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Betteshanger Report , Item 101. PDF 1 MB a) DOV/20/00419 – Outline application with all matters reserved for up to 210 dwellings including up to 12 self-build plots, together with up to 2,500 sqm of office (Use Class B1) floorspace and up to 150 sqm of retail (Class E) floorspace - Almond House, Betteshanger Sustainable Parks, Sandwich Road, Sholden Reason for report – Number of contrary views (182) b) Summary of Recommendation That members resolve that they are minded to grant planning permission for the development subject to a report back to the Dover District Council Planning Committee on the ecology issues and, subject to conditions and a s106 legal agreement. c) Planning Policy and Guidance Legislation Planning and Compulsory Purchase Act 2004 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that “where in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise” Natural Environment and Rural Communities Act 2006 Section 40 of the NERC Act 2006 imposes a duty on local authorities when exercising their functions, so far as is consistent with the proper exercise of those functions, to have regard to the purpose of conserving biodiversity. Core Strategy Policies (2010) CP1 - Settlement Hierarchy CP3 - Distribution of Housing Allocations CP4 - Housing Quality, Mix, Density and Design CP5 – Sustainable Construction Standards CP6 - Infrastructure CP7 – Green Infrastructure Network DM1 - Settlement Boundaries DM5 - Provision of Affordable housing DM11 - Location of Development and Managing Travel Demand DM12 - Road Hierarchy and Development DM13 - Parking Provision DM15 - Protection of Countryside DM16 - Landscape Character DM17 - Groundwater Source Protection DDC Land Allocations Local Plan (2015) DM27 - Providing Open Space Saved policies of the DDC Local Plan (2002) AS1 – Betteshanger Colliery The re-use of existing buildings and/or redevelopment of the former Betteshanger Colliery pithead, shown on proposals map for B1/B2/B8 employment uses will be permitted provided: i) A survey and evaluation is carried out to determine the extent of any contamination, and remedial measures proposed to ensure development of the site does not pose a threat to human health or nature conservation interests; ii) The amenity of neighbouring residential property is safeguarded; iii) New buildings are acceptable in landscape terms; iv) Adequate highway and site access arrangements can be made and the development is acceptable in terms of travel demand; v) Pedestrian and cycle links are made to Deal urban area; and vi) Nature conservation and archaeological interests are safeguarded. In order to fully assess the impact of any proposals, the Council will require the submission of sufficient details of the buildings, landscaping, traffic impact and parking. Additionally, the Council will seek to enter into a legal agreement relating to off-site highway improvements that may be necessary. Consultation Draft Local Plan Review The Consultation Draft Dover District Local Plan is a material planning consideration in the determination of this planning application. At this early stage in the plan making process however, the policies of the draft Plan have limited weight. Consequently, they shouldn’t materially affect the assessment of this application and the recommendation as set out. Nevertheless, the updated background evidence base is material and where applicable, a more detailed assessment of these issues will be discussed in the report. Kent Waste and Minerals Plan 2020 DM7 – Safeguarding mineral resources CSM5 – Land- won mineral safeguarding National Planning Policy Framework (NPPF) (2019) Paragraph 2 states that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Paragraph 8 - Identifies the three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles. Paragraph 11 - Presumption in favour of sustainable development for decision- taking. For decision taking this means approving development proposals that accord with the development plan without delay unless adverse impacts significantly and demonstrably outweigh the benefits or specific policies in the Framework indicate development should be restricted. Paragraph 38 - LPA’s should approach decisions on proposed development in a positive and creative way and work pro-actively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision makers should seek to approve applications for sustainable development where possible. Paragraph 59 – To support the Governments objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay. Paragraph 78 – To promote sustainable development in rural areas, housing should be located where it will enhance the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Paragraph 91 - Planning policies and decisions should aim to achieve healthy, inclusive and safe places which: a) promote social interaction, including opportunities for meetings between people who might not otherwise come into contact with each other – for example through mixed- use developments, strong neighbourhood centres, street layouts that allow for easy pedestrian and cycle connections within and between neighbourhoods, and active street frontages; b) are safe and accessible, so that crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion – for example through the use of clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas; and c) enable and support healthy lifestyles, especially where this would address identified local health and well-being needs – for example through the provision of safe and accessible green infrastructure, sports facilities, local shops, access to healthier food, allotments and layouts that encourage walking and cycling. Paragraph 98 - Planning policies should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails. Paragraph 104 - Planning policies should provide for high quality walking and cycling networks. Paragraph 107 - local planning authorities must have regard to planning policy guidance about coastal access. Efforts to improve public access and enjoyment of the coast should be encouraged where possible. Paragraph 108 – Applications for development should make appropriate opportunities to promote sustainable transport modes, provide that safe and suitable access to the site can be achieved for all users and any significant impacts from the development on the transport network in terms of capacity and congestion) or on highway safety can be mitigated. Paragraph 109 - Development should only be prevented or refused on transport grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Paragraph 117 – Planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or ‘brownfield’ land. Paragraph120 - Planning policies and decisions need to reflect changes in the demand for land. They should be informed by regular reviews of both the land allocated for development in plans, and of land availability. Where the local planning authority considers there to be no reasonable prospect of an application coming forward for the use allocated in a plan: a) they should, as part of plan updates, reallocate the land for a more deliverable use that can help to address identified needs (or, if appropriate, deallocate a site which is undeveloped); and b) in the interim, prior to updating the plan, applications for alternative uses on the land should be supported, where the proposed use would contribute to meeting an unmet need for development in the area. Paragraph 121 - Local planning authorities should also take a positive approach to applications for alternative uses of land which is currently developed but not allocated for a specific purpose in plans, where this would help to meet identified development needs. In particular, they should support proposals to: a) use retail and employment land for homes in areas of high housing demand, provided this would not undermine key economic sectors or sites or the vitality and viability of town centres, and would be compatible with other policies in this Framework; and b) make more effective use of sites that provide community services such as schools and hospitals, provided this maintains or improves
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