Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

Application Number 14/01017/AS

Location Former Naccolt Brickworks, Naccolt, Brook

Grid Reference 05047/44485

Parish Council Wye with Hinxhill

Ward Wye

Application Erection of 8 new dwellings and associated car parking Description and landscaping

Applicant Oxenturn Road Naccolt Ltd, 15 Regent Street, London SW1Y 4LR

Agent RDA Architects, Evegate Park Barn, Evegate, Smeeth, Ashford TN25 6SX

Site Area 0.85 Hectares

(a) 13/6S & 1R (b) - (c) KH&T X; ESM X; KWT X; EA X; KCC Her X; OSSS X; SW X; PO Drainage X

Introduction

1. This application is reported to the Planning Committee because it represents a departure from the development plan.

Site and Surroundings

2. The application site comprises a 0.85 hectare area of land that forms part of the former Naccolt Brickworks site. The site is therefore previously developed land.

3. The site fronts, and is accessed from, Oxenturn Road and lies 1.5Km to the south of the village of Wye. The land inmmediately to the north and south of the application site falls within the applicants ownership although does not form part of the application site. The land to the north comprises woodland and there is a group of 7 detached dwellings beyond. The land to the south is also wooded and directly opposite this are 4 pairs of semi-detached cottages fronting the road (1-8 Pottery Cottages). To the east of the site is the North

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Kent Downs AONB, the boundary of which runs along the eastern edge of the road. To the west is the Naccolt Pond Local Wildlife Site which is managed by Kent Wildlife Trust.

4. The site lies within countryside for development control purposes. Although it lies outside of the AONB it is immediately opposite and falls within the Naccolt Higher Fields Landscape Character Area (LCA) which is considered of moderate sensitivity.

5. The site contains a number of buildings, some of which are now in a poor state of repair, along with associated areas of hard standing. The brickworks commenced production in the late C19 with production ceasing in approximately 1972 and the large kiln chimneys demolished 3 years later. There were subsequent planning permissions for employment use with Wye Cycle being the most recent occupier of the site. There are no buildings on the site of architectural significance.

6. At the southern end of the site are 2 dilapidated dwellings which used to house workers associated with the brickworks and these are in a very poor state of repair and currently uninhabitable. The footprint of buildings on the site amounts to approx. 2143 sq.m with a further 1755 sq.m of associated hardstanding. There are 2 points of access to the site. The main access is to the north with a secondary access to the south which also serves the wildlife site.

7. There are a number of trees on the site although none are of amenity value and none the subject of TPO.

8. There are no public rights of way that run through or are immediately adjacent to the site.

9. A site location plan is attached as an annex to this report.

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Figure 1: Site location plan

Figure 1: Site Location

Proposal

10. The application seeks full planning permission for the demolition of the former brickwork buildings and associated hardstanding and the erection of 8 dwellings with associated parking, garaging and landscaping. A new access is proposed to the north eastern corner. The proposal comprises 4 x 4 bedroom detached houses and 4 x 3 bedroom semi-detached houses. The proposed development would be on the area of the site that is previously developed and does not include the undeveloped wooded areas to the north and south of the site. The development, with the exception of unit 1 to the front, would be 1.5 storeys. Unit 1 would be full 2 storey. All of the units are market houses with no on site affordable housing proposed (NB affordable housing is applicable as the site area exceeds 0.5 hectares). The density of the development equates to 9.5 units per hectare.

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11. The development proposed would take on a traditional design approach and comprise buildings of an agricultural form and appearance to appear set in a cluster around a farmhouse. Traditional materials would be used with clay tiled roofs and brick, tile hung and dark stained weatherboarding used for the elavational treatment.

12. The total floor area of built development proposed amounts to 1325 sq.m. 26 car parking spaces are proposed to serve the development along with associated turning and manoeuvring space. The access has been tracked and can accommodate a refuse collection vehicle so that refuse collection can take place within the site itself. The site layout plan along with street scenes and typical elevations are set out below:

Figure 2: Site plan showing the application site and the areas of blue land.

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Figure 3: Site layout

Figure 4: Proposed street scenes 2.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

Figure 5: Elevations of plot 1 fronting Oxenturn Road

Figure 6: Elevations of plots 2 & 3

Figure 7: Elevations of plot 7

13. In support of the proposal the following documents have been submitted:

Phase 1 Ecological Assessment – This looked at the potential for the development to impact on both European & UK protected species. The survey shows no evidence of badgers or badger setts on the site. Likewise there was no evidence of Great Crested Newts on the site. The potential for 2.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

reptiles was considered to be low. Potential for the site itself to support bats was also low with the buildings being examined and considered to be low or negligible for supporting roosting bats. It concludes that no further survey work is required and biodiversity improvements can be incorporated. The proposal is also considered to not have any direct impact upon the adjacent local wildlife site.

Arboricultural Impact Assessment – Identified 8 individual trees and 7 groups of trees within the site. This identifies that all of the trees surveyed are either C category trees (less than 10 years longevity) and U category trees (should be removed). Some of these will be removed to facilitate the development with U category trees removed for reasons of sound arboricultural management. None of the development would be in the RPA of retained trees. Detailed landscaping to the road frontage is proposed in place of the overgrown boundary treatment with structured planting within the development.

Feasibility Report – Looks at potential alternative employment uses for the site. Concludes that due to the remote location, site layout and existing buildings (in hazardous condition), access, limited IT services and close proximity of residential properties then this would significantly affect viability of the site for continued/alternative employment uses. Residual valuations of the site for employment scenarios (demolition and re-instatement of existing buildings and the replacement of the existing buildings with new industrial buildings) has been carried out. These result in a negative residual value of approx. £3million. Based upon this the site is not considered to be viable economically for continued or alternative employment usage.

Viability Assessment – This looks at the above in respect of reuse of the site for employment purposes and concludes it is not viable. It also looks at the viability of the redevelopment of the site for residential with either 8 or 10 dwellings. It concludes again that reuse for employment purposes is not and is unlikely to ever be commercially viable. In respect of the residential scheme this shows that the 8 unit scheme (when factoring in 20% developer profit) would result in a loss of £219,707. A 10 unit scheme shows a small deficit with 20% developer profit factored in. Based upon the fact that both schemes would be in deficit it is stated that developer contributions should not be sought as this would make the schemes commercially unviable.

Transport Statement – States that the site ceased operation 40 years ago but until recently was occupied by Wyecycle. The proposal is expected to produce 5 two way trips and 7 two-way trips in the AM and PM peak periods respectively with 59 daily two-way trips anticipated. The last use of the site for Wyecycle produced 22 daily vehicle movements although these in the main would have been larger vehicles. The additional vehicle movements on the surrounding highway network as a result of this development would 2.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

therefore be insignificant. Parking on site exceeds the Council’s SPD. Swept path analysis shows a refuse collection vehicle can be accommodated on site and the proposed new access will provide improved visibility over the existing. The proposal is considered acceptable in highway safety terms.

Geo-Environmental Investigation Report – identifies that beneath the thickness of made ground is Gault Clay. Contamination associated with the previous use of the site as a brickworks identified although concentrations of toxic metals were generally low. It is recommended that the development be undertaken with a watching brief.

Code for Sustainable Homes/Pre-Assessment & Energy Statement – States that the development will be built to Code Level 3 which exceeds the policy requirements.

Visual Appraisal – Identifies that the site is well screened on 3 sides by existing tree planting with the only short range views into the site from Oxenturn Road. The proposal would remove unsightly dilapidated industrial buildings and replace these with well designed, spacious and low density development set behind a well landscaped front boundary. There is a PROW 350m north of the site but no views are possible from this. The same applies to the PROW 300 to the east. 900m to the north is the regionally important Stour Valley Walk, however, again there are no views of the site from this. Overall the proposals are considered to have a positive impact upon views and the visual amenity of the area.

The following was submitted at officer request during the course of the application:

Drainage Strategy – States that there is a manhole on the site currently that collects water from a number of downpipes on buildings although there is no identified outfall point. There is no positive drainage system on the site and as such the report concludes that the site drains passively over the adjoining land to the north. There is no evidence that the site floods.

The drainage strategy states that as the site is gault clay then there is limited opportunity for infiltration on the site. Some permeable paving for parking areas could be used with the rest of the site drained by shallow surface level channels feeding into shallow swales gently falling and combining to an outfall point to allow the water to continue to drain over the adjoining land (as is the current situation). The amount of impermeable surface will be significantly reduced and it is anticipated that the current drainage rate of 10 L/S/Ha on the site can be reduced to 2 L/S/Ha as per the Council’s SPD.

In respect of foul water drainage then this would be by way of a sealed sceptic tank to the front of the site adjacent to the new access and serving all 8 2.8 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

properties. Connection to a main public sewer is not possible as the closest public sewer is 1.2KM to the east of the site. Consideration was given to an onsite sewage treatment plant however this has been discounted due to the very low levels of permeability on the site.

Planning History

14. The planning history of relevance to this application is as follows:

14/00921/AS (site immediately opposite and part of the brickworks site) - Extension to existing building to create two bedroom dwelling, renovation of two buildings to create forge and store and change of use of site to residential curtilage – permitted

13/00327/AS - Conversion and extension of former store for B1 Use (a), with associated landscaping, parking and access - withdrawn

13/00328/AS - Erection of a pair of semi detached dwellings, detached single garages and associated landscaping, parking and access - withdrawn

13/00329/AS - Conversion of former workshop and store, small drying shed and erection of new buildings to be used for B1 Use (a, b and c) (offices, research and development & light industry) with associated landscaping, parking and access – withdrawn

10/01080/AS - Application for Lawful Development Certificate - existing - use of the extended site for the recycling of materials, storage of compost & equipment - withdrawn

01/01561/AS - Storage of recyclable/reusable materials, composting of organic material – KCC application – No objection raised and temporary permission granted by KCC.

78/0112/AS – Change of use of existing buildings to the construction of trailers and the construction of a car park and open storage granted 1980

Consultations

Ward Member: The Ward member is a Member of the Planning Committee.

Parish Council: No formal comments received to date. Any comments received will be updated at the meeting.

KCC Highways & Transportation: Initially objected stating that the footpath and gate from plot 1 onto Oxenturn Road is unacceptable as it will encourage visitors to

2.9 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______park on the road to the detriment of highway safety. No secure cycle parking/storage is shown.

Amended plans have since been submitted that address these objections and as such KH&T has no objection.

Environmental Health Manager – No objection subject to conditions regarding land contamination and sewage disposal.

Environment Agency – Raise no objection stating that planning permission could be granted provided conditions are imposed in respect of contamination, foundation designs, foul drainage and surface water drainage.

Southern Water – State that the EA should be consulted over the use of a private wastewater treatment works.

PO Drainage – Initially stated that no surface water drainage strategy has been provided as part of the application and one should be provided. Soakaways have been identified as a means of surface water disposal however this may not be suitable given ground conditions. Porosity tests during winter months should be undertaken to demonstrate adequate soakage to ground can be achieved. Recommend a full and detailed SUDs condition be imposed.

A drainage strategy for the site was subsequently submitted. This includes formalising the drainage on the site using shallow drainage channels leading to shallow swales which follow the natural topography and will discharge at the north eastern corner of the site (as at present) onto the adjoining land at a controlled rate. Project Office Drainage has commented to state that they have no objection in principle. They state the following:

• Runoff from the site will be reduced below current levels and below recommended discharge rates identified within Ashford Borough Council Sustainable Drainage SPD.

• SUDS is to be implemented as the solution in achieving the reduction via various impermeable services and attenuation methods.

• Based on the design provided it is expected that site runoff from the site should significantly reduce the runoff from the site and therefore not increase flood risk within the area. The reduced runoff should improve the drainage within the localised area on and around the site against the status quo.

They conclude by stating that concerns over drainage have now been allayed. A full SUDs condition is recommended.

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KCC Heritage: No objection stating – “The site of the application is identifiable on the 2nd Ed OS map as a brickworks complex with several main buildings, outbuildings and a circular kiln. It seems that by the 1990s the current buildings were in place and only a few of the original buildings survived and now it seems that none of the original buildings survive above ground. However, remains may survive below ground or as remnant structures.

This brickworks is part of the late 19th century local industrial heritage and is of interest. Remains of the brickworks should be recorded prior to demolition and redevelopment works.”

They recommend conditions covering building recording on the site prior to demolition and an archaeological watching brief.

Kent Wildlife Trust – Initially objected stating the site abuts a local wildlife site and has a small direct impact upon it. The ecological assessment fails to address recreational pressures from future residents on the site. In addition, no commitment has been made in respect of the land to the north and south of the site other than a vague commitment to donate the 3.5 acres to the south as a form of planning gain.

Following the receipt of additional information in respect of protection of the adjacent wildlife site from domestic animals along with proposed biodiversity enhancements and a management plan for the land to the north and the south KWT are satisfied with the proposal and raise no objection.

Open Spaces & Street Scene – No objection subject to S106 contributions as set out in the Public Green Spaces SPD.

Neighbours: 13 neighbours consulted; 6 letters of support/comment and 1 letter of objection received.

Letters of support/comment:

• No objection provided the land on either side of the site are given over to KWT and that no buildings be allowed on this land.

• Redevelopment for 8 sensitively designed dwellings is welcomed.

• Scheme will remove a horrible eyesore.

• Construction times should be limited to normal working hours.

• Lack of information over services i.e. sewage and electricity and concerns over adequacy to serve the development.

• No more than 8 dwellings should be built on the site. 2.11 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

1 objection:

• 8 dwellings are too much for the site with the average household having 3-4 cars. No objection to 6 properties being built.

Planning Policy

15. The Development Plan comprises the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008, the adopted Ashford Town Centre Action Area Plan 2010, the Tenterden & Rural Sites DPD 2010, the Urban Sites and Infrastructure DPD 2012 and Chilmington Green AAP 2013.

16. The relevant policies from the Development Plan relating to this application are as follows:-

Ashford Borough Local Plan 2000

GP12 – Protecting the countryside and managing change

EN9 – Setting & Entrances of towns and villages

EN30 – Nature Conservation Sites

EN32 – Trees

Local Development Framework Core Strategy 2008

CS1 – Guiding Principles

CS9 – Design Quality

CS10 – Sustainable Design & Construction

CS11 – Biodiversity & Geological Conservation

CS12 – Affordable Housing

CS15 – Transport

CS18 – Meeting the community’s needs

CS19 – Development & Flood risk

CS20 – Sustainable Drainage

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CS21 – Water Supply & Treatment.

Tenterden & Rural Sites DPD 2010

TRS2 – New residential development elsewhere

TRS7 – Retention of existing employment sites

TRS17 – Landscape Character & Design

TRS19 – Infrastructure Provision to meet the needs of new developments.

17. The following are also material to the determination of this application:-

Supplementary Planning Guidance/Documents

Affordable Housing SPD 2009

Residential Parking and Design Guidance SPD 2010

Sustainable Drainage SPD 2010

Landscape Character SPD 2011

Residential Space and Layout SPD 2011

Sustainable Design and Construction SPD April 2012

Public Green Spaces & Water Environment SPD 2012

Dark Skies SPD 2014

Village Design Statements

WYE VDS

Government Advice

National Planning Policy Framework 2012

18. Members should note that the determination must be made in accordance with the Development Plan unless material considerations indicate otherwise. A significant material consideration is the National Planning Policy Framework (NPPF). The NPPF says that less weight should be given to the policies above if they are in conflict with the NPPF.

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Assessment

19. The main issues for consideration are:

• The principle of development/loss of employment

• Impact upon visual amenity/setting of the adjacent AONB

• Impact upon highway safety

• Impact upon residential amenity – existing & future residents

• Drainage, ecology, contamination, flooding

• S106 contributions/viability

The principle of residential development / loss of employment.

Loss of employment

20. One of the key considerations in determining this application is whether the loss of this site for employment purposes is acceptable. Although the site lies outside of any town or village, and therefore policy TRS7 of the Tenterden & Rural Sites DPD (which seeks to resist the loss of employment sites in towns and villages) does not directly apply, the NPPF is clear on the importance of fostering a prosperous rural economy and supports the sustainable growth and expansion of all types of business in the rural area.

21. A key aspiration of the DPD is:

”…Providing appropriate balance between protecting the countryside and meeting the needs of a highly valued rural economy….”.

22. It states that improving and retaining local employment opportunities is one of the key themes that needs addressing when dealing with sustainable employment in rural areas. In light of this, the tests set out in policy TRS7 can be applied to this site. This policy seeks to resist the loss of employment facilities in the towns and villages unless:

• They are replaced with the same sized or larger facilities within or adjoining the same settlement

• It can be shown that the site/unit is no longer viable for the existing or alternative suitable employment use and has remained unsold or unlet for a substantial period of time

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23. As stated above brickmaking ceased in the mid 1970’s at the site. The last use of the site was for green waste recycling / composting which only recently ceased. As part of the application a feasibility report has been provided which is summarised in the proposals section above. This concludes that the site is not suitable for continued employment use in either its current use or for alternative suitable uses. The reasons for this are due to the remote location; condition of the site / buildings and the layout; limited IT; close proximity of dwellings etc. In addition residual valuations for replacement like for like of the existing buildings and replacement of the existing with new industrial buildings has been carried out. This shows a residual land value of approx. £3million for both scenarios.

24. The feasibility report has been assessed by Bespoke Property Consultants on behalf of the Council. Whilst querying some of the figures in this report, Bespoke conclude that employment use on the site would clearly leave a substantial deficit, certainly in excess of £1.5 million, and as such the site is not viable for redevelopment for employment use.

25. Local views have been made clear in the past that there is no desire to see the site return to employment use due to noise and traffic issues. In light of the viability arguments put forward, combined with local opinion, it is clear that there is no future for the site to remain in active employment use. The loss of the site for employment purposes in this particular case is acceptable and justified.

Principle of residential development

26. The site lies in the countryside and opposite the north Kent Downs AONB. In such locations residential development is generally resisted in order to meet sustainability objectives and to ensure the beauty of the countryside is preserved. This site however comprises a former employment site (with no viable employment future) and is previously developed land. The NPPF seeks to ensure that sustainability is the golden thread that runs through all decision making. Paragraph 17 of the NPPF seeks to encourage the effective use of land by reusing land that has been previously developed provided it is not of high environmental value. Paragraph 55 supports sustainable development in rural areas and states that new housing should be located where it will enhance/maintain the vitality of rural communities. It states that Local Authorities should avoid isolated new homes in the countryside unless there are special circumstances.

27. The site in question lies 1.5km to the south of the village of Wye which is a tier 2 settlement under policy CS6 of the Core Strategy due to it being a sustainable village well served by local amenities, schools, community facilities and public transport. The site also lies 1.2KM from the village of Brook as the crow flies. Immediately to the south, and on the opposite side of 2.15 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

the road, are 1-8 Pottery Cottages comprising 4 pairs of semi-detached houses. Immediately to the north are 7 detached houses known as Herons Brook which were built during the 1980s on land formally comprising part of the brickworks and last used as a fencing manufacturer. The site is not isolated in the context of the NPPF.

28. The site itself is not particularly visually prominent or intrusive in the wider landscape or from the AONB due to excellent screening on 3 sides. It is clearly visible from the road and the site has a run down and untidy appearance. The issue here for the committee is whether it is desirable to see the site redeveloped for housing in the manner proposed or be left to remain as it is and deteriorate further with no realistic prospect of being redeveloped or tidied up for an alternative suitable use. The issue over the impact upon visual amenity is discussed in the next section, however subject to there being no overriding material concerns over the proposal then I would consider that redevelopment for residential use is acceptable in principle in this case.

Impact upon visual amenity/setting of the adjacent AONB

29. The existing buildings are generally in a poor state of repair and continuing to deteriorate further. The site has an overgrown and somewhat derelict appearance and is a visual detractor in the local street scene. The site is very well screened to 3 sides meaning it is not readily visible from medium to long range views or from public rights of way. The site is clearly visible from approximately a 250m stretch of Oxenturn Road. The proposal would remove the unsightly buildings, reduce the amount of built development on the site and increase the landscaping, particularly to Oxenturn Road.

30. The proposed development of 8 units (with a built form of 6 detached properties) would represent considerably less built development on the site than what is currently present. The properties are well designed, spaciously laid out and generally 1.5 storey in height. They have been designed to take reference from agricultural type buildings set around a farmhouse (see plans and elevations in proposals section). The size, bulk, height and design is appropriate in this rural location opposite the AONB and subject to the use of high quality materials and good detailed design will make a significant positive contribution to the visual amenity of the area over that which currently exists. As such I consider that the proposal would not be harmful to visual amenity or indeed be harmful to the setting of the adjacent AONB.

Impact upon Highway safety

31. The proposal is for 8 new dwellings. The Transport Statement provided anticipates that this will create 5 two way trips in the AM peak period (08:00-

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09:00) and 7 two-way trips in the PM peak period (17:00-18:00) with 59 daily two-way trips anticipated (07:00-19:00).

32. The last use of the site for Wyecycle produced 22 daily vehicle movements. Although less than the proposed development, these would have in the main been larger vehicles associated with the recycling and composting business. The proposal is therefore likely to have less impact upon the local highway network than the previous use of the site as a brickworks and the last authorised use of the site by Wyecycle. Consequently, I do not consider that the proposed development would adversely impact upon traffic flows on the surrounding highway network.

33. In respect of the access, this is to be relocated to the north eastern corner of the site to maximise visibility splays and is a significant improvement over those achievable from the existing access where visibility is restricted. The required visibility splays are 2.4m x 102m to the north and 2.4m x 104m to the south which can be provided at the new access point. The access width is a minimum 4.8m wide to allow for access by emergency and refuse collection vehicles. The internal access road has been tracked to show that a 10.7m long RCV can enter and leave the site in forward gear thus meaning refuse collection can take place on the site.

34. Car parking on the site exceeds that set out in the Council’s adopted residential parking SPD. Each unit would have a minimum of 2 car parking spaces with 5 of the units also benefitting from a double car barn in addition. 2 visitor car parking spaces are proposed. Adequate access and manoeuvring associated with the parking layout is achievable so that in practise it is all accessible and usable.

35. The proposal is acceptable in highway safety terms and KH&T has no objection.

Impact upon residential amenity – existing & future residents

36. The closest existing properties to the development are Pottery Cottages to the south east of the site and on the opposite side of Oxenturn Road. These properties are over 40m from the closest proposed dwelling. Due to the siting, orientation and separation distances, the proposed development would not result in any loss of amenity for existing residents through overlooking or the development appearing overbearing or oppressive. Further, the replacement of this former brickworks site (general industrial B2 use) with residential will also result in a material reduction in noise, smells and traffic and therefore result in an improved environment for the local residents in the vicinity of the site.

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37. In respect of future residents, the size of the dwellings, individual rooms and the size of rear gardens, all either meet or considerably exceed the minimum requirements as set out in the residential space standards SPD.

38. In light of the above the proposal would not result in harm to residential amenity of existing or future residents.

Flooding & drainage; ecology; contamination

Flooding & drainage

39. The site lies outside of flood zones 2 & 3 and in a location that is not at risk of fluvial or tidal flooding. The only flood risk therefore relates to surface water. Currently there is no positive surface water drainage system on the site. There is 1 manhole cover where downpipes on the buildings drain to but there is no outlet from this. The site is largely covered by buildings and hardstanding. Given the slight drop in the land the current surface water appears to drain passively towards the adjacent land to the north (within the applicants ownership).

40. The proposal will result in a reduction of floorspace from 2143 sq.m to 1351 sq.m along with a reduction in associated hardstanding. The reduction in built development will reduce the surface water runoff associated with this site in respect of localised flood risk and this is welcomed.

41. The site comprises gault clay meaning opportunities for infiltration (being one of the most sustainable forms of SUDs) are limited. It is proposed that a surface water drainage system be formalised on the site through a series of drainage channels leading to shallow swales which converge to an outfall point to the north east of the site. From here water is dispersed onto the adjoining land (within the applicants ownership) to follow the existing overland flow path that currently exists at a controlled rate of 2/L/S/Ha. The drainage channels and swales will have sufficient capacity to serve the site and will allow for some on site infiltration as they will not be lined. In addition it is proposed to use porous paving to the parking areas to again allow for some limited infiltration. Water butts will also be attached to all properties. This will minimise any water that needs to be discharged onto the land to the north. Any water that does discharge at this point will be controlled, significantly less than that currently, and will infiltrate across this land. The proposal will have an overall benefit in respect of localised flood risk and will not impact on any nearby water courses (i.e. at Heron’s Brook).

42. I am satisfied that the surface water drainage strategy is acceptable, will work, and will be of benefit to the surrounding area. The finer details can be controlled by condition and the Council’s Drainage Engineer has no objection to the scheme. 2.18 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

43. In respect of foul water drainage, connection to a main public sewer is the preferred option however this is not possible as the closest public sewer is 1.2KM to the east of the site. The next best solution would be a mini onsite sewage treatment plant. The applicant has looked at this as this is their preferred option. They have however discounted it due to the poor porosity of the site and the fact that there are no water courses nearby that can be fed into. As such the next best option is a communal sceptic tank at the front of the site serving all 8 properties.

44. A sceptic tank is not ideal but does appear justified in this case. The tank will require consent from the EA and the exact details of this can be secured by condition. The communal sceptic tank will be controlled by a management company and is preferable to each property having their own as it will result in less traffic movements (i.e. tankers visiting the site to empty the tank).

45. In light of the above I consider that the most sustainable means of foul water drainage is being pursued and as such is acceptable in this case.

Ecology

46. As part of the application a Phase 1 Ecological assessment was undertaken. This looked at the potential for the development to impact on both European & UK protected species. The survey shows no evidence of badgers or badger setts on the site. Likewise there was no evidence of Great Crested Newts on the site. The potential for reptiles was considered to be low. Potential for the site itself to support bats was also low with the buildings being examined and considered to be low or negligible for supporting roosting bats. It concluded that no further survey work was required and biodiversity improvements can be incorporated and secured by condition.

47. Bats have been observed in the locality however it is likely that these are associated with the adjoining wildlife site rather than the former brickworks site. The proposed redevelopment would not impact upon matters of ecological importance and subject to conditions could result in an overall enhancement to the biodiversity of the area. The assessments satisfy Natural England’s standing advice.

Contamination

48. The site’s historic use was as a brickworks and more recently it was used for composting and recycling. The potential for contamination on the site is therefore high in light of these previous uses. Consequently as part of the application submission a Geo-Environmental Investigation Report was undertaken. This identified that there was contamination on the site but that the concentrations of toxic metals was low. The report suggests a watching brief. The Environmental Services Manager and the Environment Agency are 2.19 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

satisfied with the quality of the report however, given the historic uses of the site and the potential for contamination, they suggest conditions be imposed on the grant of any planning permission that cover:

• Submission and approval of a detailed remediation scheme and certification and a verification report that demonstrates the effectiveness of the remediation that has been carried out.

• Any unexpected or unanticipated contamination being reported to the LPA with a subsequent investigation and risk assessment being carried out and where necessary a remediation scheme being carried out.

• Details of foundation design to be submitted to and approved in writing by the LPA and the works to be carried out in accordance with the approved details.

49. The above conditions have been recommended and subject to compliance with these, the proposed development will not result in any risk to human health for the future occupants of the site, will not result in ground water contamination and will not result in the dispersal of contaminates onto adjoining land.

S106 contributions

50. The proposal is for 8 dwellings on a site of over 0.5 hectares. As such, in accordance with development plan policy, the scheme is subject to affordable housing contributions (35%), contributions towards carbon offsetting under the Sustainable Design & Construction SPD as well as contributions under the Public Green Spaces & Water Environment SPD.

51. Initial discussions over the viability of the scheme if full contributions were sought took place. However on 28th November 2014, Central Government issued a ministerial statement and revised its National Planning Practice Guidance (which provides guidance to interpreting the NPPF) to the extent that, with immediate effect, affordable housing and tariff style contributions should not be sought on residential developments of 10 homes (where the combined floor area of the development does not exceed 1000 sq.m) or less outside of designated rural areas (Para 12). This move has been taken to provide a boost to the country’s small house builders.

52. The scheme in question has an overall floor area of 1351 sq.m and as such S106 contributions become applicable. However para 21 of the NPPG refers to vacant building credits and states:

“Where a vacant building is brought back into any lawful use, or is demolished to be replaced by a new building, the developer should be offered a financial 2.20 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

credit equivalent to the existing gross floorspace of relevant vacant buildings when the local planning authority calculates any affordable housing contribution which will be sought. Affordable housing contributions would be required for any increase in floorspace.”

53. Paragraph 22 of the NPPG states:

“Where there is an overall increase in floorspace in the proposed development, the local planning authority should calculate the amount of affordable housing contributions required from the development as set out in their Local Plan. A ‘credit’ should then be applied which is the equivalent of the gross floorspace of any relevant vacant buildings being brought back into use or demolished as part of the scheme and deducted from the overall affordable housing contribution calculation.”

54. The floorspace of the existing buildings on the site is 2143 sq.m. This would result in an overall decrease in the floor area of buildings on the site by 792 sq.m. The buildings, although in a varying state of repair, are in the main reusable (in particular the brick buildings). Para 21 does not refer to the condition of buildings as to when they qualify under the vacant building credit. Paragraph 23 states that the vacant building credit is applied where the building(s) in question have not been abandoned. The site has until relatively recently been in use by Wyecycle for employment purposes and this involved the utilisation of the majority of the buildings on the site to some degree. As such I do not consider that the employment use of the buildings/site has been abandoned.

55. Therefore, in the light of the change in Government policy, it would be unreasonable to request that the developer enters into a legal agreement to provide a commuted sum/tariff style contribution in respect of affordable housing, open space & carbon off-setting. Further such contributions would impact upon the viability of this proposal and it is for marginal schemes such as this that the Government brought in these changes.

56. The total value of the s106 contributions not being sought as a result of the change in Government policy is approximately £240,000 plus any carbon offsetting contribution. Human Rights Issues

57. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendation below represent an appropriate balance between the interests and rights of the applicant (to enjoy his land subject only to reasonable and proportionate controls by a public authority) and the interests and rights of those potentially affected by the proposal (to respect for private life and the home and peaceful enjoyment of their properties). 2.21 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

Working with the applicant

58. In accordance with paragraphs 186 and 187 of the NPPF Ashford Borough Council (ABC) takes a positive and proactive approach to development proposals focused on solutions. ABC works with applicants/agents in a positive and proactive manner as explained in the note to the applicant included in the recommendation below.

Conclusion

59. The proposed development would result in the creation of 8 dwellings in the countryside and the loss of this employment site. The viability and feasibility appraisals demonstrate beyond any reasonable doubt that the reuse of the site for employment purposes is economically unviable and undesirable. Local residents have also raised concerns over the re-use of the site for employment purposes. The loss of the site for employment purposes is acceptable.

60. The lack of viability for the re-use of a site for employment purposes in itself is not reason to allow residential development. This site however has caused much local concern over the years and is unsightly. Redevelopment for residential purposes would be the only re-use that would be economically viable and allow the site to be tidied up and significantly enhanced from a visual perspective. The amount of development proposed is derived from finding the minimum amount to make the scheme economically viable whilst ensuring that the development remains low density and spacious. The size, scale and design of the development is sensitive and subject to sensitive boundary treatments and appropriate landscaping will result in a significant visual enhancement of the area and the adjacent AONB. The development will not be visible in the landscape from medium to long range views and only readily visible from localised short range views along Oxenturn Road. The site is not isolated in terms of the NPPF and redevelopment for an appropriate low key residential use has significant sustainability benefits in this case.

61. The proposed development would not adversely impact upon the residential amenity of existing residents close by and indeed the loss of the B2 general industrial use may well result in an overall improvement to living conditions. The proposed dwellings exceed the Council’s Residential Space Standards and as such the level of amenity afforded to future residents is also acceptable.

62. The proposed new access point to the north of the site provides adequate visibility in both directions and is an improvement over the existing. The proposal meets/exceeds the requirements of the adopted Residential Parking SPD and the access road adequately accommodates a refuse collection vehicle so as to allow refuse collection to take place off the public highway. 2.22 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

The surrounding road network has the capacity to accommodate the additional vehicles generated by the 8 dwellings without detriment to highway safety. The removal of larger vehicles from the local highway network associated with this employment site would be an overall benefit.

63. Kent Highways & Transportation has raised no objection. I consider that the proposal is acceptable in highway safety terms.

64. The proposal is acceptable, subject to conditions, from an ecological, contamination and foul and surface water drainage perspective. The proposal would not harm the residential amenity of existing or future residents.

65. Following the clear ministerial guidance issued in November 2014 I do not consider that the S106 contributions set out in Table 1 of this report can be justified and therefore should not be sought.

66. In light of the above I consider that the scheme proposed is one that justifies a departure from the development plan, which would normally resist residential development and loss of business premises in this location. I therefore recommend that planning permission is granted.

Recommendation

Permit

Subject to the following conditions and notes:

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Written details including source/manufacturer, and samples of bricks, tiles and cladding materials, including colour, to be used externally shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced and the development shall be carried out using the approved external materials.

Reason: In the interests of visual amenity.

3. Prior to the erection of any of the dwellings on the site the following details shall have been submitted to and agreed in writing by the Local Planning Authority:

2.23 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

• 1:5 and/or 1:10 sectional details through: window reveals; eaves, facias, soffits and barge boards; ridge, plinth, dormer windows, chimney pots & joints of brickwork and weatherboard

• 1:5 and/or 1:10 sectional details through porches, entrance canopies and supporting brackets

• Location of rainwater goods and downpipes including colour

The development shall be carried out in accordance with the approved details

Reason: To ensure a high quality development and in the interests of visual amenity.

4. No flues, vents, grilles or meter boxes shall be installed on the front elevation of any of the dwellings hereby permitted.

Reason: In the interest of visual amenity

5. All windows, doors and external joinery shall be constructed from wood.

Reason: In the interest of visual amenity and to ensure a high quality design

6. A landscaping scheme for the site (which may include entirely new planting, retention of existing planting or a combination of both) shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall (with the exception of the planting to the front eastern boundary) be carried out fully within 12 months of the completion of the development. Any trees or other plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written consent to any variation.

Reason: In order to protect and enhance the amenity of the area.

7. The landscaping scheme, as submitted under condition 6 above, shall show mature/semi-mature tree and hedge planting along the front eastern boundary of the site with the road. The approved landscaping along the front eastern boundary shall be undertaken within the first planting season following the commencement of the development. The landscaping shall then be fully protected throughout the duration of the construction of this development in accordance with details that have previously been submitted to and approved 2.24 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

in writing by the Local Planning Authority. Any trees or other plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written consent to any variation.

Reason: In the interest of visual amenity.

8. All trees planted shall be protected against stock and rabbits when planted in accordance with details that shall have been previously agreed with the Local Planning Authority and such protection shall be maintained at all times.

Reason: In the interests of good forestry and amenity.

9. 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 protected during any operation on site by temporary fencing in accordance with the approved Tree Protection Plan and Arboricultural Impact assessment dated July 2014 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 or downwind of the trees and other vegetation;

(c) No materials or equipment shall be stored within the spread of the branches or Root Protection Area 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 or Root Protection Areas of the trees and other vegetation;

(e) Ground levels within the spread of the branches or Root Protection Areas (whichever the greater) 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.

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.

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10. Details of the final surface finish of all areas of hard standing as set out on drawing 13.141.09 Rev G shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. The development shall then be carried out in strict accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interest of visual amenity

11. Prior to the commencement of development herpatile exclusion fencing shall be erected around the perimeter of the site in accordance with details previously submitted to and approved in writing by the Local Planning Authority. The fencing shall thereafter be retained as an effective barrier preventing herpatiles from entering the site and shall remain in situ until the completion of the development.

Reason: To ensure that European and UK protected species are not harmed as a result of the development.

12. A landscape, ecological and surface water drainage management plan for the application site itself as well as the land edged in blue on approved drawing 13.141.20 Rev P, including long term design and bio-diversity objectives, management responsibilities and maintenance schedules for all areas, other than small, privately owned, domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any of the units hereby permitted. The landscape and ecological management plan shall be carried out as approved.

Reason: To ensure the application site and adjoining areas are properly managed and maintained in the interest of visual amenity and to enhance biodiversity in the locality.

13. Details of a scheme for the protection and enhancement of biodiversity, including bat & bird boxes, use of native species in landscaping and incorporation of features beneficial to wildlife wherever possible within and around the perimeter of the site, together with details of the timing/phasing of the respective elements forming the scheme and proposed management arrangements, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of the final dwelling on the site and thereafter maintained.

Reason: In order to ensure the development builds in opportunities for beneficial biodiversity as part of good design.

14. The area shown on the drawing number 13.141.09 Rev G as vehicle parking space, garages and turning shall be provided, surfaced and drained in accordance with details submitted to and approved in writing by the Local 2.26 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

Planning Authority before the use is commenced or the premises occupied, and shall be retained for the use of the occupiers of, and visitors to, the development, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason: Development without provision of adequate accommodation for the parking of vehicles is likely to lead to parking inconvenient to other road users

15. The bicycle storage facilities as shown on drawing no: 13.141.09 Rev G shall be completed and available for use prior to the first occupation of the dwelling to which it relates. It shall thereafter be retained.

Reason: To ensure the provision and retention of adequate off-street parking facilities for bicycles in the interests of highway safety.

16. Prior to works commencing on site, details of parking for site personnel as well as details of loading and turning areas for construction traffic shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be provided and retained throughout the development. These details shall include the means by which site staff shall be prevented from parking on nearby residential streets. The approved parking, loading and turning areas shall be provided prior to the commencement of development.

Reason: To ensure provision of adequate parking, loading and turning facilities for vehicles in the interests of highway safety and to protect the amenities of local residents in accordance with policy.

17. Prior to the commencement of development, details of facilities, by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances at the application site, shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall then be provided prior to the works commencing on site and thereafter shall be maintained in an effective working condition and used before vehicles exit the site and enter onto the adopted highway for the duration of the construction works.

Reason: To ensure that no mud or other material is taken from the site onto the neighbouring highway by wheels of vehicles leaving the site to the detriment of highway safety and the amenities of local residents.

2.27 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

18. No development shall commence until plans and particulars of a sustainable drainage system (including the details below) for the disposal of the site’s surface water have been submitted to and approved in writing by the Local Planning Authority.

The final drainage plan for the scheme will be approved by Ashford Borough Council to ensure that surface water runoff from the site is being dealt with appropriately and in line with Ashford Borough Council’s Sustainable Drainage SPD. This will include a modified surface water drainage strategy which satisfies the requirements of the SPD.

All discharging of surface water runoff will be dealt with within the application boundary via suitable methods approved by Ashford Borough Council. Should discharging of all surface water within the site boundary not be achievable then a suitable alternative should be proposed for agreement by Ashford Borough Council. Proposals should identify any overland flow paths, channelling of flows, or piped flows along with the final point of discharge of the water from the site into a suitable drainage ditch, or water body, or other suitably agreed point of discharge (Subject to the required permission being achieved).

The submitted system shall comprise retention or storage of the surface water on-site or within the immediate area in a way which is appropriate to the site’s location, topography, hydrogeology and hydrology.

The submitted system shall be designed to

• avoid any increase in flood risk,

• avoid any adverse impact on water quality,

• achieve a reduction in the run-off rate in accordance with the Ashford Borough Council Sustainable Drainage SPD document, adopted October 2010.

• promote biodiversity,

• enhance the landscape,

• improve public amenities,

• return the water to the natural drainage system as near to the source as possible and

• operate both during construction of the development and post-completion.

2.28 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

The submitted details shall include identification of the proposed discharge points from the system, a timetable for provision of the system and arrangements for future maintenance (in particular the type and frequency of maintenance and responsibility for maintenance).

The approved system shall be provided in accordance with the approved timetable. The approved system shall be maintained in accordance with the approved details and shall be retained in working order until such time as the development ceases to be in use.

If the proposed surface water discharge point is to be the existing public sewer the applicant must provide written confirmation from Southern Water of their agreement to the proposals.

Reason: In order to reduce the impact of the development on flooding, manage run-off flow rates, protect water quality and improve biodiversity and the appearance of the development pursuant to Core Strategy Policy CS20

19. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason: To prevent pollution of the water environment.

20. None of the dwellings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. These details shall also include, where relevant, the long term maintenance and management regime for such systems.

Reason: To avoid pollution of the surrounding area.

21. Prior to commencement of development, A site investigation and risk assessment must be prepared to assess the nature and extent of any contamination on the site, whether it originates on the site or from adjacent land. The site investigation and risk assessment must be undertaken by a competent person(s) and a written report of the findings must be prepared and submitted and approved in writing by the Local Planning Authority

The report must include:

(i) A survey of the extent, scale and nature of contamination

2.29 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

(a) An appropriate assessment of the potential risks to human health, property (existing or proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater and surface water, ecological systems, archeological sites and ancient monuments

(b) An appraisal of remedial option(s) and a proposal for the preferred option(s).

This work must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination CLR11.

Reason: To ensure that risks from land contamination to the future users of land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

22. Prior to the commencement of development, a detailed remediation scheme to ensure that the site is suitable for the intended use (by removing unacceptable risks to human health, buildings and other property and the natural and historical environment) must be submitted to and approved in writing by the Local Planning Authority. The scheme must describe all the relevant works to be undertaken including, the proposed remediation objectives and performance criteria, a schedule of works and site management protocols.

The scheme must deliver a site that will not qualify as ‘contaminated land’ under Part 2A of the Environmental Protection Act 1990, having regard to the intended use of the land after remediation.

The approved scheme shall thereafter be carried out in accordance with its approved terms, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be notified at least two weeks prior to commencement of the remediation scheme works.

Following completion of the remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be prepared and submitted for approval in writing by the Local Planning Authority.

2.30 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

23. If unexpected contamination is found at any time when carrying out the approved development it must be reported in writing to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared.

Following completion of the remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be prepared and submitted for approval in writing by the Local Planning Authority.

24. Piling or any other foundation designs using penetrative methods shall not be used other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason: To protect controlled waters because the site investigation report identified shallow groundwater levels.

25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no development shall be carried out under Schedule 2 Part 1 and Classes A-F, Part 2 & Class A and Part 40 & Class A 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 visual amenity.

26. A water-butt shall be provided to all dwelling houses prior to their first occupation and shall thereafter be retained.

Reason: To allow for the storage of rainwater on site for watering of soft landscaping and thereby reduce the demand for mains water on site.

27. The dwellings hereby approved shall be constructed to achieve a minimum Code for Sustainable Homes (or subsequent equivalent quality assured scheme) overall Level 2 with 1 credit awarded under the Ene7 (Low and Zero Carbon Technologies) criterion(or subsequent equivalent criterion) 2.31 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

Unless otherwise agreed in writing by the Local Planning Authority, no work on a dwelling shall commence until the following for that dwelling has been submitted to and approved in writing by the Local Planning Authority:

1. A feasibility study to establish the most appropriate local low and zero carbon (“LZC”) technologies to install

2. Standard Assessment Procedure (“SAP”) calculations from a competent person stating the estimated amount of carbon emissions from energy demand with and without LZC technologies installed

3. A Code for Sustainable Homes ‘Design Stage’ report and related certification produced by a registered assessor

4. Details of the measures and LZC and other technologies to be used to achieve the Code for Sustainable Homes Level and credit specified above.

The development shall be carried out in accordance with the approved report and details.

The approved measures and LZC and other technologies for achieving the Code for Sustainable Homes Level and credit specified above shall thereafter be retained in working order unless otherwise agreed in writing by the Local Planning Authority.

Unless otherwise agreed in writing by the Local Planning Authority, no dwelling shall be occupied until a) and b) below have been submitted to and approved in writing by the Local Planning Authority for that dwelling:

a) SAP calculations from a competent person stating the actual amount of carbon emissions from energy demand with the LZC technologies that have been installed and what the emissions would have been without them and

b) a Code for Sustainable Homes ‘Post Construction Stage’ report and related certification produced by a registered assessor confirming the Code level that has been achieved and the credits awarded under Ene7

Reason: In order to

(i) achieve zero carbon growth and ensure the construction of sustainable buildings and a reduction in the consumption of natural resources,

(ii) seek to achieve a carbon neutral development through sustainable design features and on-site low and/or zero carbon technologies and 2.32 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

(iii) confirm the sustainability of the development and a reduction in the consumption of natural resources and

(iv) to calculate any amount payable into the Ashford Carbon Fund, thereby making the development carbon neutral

all pursuant to Core Strategy policy CS10, the Sustainable Design and Construction SPD and the National Planning Policy Framework.

28. No development shall take place until full plan and cross-section details of any proposed earthworks have been submitted to and approved in writing by the Local Planning Authority. These details shall include any proposed grading and mounding of land areas and full details of existing and final levels throughout the development also showing the levels of the proposed development in relation to the existing ground levels. The development shall only be carried out in accordance with the approved details.

Reason: In the interests of the amenity of the area.

29. Before any construction commences on the site the following shall be submitted and approved in writing by the Local Planning Authority;-

• Code of Construction Practice;

• Hours of working for construction;

• The management and location of utility services within the development;

These matters approved shall then be implemented as approved.

Reason: To ensure the protection of amenity during and following development.

30. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) or any other Order or any subsequent Order revoking or re-enacting that Order, the dwellings hereby approved shall only be occupied as single dwelling houses as described by Use Class C3 of the Town and Country Planning Use Classes Order 1987 as amended.

Reason: To ensure that car parking provided within the development remains adequate to meet the needs of the occupiers of the development and to protect the amenities of future occupiers of the development.

2.33 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

31. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written specification and timetable which has been submitted to and approved in writing by the Local Planning Authority. The works shall then be carried out in accordance with the approved details.

Reason: To ensure that features of archaeological interest are properly examined and recorded.

32. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of building recording in accordance with a written specification and timetable which has been previously submitted to and approved in writing by the Local Planning Authority. The works shall then be carried out in accordance with the approved details.

Reason: To ensure that historic building features are properly examined and recorded.

33. Prior to its erection on site details of any external lighting proposed (including height, design, location, intensity and light spillage) shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall then be carried out in strict accordance with the approved details and thereafter maintained. No external lighting shall be installed on the site other than that approved without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and matters of ecological importance..

Notes to Applicant

1. Working with the applicant

In accordance with paragraphs 186 and 187 of the NPPF Ashford Borough Council (ABC) takes a positive and proactive approach to development proposals focused on solutions. ABC works with applicants/agents in a positive and proactive manner by;

• offering a pre-application advice service,

• as appropriate updating applicants/agents of any issues that may arise in the processing of their application

• where possible suggesting solutions to secure a successful outcome,

2.34 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015 ______

• informing applicants/agents of any likely recommendation of refusal prior to a decision and,

• by adhering to the requirements of the Development Management Customer Charter.

In this instance:

• the applicant/agent was updated of any issues after the initial site visit,

• was provided with pre-application advice,

• The applicant was provided the opportunity to submit amendments to the scheme/address issues.

• The application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the committee and promote the application.

2. The applicants attention is drawn to the advice and guidance contained within the EA’s letter dated 24 September 2014.

3. This permission does not convey any approval for the required vehicular crossing or any other works within the highway which permission must be obtained from Kent Highways Services, Mid Kent Area Office, Doubleday House, St. Michaels Close, Aylesford, Kent, ME20 7BU

Background Papers

All papers referred to in this report are currently published on the Ashford Borough Council web site (www.ashford.gov.uk) . Those papers relating specifically to this application may be found on the View applications on line pages under planning application reference 14/01017/AS.

Contact Officer: Oliver Peel Telephone: (01233) 330278 Email: [email protected]

2.35 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015

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Annex 1

2.36 Ashford Borough Council - Report of Development Control Managers Planning Committee 4 February 2015

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Annex 1A

2.37