Application no: 20151054

Location: Cyclopark The Tollgate Watling Street Gravesend DA11 7PN

Description: Application to make permanent the temporary permission granted under application reference 20140199 for use of up to 50 car parking spaces within the Cyclopark car park for commuter car parking.

Applicant(s): Mr Stuart Parker,

Decision Level: Planning Regulatory Board - 14 January 2016

Recommendation PLANNING PERMISSION be granted subject to planning conditions

For Conditions please see end of report

1. Description of the Site and Surroundings

1.1 The Cyclopark is located on land just beyond the southern edge of the urban area of Gravesend and Northfleet and previously this was part of the line of the old A2 prior to the re-routing of the A2 to the south of the site in 2008. It forms the central core to a wider activity park with footpaths and cycle ways running from Pepper Hill in the west to Marling Cross in the east.

1.2 The wider Cyclopark site is approximately 46 ha (114 acres) and the central core activity park accommodates the main pavilion building incorporating a café, bike rental/repair, changing facilities, etc. The remainder of the core site is occupied by the grounds which are predominantly in the form of cycle tracks, play grounds, and parking facilities.

1.3 The car park at the Cyclopark has an existing capacity of 337 cars (170 spaces within the main car park plus an overspill car park of 167 spaces), together with space for 18 motorcycles, and 80 cycle spaces. There is also coach parking facilities in laybys next to the main car park.

1.4 There are existing lighting, CCTV and Automated Number Plate Recognition (ANPR) facilities on the site. The main car park is of a tarmac finish and is marked out with parking bays and traffic management directions. The car park is secure and is locked out of operational hours. The current parking charges for Cyclopark customers are £1 all day.

1.5 The overspill car parking area is located to the south of the main car park accessed separately off the access road into the site and this also serves as a maintenance yard and compound. 1.6 The Cyclopark has a dedicated entrance / exit onto the Wrotham Road on what was the former coast bound slip road onto the old A2 and which serves also as an access to a number of residential properties in Wrotham Road and to the Tollgate service station (now a Shell franchise) which remains in use. This road feeds on to the Wrotham Road (A227)/Coldharbour Road roundabout as its eastern arm.

1.7 A footpath runs parallel to the Cyclopark access road on its north side linking in an easterly direction the park with the Wrotham Road at a point just to the north of the old A2 bridge crossing and to the south of the Wrotham Road/Coldharbour Road roundabout junction and where there is a bus stop and bus shelter on the western side of the Wrotham Road. The footpath (part of the line of the former NG20 public footpath) links into the Cyclopark just to the east of the car parking area. It is not lit and was poorly maintained until last year when works were undertaken by the applicants to clear the path. At the same time the bus shelter in Wrotham Road was also refurbished at the applicant’s expense. The footpath also adjoins a more recent footpath (which is wide, has lighting and a tarmac surface) that was constructed as a pedestrian/cycle access alongside the Toby Carvery linking Coldharbour Road with the Cyclopark in a north south direction. This was recently formally adopted by KCC as a cycle track.

1.8 Since November 2014 up to 50 parking spaces have been allocated at the eastern end of the main Cyclopark car park for commuter park and ride for customers using the Kings Ferry commuter coach service (part of the National Express Group) to London on weekdays following a temporary grant of planning permission given at the Council’s Regulatory Board meeting on 28 May 2014.

2. Planning History

2.1 The relevant planning history is as follows:

20090440: Application under Regulation 3 for the A2 Activity Park scheme consisting of an outdoor Activity Park including car parking, pavilion and associated buildings, cycle tracks, footpaths, boundary treatments and landscaping on the A2 corridor and adjacent agricultural land. KCC GRANTED PERMISSION 16.9.10 subject to conditions. No objection by GBC 21.07.2010.

20100463: Application under Regulation 3 for the proposed external lighting of the core activity park, including the tarmac cycle track, BMX race track, multi-use games area (MUGA) and skate park. KCC GRANTED PERMISSION 10.9.10 subject to conditions. No objection by GBC 24.06.2010.

20100464: Application under Regulation 3 for the clarification of the usage of the Activity Park with particular reference to major events. KCC GRANTED PERMISSION 10.9.10 subject to conditions.No objection by GBC 24.06.2010.

20121034: Display of 10 non-illuminated banner signs attached to existing lamp posts. Refused 28.01.2013. 20131036: Use of existing car park as a park and ride facility. Withdrawn 04.03.2014.

20140199: Use of existing car park for commuter car parking. Upgrading of footpath to the existing bus stop. Temporary Permission 25.06.2014.

20140713: Application for the approval of condition 5 attached to planning permission reference number 20140199 relating to a parking management plan. Approval of details 16.09.2014.

20140714: Application for the approval of condition 6 attached to planning permission reference number 20140199 relating to the proposed improvements, including path clearance, surface repairs and any necessary lighting, to the footpath link that connects the proposed area of commuter car parking. Approval of details 16.09.2014.

3. Proposal

3.1 This application is to make permanent the use of part of the existing customer car park at the Cyclopark as a park and ride facility for commuters using the Kings Ferry coach commuting service (part of the National Express Group) in North into London, following the temporary one year planning permission granted in 2014.

3.2 This involves the eastern most part of the car park being used by commuters with up to 50 spaces made available for the primary purpose of commuter parking (including 3 disabled bays). This amounts to approx. 30% of the surfaced Cyclopark parking spaces. The operational window for parking by commuters in the morning is from 6.00am to 8.00am Monday to Friday which is outside of the weekday opening times for the Cyclopark of 10.00am.

3.3 As with the temporary arrangement the 50 spaces will be reserved up until the last coach service leaves ensuring all morning commuters are able to park, and that if the residual Cyclopark spaces become full during the day the park and ride spaces remain open for use by non-commuters.

3.4 The commuter car parking spaces are delineated by signs displayed on the site.

3.5 Also as with the previous temporary arrangement it is not intended that commuter coaches will enter or exit the site but will pick up commuters outside the existing bus stop and shelter in Wrotham Road to the south of the Coldharbour Road roundabout.

3.6 Following the temporary permission the Kings Ferry have increased the frequency of services at this stop from what were 12 services a day (Monday to Friday) to 22 and one additional trial service. This is in accordance with the intentions stated when the temporary application was being considered.

3.7 The vast majority of commuters who use Kings Ferry coach services (over 95%) are apparently regular commuters who use season ticket passes to board. These commuters have a ‘parking permit’ with their number plates on a database, recognised by Cyclopark’s Automated Number Plate Recognition (ANPR). Day users who have not pre-booked can register online and consideration is being given to having a machine that allows users to enter their registration and then be billed.

3.8 Improvements to the footpath that connects the Cyclopark car park with the bus stop and shelter in Wrotham Road were undertaken at the time of the temporary planning permission by the trimming back of the vegetation; no lighting or new surface treatments at the time were deemed necessary and no additional works are intended in connection with the proposed permanent facility other than continued maintenance.

3.9 A parking management plan that was submitted as a requirement of one of the planning conditions of the temporary grant of planning permission will remain in situ. Section 4 of the approved plan sets out the principles of the site operation including defined bays, operation times, bay booking, booking pack, enforcement, liaison, event management, incident management, monitoring, access, management and operational changes.

3.10 The current planning application is accompanied by:

• Planning Statement - October 2015. • Noise and Vibration Assessment - February 2014 (submitted as part of the previous temporary application). • Technical Note (30193 TN-AC001) Updated Noise and Vibration Assessment - November 2015: Review of February 2014 Assessment concluding that it is still valid. • Air Quality Statement - February 2014 (submitted as part of the previous temporary application). • Technical Note (30193/5503 - AQ001) Air Quality Assessment Update - October 2015: Review of February 2014 Assessment concluding that it is still valid. • Transport Note (30193/001/TSN) - October 2015. • Cyclopark Management Plan (30193/001/PMP Rev: BB) - July 2014.

3.11 The applicant states in the Planning Statement that:

The past year has demonstrated that the proposal and Cyclopark are able to work and operate successfully on the site, as the Cyclopark site is currently under used throughout the week, with peak hours at weekends. The proposal therefore makes use of existing infrastructure facilities, without adversely impacting upon the Cyclopark activities. The approach behind the one year temporary permission was to demonstrate that the commuter parking is able to operate successfully and that there would be no conflict with other users or with transport and highways on the existing road network. The past year has demonstrated that the commuter car parking is able to operate successfully and there have been no reported incidents or complaints, from users or neighbours, relating to the use of the site for commuter parking.

3.12 The applicant has subsequently indicated that the existing park and ride facility at Bean will continue to operate at existing levels (approximately 40 daily users), along with the proposed permanent facility at Cyclopark. The applicant states that with the safe and successful use of Cyclopark over the past year, the Bean facility has been monitored and it has been concluded that both facilities will be available to commuters. 4. Development Plan Policy

4.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. Where there are other material considerations, the development plan should be the starting point, and other material considerations should be taken into account in reaching a decision. One such consideration will be whether the plan policies are relevant and up to date.

4.2 The Regional Strategy for the South East (the South East Plan) was partially revoked on 25 March 2013. Since then development plans across the former South East government office region have comprised local plans, and where they exist, neighbourhood plans.

4.3 The Borough Council has been in the process of preparing a new Local Plan (Core Strategy) to replace the adopted Local Plan First Review 1994 since 2005.

4.4 Following a number of public consultations, the Council submitted the Local Plan Core Strategy to the Secretary of State in May 2013. This was then examined by an independent Inspector and the Inspector’s Report was received in July 2014. The Inspector found that the Core Strategy is sound and provides an appropriate basis for the planning of the Borough to 2028, providing a number of main modifications are made.

4.5 At the GBC Full Council meeting on 30 September 2014 the Council adopted the Gravesham Local Plan Core Strategy and Policies Map with immediate effect. The adopted Core Strategy incorporates all the modifications recommended by the Inspector in his Report and set out in the accompanying Schedule of Modifications and it also includes additional minor modifications. The policies in the adopted Core Strategy replace many of the Local Plan First Review saved policies and the First Review Proposals Map.

4.6 The Council also agreed that the Gravesham Local Plan Second Review (Deposit Version) (2000) should no longer be used as a material consideration for development control/management purposes.

4.7 The Development Plan for Gravesham therefore now comprises:-

 The Gravesham Local Plan Core Strategy (September 2014)  Remaining Saved Policies of the Local Plan First Review (1994)  Saved Policies from the Kent Minerals and Waste Local Plans.

4.8 There are a number of other planning policy documents which are of some relevance to the consideration of planning applications and are material considerations, including national planning advice and guidance in the National Planning Policy Framework (NPPF), the National Planning Practice Guidance (NPPG), and supplementary planning guidance.

4.9 There are currently no adopted neighbourhood plans. Local Planning Guidance

Gravesham Local Plan Core Strategy, September 2014

4.10 The Core Strategy sets out the Council's spatial vision and strategic objectives for the Borough to 2028 and the policies which will deliver them. It identifies the main areas where major change is likely to take place and allocates sites which are key to achieving the strategy.

4.11 The application site is shown as being within the urban area, but with part of the Cyclopark site being within the Green Belt in the Gravesham Local Plan Policies Map.

4.12 The most relevant policies from the adopted Core Strategy in relation to this development are as follows:

Core Strategy Policy CS01: Sustainable Development Core Strategy Policy CS02: Scale and Distribution of Development Core Strategy Policy CS10: Physical and Social Infrastructure Core Strategy Policy CS11: Transport Core Strategy Policy CS12: Green Infrastructure Core Strategy Policy CS13: Green Space, Sport and Recreation Core Strategy Policy CS19: Development and Design Principles

4.13 A Site Allocations and Development Management Policies Development Plan Document will be prepared following the adoption of the Core Strategy.

4.14 Paragraph 2.6.1 of the Core Strategy indicates that:

…there are high levels of out commuting to work, particularly to Dartford and Central London. In terms of transport modes, over half of working residents travel to work by car;

while paragraph 2.6.4 states that:

Support is given to alternatives to car based transport such as improved bus, train, cycling, walking and river transport provision and improved transport hubs in Gravesend town centre and at Ebbsfleet.

Gravesham Local Plan First Review 1994

4.15 The Gravesham Local Plan First Review was originally adopted in November 1994.

4.16 A substantial number of policies of the Gravesham Local Plan First Review were saved by a Direction dated 25 September 2007 of the Secretary of State under paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 as transitional arrangements pending adoption of the Core Strategy.

4.17 Saved policies contained in the Gravesham Local Plan First Review should still be accorded significant weight, albeit that the weight accorded should be greater where policies are consistent with the National Planning Policy Framework (NPPF, paragraph 215). 4.18 Those Local Plan First Review policies that remain in force are listed in Appendix 1 of the Local Plan Core Strategy. The remaining saved policies will be replaced following the adoption of the Site Allocations and Development Management Policies Development Plan Document.

4.19 The following remaining saved policies are relevant to the consideration of this application:

Policy T1: Impact of Development on the Highway Network Policy T2: Channelling of traffic on to the Primary and District Distributor Network Policy T3: Development not well related to the Primary and District Distributor Network Policy T4: Development outside the Built-Up Area Policy T5: New Accesses onto Highway Network Policy P3: Policy for Vehicle Parking Standards

National Planning Policy Guidance

The National Planning Policy Framework (NPPF)

4.20 The National Planning Policy Framework (NPPF), March 2012, has replaced all the national planning policy guidance (PPG’s) and statements (PPS’s) and is a material consideration.

4.21 At the heart of the NPPF is a presumption in favour of sustainable development (paragraph 14) which for decision taking means (unless material consideration indicate otherwise) approving development proposals that accord with the development plan without delay and where the development plan is absent, silent or relevant policies are out of date planning permission should be granted unless any adverse impacts would so significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole; or specific policies in the NPPF indicate development should be restricted.

4.22 The NPPF includes (in paragraph 17) a set of 12 core land-use planning principles underpinning plan making and decision taking. The core principles of particular relevance to this development include:

 include supporting sustainable economic development to meet the housing, business and other development needs of an area;  securing high quality design and a good standard of amenity for existing and future occupants of land and buildings;  taking account of the different roles and character of different areas, promoting the vitality of our main urban areas and protecting the Green Belts;  supporting the transition to a low carbon future; and  actively managing patterns of growth to make the fullest use of public transport, walking and cycling and focusing significant development in sustainable locations.

4.23 Paragraph 29 of the NPPF (Promoting Sustainable Transport) indicates that: The transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel.

4.24 Paragraph 30 of the NPPF also indicates that:

Encouragement should be given to solutions which support reductions in greenhouse gas emissions and reduce congestion. In preparing Local Plans, local planning authorities should therefore support a pattern of development which, where reasonable to do so, facilitates the use of sustainable modes of transport.

4.25 Paragraphs 203-206 of the NPPF contain advice on planning conditions and obligations.

The National Planning Practice Guidance (NPPG)

4.26 On the 6th of March 2014 a new web-based resource for Planning Practice Guidance was launched (http://planningguidance.planningportal.gov.uk/). It supports and clarifies areas in the NPPF and replaces a substantial list of guidance documents published from 1978-2013.

4.27 It contains guidance on assessing housing need; design; public consultation; open space provision in new development; travel plans, transport assessments and statements in decision-taking; health and wellbeing; water supply, wastewater and water quality; light pollution; determining a planning application; the use of planning conditions and viability, amongst other things.

Supplementary Planning Guidance and other Documents

4.28 The Council has adopted a number of Supplementary Planning Guidance documents, Development Briefs and Conservation Area Appraisals. These elaborate on saved policies in the Gravesham Local Plan First Review and policies in the Gravesham Local Plan Core Strategy and are material considerations in determining planning applications.

4.29 In addition the Council has adopted a number of documents that have been produced by Kent County Council also as Supplementary Guidance.

4.30 The following documents are relevant to the consideration of this application:

 Kent Design Guide (SPG 5 published December 2005, adopted July 2006)  Adopted Kent Vehicle Parking Standards (SPG 4 published in 2003 and adopted in 2006)  Gravesham Landscape Character Assessment, May 2009

4.31 The application site lies within the Gravesend Southern Fringe landscape character area which consists of small arable fields and has a gently undulating topography rising from north to south. 5. Reason for Report

5.1 At the request of Councillor David Turner.

6. Consultations and Publicity

Consultations

Regulatory Services - Environmental Protection Comments

6.1 No noise complaints received concerning the commuter car parking use of this area over the past year. Notes and concurs with the statement made in the updated Peter Brett Associates Technical Report (ref: 30193 TN-AC001) reviewing the original noise report that:

‘The previous assessment can therefore be considered to be robust and the conclusion, i.e. no significant increase in road traffic noise levels, should still be valid for the reduced number of spaces.’

6.2 This Service therefore has no further comments in relation to making the temporary permission permanent.

Regulatory Services - Air Quality Comments

6.3 No objection to the permission being given permanently.

Planning Policy Manager, GBC

6.4 The site is located on the edge of the Gravesend urban area, not in the Green Belt, on what was the A2 before the trunk road was realigned further south.

6.5 The development of the site needs to be assessed in the context of the current development plan. Policy CS11 is the main policy of relevance which provides general support for the development.

6.6 The Transport Supporting note provides information on the actual operation of the facility. It shows that the number of spaces used is currently peaking at 21 spaces. The number of passengers has grown towards 60 per day. Neither of these figures, or other information, appears to raise any significant issues. Progression beyond 50 spaces would need to be reviewed in the light of the circumstances pertaining at the time it is reached.

6.7 It is noted that the informal site at Bean has continued to operate.

6.8 No objection is raised in overall policy terms to the use being made permanent.

Kent County Council Strategic Planning

6.9 No comments Economic Development, GBC

6.10 No comments

Leisure Manager, Communities, GBC

6.11 This department is comfortable with the proposal and has been aware of previous discussions both recently, as well as at the inception of the Cyclopark development itself.

6.12 Ways to diversify income on site to support the overall provision of leisure activities is important for sustainability in the long term for the site as a whole, especially during weekdays when the site is generally less busy.

6.13 It is assumed that the reservation of spaces for the commuter scheme will not to be to the detriment of potential large scale events, for example during the school holidays, and that these eventualities/possibilities have been considered by the Cyclopark Management.

Kent Highways and Transportation

6.14 Welcomes the fact that the Park & Ride (P&R) is a success and has no significant concerns about it being made permanent. The system helps reduce vehicular numbers elsewhere on the Kent (local) and strategic road network, P&R forming a key component as part of a wider sustainable transport strategy.

6.15 The number of car parking places reserved for P&R should be sufficient in terms of meeting existing usage plus the usage from other P&R sites (for example – Bean), if required in the future. A quick survey of the Bean P&R suggested around 40 vehicles parked there. The P&R at Bean is (it is understood) on private land and (in principle) the arrangement could be terminated by the landowner at a future point in time. If that happened, the P&R at Tollgate would receive some of the displaced parking.

6.16 Improvements to Bean Junction, whilst not yet consulted within the public domain, may also have an impact on the Bean P&R, although it’s too early to say with any degree of certainty.

Highways

6.17 No objection.

KCC Public Footpaths Officer

6.18 Although the path running down to the bus stop currently is not a Public Right of Way it is, subject to acceptance, due to become an extension of the path NG20. As such we would more than welcome the public to use it. The rest of the development does not affect any Rights of Way so as such supports the application.

Crime Prevention Design Advisor, Kent Police

6.19 No objections provided that the footpath to the bus shelter (marked in blue on the Figure 3 plan) continues to be maintained as detailed in section 5.5 of The Proposal document (page 7), which states:

“The footpath improvements that have been undertaken as part of the conditions related to the temporary permission will be maintained. This will allow continued, safe use of the footpath throughout all seasons.”

GBC Community Safety

6.20 No comments

GBC Parking Services

6.21 No comments

Dartford Borough Council

6.22 No objection

UK Power Networks

6.23 No comments

Publicity

6.24 The proposal has been advertised on site and in a local newspaper as development affecting a public right of way and under Article 15 of the Town and Country Planning (Development Management Procedure) Order 2015.

6.25 In addition publicity was given to the owners/occupiers of 31 dwellings/premises in the vicinity of the site.

6.26 No neighbour/local resident comments have been received.

7. Service Manager (Development Management) analysis and comments

Introduction

7.1 The Kings Ferry, part of the National Express group, operates one of the UK’s largest dedicated coach commuter operations and carries over 1300 passengers a day into Canary Wharf, the City of London and through to Victoria. Their pickup catchment area extends from Swale and the through to Bexley and the A2 corridor direct into Greenwich, Blackwell Tunnel and Canary Wharf as well as central London.

7.2 There are currently five other park and ride facilities along the Kings Ferry routes in addition to the Cyclopark car park at the Tollgate. These are at Wigmore, Gillingham (130 spaces); Bluebell Hill, Rochester (260 spaces); Bean, near Bluewater shopping centre, (50-60 spaces); Hempstead Valley Shopping Centre; and the Services (on the M2). The facilities at Bean, Wigmore, Hempstead and Medway Services offer free parking for commuters while at Bluebell Hill there is a pay and display charge of £7 per week managed by Tonbridge and Malling Council. The charge for commuter parking at the Cyclopark is £2 per day or £8 per week.

7.3 The park and ride site at Bean, Dartford which has been in existence for over 20 years does not have a specific planning permission, is roughly surfaced and does not have any lighting or CCTV facilities on site and apparently suffers from vandalism and thefts.

7.4 There are now currently 22 coach services calling at Tollgate each morning on six different routes (routes 721, 751, 750, 716, 717 and 715) which commence at Rainham, , Sheppey, Chatham and Hempstead respectively with multi stops along their respective routes. An additional route from Sonora Fields (Sittingbourne) through to Wigmore, Bluebell Hill and Tollgate has been trialled and a new City Express route (from Sittingbourne) will commence in February 2016 also calling at Tollgate (route 727). When the original application for the use of the Cyclopark car park was submitted there were only 12 services stopping at the Tollgate.

7.5 The Tollgate coach pick up commences in the morning at the earliest at 06.05 through to 07.53 on Mondays to Fridays and drops off in the evening between 17.10 and 19.56 with a late night Friday service drop off at 23.17.

7.6 These services do not call at the Bean, Dartford Park and Ride, which is served by separate routes from Chatham and Gillingham (via, in some cases, the Wigmore and Bluebell Hill Park and Ride facilities). There are now three routes and 11 services that stop at Bean calling there from 05.45 through to 08.00. This is a reduction from the 24 services that were apparently calling there in 2014.

7.7 The Tollgate bus stop also serves as a regular bus stop for the Arriva bus service 306/308 from Sevenoaks to Gravesend and Bluewater and as an occasional coach pick up point.

7.8 There are two other known coach commuter services operating in the Gravesend area in addition to the Kings Ferry coaches. These are the Redwing (formerly Reliance travel) coach commuter service from Gravesend and Higham to London that operates 10 services from 05.30 to 07.25 but these coaches do not pick up passengers at the Tollgate. There is also Clarkes of London, which has a timetable for three services running from Vigo Village through Meopham, and does a pick at the Tollgate bus stop at 06.09, 06.54 and 07.39 before running through to various drop-off points in London terminating at Victoria. However there are no other National Express commuter coaches utilising the Tollgate stop. The Planning Issues

7.9 The key planning matters to consider in the assessment of this application are the principle of the development and conformity with the adopted development plan, the highway impact of the development, air quality impacts, noise and vibration impacts and sustainability issues.

7.10 A number of these matters have already been considered and evaluated by others in the various consultation responses elsewhere in this report.

7.11 It should also be noted that the previous grant of temporary planning permission has enabled over the past year an assessment of the impact of the development in parking, highway and amenity terms.

The Principle of the Development

7.12 The planning permission for the Cyclopark which was granted by Kent County Council in 2010 established the principle of a major leisure facility of regional significance for outdoor sport and recreation complementing the linear park that had been created on the line of the old A2 trunk road and on what was partly on Green Belt land.

7.13 The permission included the provision of a large supporting surfaced car park for Cyclopark users and therefore the consideration of the application is not about additional or new surface car parking at the site but evaluating the use of the existing car parking provision during part of the day for a different user unrelated to the Cyclopark in policy terms (in addition to the amenity and traffic impacts).

7.14 The provision of park and ride facilities (though normally for general public use) within leisure centre car parks or other car parks related to community uses is a common feature in many towns and cities and has been supported by planning authorities and has proved popular over the last 10 to 15 years, although park and ride as a concept goes back as early as the 1960’s in the UK.

7.15 It has the benefit of reducing congestion by removing the number of trips and cars from the road network and thereby reducing congestion and resulting in modal shift by increasing usage of public transport or on to high volume transport and also reducing journey time and costs as well as aiding environmental benefits.

7.16 In terms of specifically for commuter car parking for transfer to coaches it can reduce the potential for on street parking problems of customers parking in residential streets. In the case of the Tollgate stop there has been some problems of on street parking nearby and although there are parking restrictions in force there are still some opportunities for commuters catching commuter coaches to park unrestricted. However from observations since the grant of temporary planning permission this does not appear to have increased or resulted in any detriment to local residents. Indeed as a result of the publicity given to the application to make permanent the use of part of the car park for commuter parking no representations have been received from local residents. 7.17 The Cyclopark car park is well located for the current Kings Ferry coach service being already within about a 4 to 5 minute walk to the pick-up point and is conveniently located close to the A2 route between the Medway towns and London.

7.18 As was concluded in the assessment of the previous application when temporary permission was given, it is not considered that there are any planning policy reasons in the adopted development plan or the national planning advice (NPPF and NPPG) to object to the permanent use of part of the car park for commuter parking.

7.19 It should be noted that it is not proposed to increase the number of spaces to be made available from the 50 permitted or revert to what was proposed in the original application for up to 100 spaces. The Board will recall that, in line with officer’s advice, they considered this larger amount rather over ambitious having regard to the number of customers that currently use the Kings Ferry coaches daily which were stated at the time to be between 10 and 15 passengers and which from officer observations were even less than that and with some passengers either being dropped off or walking to the coach pick up point.

7.20 The Board will also note that the existing and currently free park and ride facility at Bean, Dartford has not closed as was suggested when the previous application was submitted and with customers diverting to the Tollgate and it appears it is intended that this facility will remain open at least for the time being. In some ways this is surprising as the applicants had previously indicated, in the planning statements accompanying the last planning application, that the Tollgate facility was to cater for the closure of the Bean car park, that Bean was a poor facility (unsurfaced and lacking surveillance), and that Bean involved a deviation for coaches from the A2 which adds time to the journey and there is particularly a problem of congestion when Bluewater shopping centre is busy for what they regard as relatively few passengers. However the number of services stopping at Bean has reduced and the number of users of the park and ride has also reduced since 2014 from about 50-60 users to approx. 15-20 users, from officer observations.

Highway and Parking Impacts

7.21 An important consideration as to whether a permanent permission for the use of the car park for commuter parking can be supported is the assessment of the highway impacts of the development both in terms of the potential car parking impact though the loss of available spaces for customers solely using the Cyclopark and the additional number of traffic movements generated by the development either in terms of numbers of vehicles that would need to access the site in the mornings (6am to 8am) or depart from the site when the commuter coaches return (the window being approx. 17.15 to 19.30 (there is also a late night return on Friday evenings only), and the additional number of coaches (10/11 additional services) now picking up and dropping off on the Wrotham Road that would be on the highway network potentially adding to congestion.

7.22 It is not intended that the Kings Ferry coaches would pick up or drop off passengers within the Cyclopark car park although it should be noted that there are coaches that do enter and leave the park during the day in connection with Cyclopark events and there are coach parking spaces allocated within the car park.

7.23 Kings Ferry accepted a condition to prevent their coaches from doing so in respect of the temporary permission as they had indicated that it would not be in their interests as it would introduce too great a delay in the service. The applicants will accept such a condition on a permanent grant of planning permission and coaches would continue to park by the bus stop in Wrotham Road for picking up and dropping off, and then turn around on the Coldharbour Road roundabout to go back onto the A2 either London bound or coast bound slips.

7.24 The Transport Supporting Note that accompanied the original application for the park and ride facility has been reviewed by the applicants to take account of the use of the site by commuters over the past year. It should be noted that the original transport assessment was based on the availability of 100 spaces for commuters (and arguably a worst case scenario) rather than the 50 space facility that was subsequently permitted.

7.25 The Transport Supporting Note indicates that during the 12 months of the temporary planning permission the average of passenger demand has been approx. 54 passengers per day (maximum 62) and for the monitored period of June to October car parking demand for the park and ride passengers extracted from the Cyclopark ANPR system has been some 16 to 21 cars, thus about a third of the passenger demand profiles (thus it can be deduced that a significant number of passengers using the commuter coach service are either dropped off by car at the pick-up point, or walk to the site or there may be some car sharing). Officer observations in December 2015 showed parking demand varying between 12 and 18 cars using the park and ride facility.

7.26 In addition the Transport Supporting Note indicates that the Cyclopark parking demand (i.e. those cars visiting the site to use the cycle and leisure facilities) for the months of June to October 2015 (again extracted from the Cyclopark ANPR system) was an average daily demand of less than 100 cars other than in August when the average daily demand was approx.130 cars.

7.27 This does indicate that the current commuter car parking demand or even if the full allocation of 50 spaces were to be utilised this could be accommodated within the existing Cyclopark car park for Monday to Friday without impacting on the availability of parking for visitors to the Cyclopark for the most part within the main car park and without the necessity for use of the overspill parking area.

7.28 Demand for car parking for major events is at weekends and evening events (which in the main occur in summer or at weekends) and there are no plans for weekday events.

7.29 In the previous assessment of the parking impacts of the development it was indicated that the Cyclopark Trust would not want to risk the potential of there not being sufficient car parking for its own customers and at that time the Cyclopark Trust had not considered that the use of up to 100 spaces during weekdays would impede their daily or event operations with their highest demand at weekends and the proposal would make use of underutilised facility weekdays also creating a revenue stream for the centre. 7.30 To conclude, in parking terms and from the monitoring undertaken during the temporary grant of planning permission, it is evident that the Cyclopark and park and ride facilities are able to operate concurrently on the same site and without conflict.

7.31 In terms of traffic generation the applicants original transport supporting note indicated the majority of traffic using the site was already on the highway network and would come from the east and west via the A2 and vehicles that access the Cyclopark car park would access and exit in the main out of the defined peaks. The traffic data review estimated that the proposal would have minimal impact on the traditional morning peak hours (0800 to 0900) and similar that the proposal would not have a material impact on the network during the traditional evening peak (1700 to 1800).

7.32 The assessment of Kent Highways and Transportation at that time was that the number of vehicle movements generated would not be sufficient to raise an objection on highway capacity grounds and the daily fluctuation would be less than 5% over existing movements.

7.33 In response to the current application for a permanent permission Kent Highways and Transportation raise no objection. It should also be noted that Highways England, the highway authority responsible for the operation of the A2 trunk road, does not raise an objection on traffic grounds.

7.34 Kent Highways and Transportation had previously recommended that a planning condition should be imposed requiring the approval of a management plan to ensure ongoing management and control of the proposed parking spaces within the Cyclopark car park. The management plan was subsequently submitted and approved in connection with the temporary grant of planning permission and will remain in situ if a permanent permission is granted.

Air Quality Impacts and Noise and Vibration Impacts

7.35 Separate reports accompanied the original application to assess the impact of the proposal both in air quality terms and in respect of noise and vibration impacts.

7.36 Those assessments were again based on a worst case scenario of 100 spaces being available for park and ride for commuters. Updated assessments have been provided in connection with the current application and conclude that the development would have no significant increase in road traffic noise levels and no significant effect on local air quality.

7.37 These conclusions have been accepted by the Councils environmental health officers. It is recommended by officers that the restriction is continued to ensure that no commuter coaches enter the car park to either pick up or drop off passengers.

7.38 It should be noted that there are no neighbour objections on amenity grounds to a permanent permission. Sustainability Issues

7.39 In sustainability terms the enhancement of existing commuter coach facilities by the provision of a pre-existing infrastructure facility is considered a sustainable proposal and offers a sustainable transport choice and can be supported as being in accordance with policy CS11: Transport of the Gravesham Local Plan Core Strategy. This indicates, amongst other things, that the Council will support proposals which improve public transport provision and facilities in the Borough.

7.40 It had been observed at the time of the original planning application for the commuter parking that a number of passengers catching the Kings Ferry coaches at this location were already being dropped off by car so that traffic is already generated by the pick-up and drop off point.

7.41 The provision of commuter car park spaces in the existing Cyclopark parking facility effectively adds an element of control to this and will continue to assist in reducing on road parking, slowing/stopping of traffic movement or congestion on the A227 between the A2 and the Coldharbour Road roundabout.

7.42 The temporary grant of planning permission was subject to a planning condition that required the applicants to undertake improvements to the footpath that connects the car park to the pick-up point in Wrotham Road. Those improvements were undertaken prior to the temporary use commencing but the applicants were required by a further condition to display suitable signage at either end of the footpath indicating to customers and footpath users of the desirability of using the alternative footpath route to the west and north of the Toby Carvery during the hours of darkness.

7.43 The applicants have indicated that they will continue to monitor the foliage and vegetation along the more direct footpath and undertake maintenance trimming when necessary to ensure access and avoid the footpath becoming overgrown and suitable for use throughout the year. It is noted that the Kent County Council Footpath consultation response highlights that the footpath will become a public right of way and they support the application. Similarly there is no objection from the Crime Prevention Design Advisor, Kent Police subject to continued maintenance of the footpath.

8. Conclusions

8.1 It is concluded that from the various technical reports submitted with the planning application, an assessment of those reports and from officer monitoring of the operation of the park and ride scheme since the implementation of the grant of temporary planning permission and having regard to the various consultation responses and absence of any public opposition that there are no overriding reasons to reject the proposal for a permanent permission on planning policy, highway, air quality or noise grounds.

8.2 Although it could be argued that in transport terms it would better if coaches go through the urban area and pick up ‘locally’ rather than getting commuters to drive to the Tollgate, this particular service is already in existence, it uses the current pick up point at Tollgate, and comes from the Medway towns rather than commencing more locally and there are no highway objections either from Kent Highways and Transportation or from Highways England.

8.3 Importantly as a result of the temporary grant of planning permission this has enabled the impact of the commuter parking on the operation and use of the Cyclopark car park for customers visiting the sporting/cycling facilities and events. The results of this monitoring has demonstrated that there has not to date been any conflict with other potential users and that there exists within the terms of the permission capacity to cater for commuters diverting from other park and ride facilities or to cater from increased growth in the future and potentially some commuters also diverting from other coach commuting operators in the area.

8.4 The proposal is supported by both National and Local Policy as it offers a significant improvement in the choice and use of sustainable transport, offering commuters the opportunity to make short trips to a centralised location and consequently benefit the environment.

8.5 It is nevertheless considered important that levels of control are placed on the future use of the Cyclopark car park for park and ride facilities in order to maintain and protect a balance between providing a sustainable facility for customers using the existing commuter service whilst ensuring that patrons of the Cyclopark are not disadvantaged.

8.6 It is therefore concluded that permanent planning permission can be granted subject to safeguarding planning conditions. RECOMMENDATION

PERMISSION

CONDITIONS AND REASONS

1. The development hereby permitted shall be carried out in complete accordance with the following approved plans and particulars:

Drawing No: Figure 1: Monitoring Locations; Drawing No: Figure 2: Red Line Location Plan; and Drawing No: Figure 3 rev A: Site Plan.

Planning Statement - October 2015. Noise and Vibration Assessment - February 2014 (submitted as part of the previous temporary application). Technical Note (30193 TN-AC001) Updated Noise and Vibration Assessment - November 2015: Review of February 2014 Assessment. Air Quality Statement - February 2014 (submitted as part of the previous temporary application). Technical Note (30193/5503 - AQ001) Air Quality Assessment Update - October 2015: Review of February 2014 Assessment. Transport Note (30193/001/TSN) - October 2015. Cyclopark Management Plan (30193/001/PMP Rev: BB) - July 2014.

and pursuant to any conditions contained herein after and there shall be no deviation therefrom, save with the prior written permission of the Local Planning Authority having first been obtained.

Reason: In order to ensure that the details of the development are satisfactory and in the interests of proper planning.

2. The permission hereby granted is for not more than 50 spaces within the existing Cyclopark car park to be used for commuter car parking in connection with the operation of the National Express (Kings Ferry) commuter coach service; for the avoidance of doubt outside of the operational window for parking by commuters in the morning from 6.00am to 8.00am if the residual Cyclopark spaces become full during the day the park and ride spaces remain open for use by non-commuters.

Reason: In order to ensure that a limit is placed on the amount of car parking to be used for commuter car parking in order to avoid conflict with other users of the sports facility in this location and in order to avoid the unrestricted use of the car parking for general park and ride facilities unconnected with the National Express (Kings Ferry) commuter coach service.

3. No commuter coaches shall at any time enter the Cyclopark car park for the purpose of picking up or setting down of passengers for the National Express (Kings Ferry) commuter coach service; for the avoidance of doubt this condition does not apply to the entry of coaches in connection with the sporting/cycling activities and events held at the Cyclopark. Reason: In order to safeguard local residential amenity from potential impacts from noise, vibration and air quality particularly during early morning hours.

4. The use hereby permitted for commuter car parking in connection with the operation of the National Express (Kings Ferry) commuter coach service shall only be available on Mondays to Fridays only.

Reason: In order to avoid any potential conflict with other users of the sports facility in this location and in particular to avoid use by commuters at weekends when major events in connection with the Cyclopark cycling and sporting activities are held.

5. The operation of the commuter car parking facility hereby permitted shall adhere to the terms of the management plan (30193/001/PMP Rev: BB) - July 2014, accompanying application reference 20140713 as approved on 16 September 2014, which sets out the principles of the site operation and which includes details for controlling the parking spaces for commuters including how the spaces are delineated from the main car parking and the times of use.

Reason: In order to satisfy the reasonable requirements of road safety and to avoid parking conflicts with the operation of the Cyclopark for sporting/cycling activities.

6. The applicants shall ensure that the existing direct footpath connection between the commuter car parking facility within the Cyclopark car park and the commuter pick up point and bus stop on the A227 Wrotham Road is maintained and kept clear of vegetation or becomes overgrown all in accordance with the maintenance regime for ongoing maintenance as set out in the footpath improvement and maintenance plan accompanying application reference 20140714 as approved on 16 September 2014.

Reason: In order to maintain a convenient and commodious pedestrian link from the area set aside for the parking of cars by commuters using the National Express (Kings Ferry) commuter coach service and the existing commuter pick up point and bus stop on the A227 Wrotham Road so as to be suitable for use throughout the year.

INFORMATIVES

1. AMENDMENTS

Deviation from or amendment to the approved plans could require a further application and permission/consent. In the event that any change is proposed, applicants and builders are advised to seek advice from the Local Planning Authority. Proceeding without the necessary permissions or consents could result in enforcement action. 2. HOURS OF USE

The applicants are advised that the permission hereby granted does not override the terms of the restrictions on the hours of operation of the Cyclopark which in accordance with condition 28 of the planning permission granted by the Kent County Council under reference GR/09/440 on 15 September 2009 restricts the use of the development (as an outdoor activity park) to between the hours of 07.00 and 22.00 with regard to the Core Activity Park, and to between the hours of 07.00 and 23.00 with regard to the pavilion building and associated car parking.

3. STATEMENT OF POSITIVE AND PROACTIVE APPROACH TO DECISION TAKING

In accordance with Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, and paragraphs 186 and 187 of the National Planning Policy Framework, the Local Planning Authority has approached the assessment and determination of this application in a positive and proactive manner and, where appropriate, has worked with the applicant to secure a development that is sustainable and that improves the economic, social and environmental conditions of the area, and that is in accordance with the Development Plan for the area.

The original proposals were the subject of various pre-application meetings and correspondence between the applicants and the planning and highway authorities from February to August 2013. Discussions took place with and advice was offered to the applicants following the submission of planning application reference 20131036 for the provision of a commuter park and ride facility in November/December 2013 and which was then subsequently withdrawn in order that a further application could be submitted providing additional and more detailed supporting information on highway, noise and air quality impacts.

In addition various supplementary information and explanation has been sought from the applicant's agents in connection with both the original planning application reference 20140199 (for which temporary planning permission was granted) and the current planning application.

The application was considered by the Council’s Regulatory Board (Planning Committee) where the applicant/agent had the opportunity to speak to the committee and promote the application.

4. HUMAN RIGHTS IMPLICATIONS

This application has to be considered in relation to the provisions of the Human Rights Act, in particular Article 8 (privacy/family life) and Article 1 of the First Protocol (protection of property). Having regard to the principles of proportionality, it has been concluded that there are no issues arising from the proposal, which appear to override the responsibility of the Borough Council to regulate land use for the benefit of the community as a whole, in accordance with national law.