
RELEVANT PLANNING HISTORY
Environmental Screening Opinion - Development of up to 300 dwellings
and associated infrastructure
EIA not required.
Temporary change of use of land for the storage of topsoil prior to
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
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.
This Committee resolved to
grant conditional consent for the proposal subject to a S106 legal agreement on
14th July 2016. Since then a number of material considerations have
altered which are detailed in section 5 of this report and, moreover, the S106
has not been signed. The previous consolidated report is appended as is the
latest draft of the Section 106 agreement.
The primary purpose of this
report is therefore to allow comprehensive consideration of all relevant
material considerations and revised certain draft heads of agreement within the
1.3 Therefore, this report’s focus is on ‘additional’ material considerations and a revised draft S106 legal agreement subsequent to the 14th July 2016 committee report (appended).
2.0 POLICY AND OTHER CONSIDERATIONS
· National Planning Policy Framework (NPPF)
· Planning Practice Guidance (PPG)
· Maidstone Borough-Wide Local Plan (2000) Saved Policies: ENV6, ENV21, ENV26, ENV28, T2, T3, T13, T21, T23, CF1
· MBC Affordable Housing DPD (2006)
· MBC Open Space DPD (2006)
· Submission version of the draft Maidstone Borough Local Plan (2016) SS1, SP3, SP5, SP17, H1 (7), DM1, DM2, DM3, DM5, DM7, DM11, DM12, DM13, DM14, DM22, DM23, DM24, DM25, DM27, ID1
· Schedule of Proposed Main and Minor Modifications to the Regulation 19 Maidstone Borough Local Plan March 2017
· Kent Waste and Minerals Plan 2016
· Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended)
3.0 LOCAL REPRESENTATIONS
2.01 Local Residents: No additional representations received. However, no additional publicity exercise has been undertaken because the outline application has not changed.
(Please note that summaries of consultation responses are set out below with the response discussed in more detail in the main report where considered necessary)
Relevant consultees were consulted in relation to iterations of the draft s106 legal agreement. Only altered responses are included
4.01 West Kent Clinical Commissioning Group: No objection, updated financial contribution or on-site provision to meet health care needs.
4.02 Highways England: Require a managed approach to the delivery of the part-signalisation of Junction 7, which allocates the funding of such improvements in a practical and equitable way.
4.03 KCC Highways: Have indicated that provision of a dedicate bus route from the site to Bearsted is not viable due to the small demand such a service would generate.
4.04 The Housing Officer has commented on the impact of the submitted affordable housing policy, DM13. His comments are incorporated in section 6.05 of this report.
All standard consultees were re-consulted shortly before this report was drafted. All relevant responses will be included in an update report.
Reasons for Referral Back to Planning Committee
5.1.1 As discussed earlier, this report considers both
‘additional’ material considerations and S106 heads.
5.1.2 The key material considerations relate to:
· Air quality update
· Waste and Minerals provision
· Boughton Lane Appeal advice
· Maidstone Submitted Local Plan
5.03 Air quality update
5.03.1 In April 2015, ClientEarth won a Supreme Court ruling against the government which
ordered ministers to come up with a plan to bring air pollution down within legal limits as soon as possible. Those plans were deemed inadequate by ClientEarth who took the government back to the High Court in a Judicial Review. On 2 November 2016 the court ruled that the government’s 2015 Air Quality Plan failed to comply with the Supreme Court ruling or relevant EU Directives and said that the government had erred in law by fixing compliance dates based on over optimistic modelling of pollution levels.
5.03.2 The responsibility for achieving EU limit values lies with central government (DEFRA)
rather than Local Authorities although planning decisions are made on the basis of the national Air Quality Objectives (AQO) which are the same as the limit values. The assessment undertaken to inform this application has been undertaken in consultation with the Senior Scientific Officer (Environmental Protection) and a sensitivity test has been included which uses base year emission factors in the future year scenarios (i.e. assuming no improvement in emission factors) as a worst-case scenario. The overall effect of the development on local air quality is judged as being ‘not significant’ and sufficient mitigation would be secured by condition.
5.04 Waste and Minerals provision
The Kent Minerals and Waste Local Plan was adopted on 14 July 2016, seeking to safeguard the delivery of a suitable level of these natural resources over the plan period.
5.04.1 This is a site that is shown within the Minerals and Waste Plan as being within an area that has the potential to contain Kentish Ragstone, and is therefore sought to be safeguarded. Policy DM7 of the aforementioned plan sets out the circumstances in which planning applications for this type of development can be permitted, having regard to safeguarding requirements. Policy CSM5 relates to land-won mineral safeguarding, and seeks to ensure that resources are not sterilised by other development. Policy DM21 refers to incidental mineral extraction.
5.04.2 It is important to note that policy DM7 of the Kent Minerals and Water Local Plan states that planning permission will only be granted for non-mineral development that is incompatible with minerals safeguarding where are least one of the seven listed criteria is met. Criteria 7 of the aforementioned policy is met where the development proposal ‘constitutes development on a site allocated in the adopted development plan.’ Whilst the plan has not yet been formally adopted by the Council, the Local Plan Inspector has issued his Final Report and considers the site policy to be sound in the absence of the requirement for a minerals safeguarding criterion.
5.04.3 Whilst it is acknowledged that the County have requested that this site be included within the sites required to provide a Minerals Assessment, the Borough Council remain of the view that sites containing both Ragstone and Industrial Sands should be excluded from such a requirement. It is on this basis that no request has been made of the applicant to provide any assessment on minerals in this instance.
5.04.4 Whilst this site is identified within the Kent County Council Minerals and Waste Plan for safeguarding for minerals, given the strategic importance of the site for housing provision, the passage of time, and as the Borough Council are not seeking any Minerals Assessment for sites within this limestone formation, it is not considered that any further information or subsequent consideration is required to determine this application.
5.05 Boughton Lane Appeal advice
5.05.1 At the Planning Committee meeting on 14th July 2016 the legal officer advised members that the Boughton Lane/New Line Learning decision was not a material consideration in the determination of this planning application. Whilst it is correct that the Secretary of State's decision has been quashed by the Court with the consent of the parties, this was on a discrete basis relating to the approach taken to the Maidstone Borough-Wide Local Plan (2000) saved policy ENV32. No challenge was made to the Secretary of State's (or his Inspector's) conclusions in respect of traffic congestion, and so the Council does not accept that those findings were affected by the quashing of the decision.
5.05.1 As Members are no doubt aware, the appeal decision has been overtaken by events in that the site has been removed from the Local Plan by the Inspector in his Final Report. The South East sites have obviously been found sound.
5.06 Maidstone Local Plan (2011-2031) & Final Report
5.06.1 A critical material consideration is that since this application was last considered in July 2016, the Submitted Maidstone Borough Local Plan has made substantial progress towards adoption. The Examination in Public was held between October 2016 and January 2017. The Local Plan Inspector issued his Interim Findings on 22nd December 2016. Overall the draft Plan now has significant weight. The site specific allocation H1(7) was accepted by the Inspector who supported the allocation of development sites under Policy SP3 in the Interim Findings. In particular the Inspector supported the Council’s position regarding necessary transport improvements to mitigate the impact of housing growth. The Inspector criticised the position of KCC obstructing the provision of sustainable transport measures on the A274. Policy H1 (7) was not proposed to be altered in the subsequent Proposed Main and Minor Modifications (March 2017) which indicates that the Inspector considers H1(7) to be sound and legally compliant. Moreover, the Inspector’s Final Report has now been received and there are no significant modifications proposed which would prejudice the delivery of this housing allocation. As a consequence it is considered that Policy H1(7) should be afforded almost full weight in accordance with paragraph 216 to Annex 1 of the NPPF.
5.06.2 It should be noted that the site is the single largest housing allocation within the Submitted Local Plan. Delivery of this housing is an extremely important element of the Council’s housing trajectory to meet objectively assessed housing need. This outline planning application has been carefully considered against the policy criteria set out in H1(7).
7.0 S106 HEADS
· Part-Signalisation of Junction 7 of the M20 Motorway
· Affordable Housing
· Health Contribution
· Additional Bus Services
7.1 Part-Signalisation of Junction 7 of the M20 Motorway
7.1.1 Highways England consider the proposal has a material impact on Junction 7 of the M20 and consider that it should contribute to a managed approach to the delivery of signalisation of this junction. They have previously stated:
“6.13 Highways England: We agree that the proposed development alone and in combination does not have a severe impact on M20 J7 provided that the mitigation (signalisation scheme) associated with the Kent Medical Campus is fully implemented. However, the evidence provided highlights that without mitigation the junction would operate over capacity in a 2029 scenario. In the absence of any timescales for the development of the Medical Campus M20 Junction 7 instigation scheme or indeed certainty around its delivery it would be necessary to ensure the required mitigation is delivered by other means. Therefore we look forward to hearing your suggestions as to how this may be ensured; for example via a suitable Grampian condition to ensure development does not come forward without the appropriate mitigation in place”.
7.1.3 Highways England consider that a ‘managed approach’ should be taken and have been reference to the statement of common ground drawn up for the Examination in Public of the Local Plan. They have indicated that they would object if the proposed development did not make a suitable contribution to the J7 works.
7.1.5 This Council, as local planning authority, does take a ‘managed approach’ both in terms of policy and practice. In effect, we have a clear strategy.
7.1.6 Policy DM21 ‘Sustainable Transport’ inter alia identifies the need for traffic signalisation at J7 (para 17.127 of the explanatory text) then refers to the need to work in partnership with the Highways Authorities and the Integrated Transport Strategy. It highlights the need for transport assessments in accordance with the NPPF.
7.1.7 Effectively, this means an area based approach to the planning and delivery of infrastructure is employed in that the specific improvements are identified in the Local Plan (together with the ITS and IDP) and through transport assessments, the impacts and so the apportionment can be identified.
7.1.8 Mott McDonald have been employed to undertake detailed analysis in line with this approach. A report is appended. Three sites have been identified as having a significant impact on J7 and with a reasonably high level of certainty of delivery in the next 6 years or so. Moreover, with developers. Therefore it is proposed to attach a Grampian condition requiring the developer to enter into a Section 278 Agreement under the 1980 Highways Act with Highways England securing a financial contribution toward J7. The apportionment of this substantial contribution would be based on the indicative percentages for the 3 schemes by Mott McDonald:-
· This site, namely, land south of Sutton Road, Local Plan reference H1 (10)
· Land north of Bicknor Wood H1 (7)
· Land west of Church Road, Otham H1 (8).
These are the sites currently with the greatest certainty of delivery and demonstrate the ‘managed approach’ in practice. However, given that the J7 improvement works may not be implemented for over 10 years then it may be that other allocated sites or windfall sites contribute in the fullness of time depending on the impact (as assessed in Transport Assessments) and timing.
7.1.9 It may also be the case that the ‘medical’ campus at J7 is built out earlier than anticipated. If such a future scenario were to happen then contributions could be taken to fund capacity improvements at roundabouts/junctions in close proximity to J7 for example.
7.2 Affordable housing
7.2.1 As Members will be aware, the previous resolution sought to provide 30% affordable housing with a 60/40 split between social rented and shared ownership tenure. Since the resolution last year, the Council have progressed with their local plan, and the policies and plan have been found sound subject to modifications. The Council’s emerging Policy (DM13) requires the provision of a 70/30 split unless viability indicates otherwise. In the light of this policy, the applicants propose a 65/35 tenure split.
7.2.2 Clearly the delivery of affordable housing is a priority of the Council, and I would seek to adhere to the emerging policy where possible. However, in this instance, given the planning history of this site, and the fact there has been a previous resolution, I consider it acceptable that the applicant is proposing a 65/35 split in this instance, and no objection is therefore raised.
7.3 Health Contribution.
7.03.1 West Kent CCG has updated their request for financial contribution to meet the likely health needs of new residents of the development. While the number of houses is indicative, if it were 175 market units the contribution for health would be £180,072. Such a settlement would fulfil S106 requirements.
7.03.2 As with the land south of Sutton Road application (also on the agenda), the previously agreed bus service for Bearsted railway station cannot be delivered for commercial reasons. Therefore a head securing this is not proposed. However, one of the reasons why the Local Plan Inspector found the A274 residential allocations to be acceptable is that a new service to Maidstone East is proposed to capitalise on the new Thames Link services coming on stream in 2018. Therefore, I consider that monies are directed to the new service as part of a s106 head of agreement.
8.01 Having considered the ‘updated’ material planning considerations subsequent to the July 2016 Planning Committee together with the outstanding s106 heads my recommendation remains positive for the allocated residential site subject to the new heads and conditions. This is reinforced by the acceptance of this site as an allocation in the Inspector’s Final Report.
8.02 Apart from the specific matters discussed, the heads of agreement and planning conditions are as reported to and resolved by Planning Committee in July 2016.
8.03 A considerable period of time has elapsed subsequent to this application being reported to Planning Committee in July 2016 with inter alia repercussions for strategic housing delivery. Therefore, I seek full delegated powers for both the necessary heads of agreement and planning conditions in order to deliver the specific matters discussed in this report.
Subject to the prior completion of a legal agreement, in such terms as the Head of Legal Services may advise, to provide the following:
1. Section 106 agreement with revised heads of agreement in relation to a financial contribution to signalisation works at Junction 7 of the M20 motorway; affordable housing tenure mix; financial contributions towards improved primary health care facilities in the local area; and a revised financial contribution toward improved bus services in the local area, (otherwise the heads of agreement are as resolved at the July 2016 Planning Committee).
2. That the Head of Planning and Development is able to settle or amend any necessary planning conditions in line with the matters set out in the recommendation and as resolved by Planning Committee.
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 shall not commence (excluding any demolition, ground works, site
investigations, site clearance) for each phase or sub-phase of the development until
approval of the following reserved matters has been obtained in writing from the
Local Planning Authority before a development within that phase or sub-phase :-
a. Layout b. Scale c. Appearance d. Landscaping
The details pursuant to condition 1 a) shall show the provision of satisfactory
facilities for the storage of refuse.
Reason: No such details have been submitted and in accordance with the provisions
of Section 92 of the Town and Country Planning Act 1990.
2. The first application for approval of the reserved matters shall be made to the Local
Planning Authority before the expiration of two years from the date of this permission
with the last application for approval of reserved matters to be made to the LPA within
4 years from the date of this permission.
The development hereby permitted shall be begun before the expiration of two years
from the date of approval of the last of the reserved matters to be approved;
Reason: No such details have been submitted and in accordance with the provisions
of Section 92 of the Town and Country Planning Act 1990.
3. Prior to the completion of the 125th dwelling house, the applicant shall complete a section 278 Agreement under the Highways Act 1980 with Highways England which makes a significant contribution toward the part-signalisation of Junction 7 of the M20 motorway, the contribution will be proportional and apportioned with other schemes having a significant impact on the traffic flows at Junction 7.
Reason: Transport assessments have been undertaken which confirm that the development would have a significant impact on traffic flows at Junction 7 and in accordance with Policy DM71.
4. The development shall not commence (excluding any demolition, ground works,
site investigations, site clearance) for the relevant phase until there has been
submitted to and approved in writing by the Local Planning Authority a scheme of
landscaping, using indigenous species which shall include indications of all existing
trees and hedgerows on the land, and details of any to be retained, together with
measures for their protection in the course of development and long term
management. The landscape scheme shall be designed using the principles
established in the Council's adopted Landscape Character Assessment and
Landscape Guidelines and provide for the following:
a) High quality detailed and structural landscaping located within the application site.
b) Retention and enhancement of boundary vegetation (excluding the openings
required for access points).
c) The provision of a 15m wide protective buffer zone along the entire western
boundary of the site, excluding the access road, visibility splays and associated
d) The provision of a 15m wide protective buffer zone along the entire southern
boundary of the site, adjacent with Bicknor Wood, excluding footways. The buffer zone shall be fenced off in accordance with BS 5837 2012 before and during construction; and thereafter fenced off in accordance with details to be submitted to and approved by the Local Planning Authority. The approved fencing shall be maintained thereafter.
e) The provision of a largely 40m wide minimum protective buffer zone along the
entire eastern boundary of the site.
f) The provision of a protective buffer zone along the entire northern boundary of the
site, excluding the access road, sighte lines, and associated footways.
g) Means of enclosure including the positions, design, materials and type of boundary
treatment to be erected;
h) Proposed finished floor levels and contours
i) Works to necessary Public Rights of Way;
j) Car parking layouts;
k) Other vehicle and pedestrian access and circulation areas;
Planning Committee Report
l)Hard surfacing materials;
m)Written planting specifications;
n)Schedules of plants (noting species, plant sizes and proposed numbers/densities
o)Minor artefacts and structures - including street furniture, refuse or other storage
units, signs, lighting etc and including a specification of Play Areas including their
long term management and maintenance
p) Implementation programme.
The works shall be carried out strictly in accordance with the approved details unless
otherwise agreed in writing.
q) Details of the location of flood attenuation swales and ponds within the 15m buffer zone to the south and such features shall not affect root protection areas.
Reason: To ensure a satisfactory development in the interests of amenity.
5. All hard and soft landscape works submitted and approved pursuant to
condition 1 (d) for each phase or sub phase of the development shall be
carried out in accordance with the approved details for that phase or sub
phase.. The works shall be carried out prior to the occupation of any part of
the development on that phase/sub phase or in accordance with a programme
previously agreed in writing with the Local Planning Authority; and any trees
or plants whether new or retained which within a period of 5 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. The play areas shall not thereafter be used for any
other purpose other than as play areas.
Reason: To ensure a satisfactory development in the interests of amenity.
6. 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 buildings 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 external appearance to the development.
7. A phasing plan for the development shall be submitted to the Local Planning
Authority as part of the first reserved matters application, and approved in writing by
the Local Planning Authority showing the boundary of each phase. The development
shall be carried out in accordance with the approved phasing plan unless agreed
otherwise in writing by the Local Planning Authority.
Reason: To enable the Local Planning Authority to control the development in
detail and to comply with Section 92 of the Town and Country Planning Act 1990.
8. Prior to the commencement of development of each phase or sub phase
(including any demolition, ground works, site clearance) a method statement for the
mitigation of ecological impacts (including reptiles, great crested newts, nesting birds
and retained habitats including the stream and hedgerows) shall be submitted to and
approved in writing by the local planning authority. The content of the method
statement shall include the:
a) Purpose and objectives for the proposed works, including risk assessment of
potentially damaging construction activities;
b) Practical measures (both physical measures and sensitive working practices) to
avoid, reduce and/or mitigate impacts and achieve stated objectives;
c) Extent and location of proposed measures, including identification of 'biodiversity
protection zones' shown on appropriate scale maps and plans;
d) Timetable for implementation, demonstrating that works are aligned with the
proposed phasing of construction;
e) Times when specialist ecologists need to be present on site to oversee works;
f) Persons responsible for implementing the works, including role and responsibilities
on site of an ecological clerk of works or similarly competent person.
The works shall be carried out strictly in accordance with the approved details.
Reason: To protect and enhance biodiversity.
9. Prior to the commencement of development of each phase or sub phase an
ecological design and management strategy (EDS) addressing habitat creation,
managment and enhancement, has been submitted to and approved in writing by the
local planning authority. The EDS shall include the following:
a) Purpose and conservation objectives for the proposed works.
b) Review of site potential and constraints.
c) Detailed design(s) and/or working method(s) to achieve stated objectives, including
the creation of an appropriately sized nature conservation area, a buffer zone to the
stream and green corridors across and around the site.
d) Extent and location/area of proposed works on appropriate scale maps and plans.
e) Type and source of materials to be used where appropriate, e.g. native species of
f) Timetable for implementation demonstrating that works are aligned with the
proposed phasing of development.
g) Persons responsible for implementing the works.
h) Details of initial aftercare and long term management and maintenance.
i) Details for monitoring and remedial measures.
j) Swift bricks and bat boxes integral to buildings, wildlife friendly gullies, and
retention of cordwood on site.
The EDS shall be implemented in accordance with the approved details and all
features shall be retained in that manner thereafter unless otherwise agreed in
Reason: To protect and enhance biodiversity.
10. No development shall take place (including ground works, vegetation clearance) on
each phase or sub phase, until a Construction Environmental Management Plan
(CEMP:Biodiversity) which shall be informed by the ecological design strategy (EDS)
has been submitted to and approved in writing by the local planning authority. The
CEMP (Biodiversity) shall include the following:
a) Risk assessment of potentially damaging construction activities;
b) Identification of “biodiversity protection zones” clearly depicted on a map
Planning Committee Report
c) Practical measures (both physical measures and sensitive working
practices) to avoid or reduce impacts during construction (may be provided
as a set of method statements)
d) The location and timing of sensitive works to avoid harm to biodiversity
e) The times during construction when specialist ecologists need to be
present on site to oversee works;
f) Responsible persons and lines of communication;
g) The roles and responsibilities on site of an ecological clerk of works
(EcoW) or similarly competent person;
h) Use of protective fences, exclusion barriers and warning signs.
i) Detailed protective species mitigation strategies.
The approved CEMP (Biodiversity) shall be adhered to and implemented throughout
the construction period strictly in accordance with the approved details, unless
otherwise agreed in writing by the local planning authority.
Reason: In the interests of ecological preservation.
11. If the development hereby approved does not commence (or having commenced,
is suspended for more than 12 months) within 18 months from the date of the
reserved matters planning consent, the ecological measures are set out in the Section
six of the Bicknor Green, Land North of Bicknor Wood, Maidstone, Kent Ecological
Appraisal (Ref:ECO4320.EcoApp.vf shall be reviewed and where necessary amended
and updated. The review shall be informed by further ecological surveys
commissioned to identify any likely ecological impacts that might arise from any
changes. The further surveys shall be submitted to the Local Planning Authority for
Where the survey results indicate that changes have occurred that will result in
ecological impacts not previously addressed, the original ecological measures will be
revised and new or amended measures and a timetable for their implementation, will
be submitted to, and approved in writing by, the Local Planning Authority. The
amended details shall be incorporated into the Landscape and Ecological
Management Plan (LEMP) and Construction Environmental Management Plan
(CEMP:Biodiversity) which shall be submitted to the Local Planning Authority and
shall be carried out in accordance with the approved details and timetable.
Reason: In the interests of biodiversity protection.
12. Details of a "lighting design strategy for biodiversity" for each phase of the site
shall be submitted to and approved in writing by the local planning authority prior to
occupation of the relevant phase of the development. The development shall be
carried out in accordance with the approved details unless otherwise agreed in
writing by the Local Planning Authority.
The strategy shall:
a) Identify those areas/features on site that are particularly sensitive for bats and in
which lighting must be designed to minimise disturbance, and;
b) Show how and where external lighting will be installed (through the provision of
appropriate lighting contour plans and technical specifications) so that it can be
clearly demonstrated that areas to be lit will not disturb or prevent bats using their
territory or having access to their breeding sites and resting places.
c) Include measures to reduce light pollution and spillage.
All external lighting shall be installed in accordance with the specifications and
locations set out in the strategy, and these shall be maintained thereafter in
accordance with the strategy.
Reason: In the interest biodiversity protection and visual amenity.
13. The development shall not commence for the relevant phase until an
Arboricultural Method Statement in accordance with BS5837:2012 has been submitted
to and approved in writing by the Local Planning Authority. The development shall be
carried out in accordance with the approved details.
Reason: To ensure a satisfactory external appearance to the development.
14. No development shall commence on any phase or sub-phase until a full
Arboricultutal Implications Assessment (AIA) which shall be informed by the
Landscape and Ecology Management Plan (LEMP) and the construction
environmental management plan (CEMP:Biodiversity) has been submitted to and
approved in writing by the Local Planning Authority. Such study shall consider the
exact relationship between the proposed development and the existing trees on the
site and any areas identified for new planting including buffer zones, in line with the
recommendations of BS 5837:2012 (Trees in Relation to design, demolition and
construction - Recommendations).
The AIA should include survey data on all trees on the site, with reference to the
British Standard and assess all interfaces between the development and trees, their
root zones and their crowns and branches, i.e.:-
• Protection of trees within total exclusion zones;
• The location and type of protective fencing;
• The location of any main sewerage and water services in relation to
• The location of all other underground services, i.e. gas, electricity and
• The locations of roads, pathways, parking and other hard surfaces in
relation to tree root zones;
• Provision of design and engineering solutions to the above, for example,
thrust boring for service runs; the use of porous surfaces for roads etc. and the remedial work to maintain tree health such as irrigation and fertilisation systems; the use of geotextile membranes to control root spread;
• Suggested locations for the site compound, office, parking and site access;
• The replacement planting necessary to compensate for any necessary losses.
Drawings should also be submitted to show the location of any protective fencing,
site compounds, means of access etc. and the study should contain a method
statement for arboricultural works which would apply to the site. The details shall include a constraints plan and how the areas are to be fenced which shall include the use of scaffolding to secure the fencing for the duration of the build. The development shall be implemented in accordance with the approved AIA unless otherwise agreed in writing by the LPA.
Reason: To ensure the proposed development is satisfactorily integrated with its
immediate surroundings and provides adequate protection of trees.
15. All existing hedges shall be retained unless removal has been agreed in writing
prior to their removal, or as specified in approved plans.
Reason: in order to maintain existing landscaping and wildlife habitat.
16. The development, above ground level for the relevant phase or sub-phase, shall
not commence for the relevant phase or sub-phase until, written details and samples
of the materials to be used in the construction of the external surfaces of any
buildings and hard surfaces have been submitted to and approved in writing by the
Local Planning Authority and the development shall be constructed using the
Reason: To ensure a satisfactory appearance to the development.
17. The development shall not commence for the relevant phase or sub phase until a
programme of archaeological work in accordance with a written specification and
timetable has been submitted to and approved by the Local Planning Authority. The
works shall be carried out in accordance with the approved details.
Reason: To ensure that features of archaeological interest are properly examined and
18. The development above ground level shall not commence for the relevant phase
or sub phase until details of the proposed slab levels and ridge heights of the
buildings and the existing site levels have been submitted to and approved in writing
by the Local Planning Authority and the development shall be completed strictly in
accordance with the approved levels unless otherwise agreed in writing by the Local
Reason: In order to secure a satisfactory form of development.
19. The development shall not commence for the relevant phase or sub phase until
the following components of a scheme to deal with the risks associated with
contamination of the site shall have been submitted to and approved, in writing, by
the local planning authority:
1) A preliminary risk assessment which has identified:
- all previous uses
- potential contaminants associated with those uses
- a conceptual model of the site indicating sources, pathways and receptors
- potentially unacceptable risks arising from contamination at the site.
2) A site investigation, based on (1) to provide information for a detailed assessment
of the risk to all receptors that may be affected, including those off site.
3) A remediation method statement (RMS) based on the site investigation results and
the detailed risk assessment (2). This should give full details of the remediation
measures required and how they are to be undertaken. The RMS should also include a
verification plan to detail the data that will be collected in order to demonstrate that
Planning Committee Report
the works set out in the RMS are complete and identifying any requirements for
longer-term monitoring of pollutant linkages, maintenance and arrangements for
4) A Closure Report is submitted upon completion of the works. The closure report
shall include full verification details as set out in (3). This should include details of
any post remediation sampling and analysis, together with documentation certifying
quantities and source/destination of any material brought onto or taken from the site.
Any material brought onto the site shall be certified clean;
Any changes to these components require the express consent of the local planning
authority. The scheme shall thereafter be implemented as approved unless otherwise
agreed in writing by the LPA.
Reason: In the interests of public safety and pollution prevention.
HIGHWAYS AND ACCESS
20. No construction above DPC level of each phase or sub phase of the development
hereby permitted shall take place until details of the following highways, cycle route
and footway improvements have been made in full. Full details shall be submitted to
and approved in writing by the Local Planning Authority in consultation with the Local
Highways Authority and then the approved works shall be carried out in full prior to
first occupation of any dwelling:
a) the treatment of the White Horse Lane between Gore Court Road and the new
b) the closure of Gore Court Road between the edge of the site and Sutton Road and
replacement with PROW including footway and cycleway.
c) Closure of Gore Court Road at its junction with A274.
d) Closure of White Horse Lane between Gore Court Road and the approved site
access, and replacement with PROW including footway and cycleway.
e) on-site footways (shall be constructed before the dwellings to which they serve are
first occupied), including the provision of a PROW to the Bicknor Farm site to the
south west. At no time shall development take place that would preclude this
accesses being opened up.
f) all footways, cycle routes and highways on site shall be constructed before the
dwellings to which they serve are first occupied.
Reason: In the interests of good accessibility and sustainable travel.
21. No development of the site, phase or sub phase shall take place until a
Construction Method Statement has been submitted to and approved in writing by the
local planning authority. The approved Statement shall be adhered to throughout the
construction period and shall provide for:
i) working hours on site;
ii) the parking of vehicles of site operatives and visitors;
iii) the loading and unloading of plant and materials;
iv) traffic management, including delivery times, lorry routing, traffic control
and construction access, as necessary;
v) the storage of plant and materials used in constructing the development;
vi) the erection and maintenance of hoarding or fencing necessary for public
safety, amenity and site security;
vii) wheel washing facilities;
viii) measures to control the emission of dust and dirt during construction;
ix) measures to control noise and vibration during construction;
Planning Committee Report
x) a scheme for the recycling or disposal of waste resulting from
xi) Code of Construction Practise.
Reason: In the interest of amenity.
22. The access shall be constructed in accordance with the approved plan 10-T007
47A at the time of the development. Signalisation of the junction of A274 and Imperial
Park, shall be carried out prior to occupation of any dwelling in accordance with
details which have first been submitted to and approved in writing by the local
planning authority in consultation with Kent Highways.
Reason: In the interests of highway safety.
23. The development shall not commence above ground level until details of 10%
renewable energy production placed or erected within the site have been submitted to
and approved in writing by the Local Planning Authority. The work so approved shall
be carried out in accordance with the approved details at the time of development.
Reason: to ensure a sustainable and energy efficient form of development.
NUMBER OF DWELLINGS
24. The number of dwellings shall not be more than 250.
Reason: In order to ensure satisfactory design and residential amenity.
25. No infiltration of surface water drainage into the ground at this site is permitted
other than with the express written consent of the local planning authority, which may
be given for those parts of the site where it has been demonstrated that there is no
resultant unacceptable risk to controlled waters. The development shall be carried out
in accordance with the approval details.
Reasons: To prevent pollution of controlled waters and comply with the NPPF.
26. Development shall not begin (with the exception of a haul road) until a detailed
sustainable surface water drainage design for the site has been submitted to (and
approved in writing by) the local planning authority. The detailed drainage design
shall demonstrate that:
i. Surface water generated by this development (for all rainfall durations and
intensities up to and including the climate change adjusted critical 100yr storm) can be
accommodated onsite before being discharged at an agreed rate to the receiving
ii. Measures to prevent silt, mud and other pollutants from entering the downstream
watercourses during construction.
iii. Appropriate allowances for climate change have been incorporated into design.
Reason: In the interests of sustainable drainage.
27. No building hereby permitted shall be occupied until details of the implementation,
maintenance and management of the sustainable drainage scheme have been
submitted to and approved in writing by the local planning authority. The scheme
shall be implemented and thereafter managed and maintained in accordance with the
approved details. Those details shall include:
i. a timetable for its implementation, and
ii. a management and maintenance plan for the lifetime of the development which
include the arrangements for adoption by any public body or statutory undertaker, or
Planning Committee Report
any other arrangements to secure the operation of the sustainable drainage system
throughout its lifetime.
Reason: To ensure that the principles of sustainable drainage are incorporated into
this proposal and to ensure ongoing efficacy of the drainage provisions.
28. The development shall not commence (excluding a haul road) until a drainage
strategy detailing the proposed means of foul water and surface water disposal and
an implementation timetable, has been submitted to and approved in writing by the
Local Planning Authority in consultation with the sewerage undertaker.
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
The development shall be carried out in accordance with the approved schemes and
Reason: In the interest of pollution and flood prevention.
29. A Sustainable Travel Statement must be submitted to and approved from KCC
Highways and the Local Planning Authority. It will include, as a minimum, the
following measures, to be implemented prior to occupation:
1. A Welcome Pack available to all new residents as a booklet, containing
information and incentives to encourage the use of sustainable transport
modes from new occupiers, including:
2. Maps showing the site in relation to walking, local buses, cycle routes, cycle
stands, the nearest bus stops, and rail stations
3. Approximate time it takes to walk or cycle to various local facilities
4. Site specific public transport information including up to date public transport
5. Links to relevant local websites with travel information such as public
transport operator information, cycling organisations and the Council
6. Details of local 'Car Share' and 'Car Club' schemes, including links to County &
District Councils sponsored schemes.
7. Information on public transport season tickets and offers
8. Information on specific incentives including “Walk to Work” or "Cycle to Work" initiatives
9. Information on the health, financial and environmental benefits of sustainable travel
10. Discounted tickets for local buses and/or vouchers for bike maintenance/parts at local shops, to be negotiated.
At least one parking bay to be allocated to a residential or publically accessible car
club vehicle, available for use on occupation. A successful car club scheme will
require dedicated marked and signed car parking spaces for vehicle(s) to be provided
ideally available also to members not living in the development. Developer
contribution shall include:
i. Traffic Regulation Orders and Associated road markings/signage
ii. Incentives for new residents to join the car club (£30 free driving credit per
iii. Lease of the vehicle(s) for the first 6 months.
Plug-in and low emission charging infrastructure
Domestic: Dwellings with dedicated off-street parking to be provided with charging
points for low-emission plug-in vehicles.
Publicly Accessible (in development including 10 or more flats with no dedicated offstreet
parking): at least one publicly accessible double charging point (22kW or
faster) for plug-in vehicles to be installed within the development prior to its
occupation and maintained for at least the following five years (specifications to be
agreed with the LPA and KCC).
Reason: In the interests of sustainable transport and the avoidance of pollution.
PROVISION OF BUS FACILITIES AND ACCESS
30. Prior to construction of the development reaching DPC level, full details of
provision of new bus shelters and pedestrian crossing points along Sutton Road
including details of public footpaths connecting the site to surrounding pedestrian
routes, bus stops and local services and facilities shall be submitted to and approved
in writing by the Local Planning Authority. The works shall be carried out in
accordance with the approved details prior to occupation of the first dwelling.
Reason: To ensure the development is fully connected to pedestrian routes and the
surrounding area and to improve quality and access to bus services along the A274
31. No development shall take place until details of the provision of a minimum of 10%
of the properties hereby permitted shall be provided to a Lifetime Homes standard.
Reason: In the interests of good design.
DESIGN PRINCIPLES STATEMENT
32. No construction of the development above ground level hereby permitted shall take place until a Design Principles Statement has been submitted to and approved in writing by the Local Planning Authority. The development proposals shall be of a high standard of design and sustainability incorporating the use of vernacular materials taking their cue from the local context. The development shall be carried out in accordance with the approved details.
Reason: In the interests of ensuring high quality design.
33. The development hereby permitted shall be carried out in accordance with the
following approved plans/documents: Drawing 15042 –S101A – Site Location Plan;
Drawing 15042 - C09A - Development Parameter Plan; Drawing 10-T007 47A -
Proposed Highway Alignment;, Drawing 10-T007 63B - Proposed Footway Arrangement.
Reason: For the purposes of clarity and to ensure the quality of the development is
PUBLIC ACCESS TO OPEN SPACE
34.The open areas within the residential development site shall remain open and
available for public access and no fences, gates or other means of enclosure shall be
placed or erected to preclude access to these areas at any time without the prior
approval of the Local Planning Authority.
Reason: In the interests of permeability throughout the site, and to maintain the
character and appearance of the landscaped areas.
35. The development hereby permitted shall incorporate measures to minimise the
risk of crime. No development shall take place until details of such measures,
according to the principles and physical security requirements of Crime Prevention
Through Environmental Design (CPTED) have been submitted to and approved in
writing by the Local Planning Authority. The approved measures shall be
implemented before the development is occupied and thereafter retained.
Reason; In the interest of security and crime prevention
36. No external meter cupboards, vents, or flues shall be installed on any external
elevation without the prior agreement in writing of the Local Planning Authority.
Reason: To secure a high standard of design.
AIR QUALITY RE OFFSETTING EMISSIONS (Calculation of Mitigation/Compensation)
37. Due to the scale of this proposal, a calculation of pollutant emissions costs from the vehicular traffic generated by the development should be carried out, utilising the most recent DEFRA Emissions Factor Toolkit and the latest DEFRA IGCB Air Quality Damage Costs for the pollutants considered, to calculate the resultant damage cost.
The calculation should include:
· Identifying the additional trip rates generated by the proposal (from the Transport
· The emissions calculated for the pollutants of concern (NOx and PM10) [from the Emissions
· The air quality damage costs calculation for the specific pollutant emissions (from DEFRA
· The result should be totalled for a five year period to enable mitigation implementation.
· The calculation is summarised below:
Road Transport Emission Increase = Summation [Estimated trip rate for 5 years X Emission rate per 10 km per vehicle type X Damage Costs] The pollution damage costs will determine the level of mitigation/compensation required to negate the impacts of the development on local air quality.
· No development shall commence until the developer has developed a scheme detailing and
where possible quantifying what measures or offsetting schemes are to be included in the
development which will reduce the transport related air pollution of the development during
construction and when in occupation. The report should be submitted to and approved by the
Local Planning Authority, prior to development. [The developer should have regard to the
DEFRA guidance from the document Low Emissions Strategy -using the planning system to
reduce transport emissions January 2010.]
Reason: to ensure the impact of the proposal upon air quality is mitigated.
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.
38. Noise and Vibration transmission between properties
Attention is drawn to Approved Document E Building Regulations 2010 “Resistance
to the Passage of Sound” – as amended in 2004 and 2010. It is recommended that the
applicant adheres to the standards set out in this document in order to reduce the
transmission of excessive airborne and impact noise between the separate units in
this development and other dwellings.
39. Refuse Storage and disposal (Maidstone)
The applicant should have regard to the Environmental services guidance document
“Planning Regulations for Waste Collections” which can be obtained by contacting
Environmental Services. This should ensure that the facilities for the storage and
disposal of waste and recycling generated by this development as well as the site
access design and arrangements for waste collection are adequate.
40. Gas safety Informative
Please note there is a low/medium/intermediate pressure gas main near your site.
There should be no mechanical excavations taking place above or within 0.5m of a
low/medium pressure system or above or within 3.0m of an intermediate pressure system. You should, where required confirm the position using hand dug trial holes.
Safe digging practices, in accordance with HSE publication HSG47 “Avoiding Danger
from Underground Services” must be used to verify and establish the actual position
of mains, pipes, services and other apparatus on site before any mechanical plant is
used. It is your responsibility to ensure that this information is provided to all relevant
people (direct labour or contractors) working for you on or near gas plant.
41. Waste to be taken off site
Contaminated soil that is, or must be disposed of, is waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:
• Duty of Care Regulations 1991
• Hazardous Waste (England and Wales) Regulations 2005
• Environmental Permitting (England and Wales) Regulations 2010
• The Waste (England and Wales) Regulations 2011
Developers should ensure that all contaminated materials are adequately
characterised both chemically and physically in line with British Standard BS EN
14899:2005 'Characterization of Waste - Sampling of Waste Materials - Framework for
the Preparation and Application of a Sampling Plan' and that the permitting status of
any proposed treatment or disposal activity is clear. If in doubt, the Environment
Agency should be contacted for advice at an early stage to avoid any delays.
If the total quantity of waste material to be produced at or taken off site is
hazardous waste and is 500kg or greater in any 12 month period the developer
will need to register with us as a hazardous waste producer. Refer to our
website at https://www.gov.uk/government/organisations/environment-agency
for more information.
42. The reserved matters must be reported back to the Planning Committee for consideration rather than dealt with under delegated powers.
Case Officer: Tim Chapman