11 01740 Maidstone and Tunbridge Wells NHS Trust

JOINT EASTERN AND WESTERN AREA PLANNING COMMITTEE WEDNESDAY 1 AUGUST 2012

REPORT OF THE HEAD OF PLANNING SERVICES APPLICATION FOR CONSIDERATION

APPLICANT REFERENCE LOCATION PROPOSAL CONTACT ADDRESS DATE VALID GRID REFERENCE DATE OF APPLICATION

MAIDSTONE AND TW/11/01740 Maidstone & Removal of Condition 29 of TUNBRIDGE WELLS Tunbridge Wells NHS TW/10/02250 for the NHS TRUST Trust redevelopment of the existing (David Hicken Pembury Hospital Pembury Hospital for 512 bed, Associates Planning Tonbridge Road approx 65,500msq district general Eclipse House PEMBURY hospital, 984 car parking spaces, Eclipse Park PE improvements to the public Sittingbourne Road highway, new site access, Maidstone servicing, landscaping and Kent associated works/plant equipment ME14 3EN) and replace with Legal Agreement to secure an amended bus service to service to the hospital.

21/06/11 561471/141407 13/06/11

1.0 DESCRIPTION OF SITE

1.01 The application site lies outside of the Limits to Built Development and within the Metropolitan Green Belt. It is situated adjacent to the High Weald Area of Outstanding Natural Beauty. The site is a Major Development Site as defined by the Tunbridge Wells Borough Local Plan 2006.

1.02 The site is occupied by the Tunbridge Wells Hospital, which was granted permission under reference TW/07/02595. This development is now complete and in use. Two additional car parks have also been provided in addition to this permission. These are located at a higher level than the hospital. One car park is located to the south west of the site and lies adjacent to the Listed Chapel. The other car park is located to the north east of the site.

1.03 The site extends to approximately 9.7 ha. Topographically, the site occupies a sloping location falling from around 120m above ordnance datum to the north west, down to around 100m above ordnance datum to the south east. The site is bounded by woodland to the north west, north east and south east. This includes the Pembury Walks Site of Nature Conservation Interest. The Pembury Pit and Cutting Site of Special Scientific Interest (geological) is located to the north west of the site. The site is bounded to the south west by Tonbridge Road, beyond which is a residential property set in substantial grounds. To the south east there are further residential properties, set well back from Tonbridge Road, a hotel and a garden centre which lie closer to the junction with the Pembury Road.

1.04 The application site previously Pembury Hospital provided for a number of outpatient facilities and also the maternity unit. The main hospital Kent and Sussex, which carried out the main services for the Trust was located close to Tunbridge Wells Town Centre and was within walking distance of a number of modes of transport. The main hospital and all its functions and facilities have now been moved over to the new hospital at the application site. This site is over 2 miles away from the Town Centre, in a more remote location and not near a variety of transport nodes.

2.0 PROPOSAL

2.01 Planning permission is sought to remove condition 29 of the original planning permission, the updated condition laid out in planning application TW/10/02250 consists of the following:

“No part of phase 1(B) of the development hereby permitted shall be occupied until such time as a Bus Plan to facilitate access to the site by buses, to include the following matters, has been submitted to and approved in writing by the Local Planning Authority and has been implemented and the new services have been in operation for at least 21 days. The bus plan shall include:

(a) A regular bus services for staff, patients and visitors to the hospital.

(b) The services shall provide, as a minimum, the following:

(i) A service to and from Tunbridge Wells town centre, calling at Pembury Road, Tunbridge Wells Station, High Brooms and Longfield Road, at an average frequency of 3 buses per hour,

(ii) A service to and from Tonbridge town centre, calling at Tonbridge Station and Tonbridge High Street, including Hadlow, West Malling and Borough Green at an average frequency of 2 buses per hour,

(iii) A service to and from Crowborough town centre, calling at Tunbridge Wells station, at a frequency of 1 bus per hour, and

(iv) A service to and from Maidstone Town Centre, calling at Paddock Wood, Maidstone East Station, Maidstone High Street and Maidstone Hospital, at a frequency of 1 bus per hour.

(c) All services shall operate between 0600hrs and 2300hrs on every day throughout the year. (Frequencies may be reduced on Public Holidays.)

(d) Details of routes, stops and service frequencies.

(e) The start of the services shall coincide with the opening of phase 1 (B) of the development and will run for a period of at least 5 years thereafter.

(f) The Bus Plan shall provide for monitoring and annual review of the effectiveness of the services and for variation thereof, subject to written agreement with the Local Planning Authority.

Has been submitted to and approved in writing by the Local Planning authority, in consultation with the Highway Agency and Kent County Council.

Reason: To provide suitable traffic management policies which aim to reduce the use of the private car in accordance with Policy TP1 of the Local Plan”.

2.02 The main reason for this condition was for the NHS Trust to provide funding to help establish viable bus services to the hospital. In the early stages, bus services are rarely viable and the funding was requested to help these services in the early stages to build up so at the end of the 5 year period they were likely to become viable and would remain so.

2.03 It is proposed to replace this condition with a Section 106 Legal Agreement which seeks to secure the following:

 That the owner (NHS) will provide funding sufficient to ensure the continuing operation of the Bus Services.  This provision will either be on: - The expiry of 5 years from the Opening Date of the Hospital; - The date upon which the Owner has provided funding in accordance with this agreement totalling not less than [two million one hundred thousand pounds (£2,100,000)] which shall include such sums of money as have already paid by the Owner to Kent County Council and Arriva Southern Counties during the period between the Opening Date of the Hospital and the date if this permission is granted; or - The Bus Services becoming financially viable such that they generate sufficient revenue from ticket sales to the public to no longer require subsidy.

2.04 These conditions are put forward in the Legal Agreement provided that the total Financial Contributions paid by the Owner towards bus service provision do not exceed £2,100,000. Officers have asked the NHS trust how much has been paid towards the bus services so far and an update on this will be provided at the meeting.

2.05 The draft legal agreement is shown to secure an improvement in the provision of buses to serve the following routes:

• Route 1 – Tunbridge Wells Hospital to Tunbridge Wells Town Centre • Route 2 – Tunbridge Wells Hospital to Tonbridge Town Centre

2.06 The application also provides details of the routes, stops and service frequencies for these routes. This includes:

Bus Route Stops Times 217 T Wells Station, T Wells High Street, Monday-Friday -0644– Hospital, Weald of Kent School and 2010 Tonbridge Town Centre. Saturday – 0746 - 1940 No Sundays 208,209,278 Henwood Green, Pembury Camden Monday-Friday -0600– Arms, T Wells Town Centre, Sherwood, 2309 Hospital, Hill View School, Weald of Saturdays – 0815 - Kent School, Goldsmid Road, Tonbridge 2259 Town Centre, Cage Green, Higham Sundays – 0811 - Wood, Golden Green, East Peckam. 2315

2.07 This means that the following routes laid out in the original condition would no longer be secured:

(i) A service including Hadlow, West Malling and Borough Green at an average frequency of 2 buses per hour,

(ii) A service to and from Crowborough town centre, calling at Tunbridge Wells station, at a frequency of 1 bus per hour, and

(iii) A service to and from Maidstone Town Centre, calling at Paddock Wood, Maidstone East Station, Maidstone High Street and Maidstone Hospital, at a frequency of 1 bus per hour.

2.08 To support this application, the applicant Maidstone and Tunbridge Wells NHS Trust have provided the following information:

 A Viability Statement.  Details of the bus services proposed including routes and frequencies.  Hospital Staff address maps.  Bus passenger demand analysis.  A draft Legal Agreement.

2.09 As part of their submission they also make clear that the viability report, along with KCC and independent operators, conclude that bus services running from the hospital to Hadlow, West Malling and Borough Green is unviable. The Trust is therefore currently setting up a funding structure to help support the Voluntary Sector which serves the outer lying areas to assist in accessibility to the hospital. This however, is not part of this application but included for information purposes and demonstrates the Trust’s continued commitment to accessibility.

2.10 In addition to this, it is also important to note, that whilst the provision of the Bus Services is being resolved, the NHS have been providing funding for a number of bus services identified by Kent County Council. These have been operational since the full opening of the hospital in September 2011.

2.11 It should also be noted that whilst this application relates to the removal of condition 29 and its replacement with a Legal Agreement, it does in effect grant a whole new planning application for the hospital development.

(Note – This means that the Local Planning Authority is technically required to reiterate all the conditions that relate to the original permission for the Hospital in the decision notice for this application should it be granted).

2.12 The application is being presented to the Joint Planning Committee as the condition was placed on the original application (TW/07/02595) and amended (TW/10/2250) by the Committee.

3.0 RELEVANT HISTORY

Planning permission has been approved for the following:

3.01 TW/02/00333 – Outline (means of access and siting not reserved) – General Hospital, Mental Health Unit, associated staff accommodation, car parking and associated junction improvements.

This permission was accompanied by a legal agreement which sought to ensure that a Green Travel Plan was submitted, the allocation of car parking spaces, measures to facilitate the site by bus and review services. Of particular note is the fact that, in order to facilitate the bus services the Trusts financial commitment to the bus services was limited in the Legal Agreement to the sum of £323,000 and during each of the next four years the Trust’s financial commitment to the services was limited to £323,000 increased in line with the Retail Price Index.

(Note – In 2002, over 5 years this agreement would have resulted in a minimum total of £1,615,000. This figure which has now been indexed would result in a total of £2,090,000. Hence the current offered contributions of £2.1 million).

3.02 Reserved matters were not submitted in pursuance of this application and a full planning application was therefore submitted in 2007.

3.03 TW/07/02595 -Redevelopment of the existing Pembury Hospital for 512 bed, approx 65,500msq district general hospital, 984 car parking spaces, improvements to the public highway, new site access, servicing, landscaping and associated works/plant equipment.

In order to provide suitable traffic management policies, which aimed to reduce the use of the private car, condition 29 was part of the permission. This stated the following:

“No part of the development hereby permitted shall be occupied until a Bus Plan in accordance with condition 28, to facilitate access to the site by buses for staff, patients and visitors to the hospital has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Highway Agency and Kent County Council. The Bus Plan shall include the following matters:

(a) Buses serving the site shall including:

(i) A service to and from Tunbridge Wells town centre, calling at Pembury Road, Tunbridge Wells Station, High Brooms and Longfield Road, at an average frequency of 3 buses per hour,

(ii) A service to and from Tonbridge town centre, calling at Tonbridge Station and Tonbridge High Street, including Hadlow, West Malling and Borough Green at an average frequency of 2 buses per hour,

(iii) A service to and from Crowborough town centre, calling at Tunbridge Wells station, at a frequency of 1 bus per hour, and

(iv) A service to and from Maidstone Town Centre, calling at Paddock Wood and Maidstone, at a frequency of 1 bus per hour.

(b) Details of routes, stops and service frequencies (the service shall generally operate between 0600hrs and 2300hrs on every day throughout the year although frequencies could be reduced on Public Holidays and in the evenings).

(c) The start of the services shall coincide with the opening of the hospital and will run for a period of at least 5 years thereafter.

(d) The Bus Plan shall provide for monitoring and annual review of the effectiveness of the services and for variation thereof, subject to written agreement with the Local Planning Authority”.

Note: It is important to note that these routes were not costed.

3.04 TW/10/02250 - EIA: Variation of Conditions (28) and (29) of planning permission TW/07/02595/FULMJ - Redevelopment of existing Pembury Hospital for 512 bed, approx 65,000 msq district general hospital, 984 car parking spaces, improvements to the public highway, new site access, servicing, landscaping and associated works/plant equipment.

This changed the timing of the provision of bus routes in condition 29 as it was not considered reasonable that the full provision of bus services should have been in place before the Kent and Sussex Hospital had been closed and moved to the Pembury site. This amendment did not suggest any changes to the routes and is laid out in paragraph 2.01 of the report.

3.05 TW/11/00001/FULMJ - Extension/enlargement of 2 car parks approved under application TW/07/2595/FULMJ to provide 100 extra car parking spaces.

4.0 POLICIES

4.01 National Policies

- National Planning Policy Framework, March 2012 (NPPF).

4.02 South East Plan 2009

- Policy SP5 – Green Belts. - Policy CC1 – Sustainable Development. - Policy T1 – Transport – Manage and Invest. - Policy T5 – Travel Plans and Advice. - Policy NRM1 – Sustainable water resources and ground water quality. - Policy NRM2 – Water Quality. - Policy NRM5 – Conservation and improvement of biodiversity. - Policy NRM7 – Woodlands. - Policy NRM9 – Air Quality. - Policy NRM11 – Development design for energy efficiency. - Policy NRM16 – Renewable Energy Development Criteria. - Policy C4 – Landscape and Countryside Management. - Policy BE6 – Management of the Historic Environment. - Policy S2 – Promoting Sustainable Health Services.

4.03 Tunbridge Wells Borough Core Strategy 2010

- Core Policy 1: Delivery of Development. - Core Policy 2: Green Belt. - Core Policy 3: Transport Infrastructure. - Core Policy 4: Environment. - Core Policy 14: Development in the villages and rural areas.

4.04 Tunbridge Wells Borough Local Plan 2006

• Policy MGB1 – Metropolitan Green Belt. • Policy MGB2 – Major Developed Sites in Green Belt. • Policy EN1 – Development Control Criteria. • Policy EN10 – Archaeological Sites. • Policy EN15 – Statutory Local Nature Reserves and other non-statutory Nature Conservation Sites. • Policy EN16 – Protection of groundwater and other watercourses. • Policy EN25 – Development control criteria for all development proposals affecting the rural landscape. • Policy TP1 – Major development requiring Transport Assessments and a Travel Plan. • Policy TP4 – Access to the road network. • Policy TP5 – Vehicle Parking Standards. • Policy TP9 – Cycle Parking.

5.0 CONSULTATIONS

External Bodies

Pembury Parish Council

5.01 12/07/2011 – Neutral – but ask that the Section 106 subsidy amount must be adequate to provide a bus service for the areas of greatest need.

Kent County Council (KCC)

5.02 29/03/2012 – Consider that some of the services specified in condition 29 are unlikely to be commercially sustainable at the end of the funding period and therefore do not represent good value for money.

KCC have acted for agents for the NHS Trust in securing interim bus service enhancements which provide high frequency links to the hospital from Tunbridge Wells and Tonbridge and are fully funded by the NHS. Discounted fares have been introduced to make the services more attractive and multi operator ticketing allows easy interchange for those coming from other areas. KCC consider that these services represent the most appropriate form of public transport provision to the hospital, have the potential to become commercially sustainable over the funding period and therefore should continue to operate with full financial support from the NHS Trust. The County Council cannot and will not bear any financial liability for these services.

They therefore raise no objection to the application subject to the following:

“The NHS Trust fully funding the continued operation of the current ‘interim service enhancements’ for a period of at least five years including the continuation of the discounted fares and multi-operator through ticketing currently in place, and the marketing of the services to patients, visitors and staff. This must include the underwriting of any potential shortfall in revenue from the services.

The NHS Trust separately providing funding for community Transport Organisations to allow their development, such that they are able to provide enhanced services to the hospital from rural areas, particularly those covered by Condition 29”.

5.03 This issue was discussed at the Joint Transportation Board on Monday 27th February 2012 and formed the basis for the comments made by KCC.

5.04 Note: Kent County Council have also confirmed to officers that they have been operating enhanced and subsidised services on behalf of the NHS Trust:

“To clarify, the routes currently operating to and from the hospital that make up the bulk of the frequent service are:

• 6/6a – provide a service from Maidstone to Tunbridge Wells via the hospital.

• 208 – provides a service from Five Oak Green to Pembury Stone Court Lane via Tonbridge and the hospital.

• 209 – provides services between the hospital and Tunbridge Wells and Tonbridge.

• 217 – provides a service between Tunbridge Well and Tonbridge (and north Tonbridge) via the hospital.

• 278 – provides the Sunday service between the hospital, Tunbridge Wells and Tonbridge.

• 297 – provides a two hourly service from Tunbridge Wells to Ashford via the hospital.

The above combine to provide a roughly ten minute frequency between the hospital and Tunbridge Wells, a fifteen minute frequency between the hospital and Tonbridge and a half hourly frequency between the hospital and Maidstone.

Of the above, the NHS funding is currently paying for:

• 209 – full service • 217 – service between Tunbridge Wells and Tonbridge via the hospital • 278 – full service

In addition some funding is required for marketing and to allow tickets to be accepted across different operators' services”.

Highways Agency

5.05 23/06/2011 – offers no objection to the proposal. It is important that good public transport is maintained to reduce the impact on A21 and they note the study carried out to assess where staff and visitors are likely to travel form.

East Sussex County Council

5.06 01/05/2012 – Support the comments made in Kent County Council’s formal response to the application. It is vitally important that the hospital access requirements of East Sussex residents are catered for. In recognising that direct services will not be financially sustainable, it is imperative that the interim service enhancements are continued to allow bus service users easy and cost effective transfer between buses at Tunbridge Wells town centre. This will require the availability of multi operator tickets to be accepted on the bus service enhancements so that the bus passengers can travel with the minimum cost penalty to them in having to transfer between buses. We request that this aspect is incorporated in the planning requirement.

In addition, we feel there should be an obligation on the NHS Trust to appropriately publicise the availability of the bus service enhancements to those wishing to access the site.

Tonbridge and Malling Borough Council

5.07 23/06/2011 – raise strong objections to the application concerning bus service provision for the following reasons:-

1. The proposal to not provide bus services to Pembury Hospital from the Hadlow, Borough Green and West Malling areas is considered unacceptable in that it will not provide adequate transport options for residents of the Borough of Tonbridge and Malling who need to access the hospital.

2. In any event the bus service position should be renewed at a reasonable time following the opening of the Hospital to ensure that patient and staff usage is properly assessed. Any conclusion reached now is premature as the impact of the opening of the redeveloped Hospital has not taken effect on the residents of Tonbridge and Malling Borough Council.

Maidstone Borough Council

5.08 11/05/2012 – Raise no objection.

Wealden District Council

5.09 04/05/2012 – Raise no objection.

Sevenoaks District Council

5.10 08/05/2012 – No Objection.

Platt Parish Council

5.11 01/05/2012 – Wish to strongly object to the variation to the condition. The Parish is in the Malling area of Tonbridge and Malling Borough Council and there is no public transport for out local residents to get to Pembury. The proposal does not include transport to this area. They will have to rely on volunteers. It is not acceptable that they did not budget for this.

Birling Parish Council

5.12 02/08/2011 – Concerned to hear that Tunbridge Wells Borough Council were considering withdrawing some of the funding to provide transport to Pembury Hospital from West Malling, Borough Green and Hadlow.

Mereworth Parish Council

5.13 21/07/2011 – Feels that it is vital to have a bus service for older people to this hospital, there is great importance and need for a good bus service. The bus service is very important to Mereworth as we have many older people who may not be able to drive to visit friends at the hospital. It is a very serious concern and members feel that, as a bus service was a condition, it should be honoured.

Internal

Environmental Services

5.14 14/07/2011 – Have assessed the proposal in terms of air quality and sustainability and have no objection.

5.15 03/05/2012 – Have assessed the additional information in terms of air quality and have no objection.

Planning Policy

5.16 13/07/2012 – Because of the proximity of the site to Tesco’s development, careful consideration should be given to how best to use the proposed section 106 monies to ensure that bus services are enhanced in the area.

Other

Kent Link

5.17 26/04/2012 – have grave concerns that any reduction in transport services to and from the new hospital that have been agreed under the original terms and conditions of the present planning consent should be resisted. The main reason being is the great inconvenience and demonstrably harmful effect that the new proposals would have on patients and indeed the general public accessing services and visiting the hospital.

Hadlow Medical Centre

5.18 22/11/2011 – Express strong concern and objections as their patients inform them that they have difficulty in getting to Pembury Hospital and it will not provide adequate transport options for residents of the Borough of Tonbridge and Malling. The bus service should be reviewed at a reasonable time following the opening of the hospital to ensure that patient and staff need is properly assessed.

Individuals

5.19 35 copies of the same letter have been received from residents of East Malling. They are concerned that the Hospital Trust are breaking their promise to provide transport to the new Pembury Hospital. Travelling into Maidstone to pick up the bus service is a long and expensive journey. They call on the Hospital Trust to keep their promises to local people and provide the area with either a convenient bus route or a community car service.

5.20 3 individual letters have been received from local residents who raise the following concerns:

 The original consent was given to ensure that patients, staff and visitors would not be disadvantaged by the new location and asks that permission only be granted providing services such as dial-a-ride would be available for the same terms of the buses.  That the proposed amendments are rejected as the Trust should not be allowed to alter what they got permission for. The trust chose the less accessible location and it is the more vulnerable that will be affected.  At the very least an independent study of the impact on traffic and parking needs should be undertaken and published before any decision on this matter is made.

5.21 Cllr Alice Hohler – KCC Member for Tonbridge

27/02/2012 – feels strongly that residents in Tonbridge should have fair transport access to the new hospital. Whilst she understands that the provision of half hourly bus services to these villages would not be viable she asks that voluntary sector minibuses or cars be used to meet the need. Any financial and reputational risk should be taken by the NHS Trust.

6.0 BACKGROUND PAPERS

6.01 Application Form; Supporting Information Validation Checklist for applications TW/07/02595 and TW/11/01740.

6.02 Letters dated 30/07/07 (2); 22/08/07; 23/08/07; 18/09/07; 26/09/07; 03/10/07.

6.03 E-mails from Dha Planning dated 3rd August 2010, 13th April 2012, Letters from Dha Planning dated 9th July, 17th August 2010, 13th June 2011,

6.04 Copy of Letter from Kent County Council dated 29th March 2012. Bus Timetables for routes 217, 208/209/278. Viability Statement dated February 2012 Hospital staff address maps Bus Route Passenger demand analysis Copy of decision notice for TW/07/02595

6.05 Planning Application Document – 3rd August 2007. Landscape and Woodland Management Plan July 2007. (inc. Green Roof Design (Urban Land studio), Pond Layout (Urban Land Studio), Internal Courtyards (Urban Land Studio), Courtyard spaces 1,2,3 and 4 (Urban Land Studio)). Planning Statement July 2007. Tree Survey Schedule – 26th July 2007. Tree Survey – DG_93142 Photos – View from A21 bridge x 2, view from Tunbridge Road x 2, Environmental Statement (13946/ENV/R08); (including - Envirocheck – Agency and Hydrological – Groundwater Vulnerability – Slice A, Envirocheck –Ordnance Survey Plan, Envirocheck – Sensitive Lands Uses, Envirocheck – Agency and Hydrological – Source Protection Zones – Slice A Site Plan Development).

6.06 Environmental Statement Non Technical Summary; Environmental Statement Noise and Vibration Impact Assessment; Heritage Impact Assessment (13946/ENV/R01); Ecological Impact Assessment (13946/ENV/R03); Local Air Quality Assessment (13946/ENV/R04); Flood Risk Assessment (13946/ENV/R05); Contaminated Land Desk Study (13946/ENV/R06); Waste and Resource Management Assessment (13946/ENV/R07); Environmental Statement Figures (13946/ENV/R09); Landscape and Visual Impact Assessment; Transport Assessment (14137/TR/R01B); Renewable Energy Assessment all received on 30/07/07.

6.07 Renewable Energy Contribution; Typical car park light; Typical pathway light; Typical 6m wide Road light; Typical Dual Carriageway light; Landscape Management Plan L_TUW_REP_9000_003 Supplementary Information; Travel Plan Coordinator Job Description; External Services Lighting Layout DSSR_TUW_LO_6300_0001; Cycle Parking LSK008 all received on 20/09/07.

6.08 Code of Construction Practice received 27/09/07

6.09 Vegetation Survey, Phase II Bat Survey; Dormouse Survey; Section 278 Works General Arrangement plans Sheet 1 14137-GE-S278-001 Rev A; Section 278 Works General Arrangement plans Sheet 2 14137-GE-S278-001 Rev A; Section 278 Works General Arrangement plans Sheet 3 14137-GE-S278-001 Rev A; Sandhill Car Park L_TUW_LO_9000_0023; Additional information on the planters positioned on the MSCP all received 08/10/07

6.10 Helicopter Flight Path text and plan dated September 2007; Maidstone and Tunbridge Wells NHS Trust Framework Travel Plan dated 15/08/07.

6.11 Drg No: L_TUW_L0_9000_0000;

7.0 APPRAISAL

7.01 The main issue to consider in regard to this proposal for the removal of the condition and its replacement with a Section 106 Agreement, is that the following bus routes as laid out in the original planning permission, would not be secured:

(i) A service including Hadlow, West Malling and Borough Green at an average frequency of 2 buses per hour,

(ii) A service to and from Crowborough town centre, calling at Tunbridge Wells station, at a frequency of 1 bus per hour, and

(iii) A service to and from Maidstone Town Centre, calling at Paddock Wood, Maidstone East Station, Maidstone High Street and Maidstone Hospital, at a frequency of 1 bus per hour.

7.02 It is also important to consider as part of this application, whether the proposed Section 106 complies with relevant policies in particular the NPPF and guidance laid out in The Community Infrastructure Levy (Amendment) Regulations 2011.

7.03 Looking at the information provided by Kent County Council in paragraph 5.02 – 5.04 of this report, they consider with the additional services being funded by the Hospital Trust that adequate and frequent bus services are already in place between Maidstone and Tunbridge Wells, Five Oak Green to Pembury Stone Court Lane via Tonbridge and between Tunbridge Wells to Ashford via the Hospital. Kent County Council would also ensure through the money provided to them, within the 5 year period, the continuation of discounted fares and multi operator ticketing to serve the these routes. This would also guarantee that passengers from Crowborough for example would be able to transfer between buses at Tunbridge Wells with the minimum cost penalty as requested by East Sussex County Council. In addition the enhancement of services from Tunbridge Wells Town Centre would also help to enhance the Crowborough route, making it easier and quicker for residents of Crowborough to change buses and access the hospital. With these services already in place it is considered that the frequency of routes ii) and iii) are adequate to meet the requirements of the condition.

7.04 The details provided in the Legal Agreement will therefore mean that no service would be provided for the route between Hadlow, West Malling and Borough Green. The applicant submitted a viability statement February 2012, to support this based on evidence gathered since the opening of the hospital, which was not available at the time of granting the original planning permission. This includes the following:

 Concerns have been raised by KCC and the Trust with regard to the specified route to and from the new hospital serving Hadlow, West Malling and Borough Green as the patient and staff data for Tunbridge Wells Hospital shows that very few people in these groups are located in these areas.  Since the opening of the hospital the NHS trust have monitored visitors, staff and patients. The detailed figures show that staff and patients in these areas are 1.67 times more likely to travel to Maidstone Hospital rather than Tunbridge Wells from these locations.  Visitor numbers indicate a 5% increase of visitors from Hadlow visiting Tunbridge Wells Hospital with West Malling showing that there is an increase of 25% of patients and visitors who have moved to Maidstone Hospital.  Staff numbers show that no more than 5% of staff at the hospital would travel by bus from these locations to the Hospital.  The applicant has therefore calculated that assuming a 5% bus mode share for staff and 7% for patients that the total annual bus demand would be 2291 per passenger from the service covering this route.  To meet the requirements of the current condition to provide 2 buses per hour between 6am and 11pm. The service is estimated to cost a total of over £4million over the 5 years of the condition.  Assuming an average fare of £4 per passenger, taking into account the amount of revenue received, the applicant has shown that the subsidised cost per passenger for a return journey from these areas is £345.19.  The trust also recognises that the new hospital may attract new patients. Even with an increase of 10,000 patients and 10,000 visitors per annum, it would reduce the loss per passenger return journey to £212.76.  It is the view of the applicant that if they are to provide the bus services laid out in the condition it would clearly fail to meet the test for value for money and the requirement to provide a sustainable service.

 In addition the applicant has also submitted a letter from Arriva which states in their professional opinion that the service to these locations, at the frequencies and times conditioned would not be viable and sustainable at any time, Of particular note is the Arriva comment which states that in their opinion, “revenue would not rise to anywhere near those levels and service would not be commercial at any point in 5 years.”  The applicants also states that these areas are served by buses that can connect to services to the hospital.

7.05 From the information provided it is clear that compared to other areas that very few passengers (staff, visitors and patients) are located in Hadlow, West Malling and Borough Green. In addition to this, the estimated service cost to provide this route would be approximately £4 million, which is significantly higher than the cost laid out in the 2002 Section 106 Legal Agreement. The applicant has also provided information to show that the subsidy per passenger journey would be £345.10 and even if the use from this area increases it would still be likely to cost £212.76 per passenger return journey. In light of this information the NHS Trust have been working with officers at KCC to support the most appropriate bus routes to the hospital which have the potential to become commercially sustainable during and beyond the funding period of five years. These are the routes laid out in paragraph 5.04 of the report and are supported by KCC.

7.06 It is the view of officers that whilst the loss of the service to Hadlow, West Malling and Borough Green is regrettable, the applicant has provided adequate information to show that these services are not viable and would result in an unreasonable cost to the applicant. Annexe E from DoE Circular 11/95, "The Use of Conditions in Planning Permissions" advises that conditions should only be imposed where they satisfy all of the tests described in paragraphs 14 – 42. In brief, these explain that conditions should be; necessary; relevant to planning; relevant to the development to be permitted; enforceable; precise; and reasonable in all other respects. Whilst the condition may meet some of the tests, it is clear that a cost to the applicant of £4 million pounds, where the price per passenger journey has the potential to be over £300 per passenger and where the cost cannot be secured is unreasonable and therefore fails to meet the test of the circular. In addition to this, customers coming from these areas can travel by bus to the hospital but would need to change either at Maidstone or Tonbridge to the hospital. The removal of this route would therefore not prevent them from getting to the Tunbridge Wells Hospital by bus. As indicated by Arriva these services are also unlikely to be commercial at any point over the 5 years and would be unlikely to continue after this time period. It is therefore the view of planning officers that to use the money available to subsidise and support services that would be better used and more likely to become commercially sustainable over the funding period is an acceptable approach.

7.07 A Highways Officer from Kent County Council confirmed at the Joint Transport Board (JTB) on 27th February 2012 that he considered the costs of the bus service provision to the hospital have been clearly quantified and he supported the provision and support of the services listed in paragraph 5.02 – 5.04 as they provided the best use of the money available. These services are already in place and have been funded by the NHS Trust for nearly a year. In light of the above and due to the support of Kent County Council of the NHS Trust to fund the more viable routes, the removal of the proposed route through Hadlow, West Malling and Borough Green is supported by planning officers. Information has been sought from KCC as to how the supported routes are currently being used and any information received will be presented at the committee meeting.

7.08 It was also the view of Highway Officers’ at the JTB meeting that the final net cost to provide the services (as laid out in paragraph 5.02 – 5.04 of this report) would be estimated at £2.7 million but this would depend on revenue levels going forward and would ensure that there would be no risk to KCC. It is noted however in paragraph 2.03 of this report that the NHS propose to make payments either to a total of £2.1 million or support these services for five years.

7.09 Whilst planning officers are aware that the money offered by the NHS Trust falls short of the funds requested by Kent County Council, the £2.1 million was identified by the Trust as being an appropriate sum based on the original Legal Agreement in 2002. This is the sum that was budgeted in the finance arrangement for the development of the hospital. The trust has advised that there is no further money available. KCC have estimated that to provide and manage the bus services including marketing would cost in the region of £2.7 million, but this is not a set figure as it would depend on revenue levels going forward and the success of marketing. This figure could also change due to the use by hospital staff, once the current staff bus service has stopped. The applicant has informed officers that the current contract to provide staff buses ends on 30th September 2012, but if permission is granted for this application it is likely to be stopped sooner. This means for example, that if the buses are well used including by staff then the full £2.7 million is unlikely to be required.

7.10 Whilst ideally the Tunbridge Wells Borough Council would expect the Trust to provide £2.7 million, this money is not available and the full £2.7 million is not a justified figure but an estimate. The Trust are also looking, in addition to the bus service provision, to support voluntary services to provide access for the more remote areas. (Please note – that this does not form part of this application). It is also likely that as they have chosen to fund the more viable routes that the revenue provided by users of the routes will go some way to make up the shortfall and help the services remain after the 5 year period.

7.11 In assessing whether the replacement of the condition with a Section 106 Legal Agreement is appropriate, the NPPF supports the use of planning obligations (Section 106 Legal Agreement) and states that planning obligations should only be sought where they meet all of the following tests:

 Necessary to make development acceptable in planning terms.  Directly related to the development; and  Fairly and reasonably related in scale and kind to the development.

7.12 It is the view of officers that the provision of bus services to serve the hospital is necessary to make the development acceptable as it ensures that the use of the private car is reduced, which is supported in planning policy. It is also directly related to the development as the provision of the new hospital in a more isolated location than the Kent and Sussex has led to the need for this provision. In addition, the fee is now considered to be more reasonable and supports the most viable routes which was the aim of the original condition.

7.13 In light of this information, it is considered that the replacement of condition 29 with a Section 106 Legal Agreement securing the provision of the most viable and appropriate routes to serve the Tunbridge Wells Hospital for up to 5 years is acceptable. The reason given for the condition was that the applicant (NHS Trust) provided sufficient traffic management policies which aim to reduce the use of the private car. As the NHS Trust has worked with KCC to ensure an appropriate form of transport provision it is considered that the reason for the condition is still met. Whilst it is regrettable to remove the provision of the route to the more remote areas it has been demonstrated that to do so would be unviable. Whilst it is also accepted that the funding secured by the legal agreement would be less than that required by Kent Highway Services, due to the fact that the options proposed in the agreement will support the most commercially viable routes and that revenue is likely to take up some of this loss, it is considered that this planning application is acceptable. The temporary bus services in place at the current time have not been fully advertised but will be once the ongoing funding is secured. This is likely to generate an increase in passenger numbers. A further increase in passenger numbers is also likely following the cessation of the staff buses currently being run by the NHS. It is therefore likely that there will be little shortfall. It should also be borne in mind that if the predicted increases in passenger numbers do not occur, leading to a decrease in revenue, the services will not become viable and are unlikely to operate in the long term.

7.14 In light of the above, it is considered that the removal of condition 29 and its replacement with a Legal Agreement should be approved subject to provision of an acceptable Legal Agreement to secure the provision of sufficient finding to ensure the continuing operation of the Bus Services.

8.0 SUMMARY

The following is a summary of the main reasons for the recommendation:

 The proposal makes provision for sufficient access to the development by a range of transport modes  What will be secured by the Section 106 Agreement accords with the requirements and the reason for Condition 29.  The proposal is consistent with policies and regulations in regard to the use of the Section 106 Legal Agreement.  Other issues raised by consultees have been assessed and there are not any which would warrant refusal of the application

RECOMMENDATION – (I) THE APPLICANT BE INFORMED THAT THE COMMITTEE IS MINDED TO REFUSE PERMISSION FOR THE REASONS SET OUT IN PARAGRAPH (III) UNLESS WITHIN 2 MONTHS OF THE DATE OF THIS COMMITTEE, THE FREEHOLD OWNER (S) ENTER INTO A SECTION 106 AGREEMENT TO COVER THE MATTERS SET OUT BELOW:

(1) The provision of sufficient funding to ensure the continuing operation of the Bus Services either until one of the following is the earliest to occur:

a) The expiry of 5 years from the Opening Date (19th September 2011) b) The date upon which the Owner has provided funding in accordance with this agreement totalling not less than [two million one hundred thousand pounds (£2,100,000)] which shall include such sums of money as have already paid by the Owner to Kent County Council and Arriva Southern Counties during the period between the Opening Date of the Hospital and the date if this permission is granted; or c) The Bus Services becoming financially viable such that they generate sufficient revenue from ticket sales to the public to no longer require subsidy provided that the total financial contributions paid by the Owner shall not exceed £2,100,000.

(II) IN THE EVENT THAT SUCH AN AGREEMENT BEING MADE THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO GRANT PERMISSION SUBJECT TO THE FOLLOWING CONDITIONS:

(Please note:

 Condition numbers have been kept the same as approval TW/07/02595 for clarity.  Conditions that have been complied with but still have implications are set out in full below:  Conditions that have been complied and have been discharged are noted here for clarity in italics and place no further requirement on the developer.)

(1) No time limit condition is required as the works have now commenced.

(2) Unless otherwise agreed in writing by the Local Planning authority the development shall be carried out in accordance with the approved plans.

Reason: In the interests of protecting the character and amenities of the locality in accordance with Policy EN1 the Tunbridge Wells Borough Local Plan 2006.

(3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no development shall be carried out within Class C2 of Part 1 of Schedule 2 of that Order (or any Order revoking and re-enacting that Order), without prior approval of the Local Planning Authority.

Reason: In the interests of protecting the character and amenities of the locality in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

Design

(4) The development shall use materials as details approved under references TW/08/00966/SUB, TW08/02289/SUB, TW08/03420/SUB, TW/09/00881/SUB, TW/09/02419/SUB, TW/09/02868/SUB, TW/09/03289/SUB, TW/10/00466/SUB and TW/10/03161/SUB

Reason: To safeguard the characteristics of the locality in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(5) The car park boundary wall fronting Tonbridge Road shall be carried out in accordance with details approved under references TW/08/01005/SUB and TW/08/03593/SUB.

Reason: To safeguard the characteristics of the locality in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(6) The entrance canopy, bus stops, parking and circulation piazza and adjacent areas shall be carried out in accordance with details approved under reference TW/09/01735/SUB, TW09/02472/SUB, TW/10/00187/SUB and 10/01435/SUB.

Reason: To safeguard the characteristics of the locality in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(7) The service yard, Facilities Management, Biomass and oil storage areas shall be carried out in accordance with the details approved under references TW/09/03853/SUB, TW/10/01366/SUB and TW/10/03063/SUB.

Reason: To ensure a satisfactory development in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(8) No fans, louvers, ducts, meter boxes or other similar apparatus shall be installed externally without the prior written approval of the Local Planning Authority.

Reason: To protect the residential and visual amenities of the area in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(9) The lighting strategy shall be carried out in accordance with the details approved under TW/08/04037/SUB. The development shall be implemented and thereafter operated in accordance with the approved lighting strategy.

Reason: to minimise light pollution and protect the landscape character of the locality in accordance with Policies EN1 and EN8 of the Tunbridge Wells Borough Local Plan 2006.

(10) Energy Conservation within the development shall be carried out in accordance with details approved under TW/09/03184/SUB. The development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(11) Water conservation within the development shall be carried out in accordance with the details approved under TW/08/01050/SUB.

Reason: To safeguard the characteristics of the locality in accordance with Policy EN1 the Tunbridge Wells Borough Local Plan 2006.

Built/cultural heritage

(12) Within 1 year of this application being permitted, a Listed Building Management Plan for the Listed Chapel shall be submitted to and approved in writing by the Local Planning Authority. The Management Plan shall be generally in accordance with the Heritage Impact Assessment dated 26 July 2007 and received on 30 July 2007. The development shall be carried out in accordance with the approved details.

Reason: To ensure the preservation of the building and its immediate environs in accordance with National Planning Policy Framework 2012.

(13) This condition required an archaeological watching brief programme and specification to be submitted and that a watching brief was arranged during development. These details were submitted, approved and complied with under TW/ 08/00887/SUB, TW/08/01377/SUB and TW/10/01922/SUB.

(14) This condition required an archaeological survey and photographic record of the work house to be submitted and approved in writing prior to the demolition of the workhouse. The details were submitted and approved under TW/ 08/00890/SUB, TW/10/00707/SUB and TW/11/02394/SUB

Mitigating Environmental Impacts

(15) The contaminated land remediation shall be carried out in accordance with the details approved under references TW/08/00889/SUB, TW/08/01924/SUB and TW/09/00064/SUB for a, b and c.

d) The approved remediation works shall be carried out in full on site under a quality assured scheme to demonstrate compliance with the proposed methodology and best practice guidance. If during the works contamination is encountered which has not previously been identified then the additional contamination shall be fully assessed and an appropriate remediation scheme agreed with the Local Planning Authority.

Reason: To ensure that the proposed site investigations and remediation will not cause pollution of Controlled Waters in accordance with Policy EN1 of the Tunbridge Wells Local Plan 2006 and National Planning Policy Framework 2012.

(16) If during development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the LPA) shall be carried out until the developer has submitted, and obtained written approval from the LPA for details of how this unsuspected contamination shall be dealt with.

Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters in accordance with Policy EN16 of the Tunbridge Wells Local Plan 2006.

(17) All soil, vent and waste pipes, except for the terminations, shall be constructed within the building unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of visual amenity in accordance with Policy EN1 of the Local Plan.

(18) Any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be carried out in accordance with details submitted under TW/ 08/03121/SUB and TW/09/00563/SUB and shall be retained and operated so that the noise generated at the boundary of the nearest neighbouring property shall not exceed the following Noise Rating Curve:

• Daytime (07:00 – 23:00) hrs – the background noise level (LA90 1 hour) at any residential façade

• Night-time (23:00 – 07:00) hrs – 5dB below the background noise level (LA90 5mins) at any residential façade

as defined by BS8233:1999 Sound insulation and noise reduction for Building Code of Practice and the Chartered Institute of Building Service Engineers (CIBSE) Environmental Design Guide 1999, unless otherwise agreed in writing by the Local Planning Authority. Details of any further scheme shall be submitted and approved by the Local Planning Authority prior to first use and retained thereafter unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the residential amenity of the locality in accordance with Policy EN1 of the Tunbridge Wells Local Plan 2006.

(19) The development shall be constructed in accordance with the Scheme of Construction Practice/Construction Environmental Management Plan approved under reference TW/08/00884.

Reason: To protect the amenities of the area, air quality, water resources and ecology during the construction phase in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012.

(20) This condition required a scheme to provide monitoring of Air Quality to be submitted and approved in writing prior to above ground construction of the building. The details were submitted and approved under TW/ 08/01036/SUB.

(21) Within 3 months of the permission being granted an acoustic report demonstrating compliance with the predicted levels submitted during the application process shall be submitted to and approved in writing by the Local Planning Authority. Any further mitigation work required resulting from the report should be implemented within a timescale determined by the Local Planning Authority.

Reason: To prevent the transmission of noise and vibration into any neighbouring premises to protect amenity in accordance with Policy EN1 of the Local Plan.

(22) This condition sought to control the hours of demolition or construction works. As construction has now been completed this condition is no longer necessary.

(23) No waste materials shall be burnt upon the land within the application site unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the residential amenity of the locality and in the interests of the protection of the atmospheric environment in accordance with Policy EN1 of the Local Plan.

(24) Suitable provision shall be made and maintained at all times when the premises are in use for ventilating fumes or other effluvia and for the handling, storage and disposal of all waste materials and refuse. This provision shall be carried out in accordance with the details approved under application TW/ 11/00109/SUB, unless otherwise agreed in writing by the Local Planning Authority.

Reason: The ensure that the development would not be detrimental to amenity in the absence of such matters being satisfactorily dealt with in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(25) The method of piling foundations shall be carried out in accordance with details approved under reference TW/08/00521.

Reason: To prevent pollution of the water environment in accordance with Policies EN1 and EN16 of the Tunbridge Wells Borough Local Plan 2006

(26) The demolition of all the existing buildings (except the Listed Chapel) shall be carried out in accordance with details approved under reference TW/09/03180.

Reason: In the interests of residential and visual amenities in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

Transport

(27) Within 1 year of this permission being granted the applicant shall submit a scheme for amending the operation of the traffic signals at the A228/Tonbridge Road junction, provision of a cycle way from the hospital to the A228/Tonbridge Road junction and details of the new traffic signal controlled junction at the entrance to the hospital. These details shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in accordance with the agreed time table.

Reason: To increase the capacity of the junction to mitigate the impact of the development on the local highway network in accordance with Policy TP4 of the Tunbridge Wells Borough Local Plan 2006.

(28) Within 6 months of this permission being granted the applicant shall submit in consultation with the Highway Agency and Kent County Council a Green Travel Plan, such plan to include:

(a) Employment of a Travel Plan Coordinator.

(b) Provision of measures to encourage the use of public transport, cycling and car sharing.

(d) Details of proposals for the allocation of parking spaces between user groups and the management of car parking.

(e) Specific targets for modal split of trips to the site by staff, patients and visitors.

(f) Provision for annual monitoring of the targets.

(g) Provision for the review of the number of bicycle parking spaces provided with the intention of providing additional spaced in accordance with the monitored demand.

(h) Provision for the plan to be varied, by agreement with the Borough Council in consultation with the County Council, in the light of the results of monitoring provision for additional investment in Travel Plan initiative in the event that the agreed targets are not met.

The Scheme shall be generally in accordance with the Framework Travel Plan version SJBPVB-3.4 dated 15/08/07 and the Travel Plan Coordinator Job Description received 20/09/07. The operation of the development shall be carried out in accordance with the approved Green Travel Plan.

Reason: To provide suitable traffic management policies which aim to reduce the use of the private car in accordance with Policy TP1 of Tunbridge Wells Borough Local Plan 2006.

(29) This condition is now replaced by a Legal Agreement (Subject to the determination of this application).

(30) This condition sought to ensure that no building shall be occupied until that part of the service road which provides access to it has been constructed in accordance with approved details. Details pursuant to this condition were submitted under TW/09/00124/SUB and the access is now in place.

(31) Within 3 months of this permission being granted details of the turning facilities provided within the curtilage of the site shall be submitted to and approved in writing by the Local Planning Authority and thereafter retained free from any obstruction.

Reason: In order that a vehicle may enter and leave the site in a forward direction and in the interests of highway safety in accordance with Policy TP4 of Tunbridge Wells Borough Local Plan 2006.

(32) The footpaths, vehicle parking, cycle parking, loading, off-loading, turning space and bus stops shall be carried out in accordance with details approved under references TW/09/03302/SUB, TW/09/03515/SUB, TW/10/01439/SUB and TW/10/01595/SUB before the use is commenced or the premises occupied and shall be retained for the use staff, patients and visitors to, the premises, and no permanent development, whether or not permitted by Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land or in such a position as to preclude its use unless otherwise agreed in writing by the Local Planning Authority.

Reason: Development without provision of adequate accommodation for the parking, loading, off-loading and turning of vehicles is likely to lead to such activities inconvenient to other road users and detrimental to amenity in accordance to Policy TP5 of the Tunbridge Wells Borough Local Plan 2006.

(33) This condition required details of the precautions to be taken during the progress of the works to guard against the deposit of mud and similar substances on the public highway. Whilst no details have been submitted, the construction phase is now over and this condition is therefore no longer required.

Reason: In the interests of amenity and road safety in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

Landscaping and Trees

(34) The hard and soft landscaping shall be carried out in accordance with details approved under reference TW/09/01288/SUB and TW/10/03691/SUB.

Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006.

(35) The landscape scheme phasing shall be carried out in accordance with details approved under reference TW/09/01288/SUB. The approved landscape scheme shall thereafter be retained to the Authority's satisfaction for a period of 10 years after the opening of the hospital. Any trees or plants which, within this period, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or diseased shall be replaced in the next planting season with others of the same species, size and number as previously approved, unless the Local Planning Authority gives written consent to any variation.

(36) The Landscape and Woodland Management Plan and Ecological Management Plan shall be implemented and maintained in accordance with details approved under TW/08/00734/SUB and 09/03421/SUB. The measures set out in the Woodland Management Plan and Ecological Management Plan shall be implemented during the construction phase of the development and for a period of 10 years following the commencement of operation of the hospital. The Local Planning Authority shall agree any alterations to the approved plans in writing.

Reason: To mitigate the impact of the development on the landscape of the Area of Outstanding Natural Beauty and to mitigate the impact of the development on the ecology of the locality in accordance with Policies EN25 of the Tunbridge Wells Local Plan 2006 and the National Planning Policy Framework 2012.

(37) The details of any further site boundaries shall be submitted to and approved in writing by the Local Planning Authority, prior to the enclosure being erected and shall be erected in accordance with the approved details. The approved boundary treatment submitted under application TW/10/01690/SUB and TW/10/03488/SUB shall be erected in accordance with the approved details.

Reason: In the interests of visual amenity in accordance with Policy EN1 of the Tunbridge Wells Local Plan 2006.

(38) The approved development shall be carried out in such a manner as to avoid damage to the existing trees, including their root systems, and other planting to be retained by observing the following:

(a) All trees to be preserved shall be marked on site and protected during any operation on site by temporary fencing in accordance with BS 5837:2005 or otherwise to the satisfaction of the Local Planning Authority. Such tree protection measures shall remain throughout the period of construction;

(b) No fires shall be lit within the spread of branches of the trees and other vegetation;

(d) No roots over 50mm diameter shall be cut, and no buildings, roads or other engineering operations shall be constructed or carried out within the spread of the branches of the trees and other vegetation;

(e) Ground levels within the spread of the branches of the trees and other vegetation shall not be raised or lowered in relation to the existing ground level, except as may be otherwise agreed in writing by the Local Planning Authority.

(39) Japanese Knotweed Removal shall be carried out in accordance with details approved under reference TW/08/00759.

Reason: To demonstrate how the Japanese Knotweed on site will be eradicated to prevent it being spread on or off site in accordance with Policies EN1 and EN15 of the Tunbridge Wells Borough Local Plan 2006.

Waste, sewage and water

(40) The facilities for storage and handling of waste, to include the segregation of clinical/non- clinical waste and the provision of facilities for recycling shall be carried out in accordance with details approved under reference TW/08/00883/SUB and shall be permanently retained thereafter.

Reason: To ensure a satisfactory development in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012.

(41) The land drainage, disposal of foul and surface waters shall be carried out in accordance with details approved under reference TW/08/00522/SUB.

Reason: To prevent pollution of the water environment and to minimise flood risk in accordance with Policies EN1 and EN16 of the Tunbridge Wells Borough Local Plan 2006.

(42) The site surface water drainage strategy shall be implemented and maintained in accordance with details approved under reference TW/08/00524/SUB.

Reason: To prevent pollution of the water environment in accordance with Policies EN1 and EN16 of the Tunbridge Wells Borough Local Plan 2006.

(43) The provision of bird boxes and mitigation proposals shall be carried out in accordance with details approved under reference TW/08/00761/SUB and TW/09/00717/SUB.

Reason: This is to mitigate impacts on existing breeding bird populations and enhance the site for Swifts and in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012.

(44) The bat mitigation strategy shall be carried out in accordance with details approved under references TW/08/00763/SUB and TW/08/03940/SUB.

Reason: This is to mitigate impacts on existing bat populations and enhance the site for bats and in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012.

(45) The dormice mitigation strategy shall be carried out in accordance with details approved under reference TW/ 08/00764/SUB.

Reason: This is to mitigate impacts on existing dormice populations and enhance the site for dormice and in accordance with Policy EN1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012.

(46) The development hereby permitted shall be carried out in accordance with the following approved plans:

A-ACH-0250-L4-001 P-03; A-ACH-0250-L5-001 P-04; A-CAR-0250-LM-001 P-03, A- CAR-0250-LM-002 P-03, A-CAR-0250-EM-001 P-02, A-ACH-0250-SN-001 P-02; A-ACH- 0250-SN-003 P-03; A-ACH-0250-SM-001 P-02; A-ACH-0250-SE-001 P-02; A-ACH-0250- P3-001 P-03; Site Location Plan; A-ACH-0250-EM-001 P-03; A-ACH-0250-EW-001 P-03; A-ACH-0250-EE-001 P-04; A-ACH-0250-P2-001 P-03; A-ACH-0250-P1-001 P-03; A- ACH-0250-LO-001 P-03; A-ACH-0250-L1-001 P-03; A-ACH-0250-L2-001 P-03; A-ACH- 0250-L3-001 P-03; A-ACH-0010-DE-003 P-01; A-ACH-0010-DE-002 P-02; A-ACH-0050- EE-001 P-01; A-ACH-0050-EW-001 P-01; A-ACH-0050-EN-001 P-01; A-ACH-0010-DE- 001 P-02; A-ACH-0250-SE-003 P-02; A-ACH-0250-SS-001 P-02; A-ACH-0250-SS-003 P-03; L_TUW_L0_9000_0001; L_TUW_L0_9000_0002; L_TUW_L0_9000_0003; L_TUW_L0_9000_0004; L_TUW_L0_9000_0005; L_TUW_L0_9000_0007; L_TUW_L0_9000_0010; L_TUW_L0_9000_0011; L_TUW_L0_9000_0012; L_TUW_L0_9000_0013; L_TUW_L0_9000_0014; L_TUW_L0_9000_0015 Rev 01; L_TUW_L5_9000_0016; L_TUW_L5_9000_0018; 14137-GE-S278-001 Rev A; 13946/GE/SK401; 13946/GE/SK402; 13946/GE/SK403; 13946/GE/SK404; 13946/GE/SK405; P-TUW-0500-ML-020 Rev P1; P-TUW-0500-ML-010 Rev P1 all received 30/07/07.

Reason: to clarify which plans area proved.

Informatives:

(1) The applicant is advised that under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is normally required for any discharge of sewage of effluent into controlled waters, and may be required for the discharge of surface water to such controlled waters. Details can be obtained from the Environment Agency, Orchard House, Endeavour Park, London Road, Addington, West Malling, Kent ME19 5SH. Tel: (08708) 506506.

(2) The applicant is advised to contact the Environmental Protection Team, Environmental Services, Tunbridge Wells Borough Council, Town Hall, Royal Tunbridge Wells, Kent TN1 1RS. Tel: (01892) 526121. E-mail: [email protected] to determine if an Authorisation under Part 1 of the Environmental Protection Act 1990 is required for this process. Any person operating a Prescribed Process without such an Authorisation is liable to prosecution.

(3) The applicant is advised to contact Natural England, The Countryside Management Centre, Coldharbour Farm, Wye, Ashford, Kent TN25 5DB. Tel: (01233) 812525. E-mail [email protected]., and obtain any necessary licences under the Wildlife and Countryside Act 1981 prior to the commencement of any works.

(4) If the trees are in a neighbouring property then you will need the permission of the owners to carry out any works to them. If that work involves any crossing of the boundary you are advised to get the permission in writing. Without the permission of the owners, you are entitled only to cut back branches as far as the property boundary.

(5) You are advised that this permission is subject to a Legal Agreement under Section 106 of The Town and Country Planning Act.

(III) IF THE APPLICANT SHALL FAIL TO SATISFACTORILY ENTER INTO A LEGAL AGREEMENT THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO REFUSE PERMISSION FOR THE FOLLOWING REASONS:

1) The proposal without the funding to ensure the continuing operation of bus services would not reduce the use of the private car to the development. The proposal would therefore not be sustainable and would be contrary to the aims of Policy TP1 of the Tunbridge Wells Borough Local Plan 2006 and the National Planning Policy Framework 2012 which seek to ensure that development is sustainable and that the transport infrastructure to serve the development is adequate.

(Note: Refusing this application does not mean that permission for the new hospital is rescinded, but that the original permission including Condition 29 would still stand).

Reference: CJP/SM4

NB For full details of all papers submitted with this application please refer to the relevant Public Access pages on the council’s website.

The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.