Planning Reports

PLANNING APPLICATIONS FOR 20th FEBRUARY 2002 Page No.

1 MC2000/1324 Frindsbury Outline application for the erection of four 3 storey blocks of flats. Land adjacent, Walmer House, Cypress Court, Frindsbury. 3

2 MC2001/1086 Frindsbury Extra & Chattenden Outline application for construction of bungalow with garage Land rear of 30-34 Iden Road, Strood, Kent 10

3 MC2001/1157 All Saints Outline application for demolition of public house and construction of 2 pairs of semi-detached houses and garages Shades Public House, Grain Road, Isle of Grain, Rochester, Kent 14

4 MC2001/1638 Rede Court Demolition of dwelling and construction of two 4-bedroomed detached houses with attached garages High Leas, Broom Hill Road, Strood, Rochester, Kent, ME2 3LE 20

5 MC2001/1683 Thames Side Revised design for one dwelling pursuant to outline planning permission ME/98/0628/MR. 175 (plot 4) Church Street, Cliffe, Rochester, Kent, ME3 7QB 25

6 MC2001/1777 Earl Display of externally illuminated fascia signs and projecting sign and one internally illuminated sign 143 High Street, Strood, Rochester, Kent, ME2 4TJ 28

7 MC2001/1797 Earl Installation of new shopfront, extract ventilation system and external air conditioning condensers together with alterations to rear elevation 143, High Street, Strood, Rochester, Kent, ME2 4TJ 31

8 MC2001/1949 Frindsbury Extra & Chattenden Retrospective application for construction of a detached pool/leisure room Court Lodge, Lower Rochester Road, Rochester, Kent, ME3 8EH 34

9 MC2001/1982 Frindsbury Extra & Chattenden Construction of one 4-bedroomed detached house with attached garage Rear of 28 Hollywood Lane, Wainscott, Rochester, Kent, ME3 8AL 37

10 MC2001/2018 Town Construction of a block of 36 2-bedroomed flats with car parking at ground level 137 New Road, Chatham, Kent 42

11 MC2001/2032 Town Reinstatement of original design windows to front elevation 305, High Street, Rochester, Kent, ME1 1BU 49

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12 MC2001/2042 Troy Town Installation of 7.5m monopole tower with 3 antennas, 2 dishes and equipment cabin Police Station, Cazeneuve Street, Rochester, Kent, ME1 1XT 51

13 MC2001/2124 Rede Court Insertion of two dormers to front, one dormer to rear and alterations to roof to form living accommodation at first floor level 9, Lynette Avenue, Strood, Rochester, Kent, ME2 3NH 55

BACKGROUND PAPERS

The relevant background papers relating to the individual applications comprise: the applications and all supporting documentation submitted therewith; and items identified in any Relevant History and Information section and Representations section with a report.

Any information referred to is available for inspection in the Planning Offices of the Council at the Compass Centre, Chatham Maritime, Chatham.

DC0902MW 2

1. MC2000/1324

Date Received: 8th September 2000

Location: Land adjacent, Walmer House, Cypress Court, Frindsbury.

Proposal: Outline application for the erection of four 3 storey blocks of flats.

Applicant: Dudrich (Holdings) Ltd Lonsto House 276 Chase Road London N14 6HA

Agent: Clay Architects 1 Castle Hill Court Castle Hill Rochester Kent

Ward: Frindsbury

Recommendation - Approval with Conditions

(as amended by plans received on 26th April and 12th July 2001)

1 Approval of the details of siting, design and external appearance of the building(s), the means of access thereto and the landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

2 Plans and particulars of the reserved matters referred to in Condition 1 above shall be submitted in writing to the Local Planning Authority for approval. Such application for approval shall be made to the Authority before the expiration of three years from the date of this permission and the reserved matters shall be carried out in accordance with the approved details.

3 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

5 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

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6 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; and minor artifacts and structures (e.g. external furniture, play equipment, refuse or other storage units, signs, lighting etc). Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

8 No development shall take place until a schedule of landscape maintenance for a minimum period of five years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

9 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Authority prior to first occupation of the development hereby permitted.

10 No part of the development hereby permitted shall be occupied until that part of the service road which provides access to it has been constructed in accordance with the approved details.

11 The details to be submitted in pursuance of Condition 01 shall show adequate land, reserved for the parking or garaging of vehicles and upon approval of the details, 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 that Order), shall be carried out on the land so shown or in such a position as to preclude vehicular access to the reserved vehicle parking area.

12 Means of vehicular access to the development hereby permitted shall only be from Cypress Court.

DC0902MW 4 13 The access road within the site shall be lit in accordance with a lighting scheme installed on site before occupation of any building on site in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

Site Description

This application relates to a rectangular area of land, located to the rear of two storey houses in Bingham Road, Hilltop Road and Bill Street Road. The site measures approximately 120 metres long and between 19 and 28 metres wide. Vehicular access can only be achieved via Cypress Road, passing the flats known as Cypress Court. A barrier has been installed to prevent unauthorised access and fly tipping.

The eastern end of the site comprised a block of 40 garages, but these have now become derelict and several have been demolished and this part of the site has an untidy appearance. The western end of the site is grassed and rises slightly.

The site is bounded to the north by an unmade private road serving the rear gardens of the houses in Hilltop Road. There is no barrier separating this road, from the application site, but there is no “legal” right of access from the site onto this road. There is a similar private road to the west serving the houses in Bill Street Road. To the south there is a pedestrian access serving the rear of the houses in Bingham Road. This access is about 2 metres higher than the prevailing site level. A defined public right of was runs between Bingham Road and Hilltop Road and crosses the site.

Proposal

The application (as amended) is for the redevelopment of the site by the construction of 24 flats to be housed within four 3 storey blocks. The application has been submitted in outline form with all matters (means of access, siting, design, external appearance and landscaping) being reserved for future consideration. Initially no indicative drawings were submitted in support of the proposal, however drawings were latterly submitted showing 30 flats, housed in five blocks, and 28 parking spaces. The most recently submitted set of indicative drawings show the provision of four blocks served by a private access road, which would be a continuation of Cypress Court, running along the southern part of the site. The blocks would be located to the north of this road, and would each have an east-west orientation. Sections through the site have been submitted indicating that although the flats would have three floors of accommodation, the upper floor would be accommodated in a mansard roof, thus controlling the overall mass of the proposed buildings.

The indicative layout plan shows the provision of 28 car parking spaces and communal amenity areas to be used by residents of the development.

Site Area/Density

Site area: 0.288 ha (0.71 acre) Site density: 104 d.p.h. (42 d.p.a.)

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Representations

Neighbour notification letters have been sent to the owners/occupiers of 1-12 (cons) Walmer House, 1-6 (cons) Dover House, 1-39 (odds) and 2-38 (even nos.) Bingham Road, 36-50 (evens) Bill Street Road and 4-46 (evens) Hilltop Road. The application has also been advertised on site and in the local press as major development.

Two petitions, each of 13 and 84 signatures, have been received together with letters from the Dickens Country Protection Society, the Frindsbury and Wainscott Community Association, the Cypress Court Residents Association and 30 individual households were received in respect of the originally submitted application. These representations object to the application on the following grounds:-

- over-development;

- three storey flats are out of character; bungalows would be more appropriate;

- overlooking/loss of privacy;

- loss of light;

- loss of outlook;

- inadequate access to the site;

- inadequate parking provision which would exacerbate problems in the area;

- no open space is provided in the area;

- the private access to the rear of Hilltop Road, Bill Street Road and Cooling Road should not be used and should be separated from the site by appropriate boundary treatment;

- the area is liable to subsidence; and

- the infrastructure is inadequate.

Following the receipt of the most recent indicative plans re-consultations have been undertaken and the following additional representations have been received:-

Robert Marshall-Andrews as the local MP has written on behalf of local residents stating that there are concerns regarding over-development, inadequate access and a danger of subsidence due to the presence of dene holes and working shafts.

The Dickens Country Protection Society has written reiterating its previous objection that this is an entirely inappropriate development.

Two petitions of 173 and 112 signatures and a further 16 letters have been received objecting on the following grounds:-

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- unneighbourly overlooking/loss of privacy;

- loss of light;

- noise, disturbance and pollution from additional traffic;

- over-development, which would generate too much traffic;

- inadequate parking;

- a two storey scheme would be more appropriate;

- encroachment onto the access road to rear of the properties in Hilltop Road;

- there is no need for more dwellings in the area;

- the proposal would place additional burdens upon schools and doctors’ surgeries etc in the area; and

- inadequate drainage.

These representations further comment that if planning permission is granted conditions should be imposed on the planning permission to ensure that there is no vehicular access to the site via Hilltop Road.

The Kent and Medway Towns Fire Authority has written to advise that the access is adequate for fire appliances.

Frindsbury Extra Parish Council has written objecting to the application on the grounds that:

- the development represents an over-development of the site with the three storey blocks having an adverse impact upon the visual amenities of the area:

- the scheme would give rise to overlooking;

- the development would give rise to noise disturbance;

- the access is inadequate. Cypress Road, Benenden Road and Rolvenden Road are narrow experiencing significant levels of on-street parking and the development will add to congestion in the area;

- the scheme is under parked; and

- inadequate amenity space provision.

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment) Policy ENV16 (Town Cramming)

DC0902MW 7 Policy T17 (Parking)

Medway Towns Local Plan 1992:

Policy H9 (Backland Development) Policy T13 (Car Parking) Policy B16 (New Development) Policy B18 (New Residential Development)

Medway Local Plan (Deposit Version) 1999:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy H5 (Housing in Urban Areas) Policy H6 (High Density Housing) Policy H10 (Backland Development) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

Principle of development

The site lies within a predominantly residential area and therefore the principle of residential development is acceptable. As the site is surrounded on three sides by the rear gardens to neighbouring houses, it is considered that these proposal amounts to backland development that falls to be assessed against the provisions of Policy H9 of the adopted Local Plan and Policy H10 of the Medway Local Plan (deposit Version) 1999 (the emerging Local Plan). In addition the development is of a high density and therefore falls to be assessed against the provisions of Policy H6 of the emerging Local Plan.

Effect on the character of the area

The principal form of development in the vicinity comprises two storey terraced houses. However, immediately to the east, the neighbouring development in Cypress Court comprises two and three storey blocks of flats and therefore a three storey flatted development on this site would not be out of character with the surrounding area. It is considered that the density of the proposed development, at 84 dwellings per hectare (34 dpa) compares acceptably with the Cypress Court development (77.35 dph and 31.3 dpa). In this respect the application is viewed as being in accordance with the provisions of Policy ENV16 of the Structure Plan, Policies B16 and B18 of the adopted Local Plan and Policy H6 of the emerging Local Plan. Matters of design and external appearance would fall to be considered at the detailed stage.

The effect of the development on the amenities of neighbouring occupiers

The indicative drawings show that the proposed blocks of flats would be orientated east-west, thereby preventing unneighbourly overlooking into the rear gardens of the houses in Bingham Road and Hilltop Road. The properties in Hilltop Road have long rear gardens (in excess of 30 metres) and the flank walls of the proposed flats would be between 24 and 29 metres from the rear of the houses in Bingham Road. It should also be noted that the ground level in Bingham Road is approximately 2 metres higher than that of the application site. There

DC0902MW 8 would be a gap of approximately 12 metres from the front of the easternmost block and the flank wall to the Walmer House (the westernmost block of flats in Cypress Court), which contains no windows. Having regard to these distances, it is considered that the proposed development, as shown on the revised indicative drawings, would not cause any demonstrable harm in terms of unneighbourly overlooking and loss of outlook or light.

In this respect the proposal accords with the guidance contained within “Kent Design” and the application is therefore viewed as being in accordance with the provisions of Policy ENV15 of the Structure Plan, Policies H9, B16 and B18 of the adopted Local Plan and Policies BNE1, BNE2 and H10 of the emerging Local Plan.

Highways/parking

The adopted vehicle parking standards (as maxima) require an average provision of up to 1.5 spaces across developments in the urban area. A development of 24 units requires the provision of a maximum of 36 spaces. The submitted indicative drawings show the provision of 28 spaces. Having regard to the relatively central location of the site the indicative level; of parking is viewed as being acceptable and the application therefore accords with the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy T12 of the emerging Local Plan. Additionally having regard to the deteriorating condition and non-usage of the garages, no objection is raised to the loss of this parking area through its re-development.

The proposed vehicular access arrangements to the site via Cypress Road are considered to be acceptable in both amenity and highway terms, and in this regard it should be noted that this route served the site when it was actively used as a garage court.

Accordingly no highway objection is raised to the application.

Other matters

As the application is for flats that are likely to be of a size that will be occupied by single people or families without children or children of a pre-school age, no educational contribution is sought. The concern regarding dene holes is a constructional matter that will be addressed via the Building Regulations and it is recommended that an informative be attached to any forthcoming planning permission bringing this matter to the attention of the applicant. The question of encroachment onto and the use of the private right of way adjoining the site by the developers and occupiers of the proposed flats is a civil matter, although the indicative drawing shows a fence and wall along the boundary to Hilltop Road, which would prevent such access. It is recommended that a condition is attached to any planning permission requiring details of the boundary treatment to be submitted for approval.

Conclusion

Having regard to the aforementioned considerations, the application is recommended for approval.

[This application was considered by Members at the Area Development Control Sub- Committee (West) on the 30th January 2002 when it was determined to defer a decision to enable a Members’ Site Meeting to be held].

DC0902MW 9 2. MC2001/1086

Date Received: 22nd June 2001

Location: Land rear of 30-34 Iden Road, Strood, Kent

Proposal: Outline application for construction of bungalow with garage

Applicant: Mr R J Jones Rignall Farm Barns Handley Park Towcester NN12 8PA

Agent:

Ward: Frindsbury Extra & Chattenden

Recommendation - Approval with Conditions

1 Approval of the details of siting, design and external appearance of the building and the landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed befor the dwelling hereby approved is occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

DC0902MW 10 materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

7 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

8 The details to be submitted in pursuance of Condition 01 shall show adequate land, reserved for the parking or garaging of vehicles and upon approval of the details, 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 that Order), shall be carried out on the land so shown (other than the erection of a private garage or garages) or in such a position as to preclude vehicular access to the reserved vehicle parking area.

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development within Classes B and C of Part 1 of the Second Schedule to the Order shall be carried out on the site without the prior written approval of the Local Planning Authority.

Site Description

The application relates to an irregularly shaped area of vacant and overgrown land to the rear of properties in Iden Road, Grasmere Grove and Ashenden Close. The site is accessed via a service road passing between 28 and 30 Iden Road, which is the access to a garage compound. The surrounding area comprises a mixture of 2 storey terraced and semi- detached houses.

Proposal

Outline planning permission is sought for the erection of a bungalow and garage on the site. All matters (siting, design, appearance and landscaping) other than means of access are reserved for future consideration. Access to the bungalow would be via the existing access that serves the neighbouring garage compound.

Site Area/Density

Site Area 0.075 ha (0.185 acre) Site Density 13.3 dph (5.4 dpa)

DC0902MW 11 Representations

The application has been advertised on site and notification letters have been sent to the owners/ occupiers of: 26-38 (odds), 15, 17 and 19 Iden Road; 30-36 (evens) Grasmere Grove; and 1-6 (consec) Ashenden Close.

Three letters of representation have been received objecting on the grounds that the development:

- would be prejudicial to pedestrian and highway safety; - would generate congestion; - would result in drainage problems in the area; - would give rise to overlooking; and - the applicant does not have access rights to undertake the proposed development. [It is to be noted that this is a civil matter rather than a planning issue.]

The Frindsbury Extra Parish Council has written raising no objection.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Development) Policy T17 (Parking Standards)

Medway Towns Local Plan 1992

Policy H6 (Windfall Housing Sites) Policy H9 (Backland Development) Policy B16 (New Development) Policy B18 (Design for New Residential Development) Policy T13 (Parking Standards)

Medway Local Plan (Deposit Version) 1999

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy H5 (Housing in Urban Area) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

Development Plan policies support the principle of residential development on vacant or derelict land within existing built-up areas. The site is located in a residential area, where the principle of residential in-filling is acceptable subject to safeguarding the amenities of the occupiers of neighbouring properties, design and details of access. The site is currently overgrown and makes no contribution to the area.

The site is large enough to accommodate one relatively small bungalow with sufficient amenity space for a family. Whilst the site is bordered by residential properties, it is not considered that unacceptable loss of amenity would result. The side windows of 34

DC0902MW 12 Grasmere Grove, 1 to 6 Ashenden Close and 30 to 34 Iden Road are located at a sufficient distance from the application site that neither the proposed bungalow or the existing properties would suffer from an unacceptable level of overlooking. The rear windows of 30 and 32 Grasmere Grove are set at an acute angle to the site, and should not overlook the garden area to an unacceptable extent subject to careful design and siting.

Having regard to the backland nature of the proposal it is considered that the proposed bungalow, if set to the front of the site, would be a sufficient distance from neighbouring properties to avoid loss of light or overshadowing.

The proposed access via the existing service road is already used to access a significant number of garages and will be capable of accommodating any increase in traffic likely to result from the construction of one dwelling. Sufficient parking could be accommodated on the site to accord the provisions of the adopted parking standards.

The application is therefore viewed as being in accordance with the provisions of Policies ENV15 and T17 of the Structure Plan, Policies H6, H9, B16, B18 and T13 of the adopted Local Plan and Policies BNE1, BNE2, H5 and T12 of the Medway Local Plan (Deposit Version) 1999.

Accordingly the application is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but is reported for Members consideration because of the level of representations that have been received.]

DC0902MW 13 3. MC2001/1157

Date Received: 4th July 2001

Location: Shades Public House, Grain Road, Isle of Grain, Rochester, Kent

Proposal: Outline application for demolition of public house and construction of 2 pairs of semi-detached houses and garages

Applicant: Mrs S Thomas The Bungalow Grain Road Isle Of Grain Kent ME3 OAZ

Agent: Mr P Spink Spiere Spiere House 17 New Road Avenue Chatham Kent ME4 6BA

Ward: All Saints

Recommendation - Approval Subject to:

A) The application being referred to the Secretary of State for Transport, Local Government and the Regions as a departure from the Development Plan; and

B) the following conditions:

(as amended by revised drawing received 29th August 2001)

1 Approval of the details of siting, design and external appearance of the building(s) and the landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

DC0902MW 14 5 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development within Part 1 Classes A, B, C and E of the Second Schedule to the Order shall be carried out on the site without the prior written approval of the Local Planning Authority.

7 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels of contours; means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas and hard surfacing materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

8 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that does or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

9 The details to be submitted in pursuance of Condition 01 shall show adequate land, reserved for the parking or garaging of vehicles and upon approval of the details, 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 that Order), shall be carried out on the land so shown (other than the erection of a private garage or garages) or in such a position as to preclude vehicular access to the reserved vehicle parking area.

10 Vision splays of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access points and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays.

11 Before the development hereby permitted commences a scheme for protecting the proposed dwellings from traffic noise and noise emanating from the operation of the adjoining sand and gravel extraction site, including the use of the access road serving that facility, shall be submitted to and approved in writing by the Local Planning Authority and all works which form part of the approved scheme shall be completed before any part of the development is occupied and thereafter maintained for the duration of the development.

DC0902MW 15 12 A sight line of 4.5 metres by 100 metres shall be provided on the south-west side of the vehicular access point and a sight line of 4.5 metres by 70 metres shall be provided on the north-east side of the vehicular access point. No obstruction of sight more than 0.6 metres above carriageway level shall be permitted within these sight lines.

Site Description

This application relates to ‘The Shades’ Public House, formerly known as Joe’s Nightclub and Grain Working Men’s Club. The site has a frontage of approximately 60 metres to Grain Road and a depth of approximately 30 metres. It is currently occupied by a single storey building, constructed following the grant of planning permission in 1955, which has a floor area of approximately 408 square metres and a car park. Immediately adjoining to the south of the site there is a detached bungalow which was constructed following the grant of planning permission in 1961 and has been used as ancillary accommodation.

Immediately to the rear of the site is an access road that serves the nearby Clubb’s sand and gravel extraction works. This road was screened by an embankment, but this has recently been removed. The land to the north-east and south-west of the site is disused farmland lying between the works access road and Grain Road. To the south-east, on the opposite side of Grain Road is farmland.

Proposal

The proposal, as amended, is for the demolition of the building and the construction of two pairs of semi-detached houses, with garages. (The original submission was for six houses). The application is in outline form with all matters (design, siting, external appearance and landscaping) other than means of access being reserved for future consideration. Vehicular access would be at the centre of the site, with a private drive serving all four dwellings.

An illustrative layout has been submitted that shows two pairs of houses, each with a detached garage, set back approximately 11 metres back from the public highway. The footprint for the four dwellings, including garages, would be approximately 314 square metres, a figure that is slightly less than that for the existing building on site.

Site Area/Density

Site area: 0.18 hectare (0.44 acre) Site density: 22 d.p.h. (8.9 d.p.a.)

Relevant Planning History

TH6/54/237 Erection of a clubhouse Approved 12th January 1955

TH6/59/49 Outline application for erection of a building for use as stewards quarters Approved 3rd April 1959

TH6/59/168 Details pursuant to above

DC0902MW 16 Approved 3rd June 1959

TH6/60/411 Erection of a bungalow Approved 13th January 1961

ME/95/0388 Change of use from sports and social club (Class D2) to nightclub Approved 16th August 1995

Representations

The application has been advertised on site and in the press as a departure from the Development Plan. Neighbour notification letters have been sent to the owners and occupiers of Primrose Cottage and Westbere, Grain Road and to J. Clubb and Sons.

St. James Isle of Grain Parish Council has written objecting on the grounds that the density of the development is too high and it should be limited to 2 or 3 detached properties.

Two petitions of 32 and 20 signatures and two letters have been received, objecting on the grounds that:-

- the public house should be retained as a village facility; - there is no need for more housing in the village; and - more housing would put an additional strain on facilities in the village i.e. schools, doctor’s surgery.

J. Clubb Ltd. has written objecting to the application on the grounds that the site is in close proximity to their private access road and this could impose a risk to the health and safety of the prospective residents.

All consultees and objectors have been notified of the receipt of revised plans.

St. James Isle of Grain Parish Council has written re-iterating its previous comments.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV1 (Built environment) Policy T17 (Parking standards) Policy RS1 (Rural Settlement) Policy RS2 (Housing Development at Rural Settlements) Policy RS5 (Development at Hamlets and in the Countryside)

Medway Towns Local Plan 1992

Policy C1 (Rural Areas) Policy C2 (Redevelopment of Redundant Buildings) Policy T13 (Car Parking) Policy B16 (New development) Policy B18 (New Residential Development)

DC0902MW 17

Medway Local Plan (Deposit Version) 1999

Policy BNE1 (General Principles for New Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Standards) Policy BNE26 (Development in the Countryside) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

The main issues for consideration arising from this proposal relate to whether it is acceptable in principle, its impact upon the amenity of local residents and whether it is acceptable in highway terms.

Matters of Principle

The site lies outside the built confines of the village of Grain, as identified on the Proposals Maps to both the adopted Local Plan and the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). The proposal, therefore, falls to be assessed under Policy RS5 of the Structure Plan, Policy C1 of the adopted Local Plan and Policy BNE26 of the emerging Local Plan. These policies contain a presumption against development in the rural area unless certain specified criteria can be met. Policies C1 and Policy BNE26 also state that development in the countryside should be: well designed; appropriate in location, scale, density and appearance to its surroundings; acceptable in highway and infrastructure terms; accord with countryside conservation policies; and preserve and where possible, enhance the character, amenity and functioning of the countryside. In addition Policy C2 of the adopted Local Plan contains a presumption against the redevelopment of redundant buildings in the countryside unless the proposal meets the following criteria: -

i) the existing buildings are incapable of reasonable economic conversion or re- use; ii) the existing buildings are by virtue of their condition, appearance or use of a nature which substantially detracts from the character of the rural area; and iii) the design and scale of the proposed development and the nature and level of the activity is sympathetic to the character of the rural area and will not in itself give rise to further encroachment or increase in activity that would be detrimental to rural planning considerations.

The existing building, although located outside the village, was previously used to provide a service to the local community. Changing economic circumstances mean that such a use in this location is no longer viable and the building can no longer be used for its original purpose. The applicant’s agent advises that the building has been on the market for several months, with little interest in its continued occupation as a public house and no firm offers have been made. By reason of its size the building in itself is not capable of conversion to residential use. The building is structurally sound and does not in itself detract from the character of the area by reason of its condition. It is, however, of no visual value in terms of design and appearance and if it remains unused for any length of time could become an eyesore through dereliction. The redevelopment of the site would, therefore provide an opportunity to improve the appearance of the site.

DC0902MW 18 The total ground cover of the four dwellings would be less than that of the existing building. Under the revised indicative scheme the houses have been sited with a space of 15 metres between each pair and between the end property and the bungalow immediately to the south of the site, thus giving the impression of a low density scheme. The appropriate choice of materials, including hard surfacing materials and landscaping will ensure that the rural appearance of the area is maintained.

Having regard to the above-mentioned considerations, the proposal is viewed as representing an acceptable exception to the normal presumption against permitting new development within the rural area.

Amenity Considerations

The proposed development would not have an adverse impact on the amenities of any neighbouring properties and it is considered that the site can be developed in a manner that will respect the character of the area. The proposal, therefore, complies with the provisions of Policies ENV1, RS1 and RS2 of the Structure Plan, Policies C1, B16 and B18 of the adopted Local Plan and Policies BNE1, BNE2 and BNE26 of the emerging Local Plan.

There is likely to be some potential for noise disturbance to prospective residents arising from the use of the access road and conveyor system serving the adjoining mineral extraction site. Although the conveyor belt is some distance from the site, it would be clearly audible, even if the site were to be screened by a 2 metres high fence. The number of vehicles using the road is not significant and the extraction site only operates between the hours of 0700 to 1800 (Mondays to Fridays) and 0700 to 1300 on Saturdays. There is also the potential for noise from the nearby overhead power lines. The level of disturbance from these activities is considered insufficient to justify a refusal of planning permission and is likely to be capable of being adequately addressed with the installation of acoustic glazing. It is therefore recommended that a condition is attached to any forthcoming planning permission requiring an acoustic appraisal to be undertaken in accordance with the provisions of Policy BNE3 of the emerging Local Plan.

Highway Considerations

It is considered that adequate on site parking can be provided to satisfy the requirements of the adopted parking standards and the proposal will, therefore comply with Policy T17 of the Structure Plan, Policy T13 of the adopted Local plan and Policy T12 of the emerging Local Plan. The level of traffic generated by the proposed development would be less than the potential traffic generation from the former public house and the development will not have a significant impact on highway safety and amenity.

Infrastructure Contributions

In the light of the availability of school places in the vicinity of the application site, there is no requirement to seek an educational facilities contribution from this development.

The application is recommended for approval, subject to it being referred to the Secretary of State as a departure from the Development Plan.

DC0902MW 19

4. MC2001/1638

Date Received: 24th September 2001

Location: High Leas, Broom Hill Road, Strood, Rochester, Kent, ME2 3LE

Proposal: Demolition of dwelling and construction of two 4-bedroomed detached houses with attached garages

Applicant: Orchard Plumbing Developments Orchard View Gorse Road Strood Rochester Kent

Agent: Mr M Stolton Mendip Ridge Thorn Road Marden Kent TN12 9EJ

Ward: Rede Court

Recommendation - Approval with Conditions

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the buildings are occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows other than those shown on the drawings herein approved shall be installed in the flank walls of the dwellings without the prior written approval of the Local Planning Authority.

5 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include hard surfacing materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

DC0902MW 20 6 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

7 Details of the specification and position of fencing and any other measures to be taken for the protection of any retained tree from damage before or during the course of the construction works shall be submitted to and approved by the Local Planning Authority. The approved protection measures shall be installed in accordance with the approved details and shall thereafter be retained for the duration of the construction works.

8 Details of the existing and finished ground and slab levels shall be submitted to and approved in writing by the Local Planning Authority before any development is begun and the development shall be carried out strictly in accordance with the approved details.

9 The area shown on the permitted drawings for vehicle garaging shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Site Description

The site is in Broomhill Road and is currently occupied by a detached bungalow set back from the road. In the front garden there are a group of trees comprising a flowering Cherry, a group of three purple leafed maples and a walnut tree. These trees add considerably to the visual character of this part of the street scene and the walnut and maples became the subject of a provisional Tree Preservation Order (TPO) on 7th December 2001. To the right of the site is Willow Court, a modern detached bungalow. On the boundary with Willow Court there is a 2 metre high fence where the land falls by approximately 2 metres. There are a number of windows in the side elevation of Willow Court.

On the opposite boundary there is a detached garage within the application site and then the detached bungalow at number 6 Pepys Way. There is an existing secondary lounge window in the flank elevation that looks towards the existing garage on the application site. To the rear of the site there is a tall tree screen beyond which the land drops dramatically to the properties in Jersey Road. From the rear elevations of these properties the site is well screened.

DC0902MW 21

Proposal

This application proposes the demolition of the existing bungalow and garage and the construction of two 4 bedroomed detached houses with attached garages. In effect the proposal divides the plot in half and each house occupies half of the site. Plot one will use the existing access onto Broomhill Road and a new access is proposed for plot two. All the trees and shrubs on the site’s boundaries are to be retained. Consequently the trees to be protected by the TPO will not be affected by these proposals.

Site Area/Density

Site area: 0.12 ha (0.3 acres)

Site density: 16.6 dph (6.66 dpa)

Representations

Neighbour notification letters have been sent to the owners and/or occupiers of: 6 Pepy's Way; 11a, 11 and 13 Jersey Road; and number 6 and Willow Court, Broomhill Road. The application has also been advertised by means of a site and press notice.

8 letters of objection have been received making the following comments:

- the development is not in keeping with the surrounding properties and result in the loss of light;

- the height of the buildings would overshadow neighbouring properties;

- the buildings would be too large and the proposal amounts to an over development of the site;

- the development will give rise to a loss of privacy;

- development is contrary to guidance in PPG1&3 and advice in Kent Design Guide and is a form of town cramming;

- the proposal will generate additional traffic hazards;

- construction traffic will give rise to noise and fumes;

- mud and spoil will be generated during the construction works; and

- the proposal would breach a covenant on the land.

In addition a petition of 80 signatories has been received objecting to the proposal for the following reasons:

- the proposal will be detrimental to the street scene and is of an inappropriate design; - the proposed houses are too large and high; - the access arrangement will adversely affect other road users; and

DC0902MW 22 - the proposal represents an over intensive use of site.

An additional letter of representation has been received reiterating concerns about overlooking and suggesting that a bungalow or chalet bungalow development would be more appropriate.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

Medway Towns Local Plan 1992

Policy H8 (Residential In-filling) Policy B16 (New Development) Policy B18 (Design for New residential Development) Policy T13 (Parking Standards)

Medway Local Plan (Deposit Version) 1999

Policy H5 (Housing in urban Areas) Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T12 (Parking Standards)

Planning Appraisal

The main issues for consideration arising from this proposal are its impact upon the amenity of the adjoining neighbours and the street scene in general.

Amenity of the adjoining neighbours.

It is considered that the two properties most affected are number 6 Pepys Way and Willow Court. The window in the side elevation of number 6 is a secondary lounge window. The parts of the new property nearest the boundary with this window would be the garage to plot one. It is considered that it would be set at a sufficient distance away for there not to be any material loss of daylight or sunlight to this window. However the view from this window would be different in that the new house, which would have more bulk than the existing bungalow, would be closer to it than the existing property. Nevertheless, it is considered that this relationship would not cause any demonstrable harm to the occupiers of Number 6.

The windows in the side elevation to Willow Court are already screened by a 1.8 metre high fence and will lie behind the proposed garage for plot 2 and so would not be affected by it. The main bulk of the new house would be approximately 6 metres away from side elevation to the Willow Court and its presence would not cause any material harm to the occupiers of the bungalow.

DC0902MW 23 The properties that lie directly behind the application site would not be adversely affected by the development because the landfalls significantly and the new houses would not be readily visible. In addition there is a tall tree screen.

It is therefore considered that the proposal would have no adverse impact upon the amenities of the occupiers of the immediately adjoining properties and the application is therefore viewed as being in accordance with the provisions of Policy ENV15 of the Structure Plan, Policies H8, B16 and B18 of the adopted Local Plan and Policy BNE2 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan).

Street scene

There has been a great deal of concern raised from residents regarding the design of the proposed houses. The immediate street scene mainly comprises bungalows (ie the properties on either side of the application site) but as a consequence of the changing ground levels and the street pattern, there is no regular or dominant building form. From the front the proposed houses would have the appearance of chalet bungalows. The roofs to the new houses would only be slightly higher than the bungalows on either side and the scale of the new dwellings will not look out of place with the character of the street. The design of the roof will further soften the mass of the proposed houses when they are viewed along with the other properties in the street. In addition the trees to the front of the site will significantly screen views of the houses from the public highway.

The proposal will have no detrimental impact upon the character or appearance of the street scene and the application is therefore viewed as being in accordance with the provisions of Policy ENV15 of the Structure Plan, Policies H8, B16 and B18 of the adopted Local Plan and Policy BNE1 of the emerging Local Plan.

With respect to parking provision, each house would have 2 spaces available to it. This level of provision satisfies the requirements of the adopted parking standards and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan and Policies T13 and T12 of the adopted and emerging Local Plans.

The application is considered to be acceptable in all regards and is accordingly recommended for approval.

DC0902MW 24

5. MC2001/1683

Date Received: 14th September 2001

Location: 175 (plot 4) Church Street, Cliffe, Rochester, Kent, ME3 7QB

Proposal: Revised design for one dwelling pursuant to outline planning permission ME/98/0628/MR.

Applicant: Sherwood Projects Limited Courtyard House 30 Worthing Road Horsham West Sussex RH12 1SL

Agent:

Ward: Thames Side

Recommendation - Approval with Conditions

(as amended by drawing no. 120J received on 12th December 2001)

1 The area shown on the permitted drawings for vehicle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Site Description

This application relates to part of the site of the former Cliffe Service Station, which has now been demolished and redeveloped (pursuant to the provisions of planning permission ME/98/0628/MR) by the construction of four detached houses, two fronting onto Church Street and two to the rear. The current application relates specifically to one of the houses to the rear of the redevelopment site, which as approved comprises living accommodation and a single integral garage on the ground floor, and three bedrooms and a bathroom on the first floor.

Proposal

The current application is for the conversion of the previously approved garage into a study. Two parking spaces are shown within the curtilage of the house.

Relevant Planning History

ME/98/0628/MR Outline application for the demolition of garage buildings and the erection of four detached houses. Approved 9th June 1999.

DC0902MW 25 MC1999/5590 Details pursuant to outline planning permission ME/98/0628/MR for the demolition of the existing petrol station and the erection of four houses. Approved 13th December 1999.

Representations

Cliffe and Cliffe Woods Parish Council has written objecting to the application on the grounds of the lack of parking.

Development Plan Policies

Kent Structure Plan 1996:

Policy T17 (Parking Standards)

Medway Towns Local Plan 1992:

Policy B19 (Residential extensions) Policy T13 (Parking Standards)

Medway Local Plan (Deposit Version) 1999:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

The proposal is for a minor alteration to a recently constructed dwelling and the issues to be addressed are the change to the appearance of the building and the level of parking provision.

In visual terms the only alteration is the replacement of a garage door with a window and subject to the use of matching materials, this change will have no adverse impact on the appearance of this property or the surrounding area. No objection is therefore raised to the application under the terms of Policy B19 of the adopted Local Plan and Policy BNE1 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan).

Although the application would result in the loss of one parking space in the garage, the submitted drawings, as amended, show two spaces within the curtilage of the property. This level of parking provision complies with the provisions of the adopted vehicle parking standards and accordingly no objection is raised to the application under Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy T12 of the emerging Local Plan.

The application is recommended for approval.

[This application would normally fall to be determined under Officers delegated powers, but is being reported for Members’ consideration because of the representation from the Parish Council.]

DC0902MW 26 [This application was considered by Members at the Area Development Control Sub- Committee (West) on the 30th January 2002 when it was determined to defer a decision to enable a Members’ Site Meeting to be held].

DC0902MW 27

6. MC2001/1777

Date Received: 12th October 2001

Location: 143 High Street, Strood, Rochester, Kent, ME2 4TJ

Proposal: Display of externally illuminated fascia signs and projecting sign and one internally illuminated sign

Applicant: Domino's Pizza Group Ltd Lasborough Road Kingston Milton Keynes MR10 0AB

Agent: Hatrell and Partners 1 Copthall House Station Square Coventry CV1 2FQ

Ward: Earl

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The illumination of the display hereby permitted shall be constant.

Site Description

143 High Street is a three storey (with attic) Edwardian property, with a return frontage to Commercial Road. The building is L-shaped with a yard area to the side and rear adjoining 141. This yard is capable of accommodating 4 cars and has a vehicular access onto Commercial Road. The ground floor is currently undergoing conversion works following the granting of planning permission on appeal for a hot food takeaway (Class A3) under file reference MC2000/1068. The upper floors are being converted into flats under the provisions of planning permission MC1999/5104.

DC0902MW 28

The surrounding area is predominantly commercial with shop, professional services and takeaways.

Proposal

The proposal is for the installation of: illuminated fascia signs on both the High Street and Commercial Road frontages; and a projecting sign on the corner. The projecting sign would measure approximately 0.4 metre square and be set at 45 degrees. It would project a maximum of 0.9 metre and be 0.6 metre high. The proposed signage is of a corporate design and has a red, blue and white colour scheme.

[An application for a new shop front and extraction equipment has been submitted under application MC2001/1797 which appears as the following item on this agenda.]

Relevant Planning History

ME/78/77/AT Illuminated double-sided projecting sign. Approved 18th December 1978.

ME/96/0021/AT Retention of 2 by 5 sheet wall mounted advertisement panels. Approved 15th July 1996.

ME/97/0448 Conversion of upper floors, including attic area, into 3 flats, erection of single storey rear store extension and installation of external staircase. Approved 13 August 1997.

MC1999/5104 Conversion of upper floors into three flats, with the construction of a three storey rear extension and raising of roof to create additional accommodation in attic. Approved 23rd September 1999.

MC2000/1068 Change of use from Class A1 shop to shop for the sale of hot food (Class A3). Refused 25th October 2000. Appeal allowed 13th March 2001.

MC2001/1797 Installation of new shop front, extract ventilation system and external air conditioning condensers together with alterations to rear elevation. Reported elsewhere on the agenda.

Representations

No properties would be affected by the signs and therefore no consultations have been undertaken.

No representations have been received.

DC0902MW 29 Development Plan Policies

Medway Towns Local Plan 1992:

Policy B23 (Advertisements)

Medway Local Plan (Deposit Version) 1999:

Policy BNE11 (Advertisements)

Planning Appraisal

The proposal falls to be assessed against the provisions of Policy B23 of the adopted Local Plan and Policy BNE11 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). The submitted proposals are viewed as being in accordance with the aforementioned policies insofar as they: relate to the premises on which they are to be displayed; are in scale with the shop front and fascia; would not result in visual clutter; and would not constitute a road safety hazard.

The application is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but is being reported for Members’ consideration at the request of Councillor Hubbard because of the premises previous Appeal history.]

DC0902MW 30

7. MC2001/1797

Date Received: 16th October 2001

Location: 143, High Street, Strood, Rochester, Kent, ME2 4TJ

Proposal: Installation of new shopfront, extract ventilation system and external air conditioning condensers together with alterations to rear elevation

Applicant: Domino's Pizza Group Ltd Lasborough Road Kingston Milton Keynes MK10 OAB

Agent: Mr B S Croom Hattrell And Partners 1 Copthall House Station Square Coventry CV1 2FQ

Ward: Earl

Recommendation - Approval with Conditions

(as amended by plans received on 18th January 2002)

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 Details and samples of the stall riser tiling shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

Site Description

143 High Street is a three storey (with attic) Edwardian property, with a return frontage to Commercial Road. The building is L-shaped with a yard area to the side and rear adjoining 141, which is capable of accommodating 4 cars and has a vehicular access onto Commercial Road. The ground floor is currently undergoing conversion works following the granting of planning permission on appeal for a hot food takeaway (Class A3) under file reference MC2000/1068. The upper floors are being converted into flats in accordance with planning permission MC1999/5104.

The surrounding area is predominantly commercial with shop, professional services and takeaway uses.

Proposal

The proposal is to install a new shop front and an extract ventilation system on the rear, south facing elevation. The flue, as shown on the amended drawing, would exit the building at approximately 2 metre above ground level and rise to approximately 1 metre above the ridge.

DC0902MW 31 Relevant Planning History

ME/78/77/AT Illuminated double-sided projecting sign. Approved 18th December 1978.

ME/96/0021/AT Retention of 2 by 5 sheet wall mounted advertisement panels Approved 15th July 1996.

ME/97/0448 Conversion of upper floors, including attic area, into 3 flats, erection of single storey rear store extension and installation of external staircase. Approved 13 August 1997.

MC2000/1068 Change of use from Class A1 to shop for the sale of hot food (Class A3). Refused 25th October 2000. Appeal allowed 13th March 2001.

MC2001/1777 Display of externally illuminated fascia signs and projecting sign and internally illuminated sign. Reported elsewhere in this agenda.

Representations

No properties would be affected by the proposal and therefore no consultations were necessary.

No representations received.

Development Plan Policies

Medway Towns Local Plan 1992:

Policy B16 (New development) Policy B22 (Frontages and fascias)

Medway Local Plan (Deposit Version) 1999:

Policy BNE1 (General principles for built development) Policy BNE2 (Amenity protection) Policy BNE10 (Design of commercial frontages)

Planning Appraisal

The proposed shop front falls to be assessed under Policy B22 of the adopted Local Plan and Policy BNE10 of the Medway Local Plan (Deposit Version) 1999, the emerging Local Plan. The proposed shop front is viewed as being in accordance with the aforementioned policies insofar as it: respects the character of the building and of neighbouring buildings;

DC0902MW 32 would not obscure or result in the loss of any features on the building; would not be unduly large or prominent; and would respect the character of the area.

The external flue and other alterations fall to be assessed against Policy B16 of the adopted Local Plan and Policies BNE1 and BNE2 of the emerging Local Plan in terms of their impact upon the character and appearance of the locality and upon the amenities of the occupiers of neighbouring properties. In this regard it is considered that they would not have an adverse impact in visual terms and that the flue, as shown on the amended drawing, will not cause any detriment by way of odours.

The application is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers, but is being reported for Members’ consideration at the request of Councillor Hubbard because of the premises previous Appeal history.]

DC0902MW 33

8. MC2001/1949

Date Received: 15th November 2001

Location: Court Lodge, Lower Rochester Road, Rochester, Kent, ME3 8EH

Proposal: Retrospective application for construction of a detached pool/leisure room

Applicant: Mr & Mrs Mangal Court Lodge Lower Rochester Road Frindsbury Rochester Kent

Agent: Mr N Sands Nigel Sands and Associates 153 London Road Sittingbourne Kent

Ward: Frindsbury Extra & Chattenden

Recommendation - Approval with Conditions

1 The northern elevation of the building shall be rendered in accordance with details to be submitted to the Local Planning Authority for written approval within one month of the date of this permission. The northern elevation shall be rendered in accordance with approved scheme of details within two months of the date of the Local Planning Authority's written approval for this detail being given.

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows shall be installed in the northern elevation of the building herein approved without the prior written approval of the Local Planning Authority.

Site Description

The application relates to the site of Court Lodge, a residential property set on the eastern side of Lower Rochester Road Frindsbury. Court Lodge is set within substantial grounds, with mature trees and hedges to the boundaries, and is currently being extended under the terms of planning permission MC2000/0471.

The application property is bounded to the north by the Sole Street Farm complex which comprises a farm house and a number of former farm buildings that have been converted in to residential accommodation.

Proposal

Retrospective planning permission is sought for the construction of an outbuilding to the rear (east) of the property, to be occupied as a health and fitness suite. The building, recently completed, measures approximately 12.6 metres in length (including overhanging eaves) and 9 metres in width. The eaves are set approximately 2.4m above ground level, with a pitched roof rising to 4.25 metres at its ridge.

DC0902MW 34

The building is situated to the east, behind the main property, adjacent to the northern boundary.

[It should be noted that this building does not benefit from permitted “Development Rights” and therefore requires planning permission because its height exceeds 4 metres.]

Relevant Planning History

MC2000/0471 Extensions to side, front and first floor to convert bungalow into house Approved May 2000

Representations

Notification letters have been sent to the owners and occupiers of: 2-7 (consec) Sole Street Farm, Sole Street Farm House and the Sole Street Residents’ Association, Lower Rochester Road.

Frindsbury Extra Parish Council has written raising no objecting to the application, but wishes to see the building screened by landscaping. The Parish also has concerns about a gas flue that discharges on the party boundary and the building’s proximity to a gas main.

The Residents’ Association has written objecting on the grounds that the materials and finishes that have been used are incongruous in the street scene.

Two further letters have been received from occupiers of neighbouring properties also objecting to the materials that have been used.

Development Plan Policies

Medway Towns Local Plan 1992

Policy B16 New Development Policy B19 Design Standards for Residential Extensions

Medway Local Plan (Deposit Version) 1999

Policy BNE1 General Principles for Built Development Policy BNE2 Amenity Protection

Planning Appraisal

The principle of extensions and alterations to existing residential properties, including the construction of outbuildings is generally accepted under the provisions of Policy B19 of the adopted Local Plan and Policy BNE1 of the Medway Local Plan (Deposit Version ) 1999 (the emerging Local Plan). These Local Plan policies state that additions such as this will be permitted as long as they are acceptable in relation to the scale of the existing property, are not out of keeping with the street scene and do not cause unacceptable harm to residential amenity.

Whilst the proposed outbuilding is substantial in size and situated close to the side boundary, it would normally be classed as permitted development, and as such would not require

DC0902MW 35 consent. In this case, however, consent is required because the ridge height of the roof exceeds the “permitted development” allowance by approximately 250mm.

In streetscape terms the design of the building is considered to be acceptable. The pitched roof finishes the construction appropriately, whilst fenestration in the elevations facing into the site break up those faces of the building. The northern elevation of the building which fronts the properties at Sole Street Farm has been constructed in block work and it is considered that this should be rendered to enhance the appearance of the building when it is viewed from outside the site. A condition is therefore recommended in this regard.

In terms of the impact of the development on the amenities of the occupiers of neighbouring properties, the outbuilding is adjacent to the properties at Sole Street Farm. The outbuilding does cast a shadow in the direction of these residential properties, however this should be taken in the context of the shadows previously cast by the trees and hedges set along the boundary. Similarly the massing of the building and its visual impact upon the occupiers of the neighbouring properties should be viewed in this context and is not of a scale to warrant the refusal of planning permission. No windows are present in the northern elevation and no loss of privacy will therefore arise. In this respect it should also be borne in mind that this building only requires planning permission because its height is 250mm above the permitted development threshold.

The application is therefore viewed as being in accordance with the aforementioned Development Plan policies and is therefore recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but is reported for Members’ determination because of the number of representations that have been received.]

DC0902MW 36

9. MC2001/1982

Date Received: 21st November 2001

Location: Rear of 28 Hollywood Lane, Wainscott, Rochester, Kent, ME3 8AL

Proposal: Construction of one 4-bedroomed detached house with attached garage

Applicant: Mr J Goodwin 28 Hollywood Lane Rochester Kent

Agent: Mr C W Luther Architectural Consultants 313a Broadway Bexleyheath Kent DA6 8DT

Ward: Frindsbury Extra & Chattenden

Recommendation - Approval with Conditions

(as amended by letter received on 7th February 2002)

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

4 The first floor windows on the rear elevation shall have a cill height of a minimum of 1.6 metres above floor level and shall be maintained at such height for the duration of the development hereby permitted.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows other than those shown on the drawing herein approved shall be installed in the rear wall of the proposed dwelling herein approved without the prior written approval of the Local Planning Authority.

6 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include means of enclosure and hard surfacing materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations

DC0902MW 37 associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

8 Vision splays of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access point and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays.

9 The area shown on the permitted drawings for vehicle parking and garaging shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Site Description

This application relates to the far end of the rear garden to 28 Hollywood Lane, fronting onto Leigh Road. The application site measures approximately 19 metres wide by 20.7 metres in depth and is enclosed on the western side, fronting Leigh Road, by a 1.8 metre high wooden panel fence supported by brick piers. This fence is set back approximately 1 metre from the back edge of the footpath. Between this fence and the footpath there is a landscaping strip which forms part of the application site. To the north, adjoining 2 Leigh Road, a newly constructed house, there is a 1.8 metre high fence with a trellis on top. There is a low fence along the eastern boundary, adjoining the rear garden to 26 Hollywood Lane, although there are some small trees and shrubs along this boundary. There is also a poplar tree within the garden of the application property, close to this boundary, which would need to be removed if the proposed development were to go ahead.

Proposal

The submitted application is for the construction of a detached four-bedroom house with attached single garage. The house would occupy the same building line as the neighbouring property to the north at 2 Leigh Road, but would not project so far to the rear, giving the proposed house a rear garden of 9 metres in depth. Although the garage and utility room would be tight to the boundary to the neighbouring property, the two-storey element of the building would be 2.7 metres away and there would be a gap of 6.2 metres to the southern boundary. The applicant has agreed to an amendment to provide high level windows on the first floor rear elevation, to reduce the potential for the overlooking of the rear gardens to 24 and 26 Hollywood Lane.

DC0902MW 38 Site Area/Density

Site area: 0.04 hectare (0.1 acre) Site density: 25 d.p.h. (10 d.p.a.)

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners/occupiers of 1 and 2 Leigh Road and 26 and 32 Hollywood Lane.

Frindsbury Extra Parish Council has written objecting on the grounds of:

- loss of amenity to surrounding houses; and

- the proposal would result in an additional access onto Leigh Road close to Hollywood Lane.

The Dickens Country Protection Society has written objecting on the grounds that the proposal constitutes back land development.

Letters have been received from the occupiers of five nearby residences objecting on the grounds of:

- loss of outlook;

- loss of a landscaped amenity area;

- loss of light to ground floor windows and gardens to neighbouring properties;

- overshadowing;

- loss of privacy;

- back land development;

- inadequate access;

- development would be out of character;

- disturbance to wildlife in garden; and

- no need for more houses in the are.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T17 (Vehicle Parking)

DC0902MW 39 Medway Towns Local Plan 1992

Policy H8 (Residential Infilling) Policy T13 (Car Parking) Policy B16 (New Development) Policy B18 (New Residential Development)

Medway Local Plan (Deposit Version) 1999

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy H5 (Housing in Urban Areas) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

The principle of development

The application concerns an infill plot within an urban area and the principle of the development accords with Policies H8, B16 and B18 of the adopted Local Plan and Policy H5 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan).

Design, appearance and impact on the character of the area

The proposed dwelling, would amount to a southward extension to the recently completed Crest Homes development in Leigh Road, but would still leave a gap of over 30 metres between its flank wall and the rear of number 28 Hollywood Lane, thereby maintaining the separation between the frontage development and the new development to the rear. The design of the new house would respect that of the neighbouring development. Adequate private garden space would be provided to the rear and the side of the proposed house and a substantial garden to the rear of 28 Hollywood Lane would also be retained. A small holly tree and a poplar tree would be lost as a result of the development, but neither of these are of sufficient amenity value to merit retention. In terms of design and appearance, the development is considered to be acceptable and accords with Policy ENV15 of the Structure Plan, Policies H8, B16 and B18 of the adopted Local Plan and Policy H5 of the emerging Local Plan

Amenity considerations

The effect of the proposal on the amenities of the occupiers of the neighbouring properties in terms of loss of privacy, daylight and sunlight falls to be assessed under Policy B18 of the adopted Local Plan and Policy BNE2 of the emerging Local Plan. The potential overshadowing of the proposed house has been assessed and it has been established that there would be some overshadowing to the front of number 2 Leigh Road, which is already in shadow in the morning period. There would be minimal additional overshadowing to the rear garden of that property after 1.00 p.m., but again, this would already be in shadow. The passage to the side of that property would be in shadow all day, but this passage is already in shadow as a consequence of the presence of the existing boundary fence. There are two small windows on the flank wall of 2 Leigh Road, but these are not main windows serving habitable rooms. There should be no overshadowing to the rear garden of 26 Hollywood Lane, until 4.00 p.m.

DC0902MW 40 The application, as originally submitted, had the potential to cause neighbourly overlooking to the rear gardens of 24 and 26 Hollywood Lane. However, this has been addressed by amending the application to include the provision of high level windows in the rear elevation.

The application is therefore viewed as being in accordance with the provisions of the aforementioned Development Plan policies.

Highways/parking

The adopted Vehicle Parking Standards (as maxima) require the provision of an average of 1.5 spaces per dwelling. The submitted drawing shows parking for two cars, one in the garage and one on the drive. Having regard to the site’s location in a suburban area, this level of provision is considered to be acceptable and no objection is raised to the proposal under Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy T12 of the emerging Local Plan.

The application is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers, but has been reported for Members’ consideration because of the level of representations that have been received.]

DC0902MW 41

10. MC2001/2018

Date Received: 28th November 2001

Location: 137 New Road, Chatham, Kent

Proposal: Construction of a block of 36 2-bedroomed flats with car parking at ground level

Applicant: Globe Gale Associates Ranfold Grange Slinfold Horsham West Sussex RH13 7RL

Agent: Kennedy Haywards 139 Greenwich High Road London SE10 8JA

Ward: Town

Recommendation – Approval Subject to:

A. The applicant entering into an agreement under Section 106 of the Town and Country Planning ACt 1990 to secure a contribution of £49,700 towards the improvement of school facilities in the area; and

B. the imposition of the following conditions:

(as amended by plans received on 31st January 2002)

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

3 The buildings hereby permitted shall not be occupied until underground ducts have been installed by the developer to enable telephone, electricity and communal television services to be connected to any premises within the site without recourse to the erection of distribution poles and overhead lines and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking and re- enacting that Order), no distribution pole or overhead line shall be erected within the area except with the express written consent of the Local Planning Authority.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the building is occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

DC0902MW 42 5 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include existing and proposed ground levels; means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures (e.g. refuse or other storage units, signs, lighting etc). Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

6 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

7 The parking and vehicle manoeuvring areas within the site shall be lit in accordance with a lighting scheme installed on site before occupation of any building on site in accordance with details submitted to and approved in writing by the Local Planning Authority.

8 The area shown on the permitted drawings for vehicle and cycle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

9 Means of vehicular access to the development hereby permitted shall only be from Church Street.

10 Vision splay(s) of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access point(s) and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splay(s).

11 Before the development hereby permitted commences, a scheme of acoustic protection for occupiers of the flats against road traffic noise shall be submitted to the Local Planning Authority for written approval. All the works which form part of that approved scheme shall be completed in accordance with the approved scheme of works before any of the flats are occupied and thereafter retained for the duration of the occupation of the building.

12 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion

DC0902MW 43 report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Authority prior to first occupation of the development hereby permitted.

Site Description

The application site is situated between the dual-carriageway section of New Road (to the south) and Best Street (the Chatham ring road) to the north. To the east of the site is Church Street, which is fronted by a small parade of commercial units. To the west is Copperfield House, a large block of flats.

The site is on a prominent corner, visible from both the ring road and New Road. The High Street area of Chatham is just to the north. The site is currently used as a car park and until recently was surrounded by advertising hoardings, which have been removed following enforcement action.

Although the site itself is fairly flat, the area in general slopes downwards from the south east to north west. There is a retaining wall to the south of the site, where New Road is up to 3.25 metres higher than the site.

Proposal

Full planning permission is sought for the construction of a part 5-storey and part 6-storey block of 36 2 bedroomed flats, with 37 parking spaces. The building would be of a contemporary design, utilising a combination of bricks and profiled panelling. Vehicular access will be via the existing entrance on Church Street. The parking area is towards the north of the site and under part of the northern side of the building.

The ground floor of the building includes two pedestrian entrances, to the northern and eastern elevations. Cycle and bin storage facilities are to be located on the ground floor, with the habitable accommodation being at first floor level and above.

[It is to be noted that outline planning permission for a block of 36 flats, under application reference MC2001/0447, is subject to a resolution to approve subject to the completion of a Section 106 Obligation for an education facilities contribution.]

Site Area and Density

Site Area: 0.15ha (0.37acre) Density: 240 units per hectare (97.3 units per acre)

Relevant Planning History

ME75/1019 Outline application for the erection of 9,999 sqft of office accommodation with parking spaces and means of access. Approved 17th June 1976

ME/76/538 Outline application for the erection of 14,999 sqft of office accommodation with parking and means of access. Approved 25th November 1976

DC0902MW 44

ME/78/197 Outline application for the erection of 29,900 sqft of office accommodation with parking spaces and means of access. Approved 7th July 1978

AT/ME/81/04 Non-illuminated hoarding Approved 19th May 1981

ME/78/197/A Renewal of outline consent for 29,900 sqft of office accommodation Approved 23rd June 1981.

ME/78/197/B Renewal of outline consent for 29,900 sqft of office accommodation Approved 17th November 1987.

ME/88/1140 Erection of three storey building containing 18 two room flats and 6 three room flats. Approved 13th December 1988.

ME/92/0035 Outline application for the erection of a petrol filling station with retail area. Refused 5th January 1993. Allowed on appeal 2nd July 1993.

ME/93/0009/AT Retention of eleven 48 sheet advertisement panels Approved 15th April 1993.

MR/93/0827 Renewal of planning permission for 18 two room flats and 6 three room flats. Approved 25th January 1994.

ME/96/0343 Renewal of outline permission for petrol filling station. Approved 17th July 1996.

MC/98/0284MG Retention of 11 no. 48 sheet advertisement panels Refused 12th July 2000.

MC99/0080 Outline application for the erection of 44 sheltered flats Approved 25th May 1999.

MC2000/0412 Outline application for the construction of a block comprising 2 retail units at ground floor level with 24 flats above. Approved 18th July 2000.

Advert Notice requiring removal of Hoardings Discontinuance Served 10th August 2000 Notice Appeal Dismissed 27th February 2001 Now complied with.

MC2001/0447 Outline Application for the construction of one block of 36 flats Approved subject to S106 agreement 23rd May 2001

DC0902MW 45

Representations

The application has been advertised in the press and on site as a major development. In addition, notification letters have been sent to the owners and occupiers of: 139, 141, 143, 145, 147, 149, The PDSA and 1-28 Copperfield House, New Road; The Medical Centre at 29, 31-87 (consec) and the Chapter Crest public house Bryant Street; and the Salvation Army Hall Whittaker Street.

One letter of objection has been received raising concern in terms of additional pressure on parking in the area.

Southern Water and the Environment Agency have written raising no objection to the application.

The Police Architectural Liaison Officer has written advising that the scheme addresses crime prevention and security well.

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment) Policy T17 (Parking Standards) Policy T19 (Accesses onto the Secondary Route Network)

Medway Towns Local Plan 1992:

Policy B13 (Environmental Enhancement) Policy B16 (New Development) Policy B18 (Residential Development) Policy T1 (Impact of Development on the Highway Network) Policy T2 (Access to the Highway Network) Policy T13 (Parking Standards)

Medway Local Plan (Deposit Version) 1999:

Policy H5 (High Density Housing) Policy H6 (Housing in Urban Areas) Policy BNE1 (General Principles Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise) Policy T1 (Impact of Development upon the Highway Network) Policy T2 (Access to the Highway Network) Policy T12 (Parking Standards)

Planning Appraisal

Policy Principles

The site is situated in a central area of Chatham, close to the town centre. In such locations, proposals for high-density residential development are acceptable in principle. In addition,

DC0902MW 46 there is a history of approvals for residential development on the site, including an outline approval for 36 flats (the most recent approval) and a scheme for 44 sheltered flats (approved in 1999).

Urban Design & Architectural Merit

The proposed building is of a high quality modern design using contemporary materials and detailing such as cedar, render, brick and glass block to create a well-defined image. All elevations are suitably expressed in terms of function and activity, whilst the use of balconies, projecting porches over the entrances and the use of fenestration add additional interest to the building.

The ground floor of the building would be occupied by under-croft parking and bin and cycle storage. The north side of the building’s recessed area is treated in glass blockwork, allowing natural light to filter into the ground floor corridor and encouraging security by allowing natural surveillance.

A roof garden is proposed on the lower part of the roof space, providing a communal amenity for prospective occupiers. In addition, it is proposed to landscape the external areas around the building. The existing flint and stone wall to the southern boundary would be retained.

Residential Amenity

The proposed building would be between the Copperfield House flats, situated to the west and the upper-floor accommodation in the Church Street properties. In order to avoid loss of privacy the only windows in the end elevations serving flats would be high-level, allowing light in and adding to the articulation of the elevations without prejudicing privacy. No neighbouring residential properties would suffer from any material loss of light or overbearing as a result of the proposal.

The proposed flats are of a good size, with one double and one single room in each. The flats to the northern elevation have projecting balconies to the living area and master bedrooms, whilst those on the southern side have false balconies comprising french doors with balustrades.

There is a potential for noise disturbance from the road traffic on both sides of the site, and it is therefore recommended that a scheme of acoustic protection be required by condition. This would be likely to consist of the installation of acoustic double-glazing. Overall, the level of amenity provided to the flats would be acceptable.

Access and Parking

The development would be accessed via Church Street and then New Road. This is as approved in the previous application. The cessation of the existing parking use on the site and its replacement with 37 parking spaces to serve the proposed flats is unlikely to result in a substantial increase in the number of vehicular movements. The access and traffic levels would not be prejudicial to highway safety.

DC0902MW 47 The adopted vehicle parking standards for residential developments indicate that up to a maximum of 1.5 parking spaces per unit should be provided. Providing more spaces is unlikely to assist in creating sustainable patterns of development and encouraging travel by means other than the private car. The provision of just over 1 space per unit is viewed as being an acceptable level of provision.

Impact on Community Facilities

It is current practice for developers of residential schemes to contribute towards meeting the additional demand placed on educational facilities. In this case a contribution of £161,950 would normally be sought. However, a previous extant consent (MC2000/0412 approved on 18th July 2000) allowed for the construction of 24 flats with no contribution. This is a material consideration, as this consent could be implemented at any time. It should also be noted that the most recent application (MC2000/0447 also for 36 flats) benefits from a resolution to approve subject to a requirement for the applicant to enter into a Section 106 Obligation for a contribution, based on the up-lift from 24 to 36 flats equating to £49,700. Having regard to this recent site history and the fact that the same number of flats are now proposed, it is recommended that the same approach be taken now and that a contribution of £49,700 should be sought.

Conclusion

In light of the above considerations, the proposal is viewed as being in accordance with the provisions of Policies ENV15, T17 and T19 of the Structure Plan, Policies B16, B18, T1, T2 and T13 of the adopted Local Plan and Policies H5, H6, BNE1, BNE2, BNE3, T1, T2 and T12 of Medway Local Plan (Deposit Version) 1999. The application is therefore recommended for approval subject to the applicant entering into a Section 106 Obligation for educational facilities.

DC0902MW 48

11. MC2001/2032

Date Received: 3rd December 2001

Location: 305, High Street, Rochester, Kent, ME1 1BU

Proposal: Reinstatement of original design windows to front elevation

Applicant: Miss W Adams 305 High Street Rochester Kent ME1 1BU

Agent:

Ward: Town

Recommendation - Approval with Conditions

(as amended by drawing received on 12th February 2002)

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 The replacement joinery shall be installed strictly in accordance with the details shown on the drawing hereby permitted.

Site Description

The application property is situated within Rochester High Street approximately 50 metres to the east of the Railway viaduct. The property is a late Victorian end of terraced house situated within the Star Hill to Sun Pier Conservation Area.

Proposal

The proposal is for replacement windows in the front elevation that will be of a design to replicate those that would have originally been installed when the property was built.

The proposed works would normally constitute “permitted development”, not requiring planning permission. However the Star Hill to Sun Pier Conservation Area is subject to an Article 4 Direction, a direction that seeks to conserve the character of the Conservation Area, with the result that these alterations require planning permission.

Representations

This application has been advertised by means of press and site notices and the following properties and occupiers have been notified: the Lower and upper Floor flats at 307, 336 – 338 and 340, High Street.

No representations have been received.

DC0902MW 49

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment) Policy ENV17 (Conservation Areas)

Medway Towns Local Plan 1992

Policy B4 (Development in Conservation Areas)

Medway Local Plan (Deposit Version) 1999:

Policy BNE13 (Conservation Areas)

Planning Appraisal

There are two issues in this case firstly what affect the proposal has on the visual appearance of the dwelling and secondly what affect the proposal has on the character of the Conservation Area within this property is situated.

The proposal is to reinstate the original windows in the front elevation of the building. Subject to full joinery details being submitted prior to the commencement of the proposed works no objection is raised to the application. The proposal will preserve and enhance the character and appearance of the building and the Conservation Area in general. The application is therefore in accordance with the provisions of Policy ENV17 of the Structure Plan, Policy B4 of the adopted Local Plan and Policy BNE13 of the Medway Local Plan (Deposit Version) 1999.

The application is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers, but is reported for Members, consideration because it has been submitted by a Council employee.]

DC0902MW 50

12. MC2001/2042

Date Received: 29th November 2001

Location: Police Station, Cazeneuve Street, Rochester, Kent, ME1 1XT

Proposal: Installation of 7.5m monopole tower with 3 antennas, 2 dishes and equipment cabin

Applicant: Imperial Place Maxwell Road Borehamwood Herts WD6 1EA

Agent: Mr R Hattersley Commpro Telecommunications Northern Office Unit 4, Wentworth Business Park Maple Road Tankersley South Yorkshire S75 3DP

Ward: Troy Town

Recommendation - Approval with Conditions

(as amended by plans received on 27th December 2001)

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

2 The external colour of the equipment cabin shall match that of the existing plant room on the roof of the building unless any variation is first agreed in writing by the Local Planning Authority.

3 The mast, equipment cabin, satellite dishes and antennae hereby approved shall be removed from the site within one month of the cessation of their use for telecommunication purposes.

Site Description

The application site comprises part of the roof area of Rochester Police Station. The Police Station is a six storey building, the main roof level being approximately 21.9 metres above ground level with a parapet above. There is a plant room on the roof of the police station to which a number of antennae are already attached and these are used by the police service for its own operational purposes.

To the north of the site, on the opposite side of East Row, is the Sentry Cash and Carry warehouse. There are residential flats to the east in Cazeneuve Street, while the St Margaret's at Troy Town Church of England Primary School lies to the south. To the west there are some flats, garages, a club and a car park in Union Street, with the houses beyond in Maidstone Road. The residential properties in Union Street are Grade II Listed Buildings and these buildings together with the land to the north of East Row are also in the Rochester City Centre Conservation Area.

DC0902MW 51

Proposal

It is proposed to install a 7.5 metre high telecommunications lattice tower with two 0.6 metre microwave dishes attached near to the top and 3 small antennae mounted on the top of the tower. The proposed tower would be sited adjacent to the existing plant room towards the north of the police station’s roof. A further two microwave dishes are to be mounted near the north-east and south-east corners of the roof, projecting 1 metre above the roof parapet level.

Representations

The application has been advertised by means of site and press notices and neighbour notification letters have been sent to the owners and occupiers of the following properties: 2- 12 Gravel Walk (even); 1-11(odd) and 27 Cazeneuve Street; 13, 13a, 15, 15a, 17 and 19 King Street; Sentry Cash and Carry, East Row; 25, 25a, 25b & 25c Victoria Street, 2, 4, 6 and the Veterans Club, Union Street; and St Margaret's at Troy Town Church of England Primary School.

19 letters have been received, including letters from the Headteacher and Chairman of the Governors of St Margaret's at Troy Town CE Primary School and the King's School, objecting to the application on the following grounds:

- concerns for health, particularly for children attending St Margaret's at Troy Town School and local residents. There is no evidence that there will be no adverse effect. The Government’s Independent Expert panel that is considering the use of mobile phones has suggested that transmitting beams should not fall on school grounds without agreement from parents. There is already an existing mast in the vicinity and this problem will add to possible health concerns in the area;

- the use of the school’s hall for under 11's football practice will have to be reconsidered;

- what is the need for such a powerful transmitter?; and

- the proposed mast would be unsightly and oppressive and would detract from the adjacent Conservation Area and attractive modern school building;

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV17 (Conservation Areas) Policy T21 (Telecommunications)

Medway Towns Local Plan:

Policy B4 (Development in Conservation Areas) Policy B16 (New Development)

Medway Local Plan (Deposit Version) 1999:

Policy BNE1 (General Principles for Built Development) Policy BNE15 (Development in Conservation Areas)

DC0902MW 52 Policy CF14 (Telecommunications)

Planning Appraisal

The main issues for consideration arising from this proposal are its visual impact and its impact on surrounding land uses.

Visual Impact

The Police Station is located close to, but outside the Rochester City Centre and Victoria Street Conservation Areas. The station is a fairly large and tall building and in itself is of no particular architectural merit. It is difficult to site telecommunications equipment in urban areas and this area of central Rochester is particularly hard because of the proximity of Listed Buildings and Conservation Areas. Coverage plots submitted with the application demonstrate that the proposed mast would fill in coverage gaps in the City Centre, especially around the Cathedral and the Vines, as well as much of Star Hill to the River Medway and a significant part of Troy Town. Government policy (as outlined in PPG8 Telecommunications) seeks to facilitate the growth of telecommunication systems nationally and it is against this background that the visual assessment for this case should be made.

It is to be noted that there is an existing mast on the roof of Yewtree House, a low rise flat block, in Gravel Walk to the east and the appearance of that structure is not ideal. A mast on the much higher and more substantial Police Station would be less obtrusive, particularly when viewed from close by, because the larger scale of this building would help to dissipate its appearance. When viewed from the adjoining Conservation Areas the bulk of the police station would remain the dominant feature and the mast would not interfere with any views into these designated areas. The proposed structure would therefore have no adverse impact upon the setting of the adjoining Conservation Areas. The design of the mast itself has been altered to a lattice form rather than a more solid structure in order to soften its appearance when it is viewed against the skyline. It is therefore considered that this installation would have less of a visual impact than a free standing ground based mast or masts that would probably have to be in the region of 15 metres in height to achieve the same level of coverage. The equipment cabin will have a small impact due to the presence of the larger plant room on the roof and the proposed free standing satellite dishes will have minimal impact due to their small size and distance from the parapet on the roof.

On balance, with the evidence of need for further coverage in this area, it is considered that the visual impact of the mast, in addition to the existing aerials on the Police Station roof, will not cause serious harm to the visual amenities of the area. No objection is therefore raised to the application under the terms of Policies ENV15, ENV17 and T21 of the Structure Plan, Policies B4 and B16 of the adopted Local Plan and Policies BNE1, BNE15 and CF14 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan).

Impact on Surrounding Land Users

St Margaret's at Troy Town Church of England Primary School is located across King Street immediately to the south of the Police Station. Many concerns have been raised in respect of the potential adverse health impacts upon pupils of the school and on local residents in general. Planning Policy Guidance (PPG) Note 8 “Telecommunications” states that '…it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone

DC0902MW 53 base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and any concerns about them…'.

The agent has confirmed that the proposals will comply with the ICNIRP (International Commission on Non-Ionising Radiation Protection) guidelines for public exposure. These guidelines apply a 50-fold safety margin for continuous exposure of the general public to electromagnetic fields, providing a conservative public exposure guideline set at 2% of the level where adverse health effects have actually been observed. In the current case calculations by the operator indicate that at the school emissions associated with the proposed development will be 15,646 times less than the ICNIRP reference level. Due to the height of the Police Station and the angle of the proposed antennas the most intense beam of radio waves passes well above the school. Given these circumstances, in health terms, the physical proximity of the school to the proposed mast would not be material. Based on worse case assumptions, the highest emissions are still calculated to be over 5,000 times less than the ICNIRP reference level (this would be further away from the Police Station than the school where the waves to go down towards ground level).

Under these circumstances and having regard to the above-mentioned advice in PPG8, an objection on health grounds can not be raised to this proposal.

In addition to the above PPG8 gives specific advice on applications on or near schools or colleges. Operators are advised to discuss such proposals with the relevant bodies which should also be consulted by the local planning authority when any such application is submitted. The agent has confirmed that the school were consulted on the proposals prior to the submission of the application although no response was received at that time. The school has also been consulted as part of the Council’s neighbourhood consultation exercise for this application and the school’s representations are reported above. Despite the concerns of the school and parents, for the reasons given above it is not considered that a refusal of permission can be substantiated on health grounds.

In light of the above considerations it is recommended that planning permission be granted.

[This application would normally fall to be determined under Officers’ delegated powers but is reported for Members’ consideration because of the level of representations that have been received.]

DC0902MW 54

13. MC2001/2124

Date Received: 17th December 2001

Location: 9, Lynette Avenue, Strood, Rochester, Kent, ME2 3NH

Proposal: Insertion of two dormers to front, one dormer to rear and alterations to roof to form living accommodation at first floor level

Applicant: Mr & Mrs L Treserden 9 Lynette Avenue Strood Rochester Kent ME2 3NH

Agent: Mr C Wells 31 Oaklands Avenue Romford Essex RM1 4DB

Ward: Rede Court

Recommendation - Approval with Conditions

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

3 The first floor windows on both elevations shall be fitted with obscure glass and shall be non-opening apart from any top hung fan light.

Site Description

9 Lynette Avenue is a detached bungalow located in a residential area comprising a mixture of bungalows and two storey dwellings of different designs. This is one of a pair of adjacent bungalows of the same design. To the rear of 7 to 17 Lynette Avenue are two detached dwellings, numbers 11 and 13 Lynette Avenue. The access to these dwellings is via a private road that runs along the northern boundary of the application site. The application property has a brick built garage in its rear garden, located close to the rear of the dwelling and against the boundary with the adjacent bungalow, number 7 Lynette Avenue.

Proposal

It is proposed that the roof of the application property is raised in height by about 1.3 metres and altered in design from a hipped roof to a barn-hip style of roof, to facilitate the provision accommodation at first floor level. Two pitched roof dormers are to be inserted in the front roof plane, while a centralised single rear dormer, with mono-pitched roof, would be inserted in the rear roof plane. The only windows to be inserted in the flank walls at first floor level would serve non-habitable rooms and be installed with obscured glazing.

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Representations

Neighbour notification letters have been sent to the owners and occupiers of numbers 7, 11, 13, 15, 8, 10 and 12 Lynette Avenue.

Four letters of representation have been received raising the following objections:

- the resultant dwelling will be of a poor visual appearance;

- out of keeping with the adjacent bungalow;

- loss of light to houses on the opposite side of the street;

- loss of view;

- overlooking of surrounding gardens; and

- loss of direct sunlight in an adjacent bungalow.

Development Plan Policies

Medway Towns Local Plan 1992:

Policy B16 (New Development) Policy B19 (New Residential Extensions)

Medway Local Plan (deposit version) 1999

BNE1 (General Principles for Built Development) BNE2 (Amenity Protection)

Planning Appraisal

The main issues for consideration arising from this application are those of amenity impacts upon the occupiers of neighbouring properties and the effect of the development on the street scene and the character of the area.

Amenity Impacts

With respect to privacy it is to be noted that the types of dwellings in this area are a mix of bungalows and two storey dwellings, the majority being two-storey in nature. The situation of overlooking of gardens is the norm within this area.

The alterations to the roof design are relatively minor in nature and will not create a sense of overbearing or over dominance to surrounding dwellings. With regard to light impacts, it should be noted that the adjacent bungalow to the south has two windows in its northern flank. One is obscure glazed, and presumably is a bathroom and the other is a secondary window serving the room at the rear of the house. Due to the orientation of the dwellings and the gap of about 7 metres between the application dwelling and the dwelling to the north, there will be no unacceptable loss of direct sunlight to adjacent dwellings or overshadowing of surrounding properties.

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Street Scene and character of the area

The character of this area is very mixed in terms of dwelling types and design. Although the dwelling will no longer appear the same as the adjacent bungalow, this in itself will not be detrimental to the street scene. The design of the resultant dwelling will be of a good quality.

This proposal is therefore viewed as being in accordance with the provisions of Policy B19 of the adopted Local Plan and Policies BNE1 and BNE2 of the Medway Local Plan (Deposit Version) 1999. The application is therefore recommended for approval.

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