Agenda Item 5I

Page 157 Agenda Item 5i

8 week date Application No. Date of meeting Report No.

02.12.09 GR/2009/0792 11.11.09

Land adjacent to Denton Outfall and Thames and Medway Canal, Gravesend

Installation of pumping equipment to re-water and maintain water levels in the Thames and Medway Canal to include creation of a pumping chamber, electricity micro sub station, secure switch gear housing, sub surface inlet and outlet pipes together with electrical and data cable ducts.

Gravesham Borough Council

Recommendation:

Permission subject to conditions see page 8

1. Site Description

The site to which this application relates comprises land located to the north of and adjacent to the Thames and Medway Canal just to the east of the Metropolitan Police Specialist Training Headquarters.

The site comprises a small area of marshland within Eastcourt Marshes used for grazing (horses) and on the edge of the Milton Rifle Range, in the ownership of the Royal Society for the Protection of Birds (RSPB). The site extends back to the bank and former towpath of the canal just to the west of the remaining swing bridge.

The Thames and Medway Canal was originally a 7 mile long canal opened in 1824 and constructed by Ralph Dodd linking the Gravesend basin on the Thames with the Strood basin on the River Medway. In 1846 the canal was replaced by a railway through the Higham tunnel. The canal was abandoned in 1934 and was partly filled in. Today water exists in the canal only from Mark Lane eastwards towards Shorne at relatively low levels with some smaller sections of water also in the remains of the canal at Higham. The canal also supports extensive reed beds and a variety of wildlife.

The canal between Mark Lane and the Canal Basin in Gravesend was also filled in about 1970 and some built development has been permitted on it former line.

The former canal towpath is part of a circular walk that feeds into the Saxon Shoreway and is part of the Sustrans National Cycle Route (NCR) 1.

The Thames and Medway Canal Association, a voluntary organisation, was established in 1976 to halt the deterioration of the canal and promote the restoration of the canal as a multipurpose amenity.

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2. Planning History

The application site comprises a small part of the land which is used for and has permission since 1999 by the Metropolitan Police as an open air firearms training range and for which there has been a number of applications relating to variation of conditions including the hours of shooting.

There are no other relevant planning applications.

3. Proposal

The application proposes the installation of pumping equipment to maintain and enhance water levels in the Thames and Medway Canal.

It requires the location of pumping equipment including a small substation between the canal and the road that runs to the north of the canal (the former towing path) and the construction of storm water pipes and a main running northwards below ground with an intake/outlet to a water course on Eastcourt Marshes to the east of the Metropolitan Police Training Centre.

The works are connected with the Great Expectations project (Riverside Leisure Area and Thames and Medway Canal Project) and which was the subject of a report to the Council’s Cabinet on 12 October 2009.

In March 2009, Gravesham Borough Council received an award of £2,000,107 from the Homes and Communities Agency (HCA) through the Parklands Programme to take forward the Thames and Medway Canal Cluster - a major regeneration initiative to create a sequence of waterfront spaces leading from the town centre to the Thames Marshes, re-connecting Gravesend with its rural hinterland and heritage, forming a gateway landscape to the new beacon RSPB reserve at Cliffe Pools and a high quality setting for the regeneration of the canal basin and East Gravesend.

Specifically, the funding has been awarded for the restoration of the Thames and Medway Canal for a distance of 1,500 metres east of Mark Lane and enhancement of the Riverside Leisure Area based on the policies established in the Conservation Management Plan.

Further works are proposed to restore or improve the timber edging to the north side of the canal and to repair or replace the edging around the swing bridge.

The current standing water level in the canal is about 0.8m deep. The proposals will raise the maximum water depth to about 2.2m. There are some dredging operations planned. The installation of the pumps will also introduce an element of circulation and aeration will assist with water quality.

4. Development Plan

The Development Plan comprises the Regional Spatial Strategy and the Development Plan Documents (taken as a whole) which have been adopted or approved in relation to the area. These include:-

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The South East Plan (adopted 6 May 2009) which has recently replaced Regional Planning Guidance for the South East RPG9 (2001) as the Regional Spatial Strategy (RSS)

The Gravesham Local Plan First Review (adopted November 1994);

There are a number of other un-adopted planning documents (e.g. The Gravesham Local Plan Second Review) which are of some relevance to the consideration of this planning application and which are also referred to in this section together with national planning advice and guidance.

Local Planning Guidance

Gravesham Local Plan First Review 1994

The Local Plan is still the current adopted plan. A substantial number of policies of the Gravesham Local Plan First Review have been saved by a Direction dated 25 September 2007 of the Secretary of State under paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004.

The site is within a Green Belt area, an area of High Nature Conservation Value and an area of Local Landscape Significance in the Gravesham Local Plan First Review 1994 and subject to policies GB2, C5 and C6.

Proposal PLT3 of the Gravesham Local Plan First Review is a specific proposal for the Thames and Medway Canal.

The preamble to the policy states:

The canal formerly linked the Thames at Gravesend with the Medway at Strood. The North Kent railway line now uses its tunnel from Higham to Strood and part of the Canal in Gravesend has been filled for industrial development. The remaining Canal is largely in the ownership of British Rail but surplus to their requirements and the Borough Council wishes to secure its retention for formal and informal recreation purposes such as fishing and nature conservation. The proposal for the Canal set out below is subject to reaching agreement with the landowners and will be achieved through the efforts of the Borough Council or outside bodies, as appropriate.

Proposal PLT3: Thames and Medway Canal

The remaining parts of the Thames and Medway Canal are proposed for formal and informal recreation (particularly at the western end) and associated vehicle parking provision. The more remote areas of the Canal (Particularly those within the South Thames Estuary and Marshes SSSI) will be safeguarded for nature conservation and so far as possible, only pedestrian access will be made available. Development which would conflict with these proposals will be resisted.

Gravesham Local Plan Second Review 2000

The Draft Gravesham Local Plan Second Review Deposit Version 2000 (Draft Local Plan Second Review) has been adopted by the Borough Council for development control purposes but in view of the provisions of the Planning and Compulsory

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Purchase Act 2004, it is not being progressed any further. Nevertheless, it remains a material consideration. It is acknowledged that the policies are of limited weight but that the weight which can be attached to its policies is greater where the policies are consistent with Government guidance and with policies of the adopted Local Plan First Review and South East Plan

In the Gravesham Local Plan Second Review Deposit Version 2000 the application site is similarly within a Green Belt area and subject to policies RA1 and RA2, within an area of Local Landscape Importance (where policy NE3 applies) and Site of Nature Conservation Interest (Subject to policy NE10).

The Canal and former towpath are shown as a new area of recreational public open space under policy LT9.

Informal Local Planning Guidance

The Thames and Medway Canal was the subject of a study into its recreational potential in 1976 by the Borough Council. A strategy for restoration document was also prepared in 1994.

Regional Planning Guidance

South East Plan

In the South East Plan 2009 (The Regional Spatial Strategy) relevant policies are:

Policy NRM5: Conservation and Improvement of Biodiversity Policy C4: Landscape and Countryside Management Policy C5: Managing the Rural-Urban Fringe Policy C6: Countryside Access and Rights of Way Management Policy C7: The River Thames Corridor Policy KTG7: Green Initiatives

5. Reason for Report

Council’s own development.

6. Consultations and Publicity

Consultations

Regulatory Services

There is no objection to the application, subject to the following comments:

Control of noise emitted from premises

The rating level of the noise emitted from any plant and equipment associated with this installation (other than noise from the exit or entry road vehicles), shall not exceed the existing background noise level. The noise levels shall be determined at the points nearest to adjacent noise sensitive premises. The measurements and assessments shall be made according to BS4142:1997.

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Works of Construction

Please add works of construction informative.

Network Rail

Network Rail does not object to the development in principle and would expect the following issues to be addressed within the appropriate conditions.

Development

Prior to the commencement of any works on site, developers must contact Network Rail to inform them of their intention to commence works. This must be undertaken a minimum of six weeks prior to the proposed date of commencement.

Drainage

No water or effluent should be discharged from the site or operations on the site into the railway undertaker’s culverts or drains. Details of the proposed drainage must be submitted to, and approved by the Local Planning Authority; acting in consultation with the railway undertaker and the works shall be carried out in accordance with the approved details.

Land Ownership (NR Land/BRB Land/Retained Access Rights)

The development is to be located on an area of land owned/previously under the ownership of Network Rail. The applicant should contact Network Rail’s Operational Portfolio Surveyor to understand further the implications this may have. Often these sites are sold and are the subject of a demarcation agreement which may include particular rights in relation safe operation of the railway and associated infrastructure. It must be considered when Network Rail has access rights over the development site, access must not be blocked or restricted at any time.

Thames and Medway Canal Association

Fully support the application in principle and are appreciative of being kept informed of developments.

EDF Energy

No objections to the proposed works.

Natural England

Natural England have checked their records and based on the information provided, can confirm that the application site lies close to habitats which form part of the Thames Estuary and Marshes SSSI. This SSSI is part of the Thames Estuary and Marshes SPA and Ramsar site.

This reply gives advice on the requirements of Regulation 48 (1) (a) of the Conservation (Natural Habitats, &c.) Regulations 1994 (known as “the Habitats Regulations”) as amended.

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Natural England has no objection to the proposed development. It is their view that, either alone or in combination with other plans or projects, this proposal would not be likely to have a significant effect on the above site(s) and the permission may be granted (subject to other planning considerations) under the terms of the Habitats Regulations.

Kent Wildlife Trust

Views awaited

Environment Agency

Views awaited

Atkins Planning Team (Southern Water)

Views awaited

RSPB

Views awaited

KCC Footpaths

Views awaited

Publicity

Notification to the Metropolitan Police Special Training Centre, Mark Lane.

No representations received to date.

7. Service Manager (Development Control) Comments

The pumps are being installed to provide a sustainable water source for the section of the Thames and Medway Canal between Mark Lane and Shornemead Crossing.

The work is being carried out with funding from the Homes and Communities Agency (HCA) through the Government’s Parklands Initiative and delivers part of the Thames and Medway Canal cluster – a strategic green infrastructure project promoted by Kent Thames Gateway which aims to develop a series of linked riverside spaces between the town centre and the rural hinterland.

Other works currently being funded in this cluster under the HCA agreement include:

1. Enhancements to the Riverside Leisure Area – identified as the gateway from the town centre. These works include restoring the historic setting and character of the fort and Promenade; enhanced links between the town centre and canal; improved community safety, site security and on site play facilities; and on site interpretation.

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2. Restoration of the rural section of canal from Mark Lane to Swing Bridge no. 4, a distance of approximately 1,200 metres. This involves repairs to the banks, de- silting to restore useable depths and the proposed development of the pumping system.

3. Improvements to National Cycle Route (NCR1) from Mark Lane to Higham.

Outside of the main agreement, funding has also been approved for a wider planning based study of the area around the Nuralite Works, Beckley Hill and Hoo Junction.

The pumping system is required because the section of canal which is to be restored is separated from the main water supply, which flows into the canal through the Higham railway tunnel, by the crossings at Shornemead, Nuralite and Hoo Junction. This water now flows from the railway tunnel into the section of the canal east of Hoo junction before flowing over a weir into a main drain across the marshes. This is then retained on the marshes to control water levels before entering the Thames over a weir between the Met Police ranges and their training centre. The proposed pumping system will extract the water from a point between the weir boards i.e. surplus water from the marshes water level management, and before the water enters the Thames, providing sufficient water to fill the restored section of canal and subsequently replace water lost to evaporation and leakage.

The proposals have been the subject of extensive discussions with the landowners – Network Rail and RSPB and are consistent with:-

1. The aims of the Kent Thameside Green Grid

2. The Gravesham Local Plan First Review (Adopted November 1994) Policy PLT3.

3. The objectives and approach set out in the DETR high level policy document ‘Waterways for Tomorrow’ (June 2000).

The Environment Agency is currently determining an abstraction licence application (approved in principle) and a Land Drainage application.

There have been no objections to the proposals from the consultation responses received to date and although there are some key consultees that have yet to respond it is not considered that there is likely to be an objection in environmental terms to the development.

It is not envisaged that any trees or shrubs would be removed to accommodate the works other than the removal of a small area of reeds and a small area of grass for the headwall.

The proposals accord with long standing policies of the Borough Council to restore the canal for use for recreation and for its nature conservation interest and can therefore be supported.

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Consultation expiry date: 3 November 2009

Recommendation

Subject to the comments of outstanding consultees

Permission and authority to determine the application be delegated to the Service Manager, Development Control

Subject to:

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

2. The development hereby permitted shall be carries out in its entirety and in complete accordance with the approved plans and pursuant to any conditions contained hereinafter.

3. No water or effluent should be discharged from the site or operations on the site into the railway undertaker’s culverts or drains. Details of the proposed drainage must be submitted to, and approved by the Local Planning Authority in consultation with the railway undertaker and the works shall be carried out in accordance with the approved details.

4. The rating level of the noise emitted from any plant and equipment associated with this installation (other than noise from the exit or entry road vehicles), shall not exceed the existing background noise level. The noise levels shall be determined at the points nearest to adjacent noise sensitive premises. The measurements and assessments shall be made according to BS4142:1997.

5. Any other conditions recommended by the outstanding consultees

and the grounds for the imposition of such conditions are:-

1. In pursuance of section 91 of the Town and Country Planning Act 1990.

2. In order to ensure that the details of the development are satisfactory.

3. In order to safeguard railway interests.

4. In the interests of local amenity.

5. Any other grounds recommended by the outstanding consultees.

INFORMATIVES

INFORMATIVE: REASONS FOR GRANT OF PERMISSION.

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1. Having regard to all relevant material planning considerations, permission has been granted because, subject to compliance with the planning conditions, the development would not materially harm any interest of acknowledged importance.

2. The decision has been taken having regard to the policies and proposals of the development plan and in particular:

Gravesham Local Plan (First Review) 1994

Policy GB2: Development in the Green Belt Policy C5: Area of High Nature Conservation Value Policy C6: Area of Local Landscape Significance Proposal PLT3: Thames and Medway Canal

Gravesham Local Plan (Second Review) Deposit Version 2000

Policy RA1: Green Belt Boundary Policy RA2: Control of Development within the Green Belt Policy NE3: Area of Local Landscape Importance Policy NE10: Site of Nature Conservation Interest Policy LT9: New area of recreational public open space

South East Plan

3. In addition the Local Planning Authority had regard to:

Article 8 and Article 1 of the First Protocol of the Human Rights Act 1998. Central Government Planning Policy Guidance.

INFORMATIVE: NETWORK RAIL REQUIREMENTS

Development

The applicants are advised that prior to the commencement of any works on site, developers must contact Network Rail to inform them of their intention to commence works. This must be undertaken a minimum of six weeks prior to the proposed date of commencement.

Land Ownership (NR Land/BRB Land/Retained Access Rights)

The development is to be located on an area of land owned/previously under the ownership of Network Rail. The applicants are advised that they should contact Network Rail’s Operational Portfolio Surveyor to understand further the implications this may have. Often these sites are sold and are the subject of a demarcation agreement which may include particular rights in relation safe operation of the railway and associated

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infrastructure. It must be considered when Network Rail has access rights over the development site, access must not be blocked or restricted at any time.

INFORMATIVE: WORKS OF CONSTRUCTION PRACTICE

Code of Practice for construction/demolition sites within the Borough of Gravesham - append to decision

INFORMATIVE: APPROVED DRAWINGS

The approved drawings are:

Redline site boundary plan (Scale 1:5000) 8559-01 Plan of Proposed Works 8559-02 Proposed Rising Main Longitudinal Section 8559-03 Proposed Overflow Longitudinal Section 8559-04 Proposed Service Ducts Longitudinal Section 8559-05 Proposed Constructional Details – Sheet 1 of 8 8559-06 Proposed Constructional Details – Sheet 2 of 8 8559-07 Proposed Constructional Details – Sheet 3 of 8 8559-08 Proposed Constructional Details – Sheet 4 of 8 8559-09 Proposed Constructional Details – Sheet 5 of 8 8559-10 Proposed Constructional Details – Sheet 6 of 8 8559-11 Proposed Constructional Details – Sheet 7 of 8 8559-12 Proposed Constructional Details – Sheet 8 of 8

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