EASTERN AREA PLANNING COMMITTEE MONDAY 21 NOVEMBER 2011
REPORT OF THE HEAD OF PLANNING SERVICES APPLICATION FOR CONSIDERATION
APPLICANT REFERENCE LOCATION PROPOSAL CONTACT ADDRESS DATE VALID GRID REFERENCE DATE OF APPLICATION
FORESTRY COMMISSION TW/11/02326 Bedgebury Pinetum Reconfiguration of layout Park Lane Bedgebury Road to increase parking Goudhurst GOUDHURST capacity from 250 spaces Kent GO to 431, and introduction of TN17 2SL substantial elements of soft landscaping; Installation of new pay on exit system comprising entry and exit barriers and a paypoint; Installation of new signage within car park.
05/09/11 572286/133739 29/07/11
MAJOR APPLICATION
1.0 DESCRIPTION OF SITE
1.01 The main entrance to the Bedgebury National Pinetum and Forest is located to the east of Lady Oak Lane in Goudhurst, outside the Limits to Built Development and within the designated Area of Outstanding Natural Beauty (AONB). The site is owned and managed by the Forestry Commission. The Pinetum is registered as Grade II on the English Heritage register of Historic Parks and Gardens. It also lies within a Local Wildlife Site and is close to the Combwell Wood Site of Special Scientific Interest (SSSI). It was designated a national Arboretum in 2002 and is recognised as the most complete collection of conifers on one site anywhere in the world. The facility offers public access to the 2,500 acre Forest with walks, play areas and cycle trials. Approximately 250,000 people visit Bedgebury every year.
2.0 PROPOSAL
2.01 The proposal relates to a 2009 application to reconfigure the entrance and improve the visitor car park and site circulation for cars, bicycles and pedestrians with associated landscaping. This was approved by Members at the Eastern Area Planning Committee on the 29 June 2009 under reference TW/09/01075 and a copy of the committee report is appended for reference (Appendix A).
2.02 The amended scheme now proposed is a result of a comprehensive review of spending by the Forestry Commission. Work on the approved scheme commenced in the summer of 2010 but as it has not been completed the parking levels are not at full capacity. If approved, the intention is to implement this alternative scheme in early 2012. Unlike the approved design it can be undertaken in two phases; allowing Bedgebury to remain open to the public during the construction period.
2.03 In terms of the car park layout, the main differences between the approved scheme and this proposed scheme can be summarised as follows:-
Approved Proposed
Car capacity 400 cars (24 disabled) 431 cars (27 disabled) Car space sizes 2.5m width 3m width Coaches Three spaces None (during peak times the policy is to park coaches in the Walled Garden, during off-peak time coaches would be parked in allocated areas of free car parking). Design Compartmentalised into small Simple and open rows with and heavily screening areas more soft landscaping of parking Detailing Inclusion of intricate detailing None with timber inserts between the spaces and a Dexapave type finish to the pedestrian areas.
2.04 The application proposal also involves the installation of a „pay on exit‟ system with entry and exit car park barriers. Incoming cars would collect the ticket issued at the entry barrier. Before leaving the site, visitors will present the ticket at the pay point. Two pay machines would be provided at a central pay point but the design has the capacity for a third pay machine if required in the future. The validated ticket would be inserted into the exit barrier. Additional planting to screen the barrier system car park access and security camera on a 4m high pole is proposed. The plans also show the erection of five new signs to advertise the facilities and events at Bedgebury; these would match those existing close to the entrance. Smaller, replacement signage package to direct cars and visitors around the car park and the new barrier system are also proposed (no details have been provided but this can be dealt with by condition). Some of these elements are outside the red application line but are within the area outlined in blue.
3.0 RELEVANT HISTORY
3.01 See appended committee report (Appendix A).
3.02 The following applications have been determined since TW/09/01075 was approved:
3.03 TW/09/03986 – Adaption of existing open store to accommodate a wood fuel system to serve Park House and The Forestry Commission. Approved.
3.04 TW/10/00423 – Condition (4) of TW/09/01075 – Mitigation strategy for reptiles. Approved.
3.05 TW/10/00424 - Condition (5) of TW/09/01075 – Details of measures to enhance the biodiversity. Approved.
3.06 TW/10/00425 - Condition (6) of TW/09/01075 – Ecological Management Plan. Approved.
3.07 TW/10/01133 – Non-material amendment in relation to TW/09/01075 – Amend details of design for main entrance. Refused.
4.0 POLICIES
4.01 National Policies
• Planning Policy Statement 1: Delivering Sustainable Development. • Planning Policy Statement 4: Planning for Sustainable Economic Growth. • Planning Policy Statement 7: Sustainable Development in Rural Areas. • Planning Policy Statement 9: Biodiversity and Geological Conservation. • Planning Policy Guidance 13: Transport. - Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation. - Draft National Planning Policy Framework.
4.02 South East Plan 2009
- As listed on appended report (Appendix A).
4.03 Tunbridge Wells Borough Core Strategy 2010
- Core Policy 1: Delivery of Development. - Core Policy 3: Transport Infrastructure. - Core Policy 4: Environment. - Core Policy 5: Sustainable Design and Construction. - Core Policy 8: Retail, Leisure and Community Facilities Provision. - Core Policy 14: Development in the Villages and Rural Areas.
4.04 Tunbridge Wells Borough Local Plan 2006
- As listed on appended report (Appendix A).
5.0 CONSULTATIONS
Goudhurst Parish Council
5.01 17/09/11 – Recommend approval. The PC welcomes this application. A pay on exit system has long been needed as it will limit the backing up of visiting traffic on Lady Oak Lane. Increasing the capacity of the existing car park will reduce the frequency of use of the overflow facility to the considerable benefit of nearby neighbours.
English Heritage
5.02 22/09/11 – Not necessary for this application to be notified to English Heritage.
Natural England
5.03 20/09/11 – No objection. Possible impacts on protected species and the Local Wildlife Site should be assessed. There may be opportunities for biodiversity enhancements.
Kent Wildlife Trust
5.04 27/09/11 – No objection in principle. It is necessary to repeat the precautionary reptile mitigation measures that were undertaken in 2010 because it is unrealistic to expect the reptile „exclusion‟ fencing to have remained effective over such a long period of time. Disappointment is expressed about the choice of non-native species for the site entrance.
Southern Water
5.05 04/09/11 – No objections. The Council‟s Building Control officers/technical staff or the Environment Agency should be asked to comment on the adequacy of soakaways to dispose of surface water.
Access Officer
5.06 09/09/11 – No objection.
Tree Officer
5.07 08/09/11 – No objection – No additional tree implications than in the previous application.
Landscape and Biodiversity Officer
5.08 08/09/11 – The information is clear and well presented and the proposal does resolve the current difficulties the site is facing with both parking and finance in a manner sensitive to landscape and biodiversity issues. Support the approval of the scheme with a standard condition for a detailed landscaping scheme.
Environment Agency
5.09 10/10/11 – No objection. General advice given.
Highways
5.09 06/10/11 – No objections raised. Clarification requested on the management of a vehicle exiting the site before the barrier due to the limited turning area within a potential queue. Also, requires confirmation that access works required under Condition (9) of TW/09/01075 have been completed.
5.10 13/10/11 – The applicant advised that the access road will be widened on both sides on the approach to the barrier enabling cars to turn and that a 20 minute courtesy time in order to enable cars to pick up and drop off in the car park. In response to applicant‟s responses Highways have confirmed that.
Private
5.09 26/09/11 – one letter from a local resident making the following points:
Support the application to increase the efficiency and spaces in the main car park as the noise is reduced when the overflow car park is not in use. Keen to ensure that the barriers to be installed are not noisy. Would welcome a reduction in traffic speeds on and off site.
6.0 BACKGROUND PAPERS
6.01 Covering letter dated 31 August 2011, received 5 September 2011.
6.02 Application Form received 29 July 2011.
6.03 Planning Statement received 5 August 2011.
6.04 Design & Access Statement received 5 August 2011.
6.05 Addendum to July 2011 Design and Access Statement received 5 September 2011.
6.07 Landscape Statement received 5 August 2011.
7.0 APPRAISAL
7.01 It is considered that the key issues are the same as they were in 2009 and these are discussed in turn below.
Principle of the proposal
7.02 It was previously concluded that the principle was acceptable because of the genuine need for extra visitor car parking on site; the benefits in respect of tourism, the local economy, conservation, research; and the fact that the car park would be sited on previously developed land of low ecological value. This amended scheme is contained within the same footprint and therefore does not raise any new issues.
Impact on visual amenity and the Area of Outstanding Natural Beauty
7.03 It was previously concluded that the proposal would preserve the character and appearance of the Area of Outstanding Natural Beauty and the rural landscape. The alternative scheme now proposed is considered to be sensitive to landscape issues and is in accordance with the objectives of Core Policy 4 and Local Plan Policy EN1.
Impact on the highway
7.04 Like the previous scheme, this current proposal is unlikely to attract additional visitors to Bedgebury and as such it would have no grater impact on the highway that exists at present. In fact as the proposal improves the existing parking arrangements, minimises the number of occasions that an overflow car park is required and involves the installation of a pay on exit facility there is likely to be a positive impact. The use and retention of the pay on exit facility can be secured by condition. The application therefore does not conflict with Local Plan Policy TP4.
Impact on residential amenity
7.05 This current proposal would further reduce the demand for using an overflow car park which is closer to residential properties than the main car park and does not raise any new issues regarding residential amenity. It is considered to accord with Local Plan Policy EN1 and Core Strategy Policy 4. The comments received from a local resident have been summarised above. The request to reduce the speed of vehicles on and off the site is considered to be ultra vires in the context of this application. However, it is noted that the submitted documents state that speed bumps will be utilised to control excessive speed on the circulation road. These will be of the bolt down type so that they do not interfere with the wearing surface of the road should they need to be replaced. A condition to ensure that the barriers are not noisy is not considered to be enforceable – any undue disturbance would need to be reported to Environmental Services for their assessment.
Impact on biodiversity
7.06 It was concluded previously that on balance there was to be a positive outcome to biodiversity for the area as a whole and that taking the reptile mitigation into account, no objection was raised in respect of South East Plan policy NRM5. The reptile mitigation was approved under application 10/00423/SUB (condition 4 of TW/09/011075). Kent Wildlife Trust is of the view that it would be necessary to repeat the precautionary reptile mitigation measures that were undertaken in 2010 because it is „unrealistic to expect the reptile exclusion fencing to have remained effective over such a long period‟. The Council‟s Landscape and Biodiversity Officer agrees that it would be wise to take a precautionary approach to any works but the site has been effectively cleared for some time and therefore in the circumstances the matter would be best dealt with as an informative. The applicant has confirmed in writing that the full two stage reptile translocation programme has been completed.
Impact on trees
7.07 The tree officer has again raised no objections in relation to the impact the works would have on trees.
Sustainability
7.08 This proposal does not alter the conclusions that were previously made on sustainability.
Conclusion
7.09 It is considered that the alternative scheme put forward under this application does not raise any additional issues or concerns to that already approved under TW/09/01075. The design approach is in fact considered to more appropriate in terms of its overall appearance and the pay on exit facility has been dealt with upfront, rather than by condition. Kent Wildlife Trust have expressed disappointment with the choice of non- native species to be used for the landscaping at the site entrance. Whilst the Council advocate native planting wherever possible it is recognised that landscape design and development often require non-native species as part of a scheme to perform certain functions or as part of a particular design element. This is recognised in Council guidance. Bedgebury is a unique site where non-native planting is actually celebrated. The Landscape and Biodiversity Officer has confirmed that the approach being taken is considered to be appropriate in this particular context. Furthermore, non-native planting does support a conservable amount of biodiversity.
8.0 SUMMARY
The following is a summary of the main reasons for the recommendation:
Any potentially significant impacts on the amenities of nearby dwellings can be satisfactorily mitigated by conditions.
The site is located in a rural area and due to the nature of the site there is no objection to the principle of the proposed development.
The scale, location and design of the development would preserve the character and appearance of the rural landscape and the Area of Outstanding Natural Beauty.
Other environmental impacts have been assessed and there are not any which are potentially significant which cannot be controlled by conditions.
RECOMMENDATION – APPROVE, SUBJECT TO THE FOLLOWING CONDITIONS:
(1) The works hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
(2) The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing no. FCE/2517/SE/001 Rev A received 5 August 2011; Drawing no. FC/BEDGE/CP/07 received 5 August 2011; Drawing no. FC/BEDGE/CP/08 received 5 August 2011; Drawing no. FC/BEDGE/CP/09 received 5 August 2011; Drawing no. FC/BEDGE/CP/11 received 5 August 2011 and Drawing no. FC/BEDGE/CP/13 received 5 August 2011.
Reason: To clarify which plans are approved.
(3) A landscaping scheme for the site (which may include entirely new planting, retention of existing planting or a combination of both) shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall be carried out fully within 12 months of the completion of the development (or any partially implemented scheme which results in the main car park having a capacity of over 250 spaces). Any trees or other 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 a similar size and species unless the Local Planning Authority give prior written consent to any variation. Reason: In order to protect and enhance the amenity of the area in accordance with Policy EN1 of the Local Plan.
(4) The details of soft landscape works required in Condition (3) above shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and an implementation programme. It shall include the main car park area as well as the additional planting to screen the barrier system and car park access (as indicated on plan ref FC/BEDGE/CP/11).
Reason: To ensure that adequate details of the proposals are submitted in the interests of the protection and enhancement of the area in accordance with Policy EN1 of the Local Plan.
(5) No external lighting, other than hereby approved shall be installed or erected on site.
Reason: To protect the character and appearance of the countryside and Area of Outstanding Natural Beauty and in the interest of biodiversity, in accordance with Planning Policy Statements 1, 7 and 9; Policies C3, C4 and NRM5 of the South East Plan 2009 and Policies EN1, EN8 and EN25 of the Tunbridge Wells Borough Local Plan 2006.
(6) Details of measures to enhance the biodiversity of the site have been approved under planning reference TW/10/00424 pursuant to condition 5 attached to Planning Permission TW/09/01075. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of protected species, in accordance with Planning Policy Statement 9; Policy NRM5 of the South East Plan 2009 and Policy 4 of the Core Strategy 2010.
(7) An Ecological Management Plan has been approved under planning reference TW/10/00425 pursuant to condition 6 attached to Planning Permission TW/09/01075. The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of biodiversity, in accordance with Planning Policy Statement 9; Policy NRM5 of the South East Plan 2009. The development shall be carried out in accordance with the approved details.
(8) Prior to the first use of the revised car park hereby approved (or any partially implemented scheme which results in the main car park having a capacity of over 250 spaces), the pay on exit barrier system (comprising the ticket dispensers, ticket reader with courtesy time, lifting barriers and the pay station) and the „pull-in‟ extensions to the access road, as shown in the plans hereby approved, shall be installed, brought into continuous use and thereafter permanently retained.
Reason: In the interest of highway safety, in accordance with Planning Policy Guidance Note 13 and Policy TP4 of the Tunbridge Wells Borough Local Plan 2006.
(10) The area shown on the submitted plan as vehicle parking spaces shall be surfaced and drained in accordance with the approved plans before those specific spaces hereby approved are used. They shall be retained for the use of the staff and visitors to the premises, and no permanent development whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting the Order) shall be carried out on that area of land or in such a position as to preclude vehicular access to the parking areas.
Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to parking inconvenient to other road users and would therefore fail to comply with Planning Policy Guidance Note 13; Policy T4 of the South East Plan 2009 and Policy TP5 of the Tunbridge Wells Borough Local Plan 2006.
(11) Prior to the first use of the reconfigured car park hereby approved (or any partially implemented scheme which results in the main car park having a capacity of over 250 spaces), a plan showing the unobstructed areas within the vision splays at the main entrance to Lady Oak Lane shall be submitted to and approved by the Local Planning Authority. These visibility splays shall be permanently kept clear of any obstruction exceeding a height of 0.6 metres above the level of the nearest part of the carriageway.
Reason: In the interest of highway safety, in accordance with Planning Policy Guidance Note 13 and Policy TP4 of the Tunbridge Wells Borough Local Plan 2006.
(12) The shelter for the car parking payment machines and the banner frames shall be carried out in accordance with the details of external materials and dimensions specified in the application which shall not be varied without the prior written permission of the Local Planning Authority. All the items shown for removal on the plans hereby approved shall be demolished in full and all materials arising there from shall be removed from the site within four months of their individual replacements being erected.
Reason: In the interests of residential and visual amenities in accordance with Policy 4 of the Core Strategy 2010 and Policy EN1 of the Local Plan.
Informative:
(1) The applicant‟s attention is drawn to the provision of the Wildlife and Countryside Act 1981 especially with regard to reptiles.
Reference: CP3/TN
NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council‟s website.
The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability. APPENDIX A
APPLICANT REFERENCE LOCATION PROPOSAL CONTACT ADDRESS DATE VALID GRID REFERENCE DATE OF APPLICATION
FORESTRY COMMISSION TW/09/01075 Bedgebury Pinetum Reconfiguration of the (Judith Norris Ltd Lady Oak Lane entrance and Wordsworth House GOUDHURST improvements to the High Street GO visitor car park and site Ticehurst circulation for cars, East Sussex bicycles and pedestrians TN5 7BQ) with associated landscaping.
16/04/09 572286/133739 03/04/09
MAJOR APPLICATION
1.0 DESCRIPTION OF SITE
1.01 The site is located to the east of Lady Oak Lane in Goudhurst. The site lies outside the Limits to Built Development and within an Area of Outstanding Natural Beauty (AONB), Special Landscape Area and Local Wildlife Site. Bedgebury Pinetum is registered as Grade II on the English Heritage register of Historic Parks and Gardens. It was designated a National Arboretum in 2002 and is recognised as the most complete collection of conifers on one site anywhere in the world. The collection has over 9,000 tree species, covering approximately 100 hectares, with a further 50 hectares used for Sweet Chestnut coppice, car park, visitor‟s centre and children‟s play area. In addition to the Pinetum, there are over 30 kilometres of cycle tracks, children‟s play area and “Go Ape”. Bedgebury attracted approximately 280,000 visitors in 2007 and 250,000 in 2008.
1.02 The aim of Bedgebury Forest is set out within the Bedgebury Management Plan it is to deliver „Bedgebury as the world‟s leading conifer collection and as a sustainable international tourist destination. To develop, manage and promote Bedgebury as an asset of real value to the local community that enhances people‟s quality of life by giving physical and intellectual access to a range of healthy forest activities and an insight into global conservation and the importance of trees in our lives.‟
2.0 PROPOSAL
2.01 The proposal is for the reconfiguration of the entrance and improvements to the visitor car park and site circulation for cars, bicycles and pedestrians with associated landscaping. The proposal would increase the capacity of the existing car park from approximately 180 to 400 cars. This would be possible by removing the existing banks of vegetation and levelling the area. A clear circulation system is proposed using a tarmac peripheral road with internal roads. Car parking bays will be delineated with locally sourced timber sections set into the ground surface, there is currently no space demarcation within the existing car park. The proposal seeks to achieve a more efficient and safer car parking provision and a greater segregation of vehicles and cyclists/pedestrians. Twenty four disabled parking spaces are proposed with a ramped path suitable for easy wheelchair access to the visitor centre. Three coach parking spaces are proposed with one coach drop off area. Low level lighting will replace standard lighting, which is currently in place.
2.02 The site entrance has been redesigned to remove the boulders, notices and post and rail fence. A new hedge and gate are proposed at the entrance to the site. The gate will be carved with the Bedgebury logo. Informal groups of specimen conifers will be planted either side of the access road to the car park. Additional planting is proposed within the car park to provide screening and enhance the appearance of the car park.
2.03 A further planning application (reference TW/09/01083) has been submitted for the retention of the temporary car park for a period of three years. The increased capacity of the main car park will reduce the need for an overflow car park.
3.0 RELEVANT HISTORY
3.01 TW/94/00190 – Circular 18/84 Consultation. Visitor information point/shop. No objections.
3.02 TW/96/00182 – Circular 18/84 Consultation. Visitor centre with ancillary facilities, car parking and access road. Objections.
3.03 TW/96/01678 – Circular 18/84 Consultation – Renewal (TW/94/00190 refers). Visitor information point/shop. No objections.
3.04 TW/99/00578 – Circular 18/84 Consultation. Visitor centre with ancillary facilities, associated car park and access road, new junction with two passing places on B2079 Lady Oak Lane. No objections.
3.05 TW/01//00525 – Circular 18/84 Consultation – Reserved Matters. Details of design of car park, access road and associated new junction on B2079 Lady Oak Road and landscaping associated with National Pinetum Visitor Centre. No objections
3.06 TW/01/01391 – Circular 18/84 Consultation – Reserved Matters. Details of design and external appearance of National Pinetum Visitor Centre and associated landscaping. Construction of dam and creation of new lake. No objections.
3.07 TW/05/01490 – Circular 18/84 Consultation. Details of design and external appearance of National Pinetum Community Building and variation of location to that previously approved (TW/01/01391 refers). No objections.
3.08 TW/06/02218 – Construction of a high-wire forest adventure course, log cabin and forest shelter. Approved.
3.09 TW/07/03496 – Use of existing education area (east of Visitor Centre for Christmas Visitor Experience including temporary timber buildings and other structures). Approved.
3.10 TW/07/04409 – Construction of new cycle franchise building and ancillary works, including the provision of disabled parking area, alterations to the existing building to enlarge the catering facility and the installation of a hopper feed for the wood chip burning boiler. Approved.
3.11 TW/08/01508 – Two-storey side extension including dormer windows. Refused.
3.12 TW/08/03233 – Retrospective. Retention of pay booth and overflow car park for a temporary period of five years. Withdrawn.
3.13 TW/09/00689 – Retrospective. Continued use of land for 3 years for stationing of two “portacabins” used as offices by the Forestry Commission and the Kent High Weald Partnership. Approved.
3.14 TW/09/01082 – EIA Screening Opinion. Reconfiguration of the entrance and improvements to the visitor car park and site circulation for cars, bicycles and pedestrians with associated landscaping. EIA not required.
3.15 TW/09/01083 – Retrospective temporary application for a three year period for retention of pay booth and overflow car park. Pending Consideration.
3.16 TW/09/01084 – EIA Screening Opinion –Retrospective temporary application for a three year period for retention of pay booth and overflow car park. EIA not required.
4.0 POLICIES
4.01 National Policies
• Planning Policy Statement 1: Delivering Sustainable Development. • Planning Policy Statement 7: Sustainable Development in Rural Areas. • Planning Policy Statement 9: Biodiversity and Geological Conservation. • Planning Policy Guidance Note 13: Transport. • Planning Policy Guidance Note 17: Planning for Open Space, Sport and Recreation.
4.02 South East Plan 2009
- Policy SP3 – Urban focus and urban renaissance. - Policy CC1 – Sustainable development. - Policy CC2 – Climate change. - Policy CC3 – Resource use. - Policy CC4 – Sustainable design and construction. - Policy CC5 – Supporting an ageing population. - Policy CC7 – Infrastructure and implementation. - Policy CC8 – Green infrastructure. - Policy T1 – Manage and invest. - Policy T4 – Parking. - Policy T5 – Travel plans and advice. - Policy T7 – Rural transport. - Policy NRM5 – Conservation and improvement of biodiversity. - Policy NRM7 – Woodlands. - Policy NRM10 – Noise. - Policy C3 – Areas of Outstanding Natural Beauty. - Policy C4 – Landscape and countryside management. - Policy TSR2 – Rural tourism. - Policy TSR4 – Tourism attractions. - Policy TSR6 – Visitor management. - Policy S1 – Supporting healthy communities. - Policy S5 – Cultural and supporting activity.
4.03 Kent and Medway Structure Plan 2006
- Policy SP1 – Conserving and enhancing Kent‟s environment and ensuring a sustainable pattern of development. - Policy SS8 – Development within the countryside. - Policy EN1 – Protecting Kent‟s countryside. - Policy EN3 – Protecting and enhancing countryside character. - Policy EN4 – Areas of Outstanding Natural Beauty. - Policy EN5 – Special Landscape Areas. - Policy EN7 – County and local wildlife designations.
- Policy EN8 – Protecting, conserving and enhancing biodiversity. - Policy EN9 – Trees, woodland and hedgerows. - Policy EN14 – Rural lanes. - Policy QL1 – Quality of development and design. - Policy QL15 – Formal and informal recreation/sport facilities. - Policy EP10 – Sustainable tourism development. - Policy TP1 – Integrated transport strategy. - Policy TP19 – Vehicle parking standards.
4.04 Tunbridge Wells Borough Local Plan 2006
- Policy LBD1 – Development outside the Limits to Built Development. - Policy EN1 – Development control criteria. - Policy EN8 – Outdoor lighting. - Policy EN11 – Historic parks and gardens. - Policy EN13 – Tree and woodland protection. - Policy EN25 – Development control criteria for all development proposals affecting the rural landscape. - Policy EN26 – High Weald Areas of Outstanding Natural Beauty. - Policy EN27 – Special Landscape Areas. - Policy TP4 – Access to the road network. - Policy TP5 – Vehicle parking standards.
5.0 CONSULTATIONS AND BACKGROUND PAPERS
5.01 Kent Gardens Trust
15/04/09 – No objections.
5.02 Access Officer
20/04/09 – Support the proposal as it improves access to the site and facilities for visitors in general and disabled visitors in particular.
5.03 Southern Water
20/04/09 – Do not wish to comment.
5.04 Marketing and Tourism Officer
20/04/09 – Bedgebury Forest and Pinetum is an important contributor to the Borough‟s visitor economy. The plans to improve the parking facilities, circulation for bikes/cars, and signage are all vital in order to enhance the visitor experience, and therefore to encourage future visits, and to ensure the continued success of the site. Support the application.
5.05 Environment Agency
27/04/09 – The Environment Agency has assessed this application as having a low environmental risk.
5.06 Highways Agency
01/05/09 – In respect to the A21 Trunk Road the Highways Agency raises no objection.
5.07 Natural England
07/05/09 – The application site falls within the Area of Outstanding Natural Beauty (AONB) and Natural England is concerned about the effect of this development on the natural beauty, local character and distinctiveness of the AONB. Common lizards are present within the application site. Natural England is satisfied that the proposal will not be detrimental to the population of widespread reptiles, subject to condition. Recommend condition securing biodiversity enhancements. Where habitats are created as mitigation or enhancement for a development, these habitats should be subject to long-term management and monitoring to ensure that the populations of species affected are conserved and wherever possible enhanced. Recommend that a management plan and monitoring programme should be produced for all habitats and species affected by this application. Funding should be secured for the implementation of the management plan in perpetuity
5.08 Goudhurst Parish Council
05/05/09 – Recommend approval. Goudhurst Parish Council welcomes this proposal to increase the capacity of the existing designated car park area. The proposal will have minimal additional impact on the surroundings. They are however disappointed that the proposal does not appear to include any provision to alter access and egress arrangements so that visitors pay as they leave. This is regarded as an essential facility to limit delays to emergency services and local residents at peak times in Lady Oak Lane. It is requested that approval of this application should be made conditional on receipt of a traffic management scheme that entails payment on leaving Bedgebury rather than on entry.
5.09 Kent Wildlife Trust
05/05/09 – The Trust recognise that the loss of valuable habitat envisaged is relatively insignificant in the context of the damage done when the present car park was created. Recommend enhancements as per consultant‟s report 4.2.7. No objections subject to appropriate conditions securing implementation of recommendations.
5.10 One Private Representation
The proposal would reduce the need for an overflow car park. Consider loss of ancient woodland would be minimal and the benefits of releasing land used as overflow parking for new planting would outweigh the harm caused by the small loss of ancient woodland.
Support application as it would result in a substantial reduction in the amount of land used for parking. Provide an opportunity for the staff to manage the facility more efficiently and possibly reduce the need for as many staff.
Better access to visitors centre for disabled people.
Ultimate cost of facilities would be reduced. Access to the forest resource for the public.
Improve appearance of the site. Surprised the application did not include proposal for automatic entry into the car park with machine payment on exit to minimise hold ups.
6.0 APPRAISAL
The issues to consider in the determination of the application are:
Principle of the proposal. Impact on visual amenity and the Area of Outstanding Natural Beauty and Special Landscape Area. Impact on highway. Impact on residential amenity. Impact on biodiversity. Impact on trees. Sustainability.
Principle of the proposal
6.01 The site lies within the countryside and outside of the Limits to Built Development, where there is a presumption against inappropriate development unless there is a special justification. The Pinetum is registered as Grade II on the English Heritage register of Historic Parks and Gardens and is recognised for its botanical and recreational value. The Pinetum is an important site for international conservation and national research. It is also a major tourist attraction within the Borough. The wider forest, mostly ancient woodland and a local wildlife site is used extensively for bike riding, horse riding, walking/running and other outdoor recreation.
6.02 The Forestry Commission faces a difficult challenge to balance the popularity of the attraction with landscape and environmental protection. Planning Policy Statement 7 (PPS7): Sustainable Development in Rural Areas recognises that tourism and leisure activities are vital to many rural economies. It states that „as well as sustaining many rural businesses, these industries are a significant source of employment and help to support the prosperity of country towns and villages‟.
6.03 The existing car park is unable to deal with the current number of visitors to the site. The proposed works would increase capacity of the existing car park from approximately 180 to 400 car parking spaces. The revised car park would be able to deal with a slightly above average daily demand during the peak months. At peak times, the highways report shows 465 cars entering the site a day. It is estimated that 75% of cars will be on site at the same time, resulting in a requirement for approximately 350 parking spaces. There are occasions, such as bank holidays and events when the number of cars entering the site is in the region of 750, on these occasions an overflow facility will still be required. It is estimated that once works have been competed to the main car park, an overflow car park would be required less than 28 days per annum. This would reduce the need for other land to be used for parking.
6.04 The reorganisation of the existing car park does result in some loss of habitat and landscape, but it is recognised that this area is no longer regarded as ancient woodland. The proposal is considered acceptable in principle because of the genuine need for extra visitor car parking on site; the benefits of the site in respect to tourism, the local economy, conservation, research and recreation; and the fact that the proposal would be sited on previously developed land of low ecological value.
Impact on visual amenity and the Area of Outstanding Natural Beauty and Special Landscape Area
6.05 The site lies within an Area of Outstanding Natural Beauty (AONB) and Special Landscape Area (SLA). Nationally designated areas comprising of AONBs have been confirmed by the Government as having the highest status of protection in relation to landscape and scenic beauty. Policy EN26 of the Local Plan states that „within the High Weald Area of Outstanding Natural Beauty, development proposals will only be permitted if they would protect or enhance the natural beauty and special character of the landscape‟.
6.06 The proposal would result in works to the existing car park, which would double its current capacity. No new buildings or structures are proposed as part of this development. Additional planting will provide screening and minimise the visual impact of the proposal on the surrounding landscape. The works to the entrance and the removal of the signage and utilitarian gates will provide a simple landscape more characteristic of the area. The landscape proposals and details including the drainage swales are entirely appropriate and acceptable. It is considered that the proposal would preserve the character and appearance of the AONB, SLA and rural landscape and the proposal therefore complies with Policies EN26 and EN27 of the Local Plan.
Impact on the highway
6.07 This proposal is not likely to attract additional visitors to Bedgebury. It would therefore have no greater impact on the highway than exists at present. The proposal would improve the existing parking arrangements on site. Monitoring of the main car park is important to ensure it is used to its maximum capacity, thus minimising the number of occasions that an overflow car park is required.
6.08 Concerns have been expressed regarding the current management of parking on site during peak periods, which has caused tail backs onto Lady Oak Lane. The applicant intends to offer a pay on exit, rather than pay on entry facility, however no details of this have been submitted with the application. Details of the pay on exit facility will be dealt with by condition.
Impact on residential amenity
6.09 The proposal would increase the capacity of the existing car park, which would reduce the need and use of an overflow car park. The existing car park is sited further away from residential properties than the temporary overflow car park and therefore has less of an impact on residential amenity. There are no objections to this proposal on the grounds of residential amenity and no objection is raised regarding Policy EN1 of the Local Plan.
Impact on biodiversity
6.10 Visitor pressure has limited overall biodiversity in the area of the existing car park. One species of protected reptile - Common lizard are shown to be present within the parking area and throughout Bedgebury. The ecology report states that „provided the needs of Common lizard are taken into account it should be perfectly reasonable and practical to provide alternative habitat within a kilometre (current guidelines) of the car parking complex. It would also be reasonable to argue that if habitat is to be lost to satisfy the increasing demands of visitor pressure it is far more ecologically sound that this work should take place in an area that is already fragmented and has an existing high level of visitor pressure; in the long term this will be far less damaging to the ecology of the region in a landscape context‟.
6.11 The ecologist recommends that the site is fenced off whilst the existing reptile population is trapped, caught and removed or a destructive vegetation search under a watching brief of a suitably qualified ecologist is undertaken. A receptor area should be chosen, which must be at least equal to the area of habitat to be lost. Recommend work commences autumn/winter and completed before early spring.
6.12 It would appear that there is adequate land on site for reptile mitigation so that further surveys/mitigation measures can be dealt with by condition. Ecology is a concern, however in the context of the works; management; and enhancement of the wider estate (much of which is enabled by the increase in visitor numbers) it is considered that on balance there is a positive outcome to biodiversity for the area as a whole. Taking the mitigation into account, no objection regarding Policy NRM5 of the South East Plan is raised.
Impact on trees
6.13 The Tree Officer has been consulted on the proposal and there are no objections to the proposal on tree grounds.
Sustainability
6.14 The site is located within the countryside and is not accessible by public transport. The nearest bus stop is in Goudhurst, which is approximately four kilometres away. Planning Policy Guidance Note 13: Transport, recognises rural businesses and facilities will of necessity require access by car. The Forestry Commission encourage alternatives to car travel and offer free entry to Bedgebury Forest for anyone coming by public transport, bicycle, horse or foot. It is only cars that are charged in the car park – the incentive being to encourage higher numbers of car occupants. The forest can be accessed at more than twenty points through the Public Rights of Way network and also lies on Route 18 of the National Cycle Network.
6.15 The Forestry Commission operate a concession scheme that encourages youth and community groups to visit by mini-bus and coach. The Education Unit at Bedgebury offers a travel bursary for organising coach hire to schools with limited funds.
7.0 SUMMARY
The following is a summary of the main reasons for the recommendation:
Any potentially significant impacts on the amenities of nearby dwellings can be satisfactorily mitigated by conditions.
The site is located in a rural area where there is no objection to the principle of the proposed development.
The scale, location and design of the development would preserve the character and appearance of the Area of Outstanding Natural Beauty and Kent Special Landscape Area.
The scale, location and design of the development would preserve the character and appearance of the rural landscape.
Other environmental impacts have been assessed and there are not any which are potentially significant which cannot be controlled by conditions.
RECOMMENDATION – APPROVE SUBJECT TO THE FOLLOWING CONDITIONS:
(1) The works hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: In pursuance of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
(2) The proposals for landscaping shown on the approved layout shall be carried out in the first planting and seeding season following occupation of the buildings or the completion of the development, (whichever is the earlier) or in accordance with a programme agreed with the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the appropriate British Standards or other recognised Codes of Good Practice, to the satisfaction of the Local Planning Authority. All new planting shall be adequately staked and tied and shall be maintained for a period of 5 years. Any trees or plants which, within this period, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or diseased shall be replaced in the next planting season with others of the same species, size and number as previously approved, unless the Local Planning Authority gives written consent to any variation.
Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policy EN1 of the Local Plan.
(3) No external lighting, other than hereby approved shall be erected on site.
Reason: To protect the character and appearance of the countryside and Area of Outstanding Natural Beauty and in the interest of biodiversity, in accordance with Planning Policy Statements 1, 7 and 9; Policies C3, C4 and NRM5 of the South East Plan 2009; Policies SP1, SS8, EN1, EN3, EN4, EN5, EN7, EN8, EN14 and QL1 of the Kent and Medway Structure Plan 2006; and Policies EN1, EN8, EN25, EN26 and EN27 of the Tunbridge Wells Borough Local Plan 2006.
(4) Prior to the commencement of any works which may affect widespread reptiles or their habitat, a detailed mitigation strategy shall be submitted to, and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved strategy, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interest of protected species, in accordance with Planning Policy Statement 9; Policy NRM5 of the South East Plan 2009 and; Policy EN8 of the Kent and Medway Structure Plan 2006.
(5) Prior to the commencement of works hereby approved, details of measures to enhance the biodiversity of the site shall be submitted to and approve in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In the interest of biodiversity, in accordance with Planning Policy Statement 9; Policy NRM5 of the South East Plan 2009 and; Policy EN8 of the Kent and Medway Structure Plan 2006. The development shall be carried out in accordance with the approved details.
(6) Prior to the commencement of works hereby approved an ecological management plan and monitoring plan shall be submitted to and approved in writing by the Local Planning Authority. The plans should be produced for all habitats and species affected by this application. The development shall be carried out in accordance with the approved details.
Reason: In the interest of biodiversity, in accordance with Planning Policy Statement 9; Policy NRM5 of the South East Plan 2009 and; Policy EN8 of the Kent and Medway Structure Plan 2006.
(7) Prior to the first use of the revised car park hereby approved, details of a pay on exit facility shall be submitted to and approved in writing by the Local Planning Authority. The pay on exit facility shall be brought into use prior to the first use of the revised car park and thereafter retained.
Reason: In the interest of highway safety, in accordance with Planning Policy Guidance Note 13 and Policy TP4 of the Tunbridge Wells Borough Local Plan 2006.
(8) The area shown on the submitted plan as vehicle parking spaces shall be surfaced and drained in accordance with the approved plans before the use hereby approved is commenced and shall be retained for the use of the staff and visitors to the premises, and no permanent development whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting the Order) shall be carried out on that area of land or in such a position as to preclude vehicular access to the parking areas.
Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to parking inconvenient to other road users and would therefore fail to comply with Planning Policy Guidance Note 13; Policy T4 of the South East Plan 2009; Policy TP19 of the Kent and Medway Structure Plan 2006 and Policy TP5 of the Tunbridge Wells Borough Local Plan 2006.
(9) As an initial operation on site, before any other work commences, the area of land within the vision splays shown on the approved plan shall be reduced in level as necessary and cleared of any obstruction exceeding a height of 0.6 metres above the level of the nearest part of the carriageway and be so retained in accordance with the approved plan.
Reason: In the interest of highway safety, in accordance with Planning Policy Guidance Note 13 and Policy TP4 of the Tunbridge Wells Borough Local Plan 2006.
Informative:
(1) The applicant should note that planning consent in its own right may be required for a pay on exit facility.
PLANS
The following plans are the subject of the recommendation above: Design and Access Statement received 3 April 2009; Drawing numbers L-09, r643/4, Bedgebury 8/1/A, Bedgebury 8/2, L-05, r643/1/2, r643/2, r643/3, L-04, L-02/B, L-01/B; Landscape Statement dated March 2009; An Overview of the Pinetum and Bedgebury Forest by Christopher Reynolds received 3 April 2009; Camber Ecology Biological Audit dated June 2008; Report on Highway and Transportation Matters for a retrospective planning application in connection with the retention of the existing car park along with an overflow car park and pay booth and the provision of a future new car park layout at Bedgebury Pinetum by A.C. Rollings received 3 April 2009; Supplementary report on traffic conditions in Lady Oak Lane between the entrance to Pinetum and its junction with the A21 received 3 April 2009
Reference: ARJ/TN