Head of Legal and Democratic Services and P Monitoring Officer, T W Mortimer LLB Solicitor

Planning Committee

Notice of a Meeting, to be held in the Council Chamber, Civic Centre, Tannery Lane, Ashford, TN23 1PL on Wednesday, the 26th May 2010 at 7.00pm ______The Members of this Committee are:- Cllr. Mrs Marriott (Chairman) Cllr. Wedgbury (Vice-Chairman) Cllrs. Mrs Blanford, Burgess, Davison, French, Mrs Heyes, Mrs Hicks, Honey (ex officio), Mrs Hutchinson, Mrs Martin, Naughton, Norris, Packham, Smith

If additional material is to be submitted for the attention of the Planning Committee this must be received by the Development Control Manager or Strategic Sites and Design Manager before 3pm on the day of the Committee Meeting otherwise, the information will not be presented to the committee

Agenda Page Nos. 1. Apologies/Substitutes – To receive Notification of Substitutes in accordance with Procedure Rule 1.2(iii) and Appendix 4. 2. Declarations of Interest – (a) Declarations of Interest under the Code of Conduct adopted by the Council on the 24th May 2007 relating to items on this agenda should be made here. The nature as well as the existence of any such interest must also be declared. (b) Declaration of Interest: Amenity Societies etc. “I am a member of an (Amenity Society) which has formally expressed a view on the following application but I have retained an open mind on the merits of each one” (Members need only state that they make the declaration set out under item 2(b) of the Agenda in respect of certain applications and give the reference number(s)) 3. Minutes – To approve the Minutes of the Meeting of this Committee held on the 28th April 2010 4. Requests for Deferral/Withdrawal Part I – Information/Monitoring Items None for this Meeting Part II – For Decision 5. Schedule of Reports Page Nos. (a) 10/00059/AS - Dobbies - Phase 4, Eureka Leisure Park, Rutherford 1.1 Road, Ashford, Kent, TN25 4BW - Erection of a garden centre incorporating restaurant/café and farm food hall with ancillary works including car parking, access and landscaping

(b) Exempt Supplementary Report 10/00059/AS - Dobbies - Phase 4, 2.1 Eureka Leisure Park, Rutherford Road, Ashford, Kent, TN25 4BW - Erection of a garden centre incorporating restaurant/café and farm food hall with ancillary works including car parking, access and landscaping

Note: If it is desired to discuss the Exempt Supplementary Report, it will ne necessary first to consider passing the following resolution to exclude the public:-

That pursuant to Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting during consideration of the Exempt Supplementary Report as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the public were present there would be disclosure of exempt information specified in paragraphs 3 and 5 of Schedule 12A to the Act (i.e. financial or business affairs; and legal professional privilege)

(c) 08/01503/AS - Land West of Knoll Lane Ashford - Erection of a 3.1 mixed development comprising 40 houses and 24 apartments (30% affordable) with the provision of Public Open Space with associated access and landscaping

(d) 09/00713/AS - Terrys Wood Farm, Spelders Hill, Brook, Ashford, 4.1 Kent, TN25 5PB - The erection of an agricultural dwelling

(e) 09/00863/AS - Daniels Farm, The Pinnock, , Ashford, TN27 5.1 0SY - Conversion and change of use of 2 redundant poultry sheds for stabling and ancillary storage, use of agricultural building 5 for storage of horse boxes and trailers and construction of manege to provide an equestrian livery business with associated parking. Use of farm bungalow in association with equestrian livery use

(f) 09/01447/AS - Cherry Orchard, Cherry Orchard Lane, , 6.1 Ashford, Kent, TN25 7AZ - Alterations (including demolition of two small extensions) and erection of a rear extension

(g) 09/01448/AS - Cherry Orchard, Cherry Orchard Lane, Bonnington, 7.1 Ashford, Kent, TN25 7AZ - Alterations (including demolition of two small extensions) and erection of a rear extension

(h) 10/00382/AS - 17 The Green, Woodchurch, Ashford, Kent, TN269 8.1 3PF - Two storey rear extension

(i) 10/00427/AS - Ashlawn, Criol Lane, , Ashford TN26 9.1 1LH - Erection of a detached 3 bedroom dwelling with parking area and detached double garage to serve Ashlawn

Page Nos. (j) 10/00565/AS - Garages rear of 43 and 45, Arlington, Ashford, Kent - 10.1 Removal of existing garages and erection of three, three bedroom terrace houses

KL/EB 18th May 2010

Note for each Application:

(a) Private representations (number of consultation letters sent/number of representations received) (b) The indication of the Parish Council's/Town Council’s views (c) Statutory Consultees and Amenity Societies (abbreviation for consultee/society stated)

Supports 'S', objects 'R', no objections/no comments 'X', still awaited '+', not applicable/none received '-'

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Queries concerning this agenda? Please contact Kirsty Liddell: Telephone: 01233 330499 Email: [email protected] Agendas, Reports and Minutes are available on: www.ashford.gov.uk/committees

P280410

Planning Committee

Minutes of a Meeting of the Planning Committee held in the Council Chamber, Civic Centre, Tannery Lane, Ashford on the 28th April 2010

Present:

Cllr. Mrs Marriott (Chairman);

Cllrs. Mrs Bell, Mrs Blanford, Clarkson, Davison, French, Mrs Heyes, Heyes, Mrs Hicks, Mrs Hutchinson, Norris, Packham, Smith, Wells

In accordance with Procedure Rule 1.2 (iii) Councillors Mrs Bell and Mrs Heyes attended as Substitute Members for Councillors Burgess and Wedgbury respectively

Apologies:

Cllrs. Burgess, Clokie, Wedgbury

Also Present:

Cllrs. Cowley, Mrs Hawes, Wood.

Strategic Sites and Design Manager, Development Control Manager, Local Transport and Development Planner (Kent Highway Services), Principal Solicitor (Strategic Development), Member Services and Scrutiny Support Officer.

523 Declarations of Interest

Councillor Interest Minute No.

Mrs Blanford Code of Conduct – Personal but not Prejudicial – Member of the Ashford Rural Trust and Weald of Kent Protection Society neither of whom had not commented on any item on the agenda.

Davison Code of Conduct – Personal but not Prejudicial – 527 - Member of Campaign to Protect Rural , 09/00713/AS 09/01173/AS and, 10/00090/AS

Ashford Rural Trust who had not commented on any item on the agenda.

Mrs Heyes Code of Conduct – Personal but not Prejudicial – 527 - application went through part of her Ward. 10/00090/AS

Mrs Hicks Code of Conduct – Personal but not Prejudicial – 527 - Member of Parish Council. 10/00090/AS

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Mrs Marriott Code of Conduct – Personal but not Prejudicial – Council appointed representative on the Kent Downs (AONB) Joint Advisory Committee and Executive Committee – had retained an open mind.

Packham Code of Conduct – Personal and Prejudicial – 527 - was not in favour of the alterations to be made to 10/00407/AS the Church – left the Chamber when the application was discussed.

524 Minutes

Resolved:

That the Minutes of the Meeting of this Committee held on the 31st March 2010 be approved and confirmed as a correct record.

525 Requests for Deferral/Withdrawal Application No.

09/00713/AS – Terrys Wood Farm, Spelders Hill, Brook, Ashford, Kent, TN25 5PB

The application had been deferred to the next meeting of the Planning Committee at the request of the Ward Members.

526 Information Report for Planning Committee on 28th April 2010 – Appeal Decisions Received Between January and March 2010

The Development Control Manager introduced the report and advised that the figure for “appeals allowed” that was shown in the report for January to March 2010 was incorrect and should read 0% instead of 100% as stated.

He then drew Members’ attention to aspects of a number of decisions:

• 08/01638/AS Land rear of Marsh House, Dismissed

The Inspector found that the proposal was contrary to saved policy RE2 and policy TRS7 of the LDF.

• 08/01834/AS Land adjacent to 35 Riversdale Road Dismissed

The Inspector found that it was a restrictive site and as such would have an unacceptable impact on the character and appearance of the area.

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• 09/00147/AS Land to the SW of 14 Forest Avenue Dismissed

Second appeal on the site, the previous Inspector’s conclusions were material in the determination of the current appeal. There was a costs application made against the Council which had been granted.

• 08/02146/AS Land to the rear of 59 Bridge Street Dismissed

The Inspector was concerned that vehicles could use the footpath which would interfere with the safe use of that path and therefore the proposed development would not easily integrate into the infrastructure.

• 09/00207/AS Robin Hood Cottage, Dismissed

The Inspector found that the building was not visually subservient to the host dwelling and was inappropriate in its context and undermined the dominance of the landscape.

• 09/00754/AS Land adjacent to 16 Cherry Orchard Dismissed

The proposal would not provide acceptable living conditions for future occupiers with particular reference to outdoor amenity space in conflict with national guidance in PPS3.

• 09/00030/AS 2 Middle Monks Cottage, Dismissed

The Inspector commented that unusually for a garden shed the west elevation facing the adjoining garden had been extensively glazed and this caused loss of privacy to the adjoining occupiers.

• EN/05/139 Land at Cobb Tree Meadow, Woodchurch Dismissed

Considering the overall balance the Inspector gave more weight to the harm to the character and appearance of the area and to the site’s limitations regarding sustainability than to the occupier’s need for accommodation and the availability of gypsy sites in the Borough.

There was discussion regarding a recent unsuccessful appeal to the High Court by Smarden Parish Council over a travelling showpersons site. It was thought that the Parish Council may appeal the decision.

A Member drew attention to application 09/00147/AS - Land to the SW of 14 Forest Avenue which the Planning Committee had refused against Officers advice and the refusal had been upheld by the Inspector – he felt that this showed local democracy in action and that the Committee had made the right decision.

The Chairman congratulated Members and Officers on such good results over the year, 25% of appeals allowed being significantly less than the target of 40%.

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527 Schedule of Applications

Resolved:

That following consideration of (a), (b) and (c) below,

(a) Private representations (number of consultation letters sent/number of representations received)

(b) The indication of the Parish Council’s/Town Council’s views

(c) The views of Statutory Consultees and Amenity Societies (abbreviation for consultee/society stated)

Supports ‘S’, objects ‘R’, no objections/no comments ‘X’, still awaited ‘+’, not applicable/none received ‘-’ decisions be made in respect of Planning Applications as follows: -

______

914 P280410 ______

Application Number 08/01868/AS

Location Unit 7, Fairview Industrial Park, Hamstreet Road, , Ashford, Kent TN26 2PL

Grid Reference 01923/33294

Parish Council Ruckinge

Ward Saxon Shore

Application The permanent siting 1 portakabin for use as an office, Description use of area for open storage to the rear of the industrial unit, the permanent siting of storage buildings to the west of the site with linked roofs, the permanent siting of 2 other storage containers to the front of the main unit and a landscaped play demonstration area (part retrospective)

Applicant Mr. T. Markham

Agent -

Site Area 0.469 Hectares

(a) 17/11R (b) R (c) KHS X, EA X, EHM (EP) R

The Development Control Manager drew Members’ attention to the Update Report. There were several points to take note of:

• Amendments were suggested to Conditions 2 and 9.

• Annexe 3 which stated that the conditions of the 1989 permission did not apply to Unit 7 was incorrect – they did apply as the permission was implemented.

• Further comments had been received from Ruckinge Parish Council – a statement had been submitted which was read out in full.

In accordance with Procedure Rule 9.3 Mr Chapman, representing the owners of a neighbouring property, spoke in objection to the application. He advised that he was a Chartered Surveyor who was representing the Zaccheo family who lived at The Willows which was adjacent to the application site. He had also met with other local residents who objected to the proposal. There had been a number of objections and the Parish Council’s statement was clear – granting the application would open a can of worms. The application had been controversial from the start. Officers appeared to be of the opinion that by granting the application they would be able to have better

915 P280410 ______control over the site. There were concerns about the play demonstration area which by its nature indicated that a degree of retail interaction would take place on the site. He did not feel that the application would improve the current situation in fact he felt that it would make it worse. He urged the Committee to refuse the application.

In accordance with Procedure Rule 9.3 Mr Markham, the applicant spoke in support of the application. He advised Members that he was the Owner of Park Leisure, the applicant, and thanked them for giving him the opportunity to address the Committee. The company had invested money in the site to make improvements and as a result Park Leisure now ran a cleaner, greener and quieter operation. They had been visited, monitored and approved by Environmental Health and had decreased noise emissions. They had had discussions with their neighbour at Rainbow Waters who was located directly next to the paint shop and had been informed that he was happy with the improvements that had been made and the proposal. The paint shop had been relocated to within the factory and as such a reduction in noise had been achieved. The company now used a CAD engineering system which allowed them to order pre-cut steel which meant that they no longer needed to work outside which was a benefit to all. In conclusion Mr Markham advised that he wished for his business to remain in Ruckinge and provide local jobs for local people. He requested that the Committee support the Officers recommendation.

One of the Ward Members attended and spoke in support of the application

Resolved:

Subject to the receipt of amended plans showing the storage containers and linking structures (identified as 3 and 4 on plan 02A) being moved away from the west boundary sufficient to allow additional planting to be provided along this boundary the Development Control Manager be authorised to grant permission for the following reasons:

1. The site is located in a rural area where there is no objection to the principle of the proposed development.

2. The scale, location and nature of the development would not significantly adversely affect the character and appearance of the rural landscape.

3. Any potentially significant impacts on the amenities of nearby dwellings can be satisfactorily mitigated by conditions.

4. Other issues raised by consultees have been assessed and there are not any which would warrant refusal of the application.

Permit

Subject to the following conditions:

916 P280410 ______

1. The buildings, structures, demonstration mound hereby permitted shall be removed and the storage area hereby permitted shall cease to be used and the land restored to its former condition on or before 30 April 2013 in accordance with a scheme of work submitted to and approved by the Local Planning Authority in writing within 6 months of the date of this permission, unless the Local Planning Authority has in the meantime granted planning permission for a further period.

Reason: To allow the Local Planning Authority to monitor the impact of the development and review its acceptability at the end of the period in the interests of the amenity of local residents.

2. No process which causes detriment to the amenities of the area by reason of noise, vibration, smell, fumes, smoke, ash, dust or grit shall be carried on within any of the buildings or containers on the application site nor shall any machinery be installed within any of the buildings or containers which by reason of noise, vibration, smell, fumes, smoke, ash, dust or grit causes detriment to the amenities of the area.

Reason: To enable the Local Planning Authority to regulate and control the proposed development in the interests of the amenity of the area.

3. No work shall be carried out, no power driven machinery shall be used, no deliveries taken at or despatched from the site on Sundays or Bank or Public Holidays, or on any day between 19.00 hours and 07.00 hours.

Reason: In order to safeguard the amenity of nearby residential properties.

4. No industrial processing or use of power driven machinery shall take place outside or in any of the storage buildings, containers and portakabin hereby approved.

Reason: In order to safeguard the amenity of nearby residential properties.

5. No storage of materials shall take place outside the buildings, containers and area specified for that use on the approved site layout plan Plan no. 02a. The height of any outside storage within the area specified on the approved site layout plan shall not exceed 2 metres above ground level.

Reason: To enable the Local Planning Authority to regulate and control the proposed development in the interests of the amenity of the area.

6. Within two months of the date of this permission a lighting scheme for the site which shall include the type of lights, their location and their hours of use shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall then be implemented within two months of its approval and no other lights shall be illuminated or installed on the site without the without the 917 P280410 ______

prior written consent of the Local Planning Authority and all lights shall be located and operated in accordance with any written approval.

Reason: In the interests of amenity of adjoining residents.

7. The northern and western boundary of the site and the landscaped play area shall be defined by landscaping in accordance with details to be submitted to the Local Planning Authority in writing within two months from the date of this permission. Once approved in writing the landscaping scheme shall then be implemented within 6 months and shall be permanently retained and maintained as approved.

Reason: In the interests of visual and residential amenity.

8. The buildings hereby permitted shall be finished in a colour, details of which shall be submitted to and approved by the Local Planning Authority in writing within 3 months of the date of this permission. The approved colour scheme shall be fully implemented within 6 months of the permission and thereafter permanently maintained as approved.

Reason: In the interests of visual amenity.

9. The vehicle turning area hereby approved on drawing no. 02a shall be maintained and kept clear of any obstruction nor shall any vehicle be parked on it and it shall remain available for use at all times by the occupants of units 1-7 Fairview Industrial Park and visitors to the industrial park and all vehicles shall leave the site in a forward gear.

Reason: In the interests of highway safety.

10. The portakabin hereby approved shall be used only as an ancillary office and the storage buildings and containers as ancillary storage accommodation to the main production building at the site by Park Leisure Limited only, and for no other purpose and once any of the uses ceases or Park Leisure Limited cease to have an interest in the land, the relevant building or containers shall be removed from the site within 3 months of its last occupation/use.

Reason: In the interests of visual amenity.

11. Within 3 months of the date of this, permission details of the existing or proposed soakaways together with details of existing and proposed foul drainage, shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be fully implemented within 6 months of the date of the permission and thereafter maintained.

Reason: In order to allow for the proper drainage of the site

918 P280410 ______

Notes to Applicant

1. The applicant should ensure that the existing drainage systems are well maintained and of sufficient capacity to cope with any additional flow or loading that may occur as a result of this proposal.

2. The applicant is advised that if the septic tank is existing, the applicant should ensure it is in a good state of repair, regularly desludged and of sufficient capacity to deal with any potential increase in flow and loading which may occur as a result of this proposal. ______

Application Number 09/00713/AS

Location Terrys Wood Farm, Spelders Hill, Brook, Ashford, Kent, TN25 5PB

Grid Reference 05959/43561

Parish Council Brook

Ward Saxon Shore

Application The erection of an agricultural dwelling Description

Applicant Mr W Kemp, Terrys Wood Farm, Spelders Hill Brook Ashford, TN25 5PB

Agent Mr P Hodges , 77 Commercial Road Paddock Wood Tonbridge, TN12 6DS

Site Area 0.1 Hectares

(a) 10/9 (b) X (c) RPL X, KHS X, AR X, CPRE S 3 R X, PROW R

Amended 20/- (b) - (c) KHS X, RPL X Details

Deferred to the next Meeting of the Planning Committee at the request of the Ward Members.

919 P280410 ______

______

Application Number 09/00998/AS

Location 3 Whitehill Cottages, Canterbury Road, , Canterbury, Kent, CT4 8EB

Grid Reference 08289/54172

Parish Council Chilham

Ward Downs North

Application Proposed two storey side extension with room in the roof Description with dormer windows and single storey rear extension to dwelling

Applicant Mr A Millar, 3 Whitehill Cottages, Canterbury Road, Chilham, Canterbury, Kent, CT4 8EB

Agent Ms D Staples, 1 Lees Cottages, Lees Road, Yalding, Kent, ME18 6DE

Site Area 0.05 Hectares

(a) 5/1+ (b) S (c) -

The Development Control Manager drew Members’ attention to the Update Report. Photographs had been supplied by the applicant and were appended.

In accordance with Procedure Rule 9.3 Mr Millar, the applicant spoke in support of the application. He advised Members that he felt there was an error contained within the report as he had checked, using the Councils online mapping system, the boundaries of the Conservation Area and the Old Wives Lees Landscape Character Area and had found that his property was located 200m outside these areas. The area consisted of a mix of dwellings and it was hoped that the proposal would add to the visual amenity as opposed to the current situation. The plans for the proposal had been amended at the request of their neighbours who were now happy with the proposal. In his opinion the proposed extensions were not harmful nor were they bulky or unbalanced, in fact the proposal would assist with balancing 3 Whitehill Cottages with its neighbour.

The fact that the location of the site was within the Landscape Character Area was clarified for the benefit of Members.

920 P280410 ______

Resolved:

That for the following reasons the Planning Committee Permit this application:

1. The development will improve and complete the visual appearance of the building with limited impact on the character of the area.

Permit

Subject to the following conditions:

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

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

2. The development shall be carried out in materials which match those of the existing building.

Reason: To assimilate the new development with the existing in the interests of visual amenity ______

Application Number 09/01173/AS

Location Site comprising of Stonebridge Green Inn and Cornerways, Brook Street, Woodchurch, Kent

Grid Reference TQ594630/133888

Parish Council Woodchurch

Ward Weald South

Application Demolition of public house and dwelling. Erection of Care Description Home for the elderly and 4 extra care bungalows

Applicant Graham Care Ltd, 20 Cranley Road, Burwood Park, Walton-on-Thames, Surrey. KT12 5BP

Agent Tanner & Tilley Planning Ltd, 4 Beresford Road, Bournemouth, Dorset, BH6 5AA

Site Area 0.87 Hectares

921 P280410 ______

(a) 59/8R (b) S (c) KHS X, NE X, CPRE R, EA R, KCC (Heritage) X, SW X

Resolved:

(A) That for the following reasons the Planning Committee Permit this application:

1. The development would not be harmful to the residential amenities of nearby dwellings.

2. The site is within the limits to built development where there is no objection to the principle of the proposed development

3. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

4. The traffic movements generated by the development could be accommodated without detriment to highway safety.

5. The development makes adequate provision for the parking of vehicles within the application site.

6. Other environmental impacts have been assessed and there are not any which would warrant refusal of the application.

7. Other issues raised by consultees have been assessed and there are not any which would warrant refusal of the application.

(B) That the recommendation be subject to the applicant first entering into a Section 106 Agreement in respect of:

1. Definition of “care” as defined by the Use Classes Order.

2. Restricting use of the main building and 4 bungalows to a nursing home providing care for people accommodated in the new development who are in need of care.

3. The proposed bungalows are only to be occupied by a person or persons receiving Care, supplied through the resources of the new development, or their partners or other family member(s).

4. No part of the new development shall be sold, leased or otherwise disposed of occupied or used independently from the new development save that subject to clause 3 above the bungalows may be let, without any security of tenure, on weekly or yearly terms.

922 P280410 ______

5. To make a payment of £2,000.00 as a contribution towards the cost of monitoring the agreement.

(C) Permit

Subject to the following conditions:

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

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

2. Written details and samples of bricks, tiles and cladding materials 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. The approved motor vehicle parking facilities shall be provided before the development to which they relate is brought into use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.

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

4. The approved cycle parking identified on approved drawing no, 20, Revision A, shall be provided before the development to which they relate is brought into use and shall thereafter be retained available for the ancillary parking of bicycles and access to the facilities shall not be precluded.

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

5. Prior to the works commencing on site details of parking for site personnel/operatives/visitors shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development. The approved parking shall be provided prior to the commencement of the development.

Reason: To ensure provision of adequate off-street parking for vehicles in the interests of highway safety and to protect the amenities of local residents.

923 P280410 ______

6. Details of wheel washing facilities on the application site shall be submitted to and approved by the Local Planning Authority and shall be provided prior to works commencing on site and thereafter shall be maintained in an effective working condition.

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.

7. Before construction commences on the site a Scheme of Minimum Environmental Requirements shall be submitted to and approved in writing by the Local Planning Authority. Once so approved the development shall be implemented in accordance with the Scheme of Minimum Environmental Requirements. The matters addressed shall include: a) Protection of trees to the relevant British Standard; b) Code of Construction Practice to include mitigation of noise levels and control of dust; c) Hours of working for construction; d) The routing of construction vehicles and provision of appropriate signing;

Reason: To ensure minimum disturbance to the local environment.

8. No development shall take place until full details of both hard and soft landscaping have been submitted to and approved by the Local Planning Authority. These details shall cover as appropriate Proposed finished levels or contours; Hard surfacing materials; Planting plans; Written specification (including cultivation and other operations associated with plant and grass establishment); Schedules of plants, noting species, planting sizes and proposed numbers/densities, and implementation timetables.

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

9. The approved landscaping shall be carried out in the first planting and seeding season following first occupation of the buildings or the completion of the development, (whichever is the earlier) or in accordance with a programme agreed in writing with the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the appropriate British Standards or other recognised Codes and Good Practice. All new planting shall be adequately staked and tied and shall be maintained for a period of 5 years. Any trees or plants which, within this period, are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or diseased shall be replaced in the next planting season with others of the same species, size and number as previously approved, unless the Local Planning Authority gives written consent to any variation.

924 P280410 ______

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

10. The development hereby permitted shall not be occupied until the visibility splays shown on the approved drawing no. 20, Revision A, have been provided with no obstruction to visibility at or above a height of 0.6m above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.

Reason: In the interests of highway safety.

11. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has been submitted to and approved in writing by the Local Planning Authority prior to any development commencing.

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

12. Details of final finish levels of the development including slab levels of the building shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the development shall be implemented in accordance with the approved details.

Reason: In order to protect the visual amenity of the surrounding area.

13. Development shall not commence until surface water drainage works have been carried out in accordance with full details of how the SuDs requirements of Policy CS20 have been addressed that shall have been submitted to and approved in writing by the Local Planning Authority prior to commencement of development. The work shall then be carried out in accordance with the approved details and subsequently retained and maintained.

Reason: In order to ensure the proper drainage of the development in accordance with adopted development plan policy CS20 of the Adopted Ashford Borough Local Development Framework Core Strategy (adopted July 2008.

14. 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.

Reason: To avoid pollution of the surrounding area. 925 P280410 ______

15. The approved development shall be constructed to a BREEAM multi- residential “good” standard or subsequent equivalent rating with details of the design stage assessment to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. Details of how the development reduces Carbon Dioxide emissions through on-site sustainable energy technologies to a level of 10% below that required by the Building Regulations shall be submitted to and approved in writing at the same time as the BREEAM multi-residential design stage assessment). Following completion of the building, a post construction review shall be submitted to the Local Planning Authority confirming the rating achieved and following approval by the Local Planning Authority, the equipment and methods employed to achieve the BREEAM multi-residential excellent standard or the equivalent subsequent rating shall be retained in perpetuity.

Reason: In order to ensure that the energy efficiency through design policies of PPS1 and PPS22 are met in accordance with adopted development plan policy CS10 of the Adopted Ashford Borough Local Development Framework Core Strategy (adopted July 2008).

16. The development shall be carried out in accordance with the mitigation measures identified in the bat survey by Martin Newcombe dated 4 May 2008, unless otherwise approved in writing by the Local Planning Authority.

Reason: In order to enhance the biodiversity of the site in accordance with PPS9.

17. The windows serving both the sitting room and stairwell at first floor level on the south west facing side elevation shall be fitted with obscured glass up to a minimum height of 1.7m as well as being non-opening up to a minimum height of 1.7 m above internal floor level. This specification shall be complied with before the development is occupied and thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties

18. Prior to the commencement of works details of the external lighting scheme for the site shall be submitted to and approved by the Local Planning Authority. The works shall then be carried out in accordance with the approved details. No further external lighting shall be installed without the consent of the Local Planning Authority

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

19. The number of bedrooms in the care home and bungalows collectively shall be limited to 81. 926 P280410 ______

Reason: In order to ensure adequate parking on site, in the interests of highway safety

20. The finished floor level for all accommodation shall be raised to a minimum of 300mm above the existing ground level, details of which shall be submitted to and approved by the Local Planning Authority and the works shall be carried out in accordance with the approved details.

Reason: To significantly reduce the risk of damage to life and property from flooding.

21. No development shall commence on the site until a scheme detailing flood damage prevention measures have been submitted to and approved by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

Reason: To reduce the risk of flood damage to the fabric of the building

22. No development approved by this permission shall be commenced until a detailed scheme for the provision of surface water drainage works has been submitted to and approved by the Local Planning Authority. The works shall then be carried out in accordance with the approved details.

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

Notes to Applicant

1. This development is also the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990 which affects the way in which the property may be used.

2. The appellant should prepare the flood risk measures in conjunction with the Environment Agency. In the event that any agreed measures impact upon the external appearance or height of the building, amended plans should be submitted to and agreed by the Local planning Authority

3. It is suggested that the applicant uses flood proofing techniques- electrical services at high level, barriers on ground floor windows, doors and access points. ______

Application Number 09/01281/AS

Location Phase 1, Old Railway Works, Newtown Road, Ashford, Kent 927 P280410 ______

Grid Reference 02009/41452

Parish Council None

Ward Aylesford Green (Ashford)

Application Phase 1 - Residential development comprising 108 Description dwellings (reserved matters application).

Applicant Mr S Rutter, Kier Property Developments 6 Cavendish Place London

Agent Mr T Goulbourn, PRP Architects, Ferry Works, Summer Road, Thames Ditton, Surrey

Site Area 2.5 Hectares

(a) 147/2 R (b) - (c) HM X, EHM (EP) X, SSOPT R, KHS R, HA X, Police X, EA R, SW X, SEEDA X, NR X, NE X, KCC X

The Development Control Manager drew Members’ attention to the Update Report. There were several points to take note of:

• A complete set of revised drawings had been received during the last few days that appeared to respond positively to issues that had been identified by Officers during discussions with the applicant. Officers had not had the opportunity to give these as detailed a review as they would wish and were hopeful of further improvements being reached after discussions with the applicant.

• Discussions with the Environment Agency had not been concluded satisfactorily and they maintained their objection.

• Further information to make the proposed strategies acceptable had not been received.

• A further part to the recommendation was suggested and detailed in full in the Update Report.

• A letter had been received which highlighted the need for a railway museum and which was seeking a Section 106 Agreement from the applicant to ensure the museum was to be located at the Klondyke Works. Whilst this was an understandable aspiration the Section 106 Agreement was concluded at the time the Outline Planning Permission was granted. 928 P280410 ______

In accordance with Procedure Rule 9.3 Mr Rutter, the applicant spoke in support of the application. He advised Members that he was a Director of Kier Property Developments. The site had a long planning history and had unfortunately been hit by the recent difficulties in the economic climate. They were now looking forward and hoped that the development would shout quality from every aspect. There would be a mixture of modern and contemporary design with high quality public spaces which he hoped would draw people to the area. They had worked closely with Officers to bring the Old Railway Works back to life. He trusted that the Committee would support the Officers Recommendation.

Resolved:

Subject to

A) the prior completion of a Deed of Confirmation to the satisfaction of the Head of Legal and Democratic Services and the Development Control Manager and/or Strategic Sites and Design Manager under which all parties confirm that development approved under the Reserved Matters application forms part of the "Development" under the existing S106 agreement entered into in relation to application reference 05/01798/AS and that the conditions imposed on that outline permission similarly apply to this approval of reserved matters.

B) the Environment Agency withdrawing its objection to the application,

C) Kent Highway Services withdrawing its objection to the application,

D) the prior submission of outstanding information identified in the report and the approval by the Development Control Manager and/or Strategic Sites Manager of the strategies required by condition 9 of outline planning permission reference 05/01798/AS,

E) the resolution of layout, parking and architectural details to the satisfaction of the Development Control Manager/Strategic Sites and Design Manager and confirmation that the scheme achieves a Building for Life score of 14 or more,

F) the Development Control Manager and/or Strategic Sites Manager being authorised to vary or add any conditions deemed relevant or necessary by them to the final decision notice

The Planning Committee approve this application for the following reasons:

1. The proposal is acceptable in urban design terms and has the capacity to create a high quality area of townscape and link the former works to the community of Newtown.

2. The development has an acceptable relationship to existing development.

929 P280410 ______

3. The scale, location and design of the development would respect the context of the site and make a positive contribution to the street scene and the visual amenities of the locality.

4. The development would not be harmful to the residential amenities of the occupants of nearby dwellings.

5. The proposal is acceptable in highway terms.

6. The development makes provision for access by a range of transport modes and provides for part of the route of the proposed SMARTLINK.

7. The development makes appropriate provision for the parking of vehicles within the application site.

8. The development would preserve those trees on the site which are important to the visual amenities of the locality.

9. The works would protect the special character and appearance of the listed building.

10. The density of the proposed development and the mix of unit sizes are satisfactory.

Approve Reserved Matters

Subject to the following conditions:

1. Prior to the commencement of the development of the following details shall be submitted to and approved in writing by the Local Planning Authority and the development shall then be carried out in accordance with the approvals unless the Local Planning Authority has given specific written approval for any subsequent alterations:

a) The design of the southern square, play areas and green open spaces. The submitted plans to be at a scale previously agreed in writing by the Local Planning Authority.

b) Architectural features including the dimensions/materials/colour/ texture/finishes etc. of eaves, balcony, canopy, glazed entrance features, doors, windows, bay windows, parapets, rain water goods, brise soleil, vents, flues and expansion joints at a scale of 1:20.

c) Cross sections through main facades of buildings at a scale of 1:50 and details of all protruding and recessed details at a scale of 1:20.

d) Details of all external building materials.

e) Details of all boundary enclosures walls, fences, and railings.

930 P280410 ______

f) all floorscape materials and hard landscaping including paving, kerbs in consultation with Kent Highway Services.

g) street furniture including benches, litterbins.

h) highways paraphernalia including signs, lighting, bollards or poles.

i) the bus stop on Newtown Road.

j) above ground external utility paraphernalia including cables, supply boxes, meter boxes.

k) external domestic satellite dishes to be installed at initial construction and any, flues, vents, external pipe work.

l) The proposed open space/recreation area at the eastern end of the site.

m) The nature extent and depth of the surface water regulation device to be installed under the proposed open space/recreation area at the eastern end of the site.

Reason: to ensure that the quality of the finished development meets the aspirations an requirements of the design brief, design and access statement and the approved strategies in the interests of the amenity of the area

2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any other Order or any subsequent Order revoking or re-enacting that Order, the approved car barns shall be provided in accordance with the detailing shown on the approved plans and shall not be further altered through the addition of lockable or other entrance doors without the prior permission of the Local Planning Authority in writing.

Reason: To ensure that the enclosed space is retained available for the storage of a vehicle when not in use in order to prevent the displacement of car parking and inappropriate car parking.

Notes to Applicant

1. This approval discharges condition(s) 2(part), 3,8, 9,23 and 36 (part) attached to outline planning permission reference 05/01798/AS insofar as details of the proposed development are required to be submitted to and approved by the Local Planning Authority. Any variation to the approved details will, however, need to be submitted for further approval before the relevant work is carried out.

2. The applicant is reminded of the outstanding requirement for details to be submitted and approved under outline planning permission reference

931 P280410 ______

05/01798/AS, as well as the continuing obligations imposed by some conditions as the development progresses and is completed.

3. The applicant is requested to note the strong preference of the Planning Committee for one of the elements of public art on the site to be an historic steam engine.

In accordance with Procedure Rule 17.5 Councillor Heyes requested that it be recorded that he abstained from voting on the grounds of inadequate parking provision. ______

Application Number 10/00090/AS

Location Land known as Dykes South of Asda Kimberley Way and North of, Bad Munstereifel Road, Ashford, Kent

Grid Reference 01748/40529

Parish Council None

Ward Norman (Ashford)

Application Change of use from agricultural grazing land to enable the Description construction of a combined pedestrian & cyclist path connecting Park Farm Kingsnorth with Ashford, including the construction of a steel footbridge over the Aylesford Stream and renovation of an existing brick arch bridge over the River Stour, and perimeter fencing.

Applicant Ashford Borough Council, Civic Centre, Tannery Lane, Ashford

Agent Mr Steve Parish, Ashford Borough Council, Project Office, Civic Centre, Tannery Lane, Ashford, Kent TN23 1PL Site Area 1.54 Hectares

(a) 57/11 S; 2 R (b) - (c) NE X, KWT X, EA X, CPRE X, NETWORK RAIL X, KCC PROW S

The Development Control Manager drew Members’ attention to the Update Report. There were several points to take note of:

932 P280410 ______

• The applicants had deleted the proposed lighting from the scheme. Consequently conditions 3 and 4 in the recommendation were no longer required and should be deleted.

• Amendments were suggested to Condition 2 – these were detailed in full in the Update Report.

• The references to 5 years in Condition 10 should be deleted and the detailed wording of the condition adjusted to reflect this.

• An additional condition was recommended in relation to external lighting – this was detailed in full in the Update Report.

• The Ashford Cycling and Walking Forum supported the application and had submitted a statement which was read out in full to the Committee.

Resolved:

That for the following reasons the Planning Committee permit this application:

1. The development would respect the context of the site and would not be harmful to the visual amenity of the area or the appearance of the green corridor.

2. The development would not be harmful to the residential amenities of nearby dwellings.

3. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

4. The development would provide an important link in the existing cycle/footway network and is sustainable.

5. The proposal would open up access to the SNCI and would have significant recreational/educational benefits.

6. The proposal would not unacceptably worsen flooding in the area or put users at an unacceptable risk of flooding.

7. The development would not unacceptably harm matters of ecological or archaeological importance.

8. The proposal raises no highway safety issues.

Permit

Subject to the following conditions:

933 P280410 ______

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 & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Prior to commencement of development the following details shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in strict accordance with the approved details and these works shall be completed before the path is first opened to the public:

(i) Final surface finish of the cycle/footway,

(ii) stock fencing to both sides of the pedestrian & cyclist path

(iii) Materials/colour for the bridges

(iv) Proposed gates for the private level crossing.

Reason: In the interests of visual amenity and the safety of the users of the path.

3. No external lighting shall be installed on the site without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and ecological impact.

4. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a watching brief to be undertaken by an archaeologist approved by the Local Planning Authority so that the excavation is observed and items of interest and finds are recorded. The watching brief shall be in accordance with a written programme and specification which has previously been submitted to and approved in writing by the Local Planning Authority.

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

5. Prior to the commencement of development a plan for the protection and/or mitigation of damage to populations of water vole and its associated habitat during construction work and once the development is completed shall be submitted to and approved in writing by the Local Planning Authority. The water vole protection plan shall then be carried out in accordance with the approved details.

934 P280410 ______

Reason: In order to ensure no harm to water voles and their habitat and in accordance with PPS9 and PPS1.

6. The development hereby permitted shall not be commenced until such time as a scheme to provide flood storage compensation has been submitted to and approved in writing by the Local Planning Authority. This scheme shall be implemented as approved and all flood compensatory measures shall be fully carried out prior to the first use of the path.

Reason: To prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.

7. Prior to the commencement of any works which may affect bats or their breeding sites or resting places, a detailed mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved strategy unless a variation has been agreed by the Local Planning Authority.

Reason: In order to ensure no harm is caused to bats or their habitat, in accordance with PPS9 and PPS1.

8. Prior to the commencement of any works which may affect reptiles or other protected species, a detailed mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the agreed strategy with any amendments first being agreed in writing by the Local Planning Authority.

Reason: In order to ensure no harm is caused to bats or their habitat, in accordance with PPS9 and PPS1.

9. Details of the ecological enhancement proposals, treatment of the grassed verges, landscaping for the site and a nature conservation management plan (outlining the appropriate wildlife management of the habitat enhancement areas) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. These works shall be fully carried out within 12 months of the completion of the development and the management plan subsequently adhered to.

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

Application Number 10/00138/AS

Location The Old Post Office, Wye Road, , Ashford, Kent, TN25 4HH

Grid Reference 02283/47302 935 P280410 ______

Parish Council Boughton Aluph

Ward Boughton Aluph and Eastwell

Application Proposed replacement of existing dilapidated lean to side Description extension by a new conservatory

Applicant Mr and Mrs F Edwards, The Old Post Office, Wye Road, Boughton Aluph, Ashford, Kent, TN25 4HH

Agent Mr Charles Brackenbury, Charles Brackenbury Architects, 29 Scotton Street, Wye, Ashford, Kent, TN25 5BU

Site Area 0.2 Hectares

(a) 2/- (b) s (c) -

In accordance with Procedure Rule 9.3 Mr Brackenbury, the agent spoke in support of the application. He advised the Committee that he was the architect and agent for the application. The dwelling was located alongside the triangle green in Boughton Aluph and was surrounded by a mix of 17th century cottages and modern bungalows. The conservatory had been carefully designed to ensure that the addition harmonised with the existing dwelling and great care had been taken to ensure that the materials matched the dwelling and would enhance the area. An alternative proposal which had been suggested by the Officer had been considered but it would have been inadequate in size and would not have been in keeping with the dwelling. The proposal before Members was modest and he requested that the Committee permit the application.

The Ward Member attended and spoke in support of the application.

Resolved:

That for the following reasons the Planning Committee permit this application:

1. The development would be sympathetic to the character of the listed building and the Conservation Area and would not be harmful to the visual amenity of the area.

2. The development would not be harmful to the residential amenities of the occupiers of nearby dwellings.

Permit

Subject to the following condition:

936 P280410 ______

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

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

In accordance with Procedure Rule 17.5 Councillor Mrs Hicks requested that it be recorded that she abstained from voting. ______

Application Number 10/00139/AS

Location The Old Post Office, Wye Road, Boughton Aluph, Ashford, Kent, TN25 4HH

Grid Reference 02283/47302

Parish Council Boughton Aluph

Ward Boughton Aluph and Eastwell

Application Proposed replacement of existing dilapidated lean to side Description extension by a new conservatory

Applicant Mr and Mrs F Edwards, The Old Post Office, Wye Road, Boughton Aluph, Ashford, Kent, TN25 4HH

Agent Mr Charles Brackenbury, Charles Brackenbury Architects, 29 Scotton Street, Wye, Ashford, Kent, TN25 5BU

Site Area 0.2 Hectares

(a) 2/- (b) S (c) -

For speakers please see previous application.

Resolved:

That for the following reasons the Planning Committee grant this application:

1. The development would be sympathetic to the character of the listed building and would not significantly detract from it or its setting.

Grant Consent: 937 P280410 ______

1. The work to which this consent relates shall be begun before the expiration of 3 years from the date of this decision.

Reason: To comply with the requirements of Section 18 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Written details and samples of materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced and the development shall be carried out using the approved external materials.

Reason: In the interests of visual amenity.

In accordance with Procedure Rule 17.5 Councillor Mrs Hicks requested that it be recorded that she abstained from voting. ______

Application Number 10/00173/AS

Location Garden land east of Anderida, Road, , Kent.

Grid Reference TQ597314/133037

Parish Council Kenardington

Ward Isle of Oxney

Application Proposed dwelling and new access. Description

Applicant Mr Ken Cooke, Anderida, Warehorne Road, Kenardington, Ashford, Kent TN26 2NX.

Agent Mr James Smith, Drawing Services Ltd, Hydene, Barrack Hill, Hythe, Kent. CT21 4BY.

Site Area 0.560 Hectares

(a) 6/- (b) S (c) KHS X, WKPS R

In accordance with Procedure Rule 9.3 Mr West, representing the applicant, spoke in support of the application. He advised that he was the future son-in-law of the applicant and should the application be permitted then it would be the applicant’s daughter and himself that would reside at the property, to ensure that they could 938 P280410 ______

care for the applicant in later life. Infill development had always been permitted in Kenardington and the proposal before Members was designed to satisfy policy HG6. The plans had been rationalised and the external works included adequate off road parking. Kent Highway Services had raised no objection to the proposal and the Parish Council were in support of the application.

In accordance with Procedure Rule 9.3 Mrs Hedley, from Kenardington Parish Council, spoke in support of the application. She advised Members that the Parish Council had carefully considered the impact that the proposal would have on the village. The site was within the village envelope and whilst the village had been excluded as a location for infill development in the and Rural Sites Development Plan Document it should be noted that this had not yet been adopted by the Council. The row in which the site sat had seen infilling previously and she felt that there would be no further opportunities for infilling once the site was developed. Kent Highway Services had raised no objection to the scheme and the Parish Council were happy with the design and materials proposed. The owners of Anderida took care of their property and the surrounding area and she was confident that once the new dwelling was erected the surrounding land would be made good. She concluded by asking the Committee to permit the application.

Resolved:

That for the following reasons the Planning Committee permit this application:

1. The development would be modest and complies with saved policies in the Ashford Borough Local Plan adopted in 2000 and the weight to be given to the Tenterden & Rural Sites DPD (Submission Version 2010) is insufficient to outweigh the development plan.

2. The development would not be harmful to the residential amenities of nearby dwellings nor would it have a significant impact upon the character of the area or highway safety.

Permit

Subject to the following conditions:

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

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

2. Written details and samples of bricks, tiles and cladding materials 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.

939 P280410 ______

Reason: In the interests of visual amenity.

3. The development hereby permitted shall not be commenced until the visibility splays shown on the approved plan DS/1395/22 have been provided with no obstruction to visibility at or above a height of 0.6m above the nearside carriageway level. The visibility splays shall thereafter be maintained free of obstruction at all times.

Reason: In the interests of highway safety.

4. The approved motor vehicle parking facilities shall be provided before the development to which they relate is brought into use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.

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

5. The vehicle turning area hereby approved shall be provided prior to the development to which it relates being occupied or brought into use and thereafter the area shall be retained available for this purpose.

Reason: So that vehicles may enter and leave the site in a forward gear in the interests of highway safety. ______

Application Number 10/00261/AS

Location Land North West of, 234 Beaver Lane, Ashford, Kent

Grid Reference 99408/41566

Ward Beaver (Ashford)

Application Redevelopment to provide 2 one bedroom bungalows as Description affordable units and 14 communal residents car parking spaces.

Applicant Housing Services, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford

Agent Mr Martin Page, DHA Planning, Eclipse House, Eclipse Park, Sittingbourne Road, Maidstone, Kent, ME14 3EN

Site Area 0.07 Hectares

(a) 17/1R (b) - (c) KHS X, EHM X

940 P280410 ______

In accordance with Procedure Rule 9.3 Mr Blythin, the agent spoke in support of the application. He advised that he was an associate planner at DHA Planning and had, along with Ashford Borough Council’s Housing Department, been carrying out an ongoing review of the land holdings of the Council. The application had been made after considerable pre-application consultation. The site was currently a surface carpark and the proposals would ensure that there was not a significant reduction of parking on the site. The application was in line with current development plan policy and would provide high quality accommodation and the proposal would not overlook adjoining properties. He asked the Committee to grant permission for the scheme.

Resolved:

That for the following reasons the Planning Committee Permit this application:

1. The development would respect the context of the site and would not be harmful to the street scene.

2. The development would not be harmful to the residential amenities of nearby dwellings.

3. The site is within the limits to built development where there is no objection to the principle of the proposed development.

4. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

5. The development makes adequate provision for the parking of vehicles within the application site.

Permit

Subject to the following conditions:

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 & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Written details and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing 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. The approved motor vehicle parking facilities as shown on DHA/7264/02 Rev C shall be provided before the development to which they relate is brought

941 P280410 ______

into use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.

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

4. Details of wheel washing facilities on the application site shall be submitted to and approved by the Local Planning Authority in writing and shall be provided in accordance with the proposed details prior to works commencing on site and thereafter shall be maintained in an effective working condition.

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.

5. Details of walls and fences to be erected within the development shall be submitted to and approved by the Local Planning Authority before the development commences. The walls and fences shall then be erected before the dwellings are occupied in accordance with the approved details unless previously agreed in writing by the Local Planning Authority.

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

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 by the Local Planning Authority before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall be carried out fully within 12 months of the completion of the development. 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. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway details of which shall have been submitted to and approved in writing by the Local Planning Authority and the works shall be carried out in accordance with the approved details.

Reason: In the interests of highway safety.

8. The development hereby permitted shall not be begun until a scheme to deal with contamination of land and/or groundwater has been submitted and approved by the Local Planning Authority and until the measures approved in that scheme have been implemented. The investigation report shall be conducted and presented in accordance with the guidance in CLR11 "Model Procedures for the Management of contaminated land“ published by the 942 P280410 ______

Environment Agency. The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement specifically and in writing:

(i) A desk-top study carried out by a competent person to identify and evaluate all potential sources and impacts of land and/or groundwater contamination relevant to the site. The requirements of the Local Planning Authority shall be fully established before the desk-top study is commenced and it shall conform to any such requirement. Two full copies of the desk-top study and a non-technical summary shall be submitted to the Local Planning Authority without delay upon completion.

(ii) A site investigation shall be carried out by a competent person to fully and effectively characterize the nature and extent of any land and/or groundwater contamination, and its implications. The site investigation shall not be commenced until:

(a) A desk-top study has been completed, satisfying the requirements of paragraph (i) above.

(b) The requirements of the Local Planning Authority for site investigations have been fully established, and

(c) The extent and methodology have been agreed in writing with the Local Planning Authority. Two full copies of a report on the completed site investigation shall be submitted to the Local Planning Authority without delay upon completion.

(iii) A written method statement for the remediation of land and/or groundwater contamination affecting the site shall be agreed in writing with the Local Planning Authority prior to commencement, and all requirements shall be implemented and completed to the satisfaction of the Local Planning Authority by a competent person. No deviation shall be made from this scheme without the express written agreement of the Local Planning Authority. Two full copies of a full completion report confirming the objectives, methods, results and conclusions of all remediation works shall be submitted to the Local Planning Authority.

Reason: To control pollution of land or water in the interests of the environment and public safety.

Note: For further information and technical guidance regarding the requirements of this condition applicants should contact the Borough Council’s Environmental Protection Team (01233 330227).

Note to Applicant

943 P280410 ______

1. A back gate should be provided to the rear of the properties so that residents can access their houses from the car parking area. ______

Application Number 10/00295/AS

Location Waterbrook Park, Waterbrook Avenue, , Kent

Grid Reference 03546/40278/TR0340

Parish Council and Sevington

Ward Weald East

Application Application to extend the time scale for the implementation Description of planning permission 06/00005/AS (Rail aggregate mineral depot) until 8 May 2014

Applicant Robert Brett and Sons Ltd, Robert Brett House, Milton Manor Farm, Ashford Road, Thanington, Canterbury CT4 7PP Agent Davies Planning, Davies Planning Limited, 21 The Fairway, Herne Bay, Kent CT67TW

Site Area 53.55 Hectares

(a) (b) R (c)

The Strategic Sites and Design Manager advised Members that the Highways Agency had raised no objection to the application.

Resolved:

(A) That for the following reasons the Planning Committee raise no objection to this application:

(i) The site is within an area designated for mixed use (including employment) where there is no objection to the principle of the proposed development

(B) Raise no objection to the variation of condition 01 of planning permission 06/0005/AS as proposed, subject to:

• The re-imposition of all other relevant conditions on permission 06/0005/AS

944 P280410 ______

• a deed of variation of the s106 agreement dated 6 May 2008, or a new section 106 agreement being entered into to secure the cessation of use at Conningbrook if this site is developed.

Note to Applicant

1. Kent County Council is requested to advise Ashford Borough Council of the conditions it proposes to impose in advance of any grant of permission. ______

Application Number 10/00294/AS

Location Waterbrook Park, Waterbrook Avenue, Sevington, Kent

Grid Reference 03546/40278/TR0340

Parish Council Sevington and Mersham

Ward Weald East

Application Variation of Condition (I) of planning permission Description 02/00645/AS to extend the period for the retention and operation of the existing rail aggregates depot until 8 May 2014

Applicant Mr M Courts, Robert Brett and Sons Ltd, Robert Brett House, Milton Manor Farm, Ashford Road, Thanington, Canterbury CT4 7PP

Agent Davies Planning, Davies Planning Limited, 21 The Fairway, Herne Bay, Kent, CT6 7TW

Site Area 18 Hectares

(a) (b) R (c)

The Strategic Sites and Design Manager advised Members that the Highways Agency had raised no objection to the application.

Resolved:

(A) That for the following reasons the Planning Committee raise no objection to this application

1. The site is within an area designated for mixed use (including employment) where there is no objection to the principle of the proposed development

945 P280410 ______

(B) Raise no objection to the variation of condition (1) of planning permission 02/00645/AS as proposed subject to:-

1. KCC satisfying themselves that the conditions imposed on previous grants of temporary planning permission remain relevant in terms of affording adequate environmental protection to adjoining and nearby residents, and if so, the re-imposition and monitoring of all other relevant conditions on permission 02/00645/AS as extended in 2008 and any further conditions as regarded as necessary by Kent County Council to ensure no adverse impact on any surrounding or future residential development, including in particular the requirement to reinstate the site if the permanent permissions are not implemented when the temporary permission expires. ______

Application Number 10/00407/AS

Location St. Mary’s Church, Church Yard, Ashford, Kent, TN23 1QL

Grid Reference 01018/42743

Parish Council None

Ward Victoria (Ashford)

Application Proposed removal & reinstatement of 3 no. sections of Description cast iron railings & low rendered wall

Applicant Rev C Preece, St. Marys Church, Churchyard, Ashford, Kent, TN23 1QL

Agent Lee Evans Partnership, St John’s Lane, Canterbury, Kent, CT1 2QQ

Site Area 0.1 Hectare

(a) 51/3R- (b) - (c) -

The Development Control Manager drew Members’ attention to the Update Report. There were several points to take note of:

• An amendment to condition 2 was suggested – this was detailed in full in the Update Report.

946 P280410 ______

• 3 objections had been received from residents of the Churchyard. Their comments were outlined in the Update Report and the Development Control Manager summarised those that were pertinent to this application.

One of the Ward Members attended and spoke on the application.

Resolved:

That the Planning Committee authorise the Development Control Manager to grant consent on or after 30 April 2010 subject to no new material planning objections having been received.

The reason the Planning Committee resolve to grant consent is:

1. The harm caused by the works is small scale in relation to the whole of the listed structure and are limited to a period of one year. The reinstatement will also result in appropriate repairs to this section of the listed structure.

Grant Consent

Subject to the following conditions:

1. The work to which this consent relates shall be begun before the expiration of 3 years from the date of this decision.

Reason: To comply with the requirements of Section 18 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. On completion of the development comprising the reordering of the Church and associated works or within 18 months of the date of this consent, whichever is soonest, the removed sections of railings shall be reinstated in accordance with the details shown on drawing 06792-A-L-(90)-X-710 rev T1.

Reason: In the interests of visual amenity and to ensure that special regard is paid to the interests of protecting the special architectural and historic interest of the Listed Building under section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

In accordance with Procedure Rule 17.5 Councillor Davison requested that it be recorded that he voted against the application.

______

Queries concerning these minutes? Please contact Kirsty Liddell: Telephone: 01233 330499 Email: [email protected] Agendas, Reports and Minutes are available on: www.ashford.gov.uk/committees

947 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Application Number 10/00059/AS

Location Phase 4, Eureka Leisure Park, Rutherford Road, Ashford, Kent, TN25 4BW

Grid Reference 00930/44343

Parish Council None

Ward Bockhanger

Application Erection of a garden centre incorporating restaurant/café Description and farm food hall with ancillary works including car parking, access and landscaping

Applicant Dobbies Garden Centres Plc and Life Property Ltd

Agent GVA Grimley, Quayside House, 127 Fountainbridge, Edinburgh, EH3 9QG

Site Area 3.7 Hectares

(a) 33/1305 R 18 S (b) - (c) KHS X; NE X; KCC Heritage 2 petitions X; EA X; KWT X; LO X; HA objecting to the X; KCF R; PO (Drainage) X proposal

Introduction

1. This application is reported to the Planning Committee as it relates to a development defined as major in size, and thus falls to be determined by the Committee under the scheme of delegation.

2. The application was previously reported to the 31 March 2010 Planning Committee meeting. A copy of my report is available on-line at https://secure.ashford.gov.uk/cgi- bin/committee/index.cfm?fuseaction=DocTrack.getPlanningDoc&PlanningID= 1010 . Members should continue to refer to that report in coming to a decision on the proposal.

3. The application was recommended on the 31st March for approval, and that remains Officers recommendation, however, Members resolved that they were minded to refuse the application on the summary grounds that,

1.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(i) The proposal is contrary to the provisions of the Development Plan which allocate the site for B1 employment use, and the applicants have not demonstrated sufficient material considerations to justify setting aside the Development Plan. (ii) The proposed development would have an unacceptable impact on the highway network in terms of congestion. (iii) There is no over-riding reason why a garden centre operation needs to be located on this site adjoining leisure uses.

4. Under the Terms of Reference for the Planning Committee, as revised in 2008, in cases where Members propose to make a significant decision contrary to Officers’ advice, Officers may request deferral to a future meeting in order to formulate either a comprehensive set of Heads of Terms, set of conditions or effective full reasons in relation to a refusal of permission, in the light of Members’ views at the meeting. Officers only make this request in the most complex of circumstances – indeed this is the first time that Officers have made the request and had it granted since the changes made in 2008.

5. As indicated above, Members were minded to Refuse this application at the meeting on the 31 March. Officers asked for the case to be brought back to a future meeting of the Committee in view of the complexity of the case and so that they could formulate the best reasons for refusal based on members views in the event that the matter goes to appeal. Full grounds of refusal have now been drafted and they are suggested to be as follows: (i) The development is contrary to the provisions of the Development Plan, namely the Ashford Borough Local Plan 2000 policy S26, which allocates the site for B1 employment use, and the applicants have not demonstrated sufficiently weighty material considerations to indicate that the application should be determined other than in accordance with the development plan under s38(6). Many of the jobs created through the proposed development would be unskilled, and part-time in nature unlike the jobs that could be created through a B1 office development and the employment density of the site would be considerably lower than with a B1 development. Eureka Park including this site is an important component of the employment opportunities for the Borough, complementing the strategy for the Town Centre by ensuring that there is an ample supply of land readily available in attractive locations elsewhere. The proposal would unacceptably dilute this offer, potentially leading to further land for skilled/B1 jobs needing to be allocated elsewhere, and restricting the supply of readily available land for such development contrary to policy CS7 of the adopted LDF Core Strategy 2008. Neither would the proposal function as an entrance point to the wider Business Park, as indicated in the explanatory text to Policy S26.

1.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(ii) The development would have an unacceptable impact on the local highway network through congestion leading to delay and contrary to policy CS15 of the adopted LDF Core Strategy and PPG13. (iii) The site is not suitable for a garden centre operation as the development would be out of keeping with adjoining leisure uses leading to an adverse effect on the attractiveness of the park as a leisure destination. Garden centres should be located outside urban areas due to the visual and functional nature of their operation, particularly due to the lack of significant numbers of linked trips to them. In addition, the proposal does not make the best use of this land within the urban area, contrary to policy CS4 of the adopted LDF Core Strategy and PPS1.

Site and Surroundings

6. The application site is as described in my previous report.

Proposal

7. The proposal remains the same as described in my previous report.

8. As reported at the last Committee meeting, confirmation has been received from the applicant that they will pay the full amount required by Kent Highway Services for the contribution towards bus improvement measures, being £6.14 per sqm of floorspace (total circa £37,890).

Planning History

9. The planning history remains the same as my previous report.

Consultations

The consultation responses reported in my previous report remain. Additional responses received, many of which were reported in the Update papers are reproduced below.

Portfolio Holder – Development Management: My instinct is to oppose this application. It just does not feel right. But our decisions have to be taken according to planning law and policy, not instincts. As Portfolio Holder I have spent time looking into the three points about which Members were concerned on 31 March. The third point does not convince me. Edge-of-town locations are unobjectionable for garden centres. The second point does not appear to stack-up in light of the improvements to junction 9 and the capacity for future development in the area. The first point, however, is a genuine concern. I would much prefer this site to be put to a more meaningful use than a garden centre. However, the question really comes

1.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______down to whether or not this scheme is so objectionable on this site in land use planning terms that it should not be permitted. I personally doubt that to be the case. Members will need to examine the evidence on the need for employment land very carefully to ensure that their decision is soundly-based and defensible on appeal. For my part, I do not find the evidence to be clear-cut. It is also a case where the Council’s previous decisions in relation to this site, and the Core Strategy, do not tend to support a reason for refusal. This may be a case where the answer is that, reluctantly; we should permit this scheme and look to our development plan process to provide a more robust framework for decision-making in the future. I would urge Members to consider this case very carefully before reaching a final decision.

Environmental Health Officer Health and Safety: I have some concerns relating to the proposed HGV route to the rear service yard. Essentially the turns required for the HGVs appear excessively tight and could result in TIR issues with articulated vehicles. I believe a separate entrance or wider turns should be provided for. Whilst I acknowledge alterations may lead to some loss of parking spaces and large lorry movements will be approximately one or two per day, the car park will be frequented by young children and elderly persons.

Kent Highway Services: KHS have made the following comments, following the response from the applicants on their original comments: 1. This access has now been deleted in the most recent site layout plan. 2. Accepted 3. Accepted that gravel is OK for the parking bays 4. Noted 5. Accepted 6. Accepted 7. Accepted 8. We would want white directional lining to guide people where to go. Please can you add this to the notes to the applicant section in the update report. 9. Accepted 10. The Travel Plan should be secured through a S106 Agreement. This is set out in the Committee report. 11. This is set out in condition 2. Please can you add into this condition “by the Local Planning Authority and Local Highway Authority”. 12. We have set out the justification for the bus contribution. This is included in the S106 Agreement.

With regard to the comments from the Environmental Health and Safety Officer, KHS states that although this is not ideal, there are plenty of cases in Ashford (Tesco Park Farm for example) where a HGV has to go through the car park. A separate access 1.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______is not acceptable as it could cause an increase in conflict with traffic movements. As set out in the letter from the applicants, they only expect deliveries to be one per day and in the morning when the car park is not full. This would certainly be less than Tesco.

Highways Agency: As reported to the last Committee. The Secretary of State for Transport directs conditions to be attached to any planning permission which may be granted as follows:

1. No development hereby permitted shall be occupied or brought into beneficial use until a detailed Travel plan has been submitted to and approved in writing by the Local Planning Authority.

Reason: In order to minimise the use of the private car and promote the use of sustainable modes of transport in accordance with policy guidance in PPG13.

2. No development hereby permitted shall be occupied unless and until the works to the M20 J9 generally shown on the drawing number B0973500-009 (dated 19 November 2009) prepared by Jacobs (or other such scheme of works to the same general effect which has first been approved in writing by the Local Planning Authority) have been commenced.

Reason: To ensure that the M20 Trunk Road continues to be an effective part of the national system of routes for through traffic in accordance with Section 10 of the Highways Act 1980 and to satisfy the reasonable requirements of road safety.

3. The total number of vehicle parking spaces shall not exceed 257.

Reason: In order to realise a sustainable pattern of development in the area and to comply with the provisions of PPG13 and the principal of sustainable development.

Now state - I confirm that the Highways Agency considers that the condition "No development hereby permitted shall be occupied unless and until the works to the M20 Junction 9 generally shown on the drawing number B0973500-009 (dated 19 November 2009) prepared by Jacobs (or such other scheme of works to the same general effect which has first been approved in writing by the Local Planning Authority) have been commenced." has been discharged by the award of the contract and that it does not therefore need to be imposed. Additionally, in respect of GTP matters, I confirm that we are content that the directed condition need not be applied, providing equivalent planning obligations are imposed by Ashford Borough Council through a Section 106 agreement. As you are aware, the HA can not in law be party to a Section 106 agreement.

1.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Neighbours: An additional 6 “standard” letters received objecting to the application because of the impact on Bybrook Barn and their local suppliers. A further three letters objecting on the grounds of unfair competition, impact on Bybrook Barn, no need for an additional garden centre, the jobs created will be un-skilled, part time with low wages and increase in traffic.

A further two emails in support of the application and two emails objecting to it.

A further seven people have rung/written to say that they have received acknowledgement letters but they did not write in about the application.

Letter received from Kent County Councillor Mrs E Tweed objecting to the application making the following points:

“The Eureka Park is actually designated for ‘leisure’. I know from the research I have undertaken that there is still a huge need in Ashford for more opportunities for young people to “let off steam” in sensible ways. (Bockhanger Library recently opened one evening a week for young people to use the computers etc and was overwhelmed with the response). The proposed garden centre would be put to far better use as a BMX and Skate Park facility or similar. It could easily be accessed by the huge number of young people living in Bockhanger, Bybrook and Kennington and by those living south of the motorway, via the new footbridge. They could also buy meals at the many outlets there, and stay on for the cinema. This would have a positive impact on the current levels of anti-social behaviour and obesity problems”.

“The Rutherford Road roundabout would not support the increase in traffic generated by the proposed garden centre – this sort of outlet always produces more customers driving than walking because of the heavy and/or fragile items they purchase there. The conflict between those arriving for shopping and those driving to the cinema and other leisure facilities is going to be very great and there are already pressures on parking”.

“Gardeners are well catered for by the existing businesses – this is not the right area for another garden centre for the reasons stated above. If Tesco (Dobbies) succeeds in its application, it’s not only a sad day for the smaller local garden centres and nurseries who do so much for the local economy, it’s a sad day for the needs of local people who want their Eureka Leisure Park to offer sport and entertainment which is also much needed if we are to tackle obesity and anti-social behaviour”.

1.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Further email received from Councillor Tweed, making the following additional points:

“I do not agree that Dobbies proposal is in keeping with other uses at the Leisure Park and that their brand is a leisure experience (para 17). You will see from the Planning History that a renewal of the permission granted included a separate science and business park. The Leisure Park included theatre, ice arena, bowling alley, cinema, night club, restaurants, offices and PFS. No obvious retail outlets. In the light of the current debate being conducted by Ashford Borough Council to establish the cultural offer and the facilities needed, and the emerging view that many Ashford residents favour an ice rink, it would be a tragedy if the most obvious site for such a venture were lost. There are few if any other possibilities for an ice arena, but many possibilities for Dobbies south of the town centre”.

“I have great concerns about access and egress from the Dobbies site and I think their sustainable travel conjectures are very flawed. Undoubtedly, people will travel by car – mostly the products on sale require a car, either because they are extremely heavy (compost, mowers etc) or extremely delicate, and one can hardly hop on a bus with a tray of plants or a sack of compost. The same goes for car sharing – a very few may, but not enough to make a difference. For the same reason I can’t see that allowing bicycle parking is practical. I don’t believe that Rutherford Road roundabout and Rutherford Road can cope with the huge amount of additional traffic”.

“The suggestion by KHS that tarmac is preferable to gravel seems at odds with the policy of both local authorities to try to avoid too much hard surfacing resulting in too much water run-off or flooding. Most small nurseries around Kent provide gravel car parks without a problem”.

I would also add that this proposal could be developed in South Ashford where access would not be the issue it is at Eureka. In addition, there are several large housing estates not catered for apart from a very small section in B&Q.

“In summary, let us keep the Eureka Leisure Park for exactly that – a great opportunity for an ice arena, with the ability for people to walk, bus or cycle for that activity, which they could not possibly do, realistically, when buying gardening items, thus causing huge traffic problems in this already overcrowded area”.

E mail from Cllr Holland, making the following points:

• Many of the ancillary goods listed do not have any connection with gardening

1.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

• Questions whether or not the conditions can be enforced particularly given the economic climate

Verbal comments received from Cllr Mrs Martin, who is the adjoining Ward Member, to the effect that she has every confidence that the Planning Committee will make the right decision; she can see both sides of the argument, however, competition is not a planning matter; and not one person in her Ward has approached her personally about the application.

Planning Policy

10. There is no change from the 31 March 2010 Committee Report.

11. However, the Community Infrastructure Regulations 2010 came into force on 6 April 2010. Regulation 122 says that a planning obligation may only constitute a reason for granting planning permission for a development if the obligation is: (a) necessary to make the development acceptable in planning terms, and (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.

This means that any requirements in a Section 106 Agreement will now have to comply with those three legal tests. In my view, Officer recommendations have always sought to achieve this, as it is advise in Circular 5/2005, however, I have prepared a short report demonstrating how this is achieved in this case for Members information, and this is in Annex 2.

Assessment

12. There is no change to my assessment of this application from my report to the committee on 31st March. In my view, the main issues for consideration are: • The principle of the use at this site • Traffic impact and transportation issues • Design, Scale, Materials and Layout • Ecology • Drainage and Flood Risk • Sustainable Design and Construction • Archaeology • Competition and impact on Bybrook Barn • S106 Heads of Terms

1.8 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

• Referral to GOSE

Full details of these issues were set out in my last report.

13. Since the 31st March meeting, a Regional Infrastructure Fund Funding Agreement has been signed between SEEDA, KCC and ABC for the M20 J9/Drovers roundabout works, and a contract for those works has been let to a contractor by KCC. The main works have not yet commenced (although this is now imminent) and the Highways Agency have therefore now deleted their requirement for a condition relating to these works.

14. In the report to the Committee on the 31st March at paragraph 69, the question of whether or not a contribution towards the RIF repayment should be expected from this site was discussed. It was concluded that no RIF repayment should be requested, on the basis that the HA considered that the peak hour traffic associated with this proposal was unlikely to exceed the peak hour traffic associated with the previously considered Petrol Filling Station on part of this site. The HA has now confirmed that there is no difference between the peak hour traffic in either scheme, and it is therefore considered that no RIF repayment should be requested from this development.

15. In formulating the grounds of refusal set out in para.5, Officers have had regard to what Members said at the last committee meeting. I also reiterate the oral advice I gave then, namely that the following points need to be borne in mind.

16. In relation to Ground (1) - conflict with the Development Plan, this of itself cannot be the sole basis for any refusal. At any appeal it would need to be clearly demonstrated what harm would flow from this. Members have indicated that they consider that the loss of a site for B1 development might lead to the need to replace that site elsewhere. It should be noted that outline planning permission exists for 115, 000 sq m of B1 development on adjoining land to the north-west (Eureka Park), of which approximately 12, 720 sq m has been built, and that the Core Strategy and TCAAP also allocate very significant amounts of employment generating development.

17. In relation to Ground 2 - highway matters, it needs to be noted that refusal on the ground of lack of highway capacity is not supported by Kent Highways Services or the Highways Agency. KHS analysis of the Transport Assessment submitted is that adequate capacity exists in the local road network. It is the case that cumulatively with other development there is a capacity issue with J9, but the Highways Agency had previously indicated that subject to works not commencing until the J9 upgrade works commence, this issue can be addressed. There is now a contract let for these works, and commencement is imminent. 1.9 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

18. With regard to Ground 3 - incompatibility with adjoining leisure uses, it should be noted that none of the occupiers of Eureka Leisure Park have objected to the application. Clearly, many Garden Centres are located on the urban fringe and in rural areas, but equally many are not. As is clear from the application, this outlet would not just sell plants but many other products aimed at increasing dwell time within the development. As such the potential for attracting significant numbers of customers is increased, and thus the proposal makes better use of land than, say, just a plant nursery. Officers consider that the building and associated landscaped areas have been well designed reflecting the prominent location at the entrance to the Leisure Park.

19. In summary, and as stated above, Officers recommendation remains one of Permit. A full copy of this recommendation is set out in Annex 1, including all of the updates tabled and suggested at the meeting on 31st March and further updates as required by the Highways Agency and other subsequent events. If members remain minded to refuse the application, then as also stated above, Officers consider that the following grounds of refusal would represent the best case at appeal.

Decision

20. Bearing in mind the views of the Portfolio Holder, it is my assessment that Members suggested reason for refusal 1, as amplified by this report, is the most likely to be supportable at appeal. Should members resolve to Refuse, then my advice would be that this is on the following sole ground:-

(i) The development is contrary to the provisions of the Development Plan, namely the Ashford Borough Local Plan 2000 policy S26, which allocates the site for B1 employment use, and the applicants have not demonstrated sufficiently weighty material considerations to indicate that the application should be determined other than in accordance with the development plan under s38(6). Many of the jobs created through the proposed development would be unskilled, and part-time in nature unlike the jobs that could be created through a B1 office development and the employment density of the site would be considerably lower than with a B1 development. Eureka Park including this site is an important component of the employment opportunities for the Borough, complementing the strategy for the Town Centre by ensuring that there is an ample supply of land readily available in attractive locations elsewhere. The proposal would unacceptably dilute this offer, potentially leading to further land for skilled/B1 jobs needing to be allocated elsewhere, and restricting the supply of readily available land for such development contrary to policy CS7 of the adopted LDF Core Strategy 2008. Neither would the proposal function as an

1.10 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

entrance point to the wider Business Park, as indicated in the explanatory text to Policy S26.

21. Should members decide that they wish to Refuse the application on all three grounds as resolved at their last meeting, then the following additional two grounds would also be appropriate:-

(i) The development would have an unacceptable impact on the local highway network through congestion leading to delay and contrary to policy CS15 of the adopted LDF Core Strategy and PPG13.

(ii) The site is not suitable for a garden centre operation as the development would be out of keeping with adjoining leisure uses leading to an adverse effect on the attractiveness of the park as a leisure destination. Garden centres should be located outside urban areas due to the visual and functional nature of their operation, particularly due to the lack of significant numbers of linked trips to them. In addition, the proposal does not make the best use of this land within the urban area, contrary to policy CS4 of the adopted LDF Core Strategy and PPS1.

Background Papers

Letter from Kent Highways dated 5 February 2010 Letter from Natural England dated 2 February 2010 Letter from KCC Heritage dated 9 February 2010 Letter from Environment Agency dated 18 February 2010 Letter from Kent Wildlife Trust dated 18 February 2010 E mail from Kent Wildlife Trust dated 22 February 2010 Letter from Landscape Officer dated 18 February 2010 Letter from the Highways Agency dated 22 February 2010 Letter from the Highways Agency dated 25 February 2010 Letter from Kennington Community Forum dated 2 March 2010 A total of 1221 letters were received and a list of these will be available in the Member’s Room and in the Council Chamber on the evening of the Committee.

Contact Officer: Sue Yates – Telephone: (01233) 330387

1.11 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 1 of Annex 1 to Report 10/00059/AS ______

Officers’ Summary and Recommendation

Summary

The main issues in this case are:-

(a) The principle of the development of the site. (Policies S26, SH2 and SH11 of the adopted Ashford Borough Council Local Plan, CS7 of the Core Strategy, CC7 of the South East Plan and PPS4). The proposal is acceptable in terms of PPS4, and local plan policies SH2 and SH11. There is conflict with policy S26 of the local plan in that it is allocated for B1 use but I do not consider that this is an overriding consideration given the history of the site and the other uses at the Leisure Park. The development is in overall accordance with the Core Strategy.

(b) Traffic impact and transportation issues (Policy CS15 of the Core Strategy, T4 of the South East Plan, and PPG13). The Highways Agency is satisfied with the impact of the proposal on the strategic network following the recent letting of a contract for the improvement works to J9. Kent Highway Services raise no objection to the principle subject to detail. In my view the proposal will have an acceptable impact on the surrounding local and strategic road highway network, subject to suitable conditions.

(c) Design, scale, materials and layout (Policies S26 of the adopted Ashford Borough Local Plan, CS9 of the Core Strategy, PPS1 and PPS4). In my view the scale of the building is appropriate and the design and use of high quality materials, together with landscaping, will be an acceptable form of development in this location, subject to suitable conditions.

(d) Ecology (Policies CS11 of the Core Strategy and NRM5 of the South East Plan and PPS9). I consider that the scheme complies with the requirements of the Council’s Core Strategy Policy on ecology, subject to appropriate conditions.

(e) Drainage and Flood Risk (Policies CS19 and CS20 of the Core Strategy, NRM1 of the South East Plan and PPS25). I am satisfied that that the proposal complies with the requirements of the Council’s Core Strategy policies in terms of drainage, flood risk and contamination, subject to conditions. The Environment Agency and the Project Office have no objection subject to conditions.

(f) Sustainable design and construction (Policies CS10 of the Core Strategy and CC1 of the South East Plan). I consider that the scheme complies with the requirements of the Council’s Core Strategy policy CS10(A) and (B) in that it

1.12 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 2 of Annex 1 to Report 10/00059/AS ______

will achieve an excellent BREEAM rating and a reduction in carbon dioxide emissions of 30%. This will be covered by condition.

(g) Archaeology (Policies CS1 of the Core Strategy and CC1 and BE6 of the South East Plan). KCC Heritage has asked for an archaeology condition to be attached to the planning permission which I recommend.

(h) Competition and impact on Bybrook Barn. I am satisfied that competition between businesses is not a planning issue and that the proposal passes the relevant planning tests in relation to out of centre developments.

(i) Planning obligations - I consider that for the reasons in Annex 2, the planning obligations I recommend below are necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development.

Recommendation

That for the following reasons the Planning Committee Permit this application:

1. The development would respect the context of the site and would not be harmful to the street scene.

2. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

3. The traffic movements generated by the development could be accommodated without detriment to highway safety or capacity.

4. Any potential significant impacts relating to traffic movements can be satisfactorily mitigated by conditions.

5. The development makes adequate provision for access by a range of transport modes.

6. The development makes adequate provision for the parking of vehicles within the application site.

7. The proposal is acceptable in terms of the impact on the town centre.

8. Other issues raised by consultees have been assessed and there are not any which would warrant refusal of the application.

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(A) Subject to the application being notified to the Secretary of State in respect of the Town and Country Planning (Consultation) (England) Direction 2009, on the basis that the amount of floor space proposed, combined with that at the Eureka Business Park retail centre, exceeds the threshold in the Direction, and receiving his confirmation that he does not wish to call the application in for his own determination, and;

(B) Subject to the applicant first entering into a Section 106 Planning Obligation by Agreement in respect of the matters listed below, in terms agreeable to the Head of Legal and Democratic Services, with delegated authority to either the Strategic Sites and Design Manager or the Development Control Manager to make or approve minor changes to the Heads of Terms and/or planning conditions as may be required, and the carrying out of obligations:-

1. as requested by KHS, to pay a financial contribution of £6.14 per square metre of retail floorspace (equaling £37,890) towards improvements to the bus network in the locality.

2. provision and implementation of a Green Travel Plan.

3. provision of a Section 106 Agreement monitoring fee of £1,000, and indexation provisions.

4. provision for the calculations to be carried out for carbon off-setting in respect of the unit to be built, and a financial contribution paid if appropriate towards the Ashford Carbon Fund.

(C) Permit

Subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of the 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. Prior to development commencing, a car parking strategy shall be submitted to and approved in writing by the Local Planning Authority. The Strategy shall set out the provision of spaces for staff and visitors and demonstrate how preference for car parking spaces will be given to those that car share. The measures in the approved strategy shall be implemented and maintained. 1.14 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 4 of Annex 1 to Report 10/00059/AS ______

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

3. The total number of vehicle parking spaces shall not exceed 257.

Reason: In order to realise a sustainable pattern of development in the area and to comply with the provisions of PPG13 and the principal of sustainable development.

4. The parking hereby approved shall be available for use prior to the development being occupied, and shall thereafter be retained for parking use and access to the facilities shall not be precluded.

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

5. No works that may affect local reptile populations shall commence until a mitigation strategy has been submitted to and approved in writing by the Local Planning Authority which shall include the timing and maintenance of mitigation works. All works shall then proceed in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the existing population of reptiles and to improve the habitat for reptiles on the site in the future.

6. Prior to development commencing, an Ecological Management Plan which shall include the future management of the translocation areas shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the development shall be implemented in accordance with the approved EMP, and the measures in the plan shall thereafter be maintained.

Reason: To protect the existing habitat on the site and improve the biodiversity on the site in the future.

7. No development shall take place until the applicant, or their agents or successors in title, has provided a programme of archaeological monitoring which has been submitted to and approved in writing by the Local Planning Authority. The programme shall include the proviso that if any finds of archaeological interest are made, a programme of archaeological work in accordance with a written specification and timetable shall be submitted which will be agreed in writing by the Local Planning Authority and thereafter carried out as approved.

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

8. If during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: To ensure that any localised contamination encountered is dealt with to reduce risks to controlled waters in line with PPS23: Planning and Pollution Control. This is because the site lies within a sensitive area with regard to groundwater.

9. The development hereby permitted shall not be commenced until such time as a scheme to dispose of surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. Details submitted should include the Micro Drainage outputs and calculations supporting the derivation of the Greenfield run off rate of 230l/s.

Reason: In order to achieve sustainable drainage from the site.

10. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, cycle stands etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc indicating lines, manholes, supports etc); retained historic landscape features and proposals for restoration, where relevant.

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

11. The details of soft landscape works required in condition 10 above shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and an implementation programme.

1.16 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 6 of Annex 1 to Report 10/00059/AS ______

Reason: To ensure that adequate details of the proposals are submitted in the interests of the protection and enhancement of the area.

12. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants whether new or retained which within a period of 5 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 similar size and species, unless the Local Planning Authority gives written consent to any variation.

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

13. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority; and any trees or plants whether new or retained which within a period of 5 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 similar size and species, unless the Local Planning Authority gives written consent to any variation.

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

14. The form and specific location of the “public art” shown on the approved plan shall be developed with the agreement of the Local Planning Authority in accordance with the Council’s Public Art Strategy and shall thereafter be implemented before occupation and thereafter retained as such.

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

15. The approved development shall be carried out in such a manner as to avoid damage to the existing woodland 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 any approved Arboricultural Method Statement to the satisfaction of the Local Planning Authority. Such tree protection measures shall remain throughout the period of construction

1.17 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 7 of Annex 1 to Report 10/00059/AS ______

(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.

16. No trenches for underground services or foundations shall be commenced under the canopies of trees which are identified on the approved plans as being retained and within 5 metres of any hedgerows also shown to be retained without the prior written consent of the Local Planning Authority. Any trenches for underground services should be in accordance with the current NJUG guidelines.

Reason: To prevent damage to trees and hedgerows on the site.

17. No development shall take place until a plan indicating the positions, design, materials and type of boundary treatment (including the service yard) to be erected has been submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be completed before the building(s) is/are occupied and development shall be carried out in accordance with the approved details and shall be permanently maintained.

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

18. Prior to the works commencing on site details of parking for site personnel shall be submitted to and approved in writing by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development. The approved parking shall be provided prior to the commencement of the development.

Reason: To ensure provision of adequate off-street parking for vehicles in the interests of highway safety and to protect the amenities of local residents.

1.18 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 8 of Annex 1 to Report 10/00059/AS ______

19. Details of wheel washing facilities on the application site shall be submitted to and approved in writing by the Local Planning Authority and shall be provided prior to works commencing on site and thereafter shall be maintained in an effective working condition.

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

20. Each non-residential building hereby approved shall be constructed achieve a minimum Building Research Establishment BREEAM (or subsequent equivalent quality assured scheme) overall excellent standard comprising the following minimum elements: i) ‘Excellent’ standard in respect of energy credits ii) ‘Maximum’ standard in respect of water credits iii) ‘Excellent’ standard in respect of materials credits

Prior to development commencing, the following details shall be submitted to the Local Planning Authority for written approval:

a) Details of a ‘Design Stage’ assessment and related certification, and,

b) Details of how the development will reduce carbon dioxide emissions to a level 30% below the predicted total energy demand through the use of on-site sustainable energy technologies such as renewables and/or low carbon technologies.

Following completion of the final building, a BREEAM ‘Post Construction Stage’ assessment and related certification confirming the BREEAM standard that has been achieved, and stating the amount of residual carbon emissions and how they are proposed to be dealt with to ensure that the development is carbon neutral (including details of any necessary mechanisms to be put in place and associated timetables) shall be submitted to and approved in writing by the Local Planning Authority.

Following any approval of a ‘Post Construction Stage’ assessment, the approved measures and technologies to achieve the BREEAM excellent standard and to ensure that development is carbon neutral shall be implemented in accordance with the approval and thereafter shall be retained in working order in perpetuity.

1.19 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 9 of Annex 1 to Report 10/00059/AS ______

Reason: In order to ensure that the energy efficiency through sustainable design and construction is achieved.

21. Written details including source/manufacturer, and samples of bricks, tiles and cladding materials 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.

22. Written details including source/manufacturer, and samples of material to be used in the floorscape 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 materials.

Reason: In the interests of visual amenity.

23. The garden centre hereby approved shall only be used as a single retail store and shall not be sub-divided into separate lettable units or extended without the express prior written approval of the Local Planning Authority. The external sales area shall not exceed 2,721 sqm and the internal sales area shall not exceed 6,171 sqm without the express prior written approval of the Local Planning Authority. No additional mezzanine areas shall be constructed either internally or externally without the express prior written approval of the Local Planning Authority.

Reason: The sub-division and extension would need to be assessed in relation to the provisions of PPS4 in order to assess the impact of such proposals on the town centre.

24. The development hereby approved shall be used as a Garden Centre only in accordance with the terms of this condition for the sale of horticultural goods and associated goods with ancillary restaurant and for no other purpose, including any purpose within Class A1 of the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that Order. Except with the prior written approval of the Local Planning Authority, the retail floor/sales space hereby permitted shall only be used for the sale of the following goods:

1. Composts, peats, chemicals and other goods associated with plant and garden care including gardening books and pre-recorded materials, garden tools, watering equipment and garden machinery; 1.20 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 10 of Annex 1 to Report 10/00059/AS ______

2. Plants and houseplants, seeds, bulbs, cut flowers and goods associated with their care, maintenance and presentation;

3. Garden and conservatory furniture and furnishings, associated homeware, garden lighting and heating, barbecues and barbecue accessories

4. Outdoor clothing and footwear; camping equipment; children’s outdoor play equipment and toys

5. Pets, pet foods, pet cages and birds including aviaries and cages, fish and fish accessories including ponds, pet care advice and care products

6. Seasonal Christmas products, gifts and greeting cards, silk, dried and other artificial flowers and floristry requisites including floral art, prints and frames;

7. Trees and plants of all kinds, pots, rockery and statuary, ponds, pools and fountains and accessories;

8. Garden buildings, greenhouses, conservatories, gazebos, summerhouses, swimming pools, spas and hot tubs with all accessories,

9. Landscape and building materials, fencing, wrought iron work and timber products

10. Ancillary restaurant

11. Ancillary food sales limited to no more than 350 sqm of floorspace in total.

12. Other ancillary comparison products (non-food) not listed above, the sales of which shall be confined to no more than 15% of covered floorspace in total.

Reason: The justification for this retail development is based upon a demonstrable need only for the sale of goods that are normally sold from a garden centre.

25. No advertisements shall be erected within the site without the prior written consent of the Local Planning Authority.

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

Notes to Applicant

1. This development is also the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990 which affects the way in which the property may be used.

2. Care should be taken during and after construction to ensure that all fuels, oils and any other potentially contaminating materials should be stored (for example in bunded areas secured from public access) so as to prevent accidental/unauthorised discharge to ground. The areas for storage should not drain to any surface water system. Where it is proposed to store more than 200 litres (45 gallon drum = 205 litres) of any type of oil on site it must be stored in accordance with the Control of Pollution (Oil storage) (England) Regulations 2001. Drums and barrels can be kept in drip trays if the drip tray is capable of retaining 25% of the total capacity of all oil stored.

1.22 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 Page 1 of Annex 2 to Report 10/00059/AS ______

Assessment of Section 106 Agreement Heads of Terms

The need for sufficient infrastructure and facilities to be in place in order to support new development is well established in the Core Strategy and the South East Plan. Government guidance in Circular 05/2005 supports this approach by saying: “Developers may reasonably be expected to pay for or contribute to the cost of all, or that part of, additional infrastructure provision which would not have been necessary but for their development.” It is also clear that any adverse impacts of a development should be mitigated where this is possible and reasonable.

The proposed contribution to the bus network is discussed in paragraphs 70 and 71 of the previous report.

The proposed travel plan is discussed in paragraphs 72 and 84 of the previous report. Its purpose is to implement measures to reduce employee dependence on the use of the private car and encourage the use of more sustainable modes of travel when employees undertake work-related journeys. Measures would also be implemented to encourage customers to travel to the site by non-car modes. Such measures would promote public transport and other non-car-based modes of travel and encourage a modal shift towards public transport, walking and cycling.

In order to combat climate change and promote sustainability, Core Strategy policy CS10 (C) requires the proposed development to be carbon neutral. It would be necessary for the developer to supply information concerning carbon emissions after the development has been completed and any on-site sustainable energy technologies have been installed. Any remaining carbon emissions would then have to be offset through a payment into the Ashford Carbon Fund.

For the reasons given above, the recommended planning obligations would all be necessary to make the proposed development acceptable in planning terms. The obligations would mitigate the specified harms caused by the development: by promoting alternative means of transport to and from the site in the case of the bus contribution and travel plan, and by offsetting any remaining carbon emissions in the case of payment into the Ashford Carbon Fund. The obligations are therefore directly related to the development proposed. Given the number of new trips to and from the site, the amount of the bus contribution and the provision of a travel plan are considered to be fairly and reasonably related in scale and kind to the proposed development. Any amount to be paid into the Carbon Fund would be based on the amount of carbon dioxide to be offset and therefore be fairly and reasonably related in scale and kind to the proposed development.

1.23 ______Page 1ofAnnex 3toReport 10/00059/AS Planning Committee May201026 Ashford Borough Council

1.24

Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Application Number 08/01503/AS

Location Land West of Knoll Lane Ashford

Grid Reference 59889/14042

Parish Council with Singleton

Wards Singleton South and Beaver

Application Erection of a mixed development comprising 40 houses Description and 24 apartments (30% affordable) with the provision of Public Open Space with associated access and landscaping.

Applicant Hillreed Homes

Agent None

Site Area 3.2 Hectares

(a) 49/12R (b) R (c) KHS X, KCC Countryside X, Natural England X, KCC(Arch) X, EAX PCT X, SWS X KWT X

Introduction

1. This application relates to the development of a remaining area of the Comprehensive Development Area that was set out in the Kent Development Plan (1967 Revision) and the Singleton Informal Area Action Plan 1977. This plan promoted the provision of Housing, Schools, Public Open space, and a Local Centre over a substantial area on the southern margins of Ashford. The development area was subsequently incorporated into Area Based policy S20 in the Ashford Borough Local Plan 2000.

2. It was originally envisaged that this application site, as part of a much larger area, would be used for education provision. Subsequently the John Wesley School has been built to the South of a new road, Wesley School Road, running from Cuckoo Lane to the southern end of the residential development at Singleton Areas 9b/c. This area commenced construction in 2003 and is nearing completion. A substantial part of the land (1.17ha) within the current application site, known as the Red Land, is due to be transferred to this Council for use as Public Open Space under the terms of an earlier Section 106 Agreement relating to the development of Singleton Areas 9b/c.

3.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

3. The application stands automatically referred to this Committee as it is a major one exceeding 10 dwellings in scale.

Site and Surroundings

4. The application site as a whole has an area of 3.2 hectares and slopes gently from south to north. The site is currently under grass which is on occasion grazed and used for informal recreation. It has also been used in association with the construction of the adjoining development.

5. The site is bounded by: a) The northern boundary abuts existing housing in Hedgerows. These dwellings lie at a lower level than the application site. The site boundary also marks the rear garden boundary of the houses. The rear elevations of the existing houses lie at varying distances from 5 to 20m from the boundary. An existing planting belt of varying depth and consisting of semi mature trees and other planting lies along this edge of the application site. The planting belt is within the application site. b) The western boundary is marked by a significant existing ditch and a belt of trees, which are the subject of a TPO, and other planting. This tree belt runs from Wesley School Road through to the southern boundary of the Great Chart Primary School to the north. On the eastern side of the ditch there is an existing Public Footpath which provides a link to the John Wesley School, the Community Woodland and the Singleton Environment Centre to the south, and to a wider footpath network to the north. There are other well used pedestrian routes that traverse the application site. These run East-West by the northern planting belt and from the south-west corner of the site to the north-east corner where it links to Knoll Lane and an existing footpath running along the boundary of the earlier development at Hedgerows. c) The north-eastern boundary abuts Knoll Lane and the greater part of this frontage has a second planting belt of trees running along part of this frontage and along part of the frontage of Cuckoo Lane. d) The south-eastern frontage of the site lies along part of Cuckoo Lane from its junction with Knoll lane to the junction with Wesley School Road. The junction of Cuckoo Lane with Langney Drive lies on the eastern side of the Lane. There is a significant area of planting on the eastern side of the junction with Knoll Lane, with a footway/cycleway set in a grassed area between the road and the rear fences of the dwellings in Broadmead. On the southern side of the junction, there is a narrower grassed area with a footway and the rear fences of the dwellings in Flimwell. There are pedestrian crossing points with refuges to the south of the Cuckoo Lane/ Wesley School Road junction and to the north of the Cuckoo Lane/Langney Drive junction. 3.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

e) The southern boundary of the site runs along the northern side of Wesley School Road.

6. A 132KV overhead line crosses the application site from north to south with a pylon on the northern boundary of the site close to Knoll Lane. The line crosses Cuckoo Lane by its junction with Wesley School Road to a pylon on the eastern side of Cuckoo Lane.

Proposal

7. The proposal as originally submitted was for the:-

‘Erection of a mixed development comprising 90 dwellings (31 being Affordable) with the provision of 1.2ha of Public Open Space (including a MUGA) with associated access and landscaping’

8. The application in its original form was the subject of significant third party objection. In particular, it did not provide for the reconfigured and relocated area of committed public open space in an acceptable form in terms of quality and location, as this was shown relocated to under the overhead line.

9. This alternative scheme has evolved via workshops held with the applicants and their agents’, members of the Parish Council, representatives of the John Wesley School, Kent Highways, Ashford Borough Council Planning, Housing, Legal Services, and Leisure Services.

10. The application has been amended and is now for the erection of 64 dwellings (40 houses and 24 apartments), and provision of Public Open Space.

11. The proposed new housing area to the west of the power line is comprised of houses laid out as a single block with a cul-de-sac accessed from the south lying at the heart of the block. The dwelling houses are all proposed to be located to the west of the power line and are all two storeys and follow the more traditional external appearance of the adjoining development by the same developer to the west, which is currently nearing completion.

12. The vehicular access to this part of the development is proposed to be from the adjoining development via Badger’s Den. An emergency access route is also proposed to Knoll Lane from the development. This is to be located close the existing electricity pylon. The houses are principally laid out to form a rectangular block with houses facing the perimeter road on the western, southern and eastern sides of the block with the northern side facing onto the tree belt adjoining hedgerows and the proposed east-west footpath which will serve these houses as well as providing a pedestrian route from Knoll Lane to the existing public right of way that runs north-south along the western

3.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

boundary of the site. This route follows the line of existing pedestrian movement in this area.

13. A ‘courtyard’ area consisting of eight houses lies at the centre of the block. A curved terrace of three dwellings and a detached house with associated garaging is proposed on the eastern of part of the perimeter road at the eastern end of the layout together with the house facing south provide an edge and overlooking of the reconfigured area of Public Open Space. The area of roadway at the edge of the Open Space includes the provision of parking bays and associated landscaping. All of the houses are two storeys, two and three bed units with a mixture of detached, semi-detached and terraced forms. A total of 16 x 2 beds and 24 x 3 beds are shown.

14. The apartments are proposed all to be in one block located to the east of the overhead line and served by a new vehicular access from Cuckoo Lane. The proposed building is a gently curved bespoke three-storey apartment block facing towards Cuckoo Lane with a car park provided to the front, accessed from that road. It is of a contemporary design and is intended to be a landmark feature. The greater part of the existing planting belt is to be retained. The access has been designed to accommodate a ghost island right turn lane. This entails the relocation of the existing pedestrian crossing to the east of Langney Drive. The design of the access has been designed to limit any delay to the forthcoming Smartlink service along Cuckoo Lane. A pedestrian crossing Island is proposed to the west between Langney Drive and Wesley School Road. This is intended to take account of the desire line towards the John Wesley School from the residential areas to the east and south. There are 6 x 1 bed flats and 18x 2 bed flats.

15. The density of the housing area is 40 dwellings/ha and the density of the flat block is 48units/hectare.

16. Affordable Housing - The proposed scheme provides for 20 (30%) affordable housing comprised of: • 8 Apartments - 50% 1 bed units, 50% 2 bed units. The flats are distributed over three floors – four on the ground floor, two on first floor and two on second floor related to a common stairwell. • 12, 2/3 bed dwellings in two terraces of six dwellings. These are the two terraces facing the tree belt on the northern boundary and the footpath. Parking for these dwellings is in gated and secure parking courts at each end of terraces

17. The tenure of the affordable housing will be split 60% rented and 40% shared ownership. The final details will be agreed under the terms of the section 106 agreement but at the moment it is proposed that at least 3 houses be marketed with a view to using Southern Housing Group Home flex 3.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

intermediate product (if this can be done 3 x 1 bed ground floor flats should be marketed as social rent) the remaining houses would then be for social rent and the rest of the flats to be marketed with Southern Housing Group’s home flex intermediate product.

18. Parking provision is to be provided by a mix of parking courts and within curtilage parking. Garages are provided for some of the houses but these are not relied on as part of the primary parking provision. A total of 90 parking spaces are proposed, thirty to serve the apartments and 60 to serve the remainder of the residential element of the development. The layout also makes provision for parking bays along the northern edge of the Public Open Space to provide incidental parking for that area but also to provide some additional on street parking that can serve the development.

19. KDG Interim Guidance Note 3 – Car Parking provides guidance on car parking provision in residential development in Kent and includes differing requirements depending on site location and housing type.

20. The development is viewed as being within the ’suburban ‘category within IGN3 with a requirement of 1 space per two bed dwelling and 1.5 spaces per 3 bed dwelling.

21. A significant proportion of the houses will have garages but these have been excluded from the overall parking provision calculation even though the houses would have additional storage such as garden sheds that would potentially increase the use of garages for vehicle storage. The parking provision also takes account of the Interim Guidance standard in relation to this category for 0.2 visitor spaces per dwelling.

22. The shared parking area for the apartments will have unallocated parking spaces. This area also facilitates access to this part of the development by service vehicles and has adequate turning facilities for such vehicles.

23. The total number of parking/garage spaces is 116 giving an average of 1.81 spaces per dwelling.

24. Cycle parking - 42 secure cycle parking spaces are provided for the flats. All houses will be provided with cycle storage sheds to hold two cycles

25. The whole layout of the housing to the west of the overhead line has been moved 5m to the south from the initial location proposed. This is to provide for a revision to the surface water drainage layout to provide for a ditch and swale to meet the requirements of the Environment Agency in providing for sustainable urban drainage. There have also been amendments negotiated to unit 4, and adjoining garages, units 11, 12, 13 and adjoining garages and units 24 - 25 as part of creating a more cohesive layout. 3.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

26. The external materials that have been proposed for the houses follows a traditional palette of brick, tile and render and traditional detailing following the theme within the adjoining development by the same developer. The flats are proposed to follow a more contemporary theme with timber and render and a green roof. The surface water drainage strategy has been revised to provide for SUDS linked into the existing natural drainage system on the western boundary.

27. The amount of Public Open Space required has to provide for that which is a commitment from the earlier section 106 Agreements and that which is a requirement to meet the needs of the future residents of this additional development in itself. There is also the need to make provision for children’s play facilities to meet these needs created by this development. While the total quantity and location of the amount of Public Open Space stemming from the existing commitment and to meet the needs arising from this development is a matter to be addressed in this application, the design layout and equipping of the total area of Public Open Space is not a matter for this application. This will be the subject of separate consultation outside the terms of this application once the ownership of the land concerned is transferred to this Council. The total quantum of POS required to be provided is 1.56ha. Landscaping relating to the development itself and the retention and of the existing tree belt adjoining Hedgerows and the partial retention of the second tree belt is a matter that is within this application and is proposed to be dealt with by planning condition.

28. Sustainable drainage. The application has been amended to provide for a Sustainable drainage system the strategy for which has been discussed and agreed with the Environment Agency. This provides for a swale located between the housing area and the proposed flats which will be linked to the existing ditch on the western boundary of the site which runs to the north by a new ditch set in a swale that will lie between the tree belt and the proposed housing area. It is proposed to increase the storage capacity within part of the existing ditch. It will be necessary for the Environment Agency to approve the full detail of the revised surface water drainage.

29. The application is accompanied by two Code for Sustainable Homes initial Assessments, one relating to the flats proposal and one relating to the houses. Both initial assessments show that each part of the proposed development can achieve Code level 3. There is some potential in each case for the scores to be improved. The Code for Sustainable Homes level that is achieved is one of the factors that is used in calculating the level of the Carbon offsetting payment that may required as referred to later in this report.

30. Ecology - A substantial part of the site is grassland that has been grazed. There are areas towards the margins of the site which have a greater 3.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

potential ecological interest. There was an appraisal that was carried out in 2008 and this has been updated in 2010.Together these indicate that there is ecological interest that needs to be accommodated.

31. The application as amended was accompanied by: • Transport Statement Addendum • Arboricultural and Planning Integration Report • Additional Information Code for Sustainable Homes • Addendum to Flood Risk Assessment • Design and Access statement • Ecological update assessment

Planning History

32. 03/01910/AS Temporary construction access to Knoll Lane (Proposed location adjoining Pylon). Withdrawn following objections on Highway safety and amenity grounds.

33. Section 106 Agreements in respect of developments Singleton Areas 9b/c and Singleton areas10/11 (96/0770/AS and 97/0155/AS Residential Development (class C3 Singleton Areas 10/11, 03/0801/AS Residential Development Singleton Areas 9b/c) relating to the provision of 1.17 hectares of Public Open Space – the ‘Red Land’ referred to in the agreement forms part of the application site.

Consultations

The consultations on the original scheme have not been reported as the scheme has changed so markedly.

Ward Members: The Ward Member for Singleton South agrees with the views expressed by the Parish Council.

Portfolio Holder – Development Management: "It is regrettable that the alternative access to Knoll Lane has not been fully explored in relation to this application, but the clear advice from KHS is that the proposed access is acceptable. I would ask members of the Planning Committee to consider design matters in particular as it is important to ensure that the design quality, including the detailed design, is as high as reasonably possible."

Great Chart and Singleton Parish Council: Object and have made detailed comments which are attached as an Annex 2 to this report. In summary their views are that:-

3.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

1. Concern that the existing properties in Hedgerows are not adequately protected from surface water drainage in the proposed drainage strategy. 2. Despite the concerns of local residents, traffic surveys suggest the road is suitable to accommodate the additional traffic movements making access and egress from the additional homes. The PC maintains there are issues with sight lines due to the bends on the road and that the true impact of these will not become truly apparent until the whole road system on the existing estate is opened up to through traffic as at present access to Badger’s Den is effectively one way. 3. Concern that either exit from the Hillreed estate involves passing a Primary School and there is existing congestion in Wesley School Road due to the existing parking arrangements and the chicanes. The School is planned to expand over the next three years. 4. Potential conflict between the proposed access via Badgers Den and the Public Right of Way and detriment to pedestrian safety as this is a route between the two Primary Schools and the Singleton Centre. 5. Request that the alternative access to Knoll Lane be explored, an access here possibly to a roundabout would assist in resolving traffic speed problems in Knoll Lane. 6. Concern with regard to the proposed refuse collection points located in the private parking courts with regard to potential nuisance 7. Concern that the wildlife importance of the site has increased since the last survey and this should be the subject of further survey work.

Kingsnorth Parish Council (adjoining): Comment that they would like ABC to verify the CABE Building for Life judgement and Consequential Score.

Neighbours: 49/12R – 1. A detailed letter of objection with regard to the use of Badgers Den as the means of vehicular access attached as annex 4 to this report. 2. Flow of traffic past John Wesley School and create additional problems there particularly with the plans to increase the size of the School. 3. An objection to the increased use of Running Foxes Lane that would result from the routing of traffic from the development by Badgers Den. Residents parking, visitors parking, plus tradesmen parking creates a one-way street even though the width of the road may be within Government guide lines, added to this congestion are two schools, one at each end of Running Foxes Lane, most residents try to avoid the schools at opening and closing times. 4. Reference is also made to an incident in July 2009 concerning the difficulties experienced by a Fire Engine in reaching Badger’s Den.

3.8 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

5 The suggestion is made that the solution is to serve the site via an access from Knoll Lane, a roundabout at the junction of Knoll Lane and Cuckoo Lane which would overcome these objections which would ease congestion in Cuckoo Lane especially at School times, assist with dealing with the speeding problems in Knoll Lane and remove the need for access via Badgers Den. 6. Concern that there could be a direct view from the windows in the proposed new dwellings to the upper storey windows of the existing dwellings to the north in Hedgerows, particularly if there were a thinning of the existing brambles which provide screening. 7. The proposed Skate Park could give rise to problems. The location in such close proximity to existing homes is totally unsuitable as they often generate excessive noise, graffiti with problems for those who live nearby. A better site should be found that would not have a negative impact (this is shown illustratively as a potential new facility on the area of open space and is not part of the application). 8. The proposed apartment block with access from Cuckoo Lane would create additional traffic problems in an area which is already congested particularly at the time of the School runs.

KCC (Mouchel): on behalf of KCC request the following financial contributions: • Primary School places - £1,389.99 per applicable flat and £5,559.96 per ‘applicable’ house. • Secondary School places - No current requirement. • Libraries - £227 per dwelling. • Adult Education - £180 per dwelling. • Youth and Community - £206.75 per ‘applicable’ flat and £827 per ‘applicable’ house. • Adult Social Services - £1201 per dwelling.

Kent Highway Services: Have no objection to the application as amended subject to conditions and request a financial contribution in respect of:- • Provision of Bus services improvements £31,966 (5 x 1 bedroom units @ £275 = £1375) (59 x 2 and 3 bedroom units @ £519 = £30621)

Housing Manager: The distribution, mix and proposed pattern of tenure of the affordable housing is acceptable

Natural England: Welcome the use of native species and the opportunities to enhance biodiversity on this site.

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Eastern and Coastal Kent PCT: Across Ashford the PCT is aware of capacity issues in Primary Care from 2013/14 and therefore will be looking to increase capacity through extended and new Primary care Premises to accommodate the planned population increase. The PCT are seeking a contribution to both provision of the capital infrastructure and revenue to support service delivery costs associated with this development and therefore seek £26,000 capital contribution and £22,400 revenue contribution.

KCC Countryside Access Service: Public Right of Way AW231 passes through the application site on the western boundary, the legal public right of access is for passage on foot only; any conversion of the path to a cycleway would require the appropriate consents from KCC. It is requested that due to the increase usage of the path that a bound gravel surface be provide for the section within the development and that a ramped crossing be provided at the new road from Badgers Den subject to these points No Objection.

There should be no obstruction of the PROW including during construction without prior consent of KCC Countryside Access Service.

KCC Environment and Waste (Archaeology): The application site lies within an Area of Archaeological Potential associated with activity from the Iron Age onwards. A number of finds have been made in the wider locality and it is requested that any planning permission be conditional upon the securing of a programme of archaeological investigation.

Environment Agency: Initially commented that the Environment Agency has no objection to the principle of the proposed development but objected to the to proposed drainage strategy as initially submitted. They considered that the applicant has not fully taken account of the issue of surface water disposal in terms of Policy CS20 and the views of the Agency. The guidance as set out in the updated PPG 25 practice Guide should be adhered to and a housing layout should not be agreed that would restrict the options for a more sustainable drainage design network in the future and so the drainage network should be designed at an early stage.

The application has been revised and The Environment Agency now has no objection to the principles of the proposed drainage strategy as illustrated in DWG No. 690334/001 rev. E, dated 12th March 2010 but have made the following comments:

“We recommend the culvert diameter beneath Badgers Den and beneath the new access road from the Knoll Lane entrance should be a minimum of 600mm to assist with maintenance and reduce the risk of blockage. The culvert invert should also be a minimum of 150mm below the channel bed level. The watercourse along the western boundary of the site is a private watercourse and as such, under the terms of the Land Drainage Act 1991 the prior written consent of the Agency is required for any works within the 3.10 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

channel. This would include any channel widening, bridge culvert works and installation of the hydrobrake.

We have no objection to the principle of connection to a Southern Water Sewer on Cuckoo Lane, subject to their approval. The restriction of 0.66 litres per second is very low so the maintenance programme will need to specify regular checks to ensure the outlet is kept clear of obstructions. An alternative would be to attempt all surface runoff to drain by gravity towards the west, where it can discharge to the watercourse along the western boundary.

In either event, we would recommend Ashford Borough Council is satisfied an acceptable programme of maintenance will be implemented. We therefore would like to remove the objection we had with the initial drainage strategy

Southern Water Services Ltd: Confirm that that there is foul sewerage capacity available to serve the development. The intention to use SUDs surface water drainage is noted. This under current legislation relies upon facilities which are not adoptable by sewerage undertakers. Suitable arrangements should be made for the long term management of the system.

Kent Wildlife Trust: The phase 1 ecological survey shows that there is potential for protected species on site suggest that surveys be carried out in respect of great crested newts, reptiles and badgers.

Contract Services Manager: The development in itself creates a need for the provision of an additional area of land as Public Open Space together with play facilities in addition to the existing commitment for that stemming from the earlier development adjoining together with a commuted sum in respect of maintenance.

Cultural Services Manager: Requests financial contribution towards provision of Public Art and support of the voluntary sector.

Planning Policy

34. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009 SP3 - Urban focus and urban renaissance

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CC1 - Sustainable development CC2 - Climate change CC3 - Resource use CC4 - Sustainable design and Construction CC6 - Sustainable Communities and Character of the Environment CC7 - Infrastructure and Implementation H1 - Housing Provision H2 - Managing the delivery of the regional housing provision H3 - Affordable housing H4 - Type and size of new housing H5 - Design and housing density NRM1 - Sustainable water resources and groundwater NRM4 - Sustainable flood risk management NRM5 - Conservation and improvement of biodiversity NRM7 - Woodlands NRM11 - Development design for energy efficiency and renewable energy T4 - Parking

Ashford Borough Local Plan 2000 HG5 - Sites not on the proposals map HG15 - Local housing needs LE5 - Equipped public open space LE7 - Play facilities LE9 - Maintenance of open spaces

Local Development Framework Core Strategy 2008 CS1 - Guiding principle for sustainable development and high quality design. CS2 - The Borough Wide Strategy CS9 - Design quality – development proposals must be of a high quality design and address issues such as character, distinction, sense of place, permeability, ease of movements, legibility, mixed use and diversity, continuity and enclosure, quality of public spaces, flexibility, adaptability and liveability, richness in detail and efficient use of natural resources. CS10 – Sustainable design and construction. CS11 – Biodiversity and geological conservation

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CS12 – Affordable housing CS13 – Range of dwelling types and sizes based on a careful assessment of local housing needs. CS15 - Transport CS18 - Infrastructure and facilities required to meet the needs generated by new development, including public open space, recreation, sports, children’s play, leisure, cultural, education, youth, health, public service and community facilities, should be provided CS20 – Sustainable drainage – all development should include appropriate sustainable drainage systems for the disposal of surface water on the site. In order to avoid any increase in flood risk or adverse impact on water quality

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

Supplementary Planning Guidance Sustainable Design and Construction SPD Affordable Housing SPD

Government Advice PPS1 – Delivering sustainable development. PPS3 – Housing PPS9 – Biodiversity and Geological Conservation. Planning for Biodiversity and Geological Conservation: A Guide to Good Practice (CLG, 2006) PPG13 – Transport. PPG17 – Planning for open space, sport or recreation. PPS22 – Renewable energy PPS23 – Planning and pollution control. PPS25 – Development and flood risk. Circular 05/2005 – Planning Obligations

Kent Design IGN3 Residential Parking Manual for Streets By Design – Urban Design in the Planning System: Towards Better Practice By Design - Better Places to Live: A Companion Guide to PPG3 Building for Life - Delivering great places to live: 20 questions you need to Answer.

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Assessment

37. The main issues for consideration are: • The acceptability of the development in principle • Highway Issues • Environmental Issues • Detailed design issues. • Affordable Housing • Provision and management of Open Space, Play provision • Planning obligations

The Acceptability of the Development in Principle

38. This part of the Singleton development area was originally proposed in the early1970’s to be used for Education purposes for the provision of a Secondary School. The educational needs for the locality as subsequently reviewed have been met by the construction of the new John Wesley School to the south of the application site. There is also the existing commitment from an earlier Section 106 agreement for use of part of the site as Public Open Space to meet the needs of Singleton areas 9b/c and area10/11. Providing an area of the appropriate size to meet this commitment (1.17ha) is included within this application, but with its configuration revised. The existing Section 106 agreement includes a provision for the alteration of the northern and eastern boundaries of the Red land by prior agreement of this Council and the County Council.

39. The context for the development of the site is set by the adjoining residential development to the north, east and to the west together with the School to the south and the requirements of the extant Section 106 Agreements and in respect of the provision of Public Open Space to meet the needs of the residents of the development concerned. The site as a whole was previously committed in the 1970’s for the provision of a Secondary School as part of a larger site. The needs for Education provision have changed since then. Part of the area concerned in the original policy has now been developed by the construction of Wesley School Road, the John Wesley School, an area to be provided for access and car parking for the Environment Centre and to enable the residential development of Singleton Area 9 b/c.

40. I consider that the site lies within the built confines of Ashford and the site can be viewed as a ‘windfall’ site as referred to in policy HG5 of the Ashford Borough Local Plan that complies with the criteria set out in that policy.

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The location of the site would provide residents with easy opportunities to walk or cycle when travelling to work, school, shopping, community and leisure facilities. The site is also served by existing Bus Services, which are due to be enhanced in the future.

41. The development would not result the displacement of other uses such as employment, leisure or community uses for which there is a need in the area.

42. The development would not result in a development that would be of a scale, site coverage or density significantly greater than the surrounding area.

43. I consider that the terms of the policy are met and therefore the residential development of part of the site is acceptable in principle.

Highway Issues

44. Kent Highways do not raise any objection to the application as amended. The context of the adjoining road network within the existing adjoining development has changed through the completion and opening of the through route in the existing development to the west. There is now a through route from Wesley School Road to Hoxton Close. Prior to this, traffic to the John Wesley School and the parts of the adjoining development were effectively part of a large cul de sac and similarly the rest of the adjoining development was only accessible by vehicle from Hoxton Close

45. The proposal is acceptable with regard to the quantum of development proposed and its impact in relation to the highway network.

46. The proposed means of access to the dwelling house element of the application site is via Badger’s Den on the earlier development. This has a carriageway 5.5 m in width and serves less than 15 dwellings. The site layout has been designed to be conducive with a 20 mph design speed. The original proposal was for 90 dwellings served from two accesses from the existing development, one being via Badgers Den and one further to the south.

47. The vehicle trip rate per dwelling based on TRICS data in relation to access via Badgers Den would be: AM Peak 0800-0900 In 0.109 out 0.554 Total 0.633 for 40 dwellings = 26.56 two-way movements in this period PM Peak 17.00-1800 In 0.467 out 0.122 Total 0.589 for 40 dwellings = 23.56 two-way movements in this period. This is considered by Kent Highway Services to be an acceptable level of traffic of traffic generation in addition to that already using Badgers Den. Kent Highways have carried out several site visits in relation to the matters that

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have been raised concerning the suitability of Badgers Den to serve the development as part of reaching their view on this matter.

48. The suggested alternative of providing the vehicular access to the houses from Knoll Lane at the point where the emergency access is proposed, with the emergency access being from Badger’s Den has been put to the applicants. They do not wish to amend the application in this respect, and wish it to be determined on the basis of the submitted scheme. They have pointed to the application that they made in 2003 for a temporary construction access at this locality that was withdrawn following objections that were made to that proposal at that time on highway safety and amenity grounds.

49. In terms of detail Kent Highways raise no objection with regard to the location and detail of the proposed access to the principal area of the site from Badgers Den with provision of an emergency access to Knoll Lane.

50. They raise no objection to the proposed access to Cuckoo Lane for the flats. Kent Highways have considered the detailed objections that have been made in respect of accessing the site from Badgers Den and to the access to the proposed flat block from Cuckoo Lane. The car parking provision proposed is also acceptable to them.

51. With regard to the issue congestion in Wesley School Road at School dropping off/picking times, the opening of the through route in the adjoining estate may go some way to alleviate the position.

Environmental Issues

52. The proposed development relates satisfactorily to the existing public footpath network and the footpath running North – South along the western boundary and the pathway that runs diagonally across the whole site providing a link from Knoll Lane and the other paths that meet at this point to the south western corner of the site and to the path to the Community Woodland. The proposed layout retains the route across the northern end of the site from Knoll Lane to the north-south Public Footpath The detail of the crossing point of the path over the new access is a matter than can be the subject of a planning condition.

53. Archaeology – The site lies within a locality where there have been significant archaeological finds in the past and it is appropriate for there to be an archaeological Investigation of this site as requested by KCC Archaeology. This matter should be the subject of a planning condition.

54. Ecology - An Ecological survey was carried out in 2008 which showed that there was a presence of common lizards on the margins of the site. While the greater part of the site is grassland that is at times informally grazed, there are 3.16 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

areas of hedge line which may have significant ecological interest. The site was resurveyed in February 2010 and appraised as suitable habitat for protected species by means of a walkover survey. The site was examined for physical signs of protected species, such as badgers, reptiles and great crested newts, amongst others. The site remained very similar in appearance to that found in 2008. Reptile habitat still occurred in significant lengths around the borders and to some extent into the development site. A large reptile hibernation/basking area has been created since the previous survey. Since 2008 great crested newts have been found some 600 metres to the south in ponds in Coleman’s Kitchen Wood, and there are two new ponds within 200 metres to the south and south west of the proposed development site. There is also the possibility of protected species transiting across the site as raised by the Kent Wildlife Trust. Badger prints were found under an electricity pylon, tough no sign of a sett has been found on the development site. While there is potential terrestrial habitat for Great Crested newts on the site, the barriers that exist in terms of Wesley School Road and limited suitable habitat to the north reduces the chances of the species occurring on the site. There is need for further assessment in respect of reptiles and the two nearest ponds to and for site clearance to be done in a controlled manner and at an appropriate time of year. This is particularly relevant in respect of nesting birds. These issues can be the subject of planning conditions.

55. Surface Water Drainage – The application has been amended to provide for a sustainable system of surface water drainage to meet the requirements of the Environment Agency, The revised proposal includes a swale in the area of the overhead line and the formation of a shallow swale with a ditch lying between the proposed footpath and the root protection zone of the existing tree belt running to existing north-south ditch on the western boundary of the site. This has necessitated the re-siting of the proposed development by 5 metres. The Environment Agency has confirmed that the surface water strategy as revised is acceptable to them subject to the planning conditions set out in their comments.

Design and layout issues

56. The approach that has been taken has evolved from the ideas that were discussed at the pre submission workshops that were held following the identification of serious concerns with the originally submitted scheme. The overhead line that bisects part of the application site from north to south effectively divides the site into two separate development parcels. While housing development in the past has taken place under such overhead lines, this is no longer considered acceptable given recent Government advice. The overhead line is a constraint that makes it a more difficult site to develop as a cohesive place. This has had an effect upon the Building for Life score.

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57. The development to the east of the power lines comprises a gently curved bespoke three-storey apartment block with a car parking strip provided to the front, accessed off the main road. This general layout works well in terms of the surrounding road infrastructure, providing a building front onto the existing streets and backing onto the power lines. The front elevation is animated by the presence of a large number of front doors – each ground floor unit has its own dedicated entrance with a number of entrance doors also provided in this elevation to the upper floor units. All units are dual aspect, and all are equipped with a balcony or terrace. A controlled pedestrian access provides a direct route through the block to the private communal open space to the rear, maximising its usability for all residents. The design and choice of materials (timber/render) and a green roof could help to provide a distinctive building, contributing to sense of place.

58. In my view this part of the development is well conceived providing both a high quality of urban design and contemporary architecture. The treatment to the boundary between the private communal garden to the apartment blocks and the open space (beneath the power lines) will be critical to ensuring the creation of successful defensible space to the rear of the block.

59. The proposed housing area to the west of the power line comprises housing units laid out as a single block with a cul-de-sac accessed from the south. The route along the north side of the block comprises a footway only. The pedestrian-only route along the north side of the block means that those housing units fronting onto it can not be accessed by car – their parking is provided in parking courts at either end of the footway. The parking courts will be gated and the proposed boundary treatment has been improved reinforces the pedestrian route and improves the distinction between public and private areas.

60. The access into the cul-de-sac section in the core of the block has the effect of breaking up the built–form along this side of the block. This was a deliberate decision of the designers to allow light to penetrate the block. This could be seen to weaken what should be a strong and distinctive frontage onto the public open space to the south, but there have been other amendments to the proposal which assist in this respect. • The inclusion of some house types that provide stronger • Corner treatments • The setting forward of some units to improve enclosure of the street; • More careful elevational treatment to enhance overlooking of parking areas; • The reduction in the amount of parking spaces provided in rear parking courts with the provision of at least some street parking;

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• The provision of a robust boundary to both parking courts, marking the northern corners of the block.

61. The house types that have been proposed follow the design approach of the adjoining scheme by the applicant. These incorporate traditional design elements. These include 45 degree roof pitches, some with half hipped and full hipped roofs, chimneys, eaves overhangs with bargeboards and rafter feet detailing. Use of brick detailing in window heads brick quoins on buildings with render, and brick band detail on some dwellings, hoods over front doors. I consider that the design of the proposed dwellings is acceptable.

62. I consider that the relationship between the proposed development and the dwellings in Hedgerows to the north is acceptable. The workshops identified that the planting belt was an important feature that should be retained. This objective would not be achieved in the longer run if it were included in the rear gardens of houses as it would be probable that much of it would be lost over time. It would not be satisfactory to leave it as a space between the back fences, those of existing development and those of new development backing onto it. The solution that has come forward is to retain it as an entity with development facing it with a footpath access, following an existing route on the site, this layout provides public access and overlooking of the area. The relationship has been improved through the re-siting of the whole layout 5 metres further to the south to accommodate the revised surface water system proposed adjoining the tree belt and so increasing the distance between the existing dwellings and the proposed. This distance between the existing and proposed dwellings varies as the dwellings in Hedgerows lie at varying distances from the common boundary.

63. In terms of the requirements of policy CS10 the appropriate designation of the site is in my view as a Greenfield urban site where the appropriate level as set out in the policy is code level 4. The information that has been submitted with the application indicates that both the flats and the houses will at present achieve code level 3. There is potential for the level as set out in the initial assessment to be improved. The level finally achieved is material with regard to the calculations in respect of carbon offsetting as discussed below.

64. The scheme has been assessed against the Building for Life criteria. The scheme has scored 13/20 and ideally should score at least 14/20. The overhead line across the site does make it more difficult to achieve a totally integrated scheme on the site. There are some categories within the assessment where a full point for a particular category could be awarded if the detail were available.

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For example: 15. Are public spaces and pedestrian routes overlooked and do they feel Safe? The answer is generally yes but there is an area where the SUDS design needs to enclose the back of properties to create defensible private space. The working up of the SUDS design may allow an additional 0.5

16. Is Public space well designed and does it have suitable management arrangements in place? The design and management of the majority of the public space is not a matter for the applicants as this space will be transferred to this Council. Therefore there is opportunity for additional credit when these details are known. Therefore a score of 14/20 can be achieved

Affordable Housing

65. The proposal is acceptable in terms of the proposed level of provision. The proportions of rented and shared ownership and the distribution of the affordable housing through the proposed development have been the subject of discussion between the applicants and the Housing Manager and the proposed scheme has been agreed in principle by Head of Housing.

Provision of Public Open space and Play facilities

66. The existing Section 106 Agreements referred to above make provision, amongst other things, for an area of Public Open Space (1.17ha known as the Red Land) to be provided to serve existing developments at Singleton (areas 9b/c). The terms of the earlier agreements allow for the configuration of that space to be amended if agreed by the Borough Council and KCC. This development in itself sets a requirement for an additional area of Public Open Space of 0.39 ha and for play facilities to meet the needs of this development in itself in pursuance of saved Local Plan policies LE5 and LE7. The total requirement of Public Open Space is now 1.56ha (an increase of 0.39ha). There is an area of 1.609 ha is available to meet the requirement. Not all of the area that is to remain undeveloped is suitable to be counted as part of this additional Public Open Space requirement, such as the area underneath the overhead line. A plan showing the areas to be formally counted and other open space that will be available is appended.(Annex 1) The other areas will remain undeveloped and whilst it may be viewed as part of the open space by the public, formal activities will be directed onto other more suitable land. There is an outstanding issue with regard to areas such as this as to future ownership and responsibility for maintenance. This should be safeguarded by condition. The provision of play equipment in relation to the needs generated

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by this development is a matter that can be the subject of a financial contribution.

Planning Obligations

67. The need for sufficient infrastructure and facilities to be in place in order to support new development is well established in the Core Strategy and the South East Plan. Government guidance in Circular 05/2005 supports this approach by saying: “Developers may reasonably be expected to pay for or contribute to the cost of all, or that part of, additional infrastructure provision which would not have been necessary but for their development.” It is also clear that any adverse impacts of a development should be mitigated where this is possible and reasonable.

68. Regulation 122 of the Community Infrastructure Regulations 2010 says that a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is: (a) necessary to make the development acceptable in planning terms, (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development This means that any requirements in a S106 Agreement have to comply with those 3 legal tests, which I will now apply.

69. There is currently no spare capacity at any primary school within in the vicinity of the application site, but it is possible to extend the John Wesley Primary school. The new build rate of contribution is therefore appropriate. Children will be among the occupiers of the development so that the payment is directly related to the development. The amount requested has been calculated using the County Council’s estimates of the number of children who are likely to live at the development. The amount is therefore fairly and reasonably related to the proposed development.

70. There is no spare library space to accommodate the new residents of the development. Additional residents will also generate a need for additional library books. A payment towards library facilities is therefore considered to be necessary and directly related. The amount sought is also fairly and reasonably related in scale and kind when considering the extent of the proposed development. The payment is likely to be applied to the new Gateway Library Plus.

71. Additional demand for adult education would be generated by the occupiers of the development. In order to meet that demand, further resources would have to be provided. As a result I consider a payment is necessary and directly related. The amount sought has taken into account the estimated number of 3.21 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

adults who would use the services so that I am of the view that it is fairly and reasonably related to the proposed development.

72. The number of young people would increase as a result of the development, which in turn would generate additional demand for youth and community services. Providing such services for the occupiers is necessary and directly related to the proposed development. A calculation has been made of how many more people would use the services and the payment has been based on that estimate. The amount sought is therefore fairly and reasonably related to the proposed development.

73. Demand for adult social services would increase as a result of the development. In order to be able to provide the necessary care and level of support for the new residents, a contribution towards expanding the service would be necessary and directly related to the development. The amount sought is based on how many new service users will live at the development. Accordingly, the amount is fairly and reasonably related in scale and kind to the development.

74. In order to promote public transport and encourage a modal shift away from private car use, it is necessary for the residents of the development to have access to adequate public transport. A financial contribution is therefore necessary in order to develop SMARTLINK and to continue to improve existing bus services. The contribution would be directly related to the development as public transport which is accessible to occupiers would be maintained and improved. The amount sought is based on the number of units in the development and accordingly is fairly and reasonably related to the proposal.

75. Extended and new Primary Care Trust facilities would need to be constructed in order to meet the health needs of the residents of the development. Providing health services for those residents is necessary. The need would not arise without this development so that the payment is directly related. The amount for capital costs has been calculated based on the estimated number of occupiers of the dwellings and is fairly and reasonably related as a result.

76. I do not consider the PCT’s requested payment towards the cost of staffing and running those facilities is necessary, directly related or fairly and reasonably related. No infrastructure would be funded by such a payment and the costs should be met out of general taxation and not through developer contributions.

77. In order to meet the housing needs of those who cannot afford to buy or rent on the open market, it is necessary for affordable housing to be provided to the extent and in the split recommended in accordance with Core Strategy policy CS12. Affordable housing is being provided in conjunction with market 3.22 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

housing so that the obligation is directly related to the scheme. The number of affordable housing units to be provided is fairly and reasonably related to the market housing proposed.

78. In this particular instance, the public open space required to serve the development will be laid out by ABC and/or the Parish Council. In order to carry out those works and meet the needs of the new residents for public open space a financial payment is necessary. The public open space will be provided for use by the development’s residents so that the payment is directly related to the development. The public open space must be maintained in the future for the benefit of occupiers. This will also be done by ABC and/or the Parish Council so that a payment to that end is needed and directly related. In order to carry out the laying out and maintenance effectively, the public open space land needs to be transferred to the Council’s ownership. This transfer is directly related as it would not take place without the development. I consider the transfer is also fairly and reasonably related in scale and kind to the development as no more land than necessary for the public open space will be transferred. The contributions for public open space comprise the following and I consider they are fairly and reasonably related to the development given the extent of the public open space and the duration of maintenance:

64 dwellings require 0.39ha OS (X 2.52 X 2.4/1000) These figures will depend upon the area of open space to be adopted by the LA/PC but based on all the area being adopted they are: Minimum capital investment for laying out as POS = £16,831 Fees for delivery by LA/Parish – 20% £25,216 = £5,043 Commuted maintenance sum = (£1,999.4 pa for ten years) £19,994 Total £41,868

79. A Children’s play area and equipment are necessary in order to meet the needs of occupiers of the development. It is inevitable that children will live in the development so that the provision is directly related to this scheme. The area and equipment are to be provided by ABC and/or the Parish Council which means payments are necessary. In order to ensure the facilities are kept in good order and can continue to be used, it is necessary for a payment to be made to ABC for their maintenance. If there were no facilities there would be no need for maintenance so that the payment for upkeep is directly related. The contributions for children’s play provision comprise the following and I consider they are fairly and reasonably related to the development given the extent of the provision and the duration of maintenance:

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64 dwellings requires a minimum capital investment = £57,820 Delivery by Borough/Parish 20% of £57,820 = £11,564 Commuted maintenance sum = (£6,092.5 for ten years) £60,925 Total £161,309

80. Policy CS10 sets an objective of achieving carbon neutral development by reducing carbon dioxide emissions by a variety of means. Firstly, through reducing energy demands through the building design and construction. This element has the potential to deliver a high level of carbon savings. Secondly, there is the opportunity further to reduce carbon emissions through the provision through on site low carbon and/or renewable energy. These two points are set out in parts A and B of policy CS10. Part C of the policy sets out to provide a mechanism for offsetting the remaining predicted carbon emissions via financial contributions to the Ashford Carbon Fund. A developer may choose to implement further on site measures to reduce carbon emissions before making a contribution to the fund. The recommendation in respect the Section 106 Agreement includes in the proposed the Heads of Term a requirement to supply information concerning carbon emissions after completion and then to offset any remaining carbon emissions by paying into the Ashford Carbon Fund.

81. Ensuring that any remaining carbon is offset is necessary in order to combat climate change and promote sustainability. Only the remaining carbon generated by the development would be calculated and offset so that the obligation is directly related to the development. Any amount to be paid into the Carbon Fund would be based on the amount of carbon dioxide to be offset and therefore would be fairly and reasonably related in scale and kind to the proposed development.

82. In order to achieve an acceptable design quality, public art must be provided. A contribution towards its provision is therefore necessary. The art work would be provided on site so that it is directly related to the development and would be of benefit to the occupiers. Given the scale of the development, the amount sought is considered to fairly and reasonably relate to the development.

83. This development would be in an area of Ashford which has only recently been established. As such, there is a need to build up local voluntary groups in order to foster a sense of community and provide facilities for local residents. These groups have the potential to become valuable community resources but need support, especially when they are starting out. Local residents would also use existing voluntary groups in Ashford so that additional demands would be placed on them. In order to maintain a vibrant voluntary sector for use by the residents it is necessary for a financial

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contribution to be made. The voluntary groups that would be supported would be available for occupiers of the development so that the payment is directly related. The amount sought is considered to be fairly and reasonably related in light of the development proposed.

84. Management arrangements for land that will not be not transferred to residents, managed by an RSL or adopted by the Council or the County are needed in order to ensure that that land is managed to an acceptable standard. Unmanaged areas of land on estates can detract from the appearance of an area and lead to anti-social behaviour, such as fly-tipping. Preventing such dereliction is therefore necessary. The recommended obligation is directly related to the development as it would not be triggered without the development. The obligation is also fairly and reasonably related in scale and kind as only land which is effectively left over after the development has been completed is affected.

Conclusion

85. In my view there is no sustainable objection in principle to the development of this site as set out in the application for the reasons set out in the report.

86. The objections that have been raised to this development primarily related to the proposed vehicular access to the site from Badger’s Den. The applicants are not willing to revise the application to provide for the alternative access from Knoll Lane. Therefore, this application must be determined as submitted on the basis of the vehicular access to the site being from Badger’s Den. There is clear advice from Kent Highway Services that there is no sustainable objection on highway grounds to the proposed means of access via Badgers Den. A resident has raised an objection to the access to the proposed flats from Cuckoo Lane. This access was designed to take account of the needs of pedestrians crossing the road at this point and the needs to accommodate enhanced bus services. Kent Highway Services have no objection to the formation of this access.

87. The design and layout of the development has been developed by way of workshops and detailed discussion to arrive at acceptable scheme. While the Building for Life score is currently 13/20, there are opportunities for this score to be enhanced.

88. The existing commitment stemming from earlier developments to provide for a substantial area of Public Open Space to meet the needs of the earlier developments at Singleton Areas 9b/c and10/11 on part of this remaining area of land has been met in a revised configuration as has the additional open space and play requirement generated by the development in itself.

3.25 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

89. Affordable housing at the required level can be secured through a section 106 agreement and planning obligations render the unacceptable aspects of the development acceptable.

88. A letter from the applicants is attached as annex 4 which summarises their views with regard highway issues and requesting and request that the current application (with the main access from Badgers Den) which has the support of Kent Highways Services is determined by members as the company is not willing to explore the feasibility of alternative access options at this late stage. I would be grateful if you could bring this point to the attention of members as the alternative option of deferring the application to enable further exploratory discussion would not be acceptable to Hillreed.

Human Rights Issues

I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

Summary

The main issues in this case are:-

(a) The acceptability of the development of the site in principle (Policies HG5 (sites not on the proposals map) HG15 Local Housing needs) CS9 (Design Quality) CS10 (Sustainable design and construction) CS11(Biodiversity) CS12 (Affordable Housing) CS13 (Range of dwelling types). CS 20 (Sustainable drainage). (b) The acceptability of the development in Highway terms (CS15 Transport). (c) The detail and layout of the proposal is acceptable(CS9). (d) The provision of the required area of open space to meet the needs of the development and that required by earlier s106 agreements.(LE5 Equipped Public Open Space). LE7 Play Facilities. LE9 Maintenance of open spaces. 3.26 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(e) The proposed provision for affordable housing is acceptable. HG 12 Local Housing needs. CS12 Affordable Housing. (f) I consider that the recommended planning obligations are necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development.

Recommendation

That for the following reasons the Planning Committee permit this application:

1. The layout of the site and the design of the dwellings and flats is acceptable.

2. The development is acceptable in Highway terms, the level of car parking provision is acceptable.

3. Planning obligations would provide for an acceptable level of affordable housing and mitigate other harms arising out of the development.

(A) Subject to the applicants entering into a S106 Agreement Planning Obligation by agreement in respect of the matters listed below in terms acceptable to the Head of Legal and Democratic Services, with delegated authority to either the Strategic Sites and Design Manager or the Development Control Manager to make or approve appropriate changes to the Heads of Terms and/or planning conditions as may be required, and the carrying out of obligations:

Developer Obligations

1. To pay financial contributions to Kent County Council via Ashford Borough Council in respect of: • Primary School places - £1,389.99 per ‘applicable flat’ and £5,559.96 per ‘applicable’ house to be spent within a 2 mile radius of the site. • Libraries - £227 per dwelling to be spent within a 3 mile radius of the site. • Adult Education - £180 per dwelling, to be spent within a 3 mile radius of the site. • Youth & Community - £206.75 per ‘applicable’ flat and £827 per ‘applicable’ house, to be spent to be spent within a 3 mile radius of the site. • Adult Social Services - £1201 per dwelling, to be spent within a 3 mile radius of the site.

3.27 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

• Contribution towards provision and or improvement of Bus services improvements in the vicinity of the site of £31966 (5 x1 bedroom units @ £275 = £1375) (59 x 2 and 3 bedroom units @ £519 = £30621) The timing of such payments to be agreed.

2. To pay a financial contribution to East Kent and Coastal Primary Care Trust via ABC of £26,600 capital contribution timing to be agreed, to be spent within a 3 mile radius of the site.

3. The provision of 20 dwellings (30%) of units as affordable housing; The tenure of the affordable housing will be split 60% rented and 40% shared ownership. The final details will be agreed under the terms of the section 106 agreement but at the moment it is proposed that at least 3 houses be marketed with a view to using Southern Housing Group Home flex intermediate product (if this can be done 3 x 1 bed ground floor flats should be marketed as social rent) the remaining houses would then be for social rent and the rest of the flats to be marketed with Southern Housing Group’s home flex intermediate product.

4. The provision of Public Open Space and play areas on site of 1.56ha (comprised of that required under the terms of existing S106 agreements and that required by virtue of this development) with provision for adoption by the Council with a commuted sum for future maintenance. Financial contribution subject to any agreed adjustment £41,868. Timing of the transfer of the open space land and payment to be agreed.

5 Children’s Play Provision Timing of the payment of the contribution of £161,309 to be agreed.

6. Provision for calculations to be carried out for carbon off setting in respect of the units to be built and a financial contribution paid, if appropriate, towards the Ashford Carbon Fund

7. A financial contribution of £7,700 towards Public Art to be spent within the . Timing of provision to be agreed

8. A financial contribution towards the Voluntary Sector £5300 to be spent within the Borough of Ashford. Timing of provision to be agreed

9. To pay the Borough Council an annual monitoring fee of £1,000 commencing on the date when development is first commenced on the site and continuing annually until the site has been completed and the last property disposed of.

3.28 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

10. Provision relating to the submission of details to the Local Planning Authority and for their approval by the Local Planning Authority relating to the proposed ownership and future management of all areas of the application site, including financial security if thought necessary that are not to be adopted by Kent Highways, do not comprise a dwelling and related residential curtilage or are not to be managed by the approved Registered Social Landlord, or to be adopted by Ashford Borough Council.

11. to be responsible and pay the reasonable costs and disbursements incurred both by the legal and planning departments of the Borough Council in connection with the preparation, drafting and completion of the section 106 agreement whether or not the agreement is completed or not.

12. All Financial contributions to be index linked from the date of the Planning Committee Meeting.

(B) Planning Permission be granted, subject to the following conditions:

Permit

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

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 and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing 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. No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials, including kerbing and highway surfacing materials,; minor artefacts and structures (eg street furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (eg drainage power, communication cables; pipelines etc indicating lines, manholes, supports

Reason: In order to protect and enhance the amenity of the area. 3.29 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

4. The details of soft landscape works required in connection with condition 3 above shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and an implementation programme.

Reason: To ensure that adequate details of the proposals are submitted in the interests of the protection and enhancement of the area.

5. No development shall take place until a schedule of landscape maintenance for a minimum period of 5 years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved details.

Reason: To ensure the new landscaped areas are properly maintained in the interest of the amenity of the area.

6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the last dwelling or the completion of the development, whichever is the sooner and any trees or plants whether new or retained which within a period of 5 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 similar size and species, unless the Local Planning Authority gives written consent to any variation.

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

7. Prior to development commencing, a scheme for fencing of protected trees (including root protection) shall be submitted to and approved by the Local Planning Authority. The approved fencing shall be in place before any equipment, machinery or materials are brought onto the site for the purpose of any of the development, and the approved fencing shall be maintained until all construction equipment, machinery and surplus material have been removed from the site. Nothing shall be stored or placed in any area required to be fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the Local Planning Authority.

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

8. No dwelling shall be occupied until space for vehicle parking has been laid out in accordance with the submitted detail for cars to be parked. The areas 3.30 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

shown on the plan as vehicle parking spaces and garages shall also be surfaced and drained to the satisfaction of the Local Planning Authority before the dwellings are occupied and shall be retained for the use of the occupiers of, and visitors to, the dwellings, and no 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 these reserved parking spaces.

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

9. Prior to the works commencing on site details of parking for site personnel/operatives/visitors shall be submitted to and approved by the Local Planning Authority and thereafter shall be provided and retained throughout the construction of the development. The approved parking shall be provided prior to the commencement of the development.

Reason: To ensure provision of adequate off-street parking for vehicles in the interests of highway safety and to protect the amenity of local residents.

10. As an initial operation on site, adequate precautions shall be taken to guard against the deposit of mud and similar substances on the public highway in accordance with proposals to be submitted to and approved in writing by the Local Planning Authority. Such proposals shall include washing facilities by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and other substances.

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.

11 Before the first occupation of a dwelling the following works between that dwelling and the adopted highway shall be completed as follows: a) Footways and/or footpaths shall be completed, with the exception of the wearing course; b) Carriageways completed, with the exception of the wearing course together with related: 1. Highway drainage, including off-site works; 2. Junction visibility splays; and 3. Street lighting, street nameplates and highway structure. The wearing course shall be applied within one year of the occupation of the dwelling.

3.31 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Reason: In the interests of highway safety and the convenience of occupiers.

12. 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 that has been submitted to and approved in writing by the Local Planning Authority.

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

13. Prior to the commencement of any works which may affect reptiles or their habitat, a detailed mitigation strategy, which shall include an assessment of the potential for protected species in the wider area to visit the site shall be submitted to and approved in writing by the Local Planning Authority. All works shall then proceed in accordance with the approved strategy and any amendments shall be approved in writing.

Reason: In the interests of the ecological value of the site.

14. Site clearance works shall be conducted outside the breeding bird season, and replacement nesting opportunities shall be provided in connection with the landscaping scheme referred to in condition 3.

Reason: In order to protect the nests of breeding birds.

15. Each dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 4. Prior to commencement of development the following details shall be submitted to and approved in writing by the Local Planning Authority at the same time: a) details of a ‘Design Stage’ assessment and related certification, and b) details of how the development will reduce carbon dioxide emissions to a level 20% below the level of emissions that would result from the predicted total energy demand, through the use of on-site sustainable energy technologies such as renewable and/or low carbon technologies. Following completion of the final dwelling, a Code for Sustainable Homes ‘Post Construction Stage’ assessment and related certification confirming the Code Level that has been achieved, and stating the amount of residual carbon emissions, and how they are proposed to be dealt with to ensure that the development is carbon neutral (including any necessary mechanisms to be put in place and associated timetables) shall be submitted to and approved by the Local Planning Authority in writing.

3.32 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

The approved measures and technologies to achieve the minimum Code for Sustainable Homes Level 4 standard and to ensure that the development is carbon neutral shall be implemented in accordance with the approval and shall thereafter be retained in working order in perpetuity.

Reason: In order to ensure that energy efficiency through sustainable design and construction is achieved in accordance with adopted development plan policy CS10 of the Ashford Borough Council Local Development Framework Core Strategy 2008 and government advice set out in PPS1: Planning and Climate Change – Supplement to Planning Policy Statement 1, PPS9 (and related ‘A Guide to Good Practice) and PPS22.

16. Prior to the commencement of any works, a Code of Construction Practice shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Code of Construction Practice unless previously agreed in writing by the Local Planning Authority. The code shall include: (a) An indicative programme for the carrying out of the works; (b) Measures to minimise the production of dust on the site and to mitigate any that is generated; (c) Measures to minimise the noise generated by the construction process to include the selection of plant and machinery, including use of noise barriers; (d) Maximum noise levels expected from 1m from the affected façade of any residential unit adjacent to the site; (e) Design and provision of site hoardings; (f) Management of traffic visiting the site including the provision of a holding area for construction/delivery vehicles visiting the site, loading/unloading and turning areas; (g) Monitoring of groundwater and gas monitoring; (h) Measures to manage waste produced on site (whether through demolition/site clearance or the use of new building materials) and to maximise the recycling and reuse of such materials; (i) Measures to minimise the impact of vibration from the construction processes; (j) Measures to minimise the potential for the pollution of ground and surface water; (k) The location and design of site offices/compounds; (l) The location of vehicle access points to the site during construction;

3.33 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(m) The arrangements for consultation and liaison during the construction the residents adjoining the site; (n) Lorry routing to the site.

Reason: In the interests of the amenity of the surrounding residents.

17. Underground ducts shall be installed before any of the buildings hereby permitted are occupied, to enable telephone services, electricity services, broadband cabling and communal television services to be connected to any premises within the application site without recourse to the erection of distribution poles and overhead lines and notwithstanding the provisions of Article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 or any other Order or any subsequent Order revoking or re-enacting that Order, no distribution pole or overhead line within the application site shall be erected without the express consent of the Local Planning Authority.

Reason: In the interests of visual amenity.

18. Prior to the commencement of development details of the slab levels of each building in relation to the proposed finished surface levels shall be submitted to and approved by the Local Planning Authority and the development shall be implemented in accordance with the approved details

Reason: No details have been submitted and to ensure a satisfactory Development

19. Details of any walls and fences to be erected within the application site shall be submitted to and approved by the Local planning Authority before they are erected

Reason: No details have been submitted and to ensure a satisfactory Development

20 The development hereby permitted shall not be commenced until a detailed computational network analysis of the surface drainage infrastructure and based on DWG No. 690334/001 rev. E, has been submitted to, and approved in writing by the Local Planning Authority.

Reason: To minimise the risk of flooding both on site and elsewhere, as a result of the development.

21. The development hereby permitted shall not be commenced until a detailed design of the swale along the northern boundary and in accordance with the

3.34 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

location set out with DWG No. 690334/001 rev. E, dated 12th March 2010 has been submitted to, and approved in writing by the Local Planning Authority.

Reason: To reduce flood risk to adjacent development.

22. Prior to commencement of works, an acceptable programme of maintenance for the surface water infrastructure, to be undertaken by an appropriate party, shall be submitted to and approved in writing by the Local Planning Authority. The programme of maintenance shall thereafter be implemented as approved unless otherwise agreed in writing by the Local Planning Authority

Reason: To ensure the continued effective operation of the surface drainage infrastructure and to reduce flood risk.

23. No dwelling shall be occupied until the surface water drainage system as submitted to and approved by the Local Planning Authority has been implemented in full , unless otherwise approved in writing by the Local Planning Authority.

Reason: In the interests of preventing local surface water flooding

24. Details measures to provide a safe crossing for the users of the existing PROW over the entry road at from Badger’s Den shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development. The works as approved shall be installed in accordance with a programme approved by the Local Planning Authority prior to the occupation of the first dwelling or as may be agreed in writing by the local Planning Authority.

Reason: In order to provide for safe and commodious use of the Public Footpath

25. Provision for the parking of cycles shall be provided for each dwelling and shall be available for use prior to the occupation of the dwelling concerned and thereafter shall be retained available for use for cycle parking unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of for providing for modes of transport other than the car.

Notes to Applicant

1. The proposed development should not encroach upon the Public Right of Way and it should not be diverted or obstructed at any time including during the carrying out of any construction works, including by the erection of permanent of temporary gates or other structures without the Consent of Kent 3.35 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

County Council Countryside Access Service. Permission is also required to disturb and make alterations to the condition of the surface of the Public Footpath.

2. This permission does not convey any approval for the required vehicular crossing or any other works within the highway for which a licence must be obtained. Applicants should telephone 08458 247800 in order to obtain the necessary Application Pack.

3. For information, the watercourse along the western boundary of the site is a private watercourse and under the terms of the Land Drainage Act 1991, the prior written consent of the Agency is required for any works within the channel. This would include any channel widening, bridge or culvert works and installation of the hydrobrake.

4. As part of the application for Land Drainage Consent, it is recommended that the culvert diameter beneath Badgers Den and beneath the new access road from the Knoll Lane entrance should be a minimum of 600mm to assist with maintenance and reduce the risk of blockage. The culvert invert should also be a minimum of 150mm below the channel bed level.

Background Papers

Letter K and M Standish 21/12/09 Letter C Johnston 22/12/09 Letter W Rush 29/12/09 Letter I Dolman 4/1/10 Letter M r& Mrs Somerville 5/1/10 Letter R Botfield 7/1/10 Letter W Richards Letter Mr and Mrs Ginn13/1/10 Letter B Clift 4/1/10 Letter S Kelly 26/1/10 Letter D Somerville17/3/10 C Trevor email 18/12/09 Comments KCC Countryside Access Service 4 December 2009 Comments of Great Chart and Singleton Parish Council Comment Kingsnorth Parish Council 23 December 2009 Comments Kent Highways Services 10 February 2010 Comments Mouchel 26 February 2010 Housing Enabling Officer 3 February 2010 Comments Natural England 23 December 2010 Comments Eastern and Coastal Kent PCT 18 March 2010 Comments KCC Environment and Waste (Archaeology) 6 January 2010 Comments Southern Water 3/3/10 Comments Environment Agency 4/1/10 3.36 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Comments Project Office Drainage 12/01/10

Contact Officer: Trevor Thomas – Telephone: (01233) 330259

3.37 Ashford Borough Council Planning Committee 26 May 2010 Page 1 of Annex 1 to Report 08/0 1503/AS ______

Annex 1 Site Plan and areas of Proposed Public Open Space

3.38 Ashford Borough Council Planning Committee 26 May 2010 Page 1 of Annex 2 to Report 08/0 1503/AS ______

Comments of Great Chart with Singleton Parish Council

Great Chart with Singleton Parish Council

Application 08/01503/AS (Revised Nov 2009) for Land west of Knoll Lane

At its meeting on Monday 11 January, the Parish Council considered this application and acknowledges the many steps taken to meet concerns previously expressed. It would like to offer its support to the proposal in principle but at this point in time there remain some significant concerns it would like to be addressed.

At this point in time, the Parish Council OBJECTS to this application with the following reasons:

1. The Parish Council is concerned that the existing properties in Hedgerows are not adequately protected from surface water drainage in the proposed drainage strategy

The Parish Council notes the Environment Agency objection to the drainage proposals and adds the following comments:

Ref Core Strategy Policy CS20 on the disposal of surface water: While the use of SUDS beneath the pylon line may well facilitate the positive drainage of surface water for the majority of the site, due to the topography of the land, this may not work for the entire site.

PPS 25 Annex F refers to the effect of development and the increase of risk of flooding to others being a material planning consideration. The Parish Council is concerned for the properties in Hedgerows, which lie below the level of the proposed development area and where it has previously been noted that the soil has very poor permeability. Residents already experience surface water problems in wet weather and the impact of the proposed development and associated impermeable surfaces would potentially have an increased adverse impact on these properties.

Further investigation of appropriate drainage for the development and its impact on existing houses is requested before planning permission is granted as surface water problems are extremely difficult to rectify afterwards.

2. Access to the development

The proposal identifies Badgers Den as the primary access route to the development. Despite the concerns of local residents, traffic surveys suggest the road is suitable to accommodate the additional traffic movements making access and egress from the additional homes. 3.39 Ashford Borough Council Planning Committee 26 May 2010 Page 2 of Annex 2 to Report 08/0 1503/AS ______

The PC maintains there are issues with sight lines due to the bends on the road and the true impact of these will not become truly apparent until the whole road system is opened up to through traffic as at present access to Badgers Den is effectively one way.

The Parish Council is concerned that where this traffic then exits the development as a whole is unsuitable in terms of safety. Whether turning to the left or right on exit from Badgers Den, vehicles must pass a local primary school. The shortest route is past the John Wesley School where the existing parking arrangements and chicanes in the road already cause significant congestion at school drop-off and pick-up times. The School is due to move to a 2-form entry in September of this year and over the next 3 years the role will increase from 200+ to 400+ children. Those children that walk or cycle to school must cross Wesley School Road in the midst of this congestion.

In addition, the footpath crossing at the boundary in Badgers Den (see comment on PRoW AW231) constitutes an additional safety hazard for those who walk/cycle to school. The hedge line (which is to be retained) causes a sight restriction due to the bend in the road resulting in a busy crossing point with poor visibility. Core Strategy Policy CS15 expresses concern that new developments have good links with existing transport networks and avoid long trips on inappropriate roads.

The Parish Council requests that further investigation be carried out on the primary access being on to Knoll Lane, possibly via a roundabout, enabling traffic to exit the development more directly. This would potentially have a traffic calming effect on existing traffic, which is identified as often travelling too fast on this 30mph road, and therefore also increase safety on this existing road. This would also alleviate the problems outside the school and reduce the safety risk to children both at the school entrance and at the footpath crossing at Badgers Den by reducing vehicle movement of through traffic at peak times. The switching of primary access to Knoll Lane and emergency access to Badgers Den would have no material impact on the proposed plans as it would simply change the flow around the development. The Parish Council is reliably informed that KCC Highways have concerns about speeding behaviour in Knoll Lane. All traffic from the existing homes, proposed development and beyond will currently exit onto Cuckoo Lane resulting in some kind of flow initiative at the junction with Knoll Lane being necessary in the future. Further investigation now has the potential to alleviate existing and potential problems and the PC considers there is a responsibility to establish the best possible solution to linking with existing roads at the outset.

3. Public Right of Way AW231

The Parish Council notes the comments of the KCC PRoW officer. This is a well used footpath providing access to the John Wesley School, a pedestrian link between the 2 primary schools and to Singleton village centre. The point at which it 3.40 Ashford Borough Council Planning Committee 26 May 2010 Page 3 of Annex 2 to Report 08/0 1503/AS ______crosses Badgers Den is a cause for concern. As the main pedestrian route to school, the safety of children at the crossing point is of paramount importance and, if Badgers Den is to remain the primary access point to and from the development, the Parish Council requests that suitable safety measures are put in place at this point to ensure their safety.

The Parish Council supports walk to school initiatives and the reduction of vehicle use but has a responsibility to ensure that pedestrian routes provide a safe alternative.

4. Refuse and communal disposal points

In other areas of the borough these have become unsightly due to refuse being strewn around the area. There is an abundance of wildlife on this site, which will potentially break into rubbish left for collection. It is unlikely that residents will only put refuse out the night before collection day resulting in mess, health and hygiene problems including rats and the incumbent fire risks – either accidental or deliberate.

The Parish Council requests that an alternative solution to refuse collection be sought to avoid communal disposal points.

5. Ecology and biodiversity

The 2008 application raised a number of comments from the PC and others concerning the wildlife on this area of land. Slow worms and lizards were evidenced previously and the additional year of untended grassland is likely to have enhanced the wildlife habitat. Residents have claimed sight of badgers in adjacent gardens.(protected under the Protection of Badgers Act 1992) and it has been reported that Crested Newts may have been seen in a pond to the South of the John Wesley School and potentially in the soak away between the school and Cuckoo Lane.

With reference to Core Strategy Policy CS11, the Parish Council would ask if the concerns and recommendations made in 2008 have been addressed and if further ecological surveys should be made to take account of more recent sightings.

Linda Bussey Clerk to Great Chart with Singleton PC 14 January 2010

3.41 Ashford Borough Council Planning Committee 26 May 2010 Page 1 of Annex 3 to Report 08/0 1503/AS ______

Letter from Hillreed Homes

11th May 2010 AJH/BBP/HDL

Ms Lois Jarrett Strategic Sites & Design Manager Planning & Development Unit Ashford Borough Council Civic Centre Tannery Lane Ashford Kent TN23 1PL

Dear Ms Jarrett

Knoll Lane, Ashford.

During the last 2 years, since the application was lodged we have extensively negotiated on all aspects of this proposal. As a result the scheme before members is radically different to the original submission. This process has also included engagement with officers and the parish council and the result is, we believe, a high quality layout that will deliver many benefits.

However, it has been brought to our attention that there is still an aspiration by some local residents to explore the potential of an access from Knoll Lane. In response I would highlight the following points;

1. In considering the access options for this site at the start of the design process Hillreed’s highway consultants advised that an access from Knoll Lane should be discounted in favour of access from either Badgers Den or Sabre Crescent, this assumption has informed the whole design process.

2. Kent Highways Services whilst not ruling out that a point of access could potentially be achieved from Knoll Lane contend that the Badgers Den access would be safer because of the lower vehicle speeds and volumes at this point.

3.42 Ashford Borough Council Planning Committee 26 May 2010 Page 2 of Annex 3 to Report 08/0 1503/AS ______

3. Finally it is relevant that Hillreed’s past attempt to secure a construction access only on to Knoll Lane (generating a limited volume of traffic over a temporary period) were denied by Ashford Borough Council.

For these reasons Hillreed would request that the current application (with the main access from Badgers Den) which has the support of Kent Highways Services is determined by members as the company is not willing to explore the feasibility of alternative access options at this late stage. I would be grateful if you could bring this point to the attention of members as the alternative option of deferring the application to enable further exploratory discussion would not be acceptable to Hillreed.

Yours sincerely

Alister Hume STRATEGIC LAND MANAGER

3.43 Ashford Borough Council Planning Committee 26 May 2010 Page 2 of Annex 4 to Report 08/0 1503/AS ______

16, Badgers Den, TN23 5LE W.Richards. Tel: 01233 660910 l Re: Planning application 08/01503/AS

F.A.O. Councillors.

Several meetings have taken place regarding this development with many objections by Highland Park residents being raised with regard to traffic flow through Highland Park estate providing access to this additional development.

The objections have so far resulted in some success in reducing car numbers by Hillreed Homes revising their plans to 60 + dwellings from the original proposed 90+ dwellings.

Regardless of this reduction in car numbers the problems still remain in that Running Foxes Lane, the main route through Highland Park, is inadequate for any number of vehicles. Residents parking, visitors parking, plus tradesmen parking creates a one- way street even though the width of the road may be within Government guide lines, added to this congestion are two schools, one at each end of Running Foxes Lane, most residents try to avoid the schools at opening and closing times.

A side road at the top of Running Foxes Lane is the proposed main access to this new development, this is Badgers Den, which again is inadequate in width, in its fairly short length also has two side roads, a car park access and restricted access into Running Foxes Lane.

The difficulty of access was highlighted dramatically during July of 2009 when a lightning strike on No 11 Badgers Den late at night resulted in the fire brigade being called out, unfortunately they were unable to get through Running Foxes Lane, a second frantic call was made to the Fire Brigade by a neighbour who was told the fire engine was on its way, the neighbour said they could hear them but couldn’t see them, apparently they had to back track and make their way up to the top of the estate via Greyhound Chase. There have been no major objections to development on this field, the biggest issue has been the resistance to any form of access from Knoll Lane by the Highways dept. A roundabout at the junction of Knoll Lane and Cuckoo Lane would solve the speeding problem in Knoll Lane which the police have highlighted as a problem. It would also ease congestion in Cuckoo Lane especially at school times and remove the need for access via Badgers Den. Emergency vehicle access (gated) has been shown on the revised plans which would indicate it is possible to directly connect with Knoll Lane.

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The recent extremely severe weather has added to the difficulties of access via Badgers Den in that without the provision of gritting, which is only provided on main roads and bus routes, the road has been completely iced over and therefore almost impossible to access, no refuse collection for 3 weeks, delivery vehicles getting stuck, spasmodic post, only the residents helping each other has made it possible for people to get to work. There are no pavements in front of properties 3,4 and 11 in Badgers Den, pedestrians therefore have to walk in the road creating another hazard.

The news coverage of weather conditions on a daily basis has made it perfectly clear that lessons must be learnt to prevent everything coming to a complete standstill, therefore, as Knoll Lane is kept clear, being a main road and bus route, would it not be prudent to have the main access to this development on Knoll Lane and make the gated emergency vehicle access on the new development at Badgers Den to provide emergency services to Badgers Den and surrounding properties.

It is also understood that government guidelines advise that new developments should have a quick, direct access to the nearest main road, in this instance Knoll Lane!.

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Application Number 09/00713/AS

Location Terrys Wood Farm, Spelders Hill, Brook, Ashford, Kent, TN25 5PB

Grid Reference 05959/43561

Parish Council Brook

Ward Saxon Shore

Application The erection of an agricultural dwelling Description

Applicant Mr W Kemp, Terrys Wood Farm, Spelders Hill Brook, Ashford, TN25 5PB

Agent Mr P Hodges, 77 Commercial Road Paddock Wood Tonbridge, TN12 6DS

Site Area 0.1 Hectares

(a) 10/9 S 3R (b) X (c) RPL X KHS X AR X CPRE X PROW R

Amended details (a) 20/2 R (b) X (c) KHS X RPL X AR X PROW R

Introduction

1. This application was considered by Members on 4 November 2009 and a copy of that report is attached as Annex 1. Members resolved that:

(a) They were minded to accept the principle of a new agricultural dwelling at the site.

(b) There was a need to ensure that the dwelling is of a size commensurate with the holding and the enterprise currently being carried out at the site and in line with this Council’s practice, the current application should be converted to a full application with the full details of the size and design of the dwelling, its siting and appropriate landscaping for consideration of these aspects of the development.

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(c) The amended full application should include a larger site area to seek an acceptable location for the dwelling in close proximity to the farm buildings and away from the road frontage and footpath.

2. Site location plans are attached as annex 2

Proposal

3. The application has now been amended from an outline to a full application for a chalet bungalow with a gross internal floor area of 165 square metres and an eaves height of 2 .5 m and a ridge height of 7.3 m above ground level. It is a three bedroom property with 2 bedrooms in the roof space. The site area has been enlarged so that the property is located adjacent to the farm buildings and away from the access and the road frontage. The access to the dwelling is still through the existing farm access.

Consultations

(Please see the original report for the original comments received)

Amended Details

Ward Members: Cllr Honey, one of the Ward Members, comments as follows:

“Given the resolution from November 2009 I cannot oppose the principle of a new dwelling here, although I do not agree with that judgement. I note that the size of the 4.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______dwelling is considered to be at the upper end of the range of what is reasonable, and this is a concern to me.

"All the proposed conditions must be imposed at the least to protect neighbouring amenity and the natural beauty of the AONB."

Portfolio Holder – Development Management: has not commented as Portfolio Holder due to his involvement as Ward Member.

Brook Parish Council: State two Parish Councillors support this application. Two Parish Councillors have no comment to make on this application. Two Parish Councillors declared an interest in this application due to the location of their properties.

Neighbours: 20/2R-On the grounds that this is an Area of Outstanding Natural Beauty, if planning permission is granted this would set a precedent and the site is an eyesore.

Rural Planning: Confirms that the functional and financial requirements of Annex A of PPS7 have been met with the submission of the full details.

Kent Highways: Have no objection subject to conditions.

Ashford Ramblers: No objection

KCC Countryside Access: Raise concern on the proposed development on the public footpath which runs very close to the proposed dwelling. This situation can produce conflict between path users and occupants of the dwelling.

Planning Policy

4. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Area Action Plan 2010.

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

South East Plan 2009

C3 – AONB

CC1 – Sustainable development

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Ashford Borough Local Plan 2000

HG7 – New development outside village confines

EN26 – Special Landscape Areas

Local Development Framework Core Strategy 2008

CS1 – Overriding principles

CS9 - Design Quality

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

Tenterden and Rural Sites DPD 2010

TRS2 – New residential development elsewhere

TRS17 – Landscape Character and Design

Government Guidance

PPS1 - Delivering Sustainable development

PPS7 – Sustainable development in rural areas, in particular Annex A which outlines the criteria for granting permission for agricultural dwellings in the countryside.

7. Members should note that if regard is had to the Development Plan when determining this application then that determination must be made in accordance with the Plan unless material considerations indicate otherwise.

8. The Tenterden & Rural Sites DPD is one such material consideration and as it has now been submitted to the Secretary of State for examination more weight may be given to it when making a decision. This report will advise where necessary on the weight it be given and whether the policies in the DPD are sufficient to outweigh the Development Plan in this case.

Assessment

9. The main issues for consideration are: • the size and design of the dwelling • the location and impact on the countryside

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• impact on residential amenity

The Size and Design of the Dwelling

10. The principle of the dwelling has already been accepted by Members, and the information that has been provided with the current scheme has included the finalised accounts for the year ending September 2009 which have shown an increased profit at the farm since the last financial year. There appears to be every indication that the cost of the proposed dwelling would not be overly expensive in relation to the profits that the farm can now sustain.

11. As to the size of the dwelling, the previous Inspector had concluded that a dwelling with a gross external floor area of about 190 sq m and 157sq m net internal floor area was not unusually large. The design and size of the dwelling is identical to that dismissed at appeal. The Inspector did not find against the proposal on the basis of this issue.

12. Rural Planning have stated that going by other recent precedents providing that the design is acceptable, it would be difficult to argue that there would be unacceptable planning harm even though the size would be tending towards the upper end of the range of sizes that have been typically permitted. Consequently the proposal has now been demonstrated to meet the relevant financial and functional tests in Annex A of PPS7.

13. The design of the property is a chalet bungalow. With two dormer windows in the roof. It is of brick construction under a tiled roof.

The Location and Impact on the Countryside

14. The site is constrained by existing farm buildings; a public footpath and a high pressure gas main which needs 3 m wide exclusion zone each side of it. This has caused difficulty in choosing a location for the proposed dwelling. The dwelling is now to be sited approximately 10 m from the road where there is a substantial hedge, which will need to be retained, and 6 m from one of the barn. This will provide good vision to the farmyard and also activities in the barns.

15. The public footpath is in close proximity to the proposed new dwelling, and the Footpaths Officer has raised concern. This matter was considered at the last appeal where the porch was sited within 1 metre of the footpath. The Inspector at that time stated subject to the imposition of a condition for a fence or wall to be erected along the footpath to prevent encroachment, he did not consider that the dwelling would materially harm the impact on the enjoyment of the footpath by users or the living conditions of the occupiers of the dwelling. A corner of the dwelling is within 0.2m of the path however there are no openings from doors or windows that will encroach onto the footpath. 4.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

16. The most visible locations for the dwelling will be from the public footpath, across the fields from near the junction of Spelders Hill and Naccolt Road, the access into the farm and from the neighbouring property. The dwelling will be seen in conjunction with the agricultural buildings, the closest building being approximately the same height as the dwelling and therefore it will not be seen in isolation in the countryside.

17. Whilst the style of the dwelling is a chalet bungalow, and this is a sensitive location in the AONB, there are other bungalows on the opposite side of Spelders Hill so that it would not be out of place in this location. In addition there is a fine judgement, as with every application for agricultural dwellings, when the cost of a dwelling has to be commensurate with the profits obtained from the holding against the impact of a dwelling on the landscape.

Impact on Residential Amenity

18. The location of the dwelling means that at its closest, it will be some 35 metres away from the property on the opposite side of the road. The dormer windows face the agricultural building, and there are only roof lights facing the road. This means that there will be no overlooking of the closest property.

19. The issues that were outlined with the outline report have now been resolved, and I consider that the proposal is acceptable.

Human Rights Issues

20. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

Summary

21. The main issues in this case are:

(a) The principle of an agricultural dwelling for the holding (Policies HG7, TRS2 and PPS7) The advice received by 2 consultants is that a dwelling is now required for the proper functioning of the holding. In addition there is a sufficient level of financial soundness coming from the holding. The enterprise has been operating in excess of 3 years and has been profitable for at least two of these.

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(b) Impact on the countryside and neighbouring properties (Policies C3, EN26, CS1, TRS17, PPS7). The location of the dwelling has been amended so that it is now in closer proximity to the farm buildings reducing the potential impact.

(c) The size of the proposed dwelling was considered by the previous inspector and was not found unacceptable by him.

Recommendation

That for the following reasons the Planning Committee permit this application:

1. The site is located in a rural area where new agricultural dwellings need to be demonstrably justified in relation to the functional and financial tests referred to in PPS7 and the Development Plan. The evidence submitted with the application demonstrates such a case and therefore the proposal is acceptable in principle as one of the exceptions to restraint for housing in the rural area set out in the Development Plan and Government policy. .

2. Any potentially significant impacts on the countryside and neighbours can be satisfactorily mitigated by careful siting of the proposed dwelling and conditions.

3. The development makes adequate provision for the parking of vehicles within the application site.

Permit

Subject to the following conditions:

1. The development hereby permitted shall be begun within 1 year from the date of this decision.

Reason: Permission is only granted on the needs of the agricultural holding at present.

2. Written details and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing 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. 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 by the Local Planning Authority before the development is 4.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

commenced. Thereafter, the approved landscaping/tree planting scheme shall 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.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any other Order or any subsequent Order revoking or re-enacting that Order, no further development whether or not permitted by Article 3 and Schedule 2 Part 1 Classes A, B, C and E of that order shall be carried out without the prior permission of the Local Planning Authority in writing.

Reason: The site lies in open countryside and planning permission is only granted due to the agricultural needs of the holding. The level of accommodation is considered to be acceptable to meet the needs of the holding.

5. The occupation of the dwelling shall be limited to a person solely or mainly working or last working in the locality in agriculture (as defined in Section 336 of the Town and Country Planning Act 1990) or forestry or a widow or widower of such a person and to any resident dependents.

Reason: The site is outside any area in which residential development would normally be permitted unless essential to the local needs or agriculture or forestry.

6. The area shown for the parking of vehicles on drawing no 04/102-3A shall provided prior to the occupation of the dwelling and thereafter be retained available as ancillary parking to the dwelling approved and access to this shall not be precluded.

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

7. No outdoor lighting shall be installed without the prior consent of the Local Planning Authority.

Reason: To protect the natural beauty of the AONB and preservation of the amenity of the neighbouring property

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8. Prior to the commencement of works details shall be submitted to and approved by the Local Planning Authority of the surfacing and drainage for the parking area indicated on drawing no.04/102-3A and the works shall be carried out in accordance with the approved details.

Reason: In order to avoid mud getting on to the highway.

9. Construction work for the development should not take place before 0800 hours and after 1800 hours Monday to Friday and not before 0800 hours or after 1300 hours on Saturday nor at any time on Sunday, Bank Holidays or other public holidays

Reason: In the interests of the amenity of adjoining residents.

10. Prior to the commencement of works details of a boundary wall/ fence segregating the footpath from the curtilage of the dwelling shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented prior to the occupation of the dwelling.

Reason: In order to avoid conflict between the occupiers of the dwelling and the users of the public footpath.

11. The existing hedge identified on drawing no 04/102-3A shall be retained at a minimum height of 2.5m above ground level. Any part of the hedgerow removed without the Local Planning Authority’s prior consent or which dies or becomes, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged following the completion of the approved development shall be replaced as soon as practicable and in the any case, by no later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed with the Authority.

Reason: To ensure the continuity of amenity afforded by the existing hedgerow.

Note to Applicant

1. A public footpath runs across the application site and the applicant is advised to contact the Countryside Access Service at The Granary Penstock Farm Canterbury Road East :- 01303 814534. There should be no obstruction to the public footpath. The granting of planning permission does not confer rights on the developer to divert the footpath.

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Background Papers

Email from Ashford Ramblers – 08/07/09 Email from Kent Highways – 06/07/09, 31/3/ 2010 Letter from Mr Alcock – 10/07/09 Letter from Mr and Mrs Scarfe – 07/07/09 Letter from Mrs B Kitchin – 04/07/09 Letter from Mr Benson – 25/06/09 Letter from Eastpoint Veterinary Services – 01/07/09 Letter from Countryside Access Services – 23/07/09, 21/4/10 Letter from Milbourn Equine – 15/07/09 Letter from Mr and Mrs Thompson – 20/07/09 Comments from Brook Parish Council – 17/07/09, 27/04/10 Letter from Mr R Marsh – 18/07/09 Letter from Mr and Mrs Jones – 19/07/09 Letter from Mr N Fawcett – 13/07/09 Comments from CPRE – 05/08/09 Letter from Mr Campbell – 09/08/09, 28/4/10 Letter from Mr and Mrs Collins – 10/08/09 Letter from Ms C Fairbanks – 10/07/09 Letter from Mrs R M Dienst – 10/08/09, 12/04/2010 Comment from Rural Planning13/3/10

Contact Officer: Carol Ridings – Telephone: (01233) 330247

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Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Application Number 09/00863/AS

Location Daniels Farm, The Pinnock, Pluckley, Ashford, TN27 0SY.

Grid Reference 90901/44427

Parish Council Pluckley

Ward Weald North

Application Conversion and change of use of 2 redundant poultry Description sheds for stabling and ancillary storage, use of agricultural building 5 for storage of horse boxes and trailers and construction of manege to provide an equestrian livery business with associated parking. Use of farm bungalow in association with equestrian livery use.

Applicant Mr Robert Tibbs, c/o Hobbs Parker

Agent Mr David Jarman, Hobbs Parker, Romney House, Monument Way, Orbital park, Ashford, Kent. TN24 0HB.

Site Area 10.6 Hectares

(a) (b) (c) KHS X

Introduction

1. This application was deferred from the Planning Committee of 21 March 2010 to allow the views of the Highway Authority to be sought and a further report to be presented to the Planning Committee following receipt of their comments.

2. A copy of my original report is attached to this report as Annexe 1.

3. Additional information has been provided as follows:

• Revised transport statement, which incorporates clarifications to the transport figures with particular regard to the former egg farm use. Originally the vehicle numbers shown were visits rather than trips and movement and accordingly the figures have been revised and are now double those shown in the previous version.

5.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

• In response to the representation raised by Smarden Parish Council about the availability of land to accommodate the horses, the applicants agent has provided the following information on the number of stables and grazing areas for each of four livery yards in the following locations:

Livery yard Stables Acreage of Ratio number grazing land

Parklands Equestrian, 20 16 acres 1:0.8

Minners Farm Liveries 8 12 acres 1:1.5 Bethersden

Blue Barn Equestrian 46 17 acres 1:0.4 Centre, Great Chart

Great Chart Livery Not known 20 acres -

Application site 24 26 acres 1.09

4. The figures suggest that the proposal represents a ratio of horses to land very much in the middle range of facilities in the area. The ratio is in accordance with the general guidance of 1 acre per horse.

Consultations

Ward Members: No further comments received.

Portfolio Holder – Development Management: comments as follows:

"I am concerned about the erosion of the quality of our countryside by the move away from traditional rural uses towards "horticulture" which is more intensive and visually intrusive. I am also concerned about the planning history and the creeping intensity of development over recent years at the application site until the current position has been reached. Ideally the buildings would be removed in accordance with the earlier s106 agreement obligations.

However, there is now an agricultural dwelling on the land which is not subject to the same obligation to remove it, and so it seems to me that some beneficial use of the land would have to be found. Although I am uncomfortable with the situation, it seems to me that, given where we are, this is not an unreasonable proposal. I accept the assessment by officers that the development would not unacceptably harm the character of the countryside in this location and that there is not a substantial highway safety issue. 5.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

I am content with the officers' assessment and recommendation, subject to the proposed S106 obligation and recommended conditions. However, in addition, I consider that there should be a Grampian condition preventing the use of the development until a scheme for warning signage has been agreed and implemented to the satisfaction of the local planning authority. I doubt that an informative would be good enough."

(Development Control Manager comment: A site same as condition relating to warning signage is suggested in the recommendation)

Kent Highway Services – raise no objection. They comment that the proposed use will generate significantly less traffic than the extant use of the site. The proposed use will generate 235 vehicular movements a week compared to the extant use that could generate 482 vehicular movements. Furthermore there will be a significant reduction in the number of HGV movements being reduced from 66 movements to 13. They also advise that the applicant installs 2 accompanied horse warning signs on the Pinnock to warn drivers of the potential for horses trotting along the Pinnock.

No further representations received.

Assessment

5. The issues arising from the deferral by the planning committee are discussed below. All of the other issues raised by the application are discussed in the previous report which is annexed.

6. The amended traffic report concludes that the traffic generation is greatly reduced compared with the previous approved use of a 4 poultry house egg production farm. This conclusion has been based on amended results in relation to the former use of the site.

7. Kent Highway Services have considered the risk of horses and riders using the highway to gain access from the site to the nearby bridleway. They have concluded that with appropriate signage the risk to both horses, riders and vehicular traffic is small. The proposal to require the provision of signage to warn drivers will assist in minimising this risk.

8. In addition, the amount of grazing land to numbers of horses is greater than that of comparable uses within the locality. The development would therefore not represent an overgrazing of the land, a concern raised by the Parish Council.

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Human Rights Issues

9. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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

Summary

10. The main issues in this case are:-

(a) Principle – the buildings are capable of being used without substantial rebuilding and the use demands a rural location (Policies CS1, RE3, RE5, TRS10, and TRS11).

(b) Impact upon landscape – the use is acceptable and would not represent harm to the character of the designated landscape. (Policies C4, EN27, TRS17).

(c) Residential amenity – There would be no harm (Policy CS1).

(d) Highway safety – Kent Highways are satisfied with the proposal, traffic generation would be comparable with the previous use and the risk of accidents between horses and vehicles is small. (Policies CC1, RE5, PPS4, PPS7).

Recommendation

(A) That for the following reasons the Planning Committee permit this application:

1. The development would not be harmful to the residential amenities of nearby dwellings.

2. The site is located in a rural area where there is no objection to the principle of the proposed development.

3. The scale, location and design of the development would preserve the character of the Kent Special Landscape Area and Landscape Character Assessment Area.

4. The traffic movements generated by the development could be accommodated without detriment to highway safety. 5.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

5. The development makes adequate provision for the parking of vehicles within the application site.

(B) That the recommendation be subject to the applicant first entering into a Section 106 Agreement in respect of:

1. Occupation of the Bungalow by someone employed in agriculture or within the full livery business or last working in the locality in those businesses.

2. Use of former poultry sheds 1/2 and the open fronted agricultural barn solely for the full livery business or the poultry business.

3. Demolition of former poultry sheds 3/4 within 12 months of permission being granted, with removal of debris.

4. Removal of all the other buildings on the site within 12 months if the full livery or poultry business fails, with removal of debris.

5. Notice to be given to the Council if the buildings start or cease to be used for the full livery business or the poultry business,

(C) Permit

Subject to the following conditions:

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

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

2. The use hereby permitted shall be for full livery stables and their associated use only and not for DIY livery use. The site shall not be used for the staging of equestrian events without the prior written consent of the Local Planning Authority.

Reason: In the interests of highway safety.

3. The approved motor vehicle parking facilities shall be provided before the development to which they relate is brought in to use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.

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

4. A landscaping scheme for the site (to include native screening to the south east of the site) shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the approved landscaping/tree planting scheme shall be carried out fully within 12 months of the completion of the development. 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 sixe 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.

5. No external lighting shall be installed on the site without the prior written consent of the Local Planning Authority.

Reason: In the interests of amenity of adjoining residents.

6. No animal matter, animal feed or bedding material, horse jumps, mobile shelters, horse boxes, plant, or other equipment shall be kept, erected or stored within the open area on approved plan ref: 30168/02B Rev A without the prior written approval of the Local Planning Authority.

Reason: In order to protect the character of the designated landscape.

7. No more than 24 horses shall be kept on the site and in association with the consent hereby granted without the prior written approval of the Local Planning Authority.

Reason: In order to protect the character of the designated landscape and in the interests of highway safety.

8. Prior to the commencement of the development hereby approved, details of collection, storage and disposal of animal waste shall be submitted to and approved in writing by the Local Planning Authority and the collection, storage and disposal of such waste shall thereafter be undertaken in accordance with these approved details.

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

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any other Order or any subsequent Order revoking or re-enacting that Order, no further development whether or 5.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

not permitted by Article 3 and Schedule 2, Part 6 of that Order shall be carried out without the prior permission of the Local Planning Authority in writing.

Reason: In the interests of the character of the designated landscape.

10. Prior to the commencement of the development, details of the perimeter fencing to the approved manége shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: In the interests of the visual amenity of the locality.

11. Prior to the commencement of the development and use hereby approved 2 accompanied horse warning signs shall be erected on the Pinnock to warn drivers of the potential for horses trotting in the area. The design and location of these signs shall have previously been submitted to and approved in writing by the Local Planning Authority in consultation with Kent Highway Services. The signs shall subsequently be retained in their approved location unless the use hereby approved on the land shall cease.

Reason: in the interests of the safety and convenience of all users of the highway.

Notes to Applicant

1. This development is also the subject of an Obligation under Section 106 of the Town and Country Planning Act 1990 which affects the way in which the property may be used.

2. The applicant is advised to install 2 accompanied horse warning signs on the Pinnock to warn drivers of the potential for horses trotting in the area. Kent Highway Services should be contacted on 08458 247 800 to discuss this further.

Background Papers

Comments from Kent Highway Services dated 14 April 2010

Contact Officer: Mrs Lucy Holloway – Telephone: (01233) 330253

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Application Number 09/01447/AS

Location Cherry Orchard, Cherry Orchard Lane, Bonnington, Ashford, Kent, TN25 7AZ

Grid Reference 05332/35896

Parish Council Aldington and Bonnington

Ward Saxon Shore

Application Alterations (including demolition of two small extensions) Description and erection of a rear extension

Applicant Mr and Mrs L Thomas, 29 Cherry Glebe, Mersham, Kent, TN25 6NL

Agent Mr P Spiller, Spiller Associates, 2 Cherry Garden Lane, Folkestone, Kent, CT19 4AD

Site Area 0.7 Hectares

(a) 8/2S (b) S (c) KCC PROW – X

Introduction

1. The application is being reported to the Planning Committee at the request of Councillor Wood, one of the Ward Members. The Ward Member is not a Member of the Planning Committee.

Site and Surroundings

2. The application site comprises a detached dwellinghouse located outside of the built confines of the village of Bonnington for the purposes of development control. The site lies within the Special Landscape Area and the Bonnington Wooded Farmlands Landscape Character Area. Public footpaths AE486 and AE464 run along the western site boundary.

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3. The dwelling is grade II listed and is described in the listing details as a 16th Century timber framed dwelling that was later clad with red brick. The information also suggests that the building was probably a hall house plan in origin. The dwelling is two storeys with a hipped roof with regular fenestration of 2 glazing bar sashes on each floor with central boarded door. The dwelling has also been extended in more modern times with the introduction of two single storey side extensions.

4. The dwelling itself is located within generous grounds of approximately 1.4 hectares on a site that slopes upwards in a northerly direction and is set back from the highway by approximately 55 metres.

5. The dwelling has not been modernised and provides approximately 167m² of floorspace laid out over 2 floors and includes a sitting room, dining room, kitchen, utility and store at ground floor and 4 bedrooms and 1 bathroom at first floor.

6. Plans of the site are attached to this report as Annex 1.

Proposal

7. Full planning permission and listed building consent are being sought for the erection of a two storey rear extension and link together with internal alterations to the dwelling. The extension which would be connected to the existing property by a two storey link would provide a further 105m² of additional living accommodation.

8. The proposed internal alterations, which require listed building consent but not planning permission (see committee report reference 09/01448/AS) would include:

• some structural pinning of the brickwork to the front corner of the house, • the rebuilding of a small area of internal brickwork to the front wall, • the replacement of internal plaster and the lowering and • replacement of floors at ground floor level (with underfloor heating)

9. The single storey, western outshot would be upgraded and connected internally to the house via a new doorway.

10. At first floor level the bathroom, formed out of part of the two rear bedrooms, would be removed and the rooms restored more to their original size and shape although a corridor would be formed to connect the new extension. A bathroom would still be provided at first floor level in the existing house. A

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1930’s chimney would also be removed as would the small rear 1930’s WC addition.

11. The existing dwelling is also proposed to be rearranged internally to provide a new lobby, reception room, kitchen, study, utility, a bathroom and 3 bedrooms. The new extension would provide an additional master bedroom, bedroom and bathroom at first floor and large family room at ground floor with an additional staircase to the first floor.

12. Existing and proposed plans are attached as Annex 2 to this report.

13. The applicant has submitted information in support of the scheme which can be summarised as follows:

• The property has been poorly maintained by previous owners and is in need of modernisation. • The applicants are foster carers providing care for children and offering parent and child placements. There is a national shortage of people with these skills and suitable accommodation to fulfil this role. • There is a need to access the first floor safely and practically without replacing the existing stairs. • There is a need for additional space to meet the family’s needs up to a modern standard. This accommodation needs to be configured in a way that meets the modern living requirements without destroying the form and layout of the existing building.

Planning History

14. There is no relevant planning history.

Consultations

Ward Members: One of the Ward Members, Councillor Wood, requests that the application is considered by the Planning Committee. The other Ward Member is the Portfolio Holder for Development Management.

Portfolio Holder – Development Management: “I agree with the assessment by Officers that these proposals are, in effect, simply too much. The scheme would unacceptably affect the historic character, appearance and setting of the listed building, and should not be permitted for this reason. There is in my view insufficient justification to allow such a harmful development.”

Aldington and Bonnington Parish Council: Support the application.

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Neighbours: 8 neighbours Consulted, 2 letters of support received.

Kent County Council Countryside Access Group – No objections.

Planning Policy

15. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009

CC1 – Sustainable development

C4 – Landscape and countryside management

BE6 – Management of the historic environment

Ashford Borough Local Plan 2000

GP12 – Protecting the countryside and managing change

EN27 - Landscape conservation

HG9 – Extensions to dwellings in the countryside

Local Development Framework Core Strategy 2008

CS1 – Guiding principles

CS9 – Design quality

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

Tenterden and Rural Sites DPD

TRS17 – Landscape character and design

Supplementary Planning Guidance

Supplementary Planning Guidance Note 10 – ‘Domestic Extensions in Urban and Rural Areas’ adopted June 2004 following public consultation 6.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Government Advice

Planning Policy Statement 1 – ‘Delivering Sustainable Development’

Planning Policy Statement 7 – ‘Sustainable Development in Rural Areas

Planning Policy Statement 5 – ‘Planning for the Historic Environment’

18. Members should note that if regard is had to the Development Plan when determining this application then that determination must be made in accordance with the Plan unless material considerations indicate otherwise.

19. The Tenterden & Rural Sites DPD is one such material consideration and as it has now been submitted to the Secretary of State for examination more weight may be given to it when making a decision. This report will advise where necessary on the weight it be given and whether the policies in the DPD are sufficient to outweigh the Development Plan in this case.

Assessment

20. The main issues for consideration are:

• The impact of the development upon the character and appearance of the listed building • The impact of the development upon the visual amenity of the wider rural landscape designated as a Landscape Character Area and a Special Landscape Area. • Justification for the development. • Residential amenity.

Policy and Guidance Context

21. Section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires Local Authorities, when considering applications for planning permission for development that affects a listed building, to have a special regard to the desirability of preserving the building and any features of architectural or historic interest which it may possess. In addition a key principle of PPS1 states that design which fails to take the opportunities available for improving the character and quality of an area should not be accepted.

22. The above is further endorsed by Central Government Guidance contained within PPS5 and its companion guide which sets out a presumption in favour

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of the conservation of designated heritage assets such as listed buildings. This guidance states that whilst some listed buildings will be particularly important or sensitive to change others may be more capable of accommodating it. Local planning authorities must therefore take into account the desirability of sustaining and enhancing the significance of heritage assets and of utilising their positive role of place shaping and sustainable communities. The guidance also states that new development should make a positive contribution to the character and local distinctiveness of the historic environment through design that has taken into account the character of the building and the surrounding area and should not result in a loss of the buildings significance.

23. In addition to the above national guidance the Council’s adopted supplementary planning guidance (SPG10) makes provision for modest extensions to residential dwellings in the countryside provided that the proposed extension is justified, sympathetic to the design and scale of the existing dwelling and would not result in a poorly proportioned or visually intrusive form of development within the landscape. The document also provides advice on appropriate design themes for extensions stating that they must be subordinate in size and scale to the existing dwelling.

The Impact of the Development Upon the Character and Appearance of the Listed Building

24. Paragraph 178 (pg 48) of the ‘Historic Environment Planning Practice Guide’ (companion to PPS5) advises that the main issues to consider in proposals for additions to heritage assets, are proportion, height, massing, bulk, use of materials, use, relationship with adjacent assets, alignment and treatment of setting and states that it would not normally be acceptable for new work to dominate the original asset or its setting in either scale, material or as a result of its siting.

25. The proposed two storey rear extension would not be a modest extension to this dwelling as it would represent an increase in additional floor area of 62%. The extension would also not be subordinate to the existing dwelling with its proposed ridge height of 6.9 metres, compared to the ridge height of the original building which measures 6.6 metres from ground level (the ground level to the rear is proposed to be lowered to ensure that the extension would not extend above the height of the existing building). In addition given the extensions length of 10.6 metres compared to that of the existing dwelling which is 8 metres there will be a significant amount of additional bulk and massing to the rear of this dwelling which would in turn dominate the listed building when viewed from the side and rear elevations resulting in an incongruous addition that would not sit comfortably with the existing modest cottage.

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26. Paragraph 182 (pg 48) of the guidance also states that the planform of a building is one of the most important characteristics of a listed building. Whilst I note the applicant’s reasons for linking the building by means of a narrow link to form a visual break between the listed building and extension, the linking of buildings together in this way is not ideal. In this case the link would not be a small scale, light or a subordinate structure and would also dominate the existing building in scale and situation.

27. The proposed extension would not respect the compact historic planform of the building which to date remains largely intact and distinguishable. This would result in the extension appearing as an unmistakable large modern addition that would neither enhance nor protect the existing historic character and appearance of the planform of this important listed building. I therefore consider that the cumulative impact of the proposed increase in floor area would unacceptably alter the plan and historic layout of this building to the detriment of its historic character and reading.

28. In my view the significance of this heritage asset is its modest scale, its relatively unaltered plan form and isolation in the surrounding landscape.

29. While some upgrading of the accommodation might be appropriate and the subsequent report on the listed building application identifies where improvements proposed to the dwelling could be acceptable to make it a more readily usable house; the nature and scale of these proposals do not make a positive contribution to the character and local distinctiveness of the historic asset. Indeed the proposed extension represents an entirely negative impact because of their scale, height, massing, and alignment to the building.

30. I consider that the proposal will lead to substantial harm to the heritage asset and there is no substantial public benefit that outweighs this harm or loss. In addition neither the nature of the heritage asset nor its condition prevents its reasonable or viable use in the future.

31. Consequently, the proposals do not comply with the recent an up-to-date policies in PPS5 in particular but not exclusively, policies HE7.5, HE9.1 and HE 10.1.

32. PPS5 also recognises that managed changed may sometimes be necessary if heritage assets are to be maintained for the long-term. I have already identified that some elements of the application to alter the heritage asset internally are acceptable and indeed would assist in its long-term maintenance and utility. The scale of change proposed by the extension and link takes the application beyond what I would consider to be managed change and, as set out below the justification put forward by the applicants is insufficient to justify the level of change proposed.

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The Impact of the Development upon the Visual Amenity of the Wider rural Landscape Designated as a Landscape Character Area and a Special Landscape Area

33. The site lies on land rises gently from south to north and as the proposed extension is situated at the rear of the house it will not be significantly visible or intrusive when viewed from the south. Views from the north, east and west are partially obscured by trees and hedgerows and consequently, even though this is a large extension and public footpaths, including the Saxon Shore Way lie immediately to the west and north, the impact on the surrounding landscape will not in my view be severe.

Justification for the Development

34. The application states that the extension has been designed so that it would not destroy the form and layout of the existing building and that the extension is essential to provide the accommodation required by the applicants in order to accommodate their family and undertake their fostering responsibilities. Whilst I agree that the building requires a degree of modernisation in order to make it more useable, the level of accommodation is not unlike many other traditional rural cottages found within the borough and could function as a dwelling without being extended in this manner. Whilst I am sympathetic to the applicant’s situation, I do not consider that sufficient justification has been put forward in order to overcome the previously identified substantial harm to this heritage asset that an extension of this size and form would cause. The development would consequently not be in accordance with central and local planning policy and is therefore unacceptable.

Residential Amenity

35. The nearest neighbouring residential dwelling is located approximately 47 metres south east of the site of the proposed rear extension. The development would not be harmful to the residential amenity of the occupiers of this dwelling through loss of privacy or overbearing development.

Human Rights Issues

36. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

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Summary

37. The main issues in this case are:

(a) The development would because of its size, bulk, scale, design and location result in a poorly proportioned, incongruous and unsympathetic form of development that would fail to preserve the historic character and appearance of the listed building to its detriment. PPS5, policy BE6 of the South East Plan (2009).

(b) The proposed development would not be sympathetic to the design and scale of the existing dwelling even when taking into account any inadequacies of the standard of the existing accommodation and would result in a poorly proportioned. The development would therefore fail to comply with criteria (c) of policy HG9 of the Ashford Borough Local Plan (2000) and Supplementary Planning Guidance 10.

(c) The proposed development would, as a result of the bulk, scale, massing and design result in an incoherent and poorly proportioned form of development that would be unjustified and would unacceptably dominate the listed building and alter the historical planform and reading of the building, neither preserving or enhancing its important character and appearance. The development would therefore fail to comply with PPS5 and policy BE6 of the South East Plan (2009).

(d) Impact upon residential amenity. The development would not be harmful to the residential amenity of the occupiers of the nearest residential dwellings through loss of privacy or overbearing development.

Recommendation

Refuse

On the following grounds:

1. The proposed development would be contrary to policies CC1, C4 and BE6 of the South East Plan (May 2009), policies GP12, and HG9 of the adopted Ashford Borough Local Plan (2000), policies CS1 and CS9 of the Local Development Framework Core Strategy 2008 policy TRS 17 of the Tenterden and Rural Sites Development Plan Document (submission version 2010) and to Government policy contained in PPS1, PPS7 and PPS5 and therefore constitutes development contrary to interests of acknowledged planning importance for the following reasons:

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(a) The proposal by virtue of its size, bulk, scale, poor proportions, design and location together with the resulting loss of historic fabric would not represent a sympathetic addition to this property and would therefore result in an incongruous and inappropriate addition. This in turn would unacceptably harm the historic character, appearance and reading of this grade II listed building. (b) Insufficient justification has been put forward to outweigh the substantial harm to the heritage asset that would result from these proposals.

Background Papers

Comments from Aldington and Bonnington Parish Council received 15 December 2010 Comments from Kent County Council Countryside Access Group received 10 December 2009 Letter from J Leonard received 29 December 2009 Letter from P Lukey received 18 January 2009

Contact Officer: Miss Alex Stafford - Telephone: (01233) 33024

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Application Number 09/01448/AS

Location Cherry Orchard, Cherry Orchard Lane, Bonnington, Ashford, Kent, TN25 7AZ

Grid Reference 05332/35896

Parish Council Aldington and Bonnington

Ward Saxon Shore

Application Alterations (including demolition of two small extensions) Description and erection of a rear extension.

Applicant Mr and Mrs L Thomas, 29 Cherry Glebe, Mersham, Kent, TN25 6NL

Agent Mr P Spiller, Spiller Associates, 2 Cherry Garden Lane, Folkestone, Kent, CT19 4AD

Site Area 0.7 Hectares

(a) 8/2S (b) S (c) -

Introduction

1. The application is being reported to the Planning Committee at the request of Councillor Wood, one of the Ward Members. The Ward Member is not a Member of the Planning Committee.

2. This application for listed building consent is a companion application to 09/01447/AS that precedes this report on the agenda. The application is identical to that reported under reference 09/01447/AS but also includes internal works for which planning permission is not required.

Site and Surroundings

3. See 09/01447/AS. Site location plans are attached to this report as Annex 1.

Proposal

4. Listed building consent is sought for the erection of a two storey rear extension linked to the existing building by a two storey link. Internal alterations are also proposed to the existing dwelling which include some 7.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

structural pinning of the brickwork to the front corner of the house, the rebuilding of a small area of internal brickwork to the front elevation, the replacement of internal plaster and the lowering and replacement of floors at ground floor level (with underfloor heating). In addition the single storey western outshot would be upgraded and connected internally to the house via a new doorway. At first floor level the bathroom that was formed out of part of the two rear bedrooms would be removed and the rooms restored more to their original size and shape although a corridor would be formed to connect the new extension. A 1930’s chimney would also be removed as would the small rear 1930’s WC addition.

5. Please see 09/01447/AS on this agenda for the details of the proposed extension as this element of the scheme also requires planning permission.

6. The existing and proposed plans are attached as Annex 2 to this report.

Planning History

7. There is no relevant planning history.

Consultations

Ward Members: One of the Ward Members, Councillor Wood, requests that the application is considered by the Planning Committee. The other Ward Member is the Portfolio Holder for Development Management.

Portfolio Holder – Development Management: I am content with the Officers' assessment and have nothing to add.

Aldington and Bonnington Parish Council: Support the application.

Neighbours: 8 neighbours Consulted, 2 letters of support received.

Planning Policy

8. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009 CC1 – Sustainable development

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BE6 – Management of the historic environment

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

Government Advice Planning Policy Statement 1 – ‘Delivering Sustainable Development’ Planning Policy Statement 5 – ‘Planning for the Historic Environment’

Assessment

11. The main issues for consideration in this application in addition to those considered within the previous application are: • The impact of the development upon the architectural and historic interest of the listed building. • Justification of the development.

12. The proposed structural alterations to resolve cracks present on the front elevation and left hand front corner of the building would be acceptable.

13. The proposed internal alterations at first floor would result in the removal of modern partitioning which would be acceptable and would restore the first floor planform further towards its original historic layout.

14. The removal of the modern cement plaster and its replacement with a traditional lime based material would be appropriate and I therefore have no objections to this element of the scheme which is in line with Officers advice.

15. The removal of the modern chimney and WC would also be acceptable. The chimney has been installed internally and therefore the external ragstone wall has been left intact. The proposed link through to the extension would however result in the loss of a section of the ragstone wall. This would not accord with government guidance contained within paragraph 179 (pg 48) of the ‘Historic Environment Planning Practice Guide’ (companion to PPS5) that states that the retention of as much historic fabric as possible is a fundamental part of any good alteration to a listed building.

16. Paragraph 181 (pg48) of the above guidance also states that when a building is adapted for new uses, its form as well as its external and internal features may impose constraints and that some degree of compromise in use may therefore assist in retaining the buildings significance. For example, headroom may be restricted. The applicants intend to remove the existing ground floor concrete floors within the proposed lobby, utility and study and the timber suspended floors within the living rooms and replace them with an insulated concrete floor with underfloor heating pipes. The applicants also wish to lower 7.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

the floors by 0.35 metres to provide additional headroom and to prevent the decay of the existing timber floor through damp.

17. The existing timber floor whilst not significantly historic appeared to be of some age and there are limited signs of damp and decay which indicates that the building seems to be functioning satisfactorily. Notwithstanding this, the introduction of concrete floors would not prevent damp movement but could relocate the problem resulting in water moving into the building via the stone/brickwork walls instead which would be detrimental to the building. In addition following discussions with the Council’s Building Control department, there are concerns that the lowering of these floors and the outside ground levels could undermine the structural integrity of the building itself due to the lack of substantial foundations or underpinning. It is therefore considered that the reinstatement of a timber floor with some form of ventilation to prevent future damp would be an appropriate solution.

18. In addition to the above, the existing dwelling is a modest rural cottage and a characteristic of such a dwelling is often reduced headroom. Whilst there are areas of the dwelling at ground floor which have less headroom such as one corner of the existing lounge and the doorways into each room, the existing headroom at it lowest is 1.8 metres (6 ft). Given this I do not consider that overall the problem is significant enough to justify the complete removal and lowering of the entire floor.

19. In light of the above, I consider that some of the proposed internal alterations would not comply with PPS5 which states that historic fabric should not be sacrificed to make way for new development unless the alterations which would affect the character of a listed building have been sufficiently justified. As discussed in the earlier report insufficient justification based on the needs of the building in the future have been put forward. The proposed development would therefore unacceptably harm the character and reading of this listed building and would therefore in inappropriate.

Human Rights Issues

20. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

Summary

21. The main issues in this case are: 7.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(a) The development taken as a whole would be unjustified, would result in the loss of historic fabric and would unacceptably alter the historic planform and reading of the listed building and would therefore fail to preserve its architectural and historic interest. (PPS5, policies CS1 and BE6 of the South East Plan May 2009)

Recommendation

Refuse consent

On the following grounds:

1. The proposed development would be contrary to policies CC1 and BE6 of the South East Plan (May 2009) and to Government advice contained in PPS1 and PPS5 and therefore constitutes development contrary to interests of acknowledged planning importance for the following reasons: (a) The proposed extension by virtue of its design, bulk, scale and proportions together with the resulting loss of historic fabric would represent an unsympathetic addition to this property and would therefore result in an incongruous and inappropriate addition. This in turn would unacceptably harm the essential architectural and historic interest together with the reading of this Grade II listed building. (b) The proposed lowering and replacement of the floors with concrete would alter the internal character of the building itself and could increase the risk of damp moving into the structure of the building. In addition the lower ground level proposed both internally and externally could seriously undermine the structural stability of the building to its detriment. (c) No overriding justification has been put forward to outweigh the substantial harm identified.

Background Papers

Comments from Aldington and Bonnington Parish Council received 15 December 2010 Comments from Kent County Council Countryside Access Group received 10 December 2009 Letter from J Leonard received 29 December 2009 Letter from P Lukey received 18 January 2009

Contact Officer: Miss Alex Stafford - Telephone: (01233) 330248

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Application Number 10/00382/AS

Location 17 The Green, Woodchurch, Ashford, Kent, TN269 3PF

Grid Reference 94404/34876

Parish Council Woodchurch

Ward Weald South

Application Two storey rear extension Description

Applicant Dr J Colledge, 17 Hendon Cottage, The Green, Woodchurch, TN26 3PF

Agent n/a

Site Area 0.11 Hectares

(a) 3/3R 2S (b) S (c) -

Introduction

1. The application is being reported to the Planning Committee at the request of the Ward Member.

Site and Surroundings

2. The application site comprises a detached chalet bungalow located within the built confines of Woodchurch. The dwelling commands a prominent position on The Green within the Woodchurch Conservation Area. The application site is flanked to the east by a Grade II listed building, Chestnut House.

3. A site plan is attached to this report as Annex 1.

Proposal

4. The application seeks full planning permission for the erection of a two storey rear extension and dormer window to the south east elevation. Two roof lights are also proposed on the south east elevation, either side of the dormer window.

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5. The rear extension, with a half hipped end, would project beyond the ridge of the dwelling and wrap around the existing gable end addition, with the use of PVC shiplap on the gable end. The extension would provide a larger kitchen at ground floor and an additional bedroom with ensuite bathroom at first floor.

6. The dormer window would sit centrally within the roof slope of the south east elevation, with a pitch roof, and would serve the ensuite bathroom. The two roof lights would serve bedrooms.

7. In support, the applicant makes the following points:

• The extension has been designed to provide additional living space required and to be of minimal impact on the building; • External cladding will be as per the existing; • The ridge line is lower relative to the adjoining property and it is not possible to look directly into our neighbours house; • To achieve adequate headroom in the ensuite bathroom, it is necessary to harm a dormer the full width of the room. It has obscure glazing and can be made non opening.

Planning History

8. 09/00352/AS – application withdrawn for a two storey rear extension following officers’ concerns with the design style of the development its impact upon the character of the Conservation Area and setting of the adjacent listed building.

Consultations

Ward Members: Cllr Davison requested the application to be considered by the Planning Committee, whilst Cllr Mrs Hicks is also a Member of the Committee.

Portfolio Holder – Development Management: “I am content with the Officers’ assessment and have nothing to add.”

Woodchurch Parish Council: supports the application.

Neighbours: 3 neighbours consulted; 3 letters of objection received and 2 letters of support received. The following concerns were raised: • The extension, with a higher roofline, would detract from the character of the house; • The extension will be in view of neighbouring houses and gardens and may be overbearing upon privacy;

8.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

• The development would enhance the value of the property beyond the price range of ordinary village folk; • The extension would erode the openness of the back garden and nearby properties; • There will be a serious erosion of light received by Chestnut House and the extension will over dominate the rooms and the rear garden on this side; • The introduction of a large scale extension would fill in the gap between the application site and Chestnut House and would introduce a larger scale and more complex design of building immediately adjoining the listed building, which would adversely affect its setting and would neither preserve nor enhance the character of the Conservation Area.

The following points were made in support of the application: • The property will become a family home in an enviable position by The Green; • The dwelling, when viewed from The Green, will have an improved roof line, enhancing the Conservation Area; • Similar significant extensions have been built within the Conservation Area.

Planning Policy

9. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009

CC1 – Sustainable Development

BE6 – Management of the Historic Environment

Ashford Borough Local Plan 2000

EN16 – Development in Conservation Areas

EN27 – Landscape Conservation

Local Development Framework Core Strategy 2008

CS1 – Guiding Principles

8.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

CS9 – Design Quality

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

Tenterden & Rural Sites DPD

TRS17 – Landscape Character and Design

Supplementary Planning Guidance

SPG Note 10 – Domestic Extensions in Rural and Urban Areas

Government Advice

PPS1 – Delivering Sustainable Development

PPS5 – Planning for the Historic Environment

PPS7 – Sustainable Development in Rural Areas

12. Members should note that if regard is had to the Development Plan when determining this application then that determination must be made in accordance with the Plan unless material considerations indicate otherwise.

13. The Tenterden & Rural Sites DPD is one such material consideration and as it has now been submitted to the Secretary of State for examination more weight may be given to it when making a decision. This report will advise where necessary on the weight it be given and whether the policies in the DPD are sufficient to outweigh the Development Plan in this case.

Assessment

14. The main issues for consideration are:

• Impact upon visual amenity, particularly the character of the Woodchurch Conservation Area; • Impact upon the setting of the adjacent listed building; • Impact upon residential amenity; • Impact upon highway safety.

8.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Impact Upon the Character of the Conservation Area and the Setting of the Adjacent Listed Building

15. Supplementary Planning Guidance Note 10 entitled “Domestic Extensions in Urban and Rural Areas” (SPG10) requires extensions to express a coherent design form and not result in a poorly proportioned or visually intrusive form of development within the street scene or over the wider area. The document also states that a successful roof extension depends on achieving a combination of form, materials, window design and detailing that is sympathetic to the character of the existing building. The aim of Development Plan policy is to ensure that new development either preserves or enhances the character of designated Conservation Areas.

16. The extension would project above the ridge line of the property, across a large proportion of the width of the property, and would be substantial and very large in scale relative to the proportions of the property. It would not represent a subordinate addition but would rather overpower and dominate the form of the existing property. The resulting development would represent a bulky, poorly proportioned addition to the property, contrary to SPG10 and Development Plan policy.

17. With regards to the side dormer window, its design is not well articulated, with its pitch roof being out of proportion with the window element, compared to the pitched roof dormers to the front elevation. As a result, the dormer window would not sit comfortably within the roof slope and would represent a bulky, poorly proportioned addition to the property. This is further exaggerated by the size of the window.

18. Given the harm identified above to the visual amenity of the locality, the resulting built form would neither preserve nor enhance the character of the Conservation Area, particularly given the prominent position on The Green that the dwelling commands, and in turn, would harm the setting of the adjacent listed building Chestnut House.

Impact Upon Residential Amenity

19. I note the objections received by the neighbouring property Chestnut House regarding a loss of light to the garden and habitable rooms to the north west elevation. The development would not be built up to the common boundary and the roof would slope away from this, therefore I do not consider that the development would be overbearing upon the garden area of this neighbouring property. At ground floor on the side elevation is a dining room window; however another window serves this room, to the north east elevation and the extension would not breach the 45 degree line measured from this window. The development therefore would not be significantly harmful to this neighbouring property. 8.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

20. The extension would introduce another window at first floor level to the rear, however this would afford long range views. Therefore I do not consider that this element of the proposal would result in overlooking development.

21. With regards to the dormer window to the south east elevation, whilst it would serve an ensuite bathroom and would be obscure glazed, given its positioning and size in relation to the private garden area of the neighbouring property Chestnut House, the development would result in a perception of overlooking and subsequently a loss of privacy and harm to the residential amenity of the occupiers of this neighbouring property.

22. Turning to the roof lights to south east elevation, given the positioning of the roof light serving the front bedroom in relation to the private garden area of the neighbouring property Chestnut House, the development would not result in overlooking. However, the roof light serving the rear bedroom would afford direct views into their garden, resulting in an unacceptable level of overlooking and a subsequent loss of privacy, harmful to the occupiers’ residential amenity.

Impact Upon Highway Safety

23. In accordance with Kent Parking Standards, there is a need for three parking spaces that can be provided at the site. The development therefore would not result in harm to highway safety.

Human Rights Issues

24. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

Summary

15. The main issues in this case are:

(a) The two storey rear extension, because of its size, bulk, scale and design, would sit uncomfortably on the rear elevation, resulting in a bulky, poorly proportioned and visually intrusive form of development (SPG10).

8.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(b) The dormer window, because of its design, size and proportions in relation to those of the existing roof slope would result in a bulky, poorly proportioned addition that would sit uncomfortably on the side elevation (SPG10). (c) The development would neither preserve nor enhance the character of the Woodchurch Conservation Area or protect the setting of the adjacent listed building (EN16, PPS5). (d) The dormer window, because of its size and positioning in relation to the private garden area of the neighbouring property Chestnut House, would result in a perception of overlooking and consequently a loss of privacy and harm to the residential amenity of the occupiers of this neighbouring property. (e) The roof light serving the front bedroom, because of its positioning in relation to the private garden area of Chestnut House, would not result in overlooking. However, the roof light serving the rear bedroom would afford direct views into their private garden area, resulting in an unacceptable level of overlooking and a subsequent loss of privacy, harmful to the residential amenity of the occupiers of this property (CS1). (f) No harm to highway safety.

Recommendation

Refuse

On the following grounds:

The proposed development would be contrary to policies CC1 and BE6 of the South East Plan (May 2009), policies EN16 and EN27 of the Ashford Borough Local Plan (adopted 2000), policies CS1 and CS9 of the Local Development Framework Core Strategy (adopted July 2008), policy TRS17 of the Tenterden and Rural Sites Development Plan Document (submission version 2010), Supplementary Planning Guidance Note 10 entitled ‘Domestic Extensions in Urban and Rural Areas’(adopted June 2004) and to Government policy contained in PPS1 ‘Delivering Sustainable Development’, PPS5 ‘Planning for the Historic Environment’ and PPS7 ‘Sustainable Development in Rural Areas’ and is therefore considered development harmful to interests of acknowledged planning importance for the following reasons:

1. The proposed development would neither preserve nor enhance the character of the Woodchurch Conservation Area nor protect the setting of the adjacent listed building, Chestnut House, as:

8.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(a) The proposed extension, by virtue of its size, bulk, scale and design, would sit uncomfortably on the rear elevation, resulting in a bulky, poorly proportioned and visually intrusive form of development; and

(b) The proposed dormer window, by virtue of its design, size and proportions in relation to those of the existing roof slope, would result in a bulky, poorly proportioned addition that would sit uncomfortably on the side elevation.

2. The proposed development would result in harm to the residential amenity of the neighbouring property Chestnut House as:

(a) The proposed dormer window, by virtue of its size and positioning in relation to the private garden area of the Chestnut House, would result in a perception of overlooking and a subsequent loss of privacy.

(b) The proposed roof light serving the rear bedroom, by virtue of its positioning in relation to the private garden area Chestnut House, would result in an unacceptable level of overlooking and a subsequent loss of privacy.

Background Papers

Comments from M Spiller on behalf of Mr and Mrs Bristowe received 14/04/10 Comments from J Colledge received 22/04/10 Comments from J Anning received 26/04/10 Comments from K Mathews received 26/04/10 Comments from T Chapman received 30/04/10 Comments from J Pope received 04/05/10

Contact Officer: Stephanie Viney – Telephone: (01233) 330669

8.8 Ashford Borough Council Planning Committee 26 May 2010 Page 1 of Annex 1 to Report 10/00382/AS ______

1.9

8.9 Ashford Borough Council Planning Committee 26 May 2010 Page 2 of Annex 1 to Report 10/00382/AS ______

8.10 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Application Number 10/00427/AS

Location Ashlawn, Criol Lane, Shadoxhurst, Ashford TN26 1LH

Grid Reference 69783/82031

Parish Council Shadoxhurst

Ward Weald South

Application Erection of a detached 3 bedroom dwelling with parking Description area and detached double garage to serve Ashlawn

Applicant Mr Gary Haigh

Agent Mr Mike Goddard, Goddard Planning Consultancy, 16 Dover Street, Canterbury, Kent CT1 3HD

Site Area 0.15 Hectare

(a) 5/ 2 (R) (b) R (c) KHS: X

Introduction

1. This application is being reported to the Planning Committee at the request of the Ward Members, who are both Members of the Planning Committee.

Site and Surroundings

2. The existing property and its associated garden are situated on the corner of Bethersden Road and Criol Lane, Shadoxhurst. The site for the proposed house is a triangular plot with a 28 metre road frontage on the corner tapering back to a point. The site forms part of the garden of Ashlawn, a chalet bungalow which faces onto and has an access onto Criol Lane to the north of the plot. The site for the proposed house is therefore a wedge of land between Ashlawn and Hawthorn Cottage. The existing properties along this stretch of Bethersden Road are predominantly chalet bungalow in design. Access to the site is provided from the existing access which serves Ashlawn with parking provided on the existing driveway area.

3. Site plans are attached as Annex 1

9.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Proposal

4. Full planning permission is sought for the erection of a detached three bedroom chalet bungalow to be located to the south of Ashlawn and adjacent to Hawthorn Cottage. A site plan is shown below to demonstrate the positioning of the property within the existing site:

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5. In addition, the development would include the erection of a single storey double garage to the north of the existing dwelling house to serve Ashlawn and the creation of an enlarged driveway area to allow for parking for both properties.

Planning History

6. Planning permission was granted in 1948 for the erection of Ashlawn under application number WE/9/48/60.

7. In 2000 outline planning permission was refused and an appeal dismissed for the erection of a two storey dwelling house in the garden of Ashlawn under application number 00/00729/AS. This was on a plot smaller than the current application site. The reason for refusal read as the following:

“The proposal is contrary to policies DP1, DP2 and HG6 of the Ashford Borough Local Plan as the proposed development will lead to unacceptable “village cramming” and is likely to have an adverse effect of the amenities of the adjoining occupiers through loss of privacy, noise or disturbance and the visual character of the area”

9.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

8. The decision from the Planning Inspectorate concluded that the development was unacceptable as the proposed dwelling would be located:

“ forward of the 2 adjoining properties to an extent that would make it appear intrusive and out of keeping with the character and appearance of the existing development in the vicinity of the site.”

9. The Planning Inspector also stated:

“although the size and shape of the plot would be likely to lead to a cramped form of development it should be possible to produce a detailed scheme that would not cause unacceptable loss of privacy to the adjoining properties.”

10. A copy of the proposed site plan at the appeal is shown below:

Consultations

Ward Members: Councillor Davison and Councillor Mrs Hicks, who are both Members of the Planning Committee, request the application is determined by the Planning Committee.

Portfolio Holder – Development Management: Does not wish to comment on the application.

Parish Council: Object to the application on the grounds that the size of the development is too large for the size of the plot.

Kent Highway Services: Raise no objections subject to conditions 9.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Neighbours: 5 consulted; 2 letters of objection received raising the following issues: (a) Hawthorn Cottage has a west facing window which serves the master bedroom with enjoys afternoon and evening summer sun and has uninterrupted views. The sun would be totally obscured by the proposed development. (b) Whilst there would be four car parking spaces provided in total the Ashlawn often has between 4- 6 vehicles on the site and care staff and visitors park on Criol Lane causing traffic obstruction. As such it is difficult to see how the additional vehicles would be accommodated off road. (c) The proposed development would not blend in with the distinctive character o the village. (d) The development would result in “cramming”. (e) The new dwelling would impair the current village entrance views when approaching from the west. (f) The development would overdominate, overlook and overshadow Hawthorn Cottage causing loss of light to the west facing lounge window, master bedroom and garden. (g) The development does not respect the spatial pattern of development within the village and would appear to be out of place. (h) The development may result in the loss of the evergreen hedge on the boundary with Hawthorn Cottage which would exacerbate the impact of the development on the neighbour. (i) Concern that the development would cause a loss of sunlight to Handley Cross. (j) The development would appear out of place with the surrounding buildings. (k) The new garage and parking spaces appear as a “bizarre” set up because if there are cars parked in the new car parking spaces nobody would be able to get into and out of the garage. (l) The development is likely to mean the loss of the apple tree to the front garden. This tree is the last tree of an original orchard and part of the history of the village. (Development Control Manager Comments: The issue with regard to the loss of the fruit trees was considered by the Planning Inspector as part of the planning appeal. It was concluded that the trees had outlived their useful life and there was therefore no concern with their loss. In addition as these are a fruit tree it cannot be protected by a Tree Preservation Order).

Planning Policy

11. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough 9.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009

CC1 - Sustainable Development

CC6 - Sustainable Communities and Character of the Environment

BE5 - Village Management

Ashford Borough Local Plan 2000

HG6 - Minor Development and Infilling in Villages

EN9 - Setting/ Entrances of Towns and Villages

Local Development Framework Core Strategy 2008

CS1 - Guiding Policies

CS9 - Design Quality

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

Tenterden & Rural Sites DPD

TRS1 - Minor Residential Development or Infilling

TRS 17 - Landscape Character and Design

Supplementary Planning Guidance

SPG9 - Domestic Garages and Outbuildings in Urban and Rural Areas

Government Advice

PPS1 - Delivering Sustainable Development

PPS3 - Housing

PPS7 - Sustainable Development in Rural Areas

9.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

14. Members should note that if regard is had to the Development Plan when determining this application then that determination must be made in accordance with the Plan unless material considerations indicate otherwise.

15. The Tenterden & Rural Sites DPD is one such material consideration and as it has now been submitted to the Secretary of State for examination more weight may be given to it when making a decision. This report will advise where necessary on the weight it be given and whether the policies in the DPD are sufficient to outweigh the Development Plan in this case.

Assessment

16. The main issues for consideration are:

• The principle of the proposed development • The impact of the proposed development on the visual amenity of the locality • The impact of the proposed development on the residential amenity of the neighbouring properties • The impact of the proposed development upon parking provision

Principle

17. The application site is located within the built up confines of Shadoxhurst village between the last two dwellings in the line of continuous and contiguous development.

18. It is previously developed land (brownfield land) as defined by PPS3. There is, however, no presumption in PPS3 that previously developed land is necessarily suitable for housing development nor that the whole of the curtilage should be developed. Such cases must be determined on the nature and circumstances of the site.

19. It is situated in a reasonably sustainable location with some facilities available in Shadoxhurst and Stubbs Cross although most trips would inevitably be made by car even though the site is close to public and school bus routes.

20. Policy TRS1 of the Tenterden and Rural Sites Development Plan Document and policy HG6 of the Ashford Borough Local Plan are both related to minor residential development and infilling in the rural villages and offer the main policy guidance for the consideration of the proposal for the new dwelling house. Both policies state that minor development or infilling will be acceptable within the built- up confines of Shadoxhurst providing the following requirements are met:

9.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

(a) The development can be easily integrated into the existing settlement without the need to substantially improve the infrastructure or other facilities (b) The proposal is of a layout, scale, design and appearance that is appropriate to the character and density of its surrounding area (c) It does not result in the displacement of other active uses such as employment, leisure or community uses in the area; and (d) The proposal would not result in the loss of public or private open spaces or gaps that are important characteristics of the settlement.

21. The proposed development would mean the creation of one new dwelling within an existing garden and would therefore not require improvements to the infrastructure or other facilities and would not result in the displacement of any existing use. In light of this, the proposed development would comply with parts a) and c) above; parts b) and d) will be discussed below. Consequently, there is no objection in terms of these policies to the principle of the proposed new dwelling house, providing the development would comply with parts b) and d) and there would be no adverse impact caused to the residential amenity of the neighbouring properties. In addition, there should be sufficient off road car parking provision for the two resulting dwelling houses.

22. The proposed garage would be located to the northern side of Ashlawn and would be used in association with this property. Ashford Borough Council’s Supplementary Planning Guidance 9 (SPG9) which is related to residential garages advises that such development is able to be accommodated providing it would have a visually subservient and well proportioned relationship with the existing built development on the site.

Impact of the Development Upon the Visual Amenity of the Local Area

23. The proposed new dwelling house would be located on a corner plot at the junction of Criol Lane and Bethersden Road and would be situated in a visually prominent location.

24. The site lies within the countryside for planning purposes where policy TRS17 applies. This seeks to protect the character of the area. Shadoxhurst lies in the Shadoxhurst Wooded Farmlands landscape character area. The report on the character areas identified the particular character of the rural area but also noted that the development in Shadoxhurst and Stubbs Cross does not contribute to it. This application therefore needs to be assessed on the particular impact on the character of this part of Shadoxhurst.

9.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

25. The previous appeal decision was refused because of its location forward of the front building line of the neighbouring properties which would appear intrusive and out of character with the local area. The proposed development would now be situated in line with the front building lines of Hawthorn Cottage and Ashlawn allowing for a continuous line of built development around the corner and would overcome the previous Inspector’s concerns with regard to the incongruous location.

26. The dwelling would have a footprint area of 79m² and be of a chalet bungalow design, measuring 6.6 metres to the ridge. This is a modestly sized property which would match in design to the neighbouring chalet bungalow style dwellings. The property would be set back from the public highway to the front by a distance of 10 metres behind an existing hedge and a large lawned area and hedging which would reduce the visual impact of the property in the street scene. The property would occupy a previously undeveloped part of the garden. This garden area is not an important feature within the street scene nor would it result in a loss of a private area of open space which is an important characteristic of the local area. Other properties in the row are generally situated in a strong building line with little spacing between.

27. The proposed dwelling appears to be well designed to fit in with the style of other surrounding properties, has been set back into the site in line with the strong building line along the street and has a limited and modest footprint area. I do not think that the development would result in visual “cramming” or appear as an incongruous or intrusive building in the street scene or wider landscape as a whole.

28. The proposed garage would be located to the northern side of the existing dwelling house on an existing driveway area. The building would have a footprint of 36m² and a height of 5.7 metres to its ridge. Its single storey form, pitched roof and small floor area would mean that it would appear to be a proportional and subservient building in the grounds of the existing dwelling house and as such would not have a detrimental impact upon the visual amenity of the locality.

Impact of the Proposed Development Upon the Residential Amenity of the Neighbouring Properties

29. Ashlawn is a detached dwelling house, the closest neighbour to which is Hawthorn Cottage to the south eastern side. The proposed dwelling house would be located in the garden between the two properties. The side elevation of the new dwelling house would be located 4.5 metres from the side elevation of Hawthorn Cottage at its closest point and 3 metres from the side of Ashlawn.

9.8 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

30. Ashlawn has one window on the side elevation which would face towards the new dwelling house. This window is a secondary window serving a bedroom; the primary window is a dormer window to the front elevation. The development would therefore not cause a harmful loss of light to this bedroom. There are no windows on the proposed dwelling house at first floor level to the north elevation and as such, no inter-looking would be able to occur.

31. Hawthorn Cottage has windows to the western side which would face towards the proposed dwelling house. The ground floor windows are largely protected from view of the application site at present by an existing evergreen hedge which belongs to the application site. This hedge may be removed and replaced by a 2 metre high fence without the need of planning permission which would also reduce the light to these rooms.

32. Hawthorn Cottage has one window at ground floor level to the front which is a secondary window which serves a living room, and one window at ground floor to the rear which is a secondary window serving a dining room. In addition, there is one window at first floor level which is a secondary window serving the master bedroom. Due to the fact that all of the windows are secondary and the rooms receive light from other windows, I do not consider that the development would cause an unacceptable loss of light to habitable rooms at Hawthorn Cottage.

33. Concern has been raised about the dominance of the new building over Hawthorn Cottage and the overbearing effect of the new building. As can be seen from the diagram at paragraph 4 above the spacing of the new dwelling from Hawthorn Cottage is grater than from Hawthorn Cottage to the next property to the north, Handley Cross. Because of this distance, the angled relationship between the new dwelling and Hawthorn Cottage and because the new dwelling does not protrude in front of the front or rear elevations of Hawthorn Cottage the potential for being over dominant is significantly reduced.

34. The neighbours have raised objection due to loss of light to their garden area, the proposed dwelling would not project beyond the front or rear building line of Hawthorn Cottage. This neighbour has an existing garage on the boundary which partially blocks light to the garden. The proposed development would result in some shadow falling on the garden towards the end of the day but this impact is not sufficient to justify a refusal of permission.

35. The new dwelling house has one window at first floor level which would look towards Hawthorn Cottage, this would serve a bathroom and it would therefore be reasonable to place a condition on an approval to require this window to be obscure glazed with high level opening only.

9.9 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

36. The proposed garage would be located to the northern side of Ashlawn and 33 metres from the closest neighbouring property. Due to its location to the side of the application property, it would not be visible from this neighbour.

37. In light of the above, with the imposition of the relevant condition with regard to the bathroom window, the development would not have a significant adverse impact upon the residential amenity of the neighbouring properties.

Impact of the Proposed Development upon Parking Provision

38. The application site currently has space for the parking of three cars in the driveway area north of Ashlawn. The proposed development would mean the extension of this parking area to the front of Ashlawn and the erection of a two bay garage. As a result, four car parking spaces would be provided within the site along with a vehicle turning area which would negate the need to reverse onto the public highway. The provision of four off road car parking spaces to serve the two dwelling houses would be sufficient given the size of the existing houses and should limit the need to park on the public highway. Kent Highway Services raise no objection to the application and not that the parking provision is in accordance with the County Council’s Interim Guidance Note 3:Residential Parking Standards which seeks to provide 2 parking spaces per dwelling in a rural location such as this.

39. The proposed parking area is unusual in that the new dwelling would be accessed by way of the existing access into Ashlawn. The proposed development would mean a small intensification in its use; however, this would not have a detrimental impact upon highway safety due to the small scale of the proposed development and the limited number of resulting vehicle movements.

40. On the previous proposal a new access was proposed from Bethersden Road. There was no highway or planning objection even though there was no turning area. In my view the proposed parking and turning area is an improvement on the previous situation.

Human Rights Issues

41. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

9.10 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Summary

29. The main issues in this case are:

(a) The principle of infilling at the application site is acceptable within the built confines of Shadoxhurst village and the Planning Inspector’s previous reasons for refusal have been overcome by virtue of the revised location and size of the proposed dwelling (policies HG6, TRS1, BE5). The grant of planning permission here would support the policy imperative at all levels to produce more housing, including in rural areas.

(b) The proposed dwelling would not cause visual cramming and the garage and dwelling house would not have a detrimental impact upon the visual amenity of the local area (CS9, EN9, TRS1, HG6).

(c) The proposed development, subject to the relevant planning conditions would not have a significant adverse impact upon the residential amenity of the neighbouring properties (CS1, CS9).

(d) There would be sufficient off road car parking provision to serve the two dwelling houses and the use of the existing access to serve both dwellings would not have a harmful impact upon highway safety (CS1).

Recommendation

That for the following reasons the Planning Committee permit this application:

1. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

2. The development would not cause significant harm to the residential amenities of nearby dwellings.

3. The site is within the limits to built development where there is no objection to the principle of the proposed development.

4. The development makes adequate provision for the parking of vehicles within the application site.

Permit

Subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision. 9.11 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

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

2. Written details and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing 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. The approved motor vehicle parking and garaging facilities shown on plan 2019/01 rev d shall be provided before the new dwelling hereby approved is occupied and they shall thereafter be retained available for the ancillary parking of motor vehicles for the new property and the existing property on the site and access to the facilities shall not be precluded.

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

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any other Order or any subsequent Order revoking or re-enacting that Order, no further development whether or not permitted by Article 3 and Schedule 2 Classes A or E of that Order shall be carried out without the prior permission of the Local Planning Authority in writing.

Reason: In order to protect the visual and residential amenity of the locality.

5. Before the development hereby permitted is occupied the first floor bathroom window to the south eastern side shall be fitted with obscure glazing and shall be of a manufactured non opening type, style and design (other than for the purposes of ventilation greater than a level of 1.7 metres above internal floor level) and the windows shall thereafter be retained as such unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties.

6. 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

9.12 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

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.

7. All existing hedges or hedgerows shall be retained, unless shown on the approved drawings as being removed. All hedges and hedgerows on and immediately adjoining the site shall be protected from damage for the duration of works on the site. Any parts of hedges or hedgerows removed without the Local Planning Authority's prior consent or which die or become, in the opinion of the Local Planning Authority, seriously diseased or otherwise damaged within five years following contractual practical completion of the approved development shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with plants of such size and species and in such positions as may be agreed with the Authority.

Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerows.

Background Papers

Letter from Mr Porter received 12/04/10 Letter from Mr and Mrs West received 22/04/10 Letter from Parish Council received 15/04/10

Contact Officer: Kathryn Holland – Telephone: (01233) 330738

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Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Application Number 10/00565/AS

Location Garages rear of 43 and 45, Arlington, Ashford, Kent

Grid Reference 99755/41911

Parish Council None

Ward Victoria (Ashford)

Application Removal of existing garages and erection of three, three Description bedroom terrace houses

Applicant Housing Services Ashford Borough Council Civic Centre, Tannery Lane, Ashford, Kent TN23 1PL

Agent Mr G Holloway, Housing Services, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent TN23 1PL

Site Area 0.08ha

(a) 16/- (b) - (c) KH X ES (EP) X

Introduction

1. This application has been reported to the Planning Committee as the applicant is Ashford Borough Council Housing Services.

Site and Surroundings

2. The application site is located within the built confines of Ashford. The site currently consists of two parallel rows of garages, 20 in total. The site is surrounded on all sides by residential development, two storey terraced and semi-detached properties. The existing properties tend to have their rear boundaries of their gardens facing the site.

3. Vehicular access is gained from the north of the site via Arlington between nos. 43 and 45. This is the existing access into the garage block. A copy of the site location plan is attached.

4. The nearest local centre is Brookfield Court on Brookfield Road. This area has a collection of shops, takeaways, metro sized supermarket, petrol station

10.1 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

and public house. Arlington is on the ‘A’ route bus service which runs from Singleton to the Town Centre.

Figure 1: Proposed Site Layout

Figure 2: Site Location

Proposal

5. Full planning permission is sought for the erection of a terrace of three, three bedroom two storey properties in a staggered layout. These face northwards with the gardens of approximately 14 metres in length, running the length of the garage court. Parking is in front of the properties with a turning head providing seven parking spaces. The density of the development is equivalent to 32 dwellings per hectare which is comparable to the surrounding development. The design of the units replicates the existing surrounding properties.

6. Seven parking spaces are provided. Vehicle access to a private garage and parking space for an existing property will be retained in the scheme together with the rear access to the houses in Arlington.

Planning History

7. The Arlington, Boxley estate was developed by Ashford Borough Council in the early 1960s.

Consultations

Ward Members: Councillor Packham is a Member of the Planning Committee. No response has received from the other Ward Member.

10.2 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Portfolio Holder – Development Management: given this is a relatively straightforward application made by the Council the Portfolio Holder thinks it best not to comment.

Neighbours: 16/- No comments have been received by neighbours.

Kent Highways Services: No objection subject to conditions.

Environmental Health Manager: No objection subject to conditions.

Planning Policy

8. The Development Plan comprises the Regional Spatial Strategy (The South East Plan, May 2009), the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008 and the adopted Ashford Town Centre Action Area Plan 2010.

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

South East Plan 2009

CC1 – Sustainable Development

CC9 – Use of Public Land

H5 – Housing Design and Density

T4 – Parking

Ashford Borough Local Plan 2000

HG5 – Residential Development in the Confines of Ashford

Local Development Framework Core Strategy 2008

CS1 – Guiding Principles

CS9 – Design Quality

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

Government Advice

PPS1 – ‘Delivering Sustainable Development’

10.3 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

PPS3 – ‘Housing’

Assessment

11. The main issues for consideration are:

• The principle of proposed development and visual impact upon the area. • Impact upon residential amenity. • Highway safety and parking.

The Principle of the Proposed Development and Visual Impact upon the Area

12. The development is located with the built confines of Ashford where the principle of new housing development is acceptable in policy terms. Dwellings would be located close to existing bus stops and other local amenities and they will therefore be accessible via other forms of transport other than the private motor vehicle and would therefore represent a sustainable location.

13. The layout and development has been designed to reflect the form and layout of the adjoining area which is largely characterised by semi-detached and terraced dwellings with small front gardens and larger rear gardens.

14. At 32 dwellings per hectare proposed density and plot size is commensurate with the adjacent built development. Combined with the modest scale of each dwelling and its relationship with the existing plots I am satisfied the development would sit comfortably on the site and would not result in over development and town cramming.

Impact Upon Residential Amenity

15. The proposed development is two storey in line with the surrounding development, due to the siting of the units, and the orientation of adjoining properties only limited overlooking of the proposed dwellings will occur. There will also be very limited overlooking of the existing properties. The nearest overlooking would be 30 Arlington’s rear garden which would be 15 metres away. However, because of the layout of the existing development, there is already a degree of overlooking of the existing rear garden.

16. With the separation distances proposed there will be no significant over dominance or overshadowing of existing dwellings.

10.4 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

Highway Safety and Parking

17. Access to the site is proposed to remain the same and will provide both vehicular and pedestrian access.

18. The existing site accommodates 20 garages and Housing Services have stated that half of these garages are long term void and of the remaining garages all but three are rented to people outside of the immediate local area. It therefore appears that these garages are generally being used for storage. In this case as only three of the garages are being used by those in the immediate locality, Housing Services are able to offer these tenants alternative garages in many places closer to their home than the exiting site. There is hard standing to the north end of the site and the access road has been used on occasion by local residents for parking. The access road is not laid out for parking but any parking on the remaining hard standing is for use of Housing Services tenants and any other users would need to gain a licence or permit to park here.

19. Pedestrian access to the rear gardens of existing houses is being maintained.

20. Highway Services have raised no objection to the parking and turning layout. The revised layout exceeds Kent Highways parking standards, a minimum of 5 spaces are required, so any surplus space could be provided under licence to other householders.

Human Rights Issues

21. I have also taken into account the human rights issues relevant to this application. In my view the “Assessment” section above and the Recommendations 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).

Summary

22. The main issues in this case are:-

a) The principle of the proposed development and visual impact (policies HG5, CS1, H5 and PPS3). The site is located within the confines of Ashford. The proposed dwellings are within walking distance of local amenities and bus stops and would be in a sustainable form of development. The proposal will not displace other employment or leisure opportunity uses. The dwellings proposed are well designed

10.5 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

and detailed and would not be out of keeping with the overall character of the area.

b) Residential amenity (policies CS1 and CS9).The development would not harm the residential amenity of the occupiers of nearby dwellings.

c) Highway safety and parking (policies HG5, T4 and CS1). The proposal provides adequate space for the parking of vehicles for property.

Recommendation

That for the following reasons the Planning Committee Permit this application:

1. The site is within the limits to built development where there is no objection to the principle of the proposed development.

2. The development would not be harmful to the residential amenities of nearby dwellings.

3. The scale, location and design of the development would respect the context of the site and preserve the visual amenities of the locality.

4. The development makes adequate provision for the parking of vehicles within the application site.

Permit

Subject to the following conditions:

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 & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Written details and samples of bricks, tiles and cladding materials to be used externally shall be submitted to and approved by the Local Planning Authority in writing 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. The approved motor vehicle parking facilities as shown on DHA/7264/02 Rev C shall be provided before the development to which they relate is brought

10.6 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

into use and they shall thereafter be retained available for ancillary parking of motor vehicles and access to the facilities shall not be precluded.

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

4. Details of wheel washing facilities on the application site shall be submitted to and approved by the Local Planning Authority in writing and shall be provided in accordance with the proposed details prior to works commencing on site and thereafter shall be maintained in an effective working condition.

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.

5. Details of walls and fences to be erected within the development shall be submitted to and approved by the Local Planning Authority before the development commences. The walls and fences shall then be erected before the dwellings are occupied in accordance with the approved details unless previously agreed in writing by the Local Planning Authority.

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

6. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway details of which shall have been submitted to and approved in writing by the Local Planning Authority before the dwellings hereby permitted are commenced and the works shall be carried out in accordance with the approved details.

Reason: In the interests of highway safety.

7. The development hereby permitted shall not be begun until a scheme to deal with contamination of land and/or groundwater has been submitted and approved by the Local Planning Authority and until the measures approved in that scheme have been implemented. The investigation report shall be conducted and presented in accordance with the guidance in CLR11 "Model Procedures for the Management of contaminated land “published by the Environment Agency. The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement specifically and in writing:

(i) A desk-top study carried out by a competent person to identify and evaluate all potential sources and impacts of land and/or groundwater contamination relevant to the site. The requirements of the Local Planning Authority shall be fully established before the desk-top study is commenced and it shall conform to any such requirement. Two full 10.7 Ashford Borough Council - Report of Development Control Managers Planning Committee 26 May 2010 ______

copies of the desk-top study and a non-technical summary shall be submitted to the Local Planning Authority without delay upon completion.

(ii) A site investigation shall be carried out by a competent person to fully and effectively characterize the nature and extent of any land and/or groundwater contamination, and its implications. The site investigation shall not be commenced until:

(a) A desk-top study has been completed, satisfying the requirements of paragraph (1) above.

(b) The requirements of the Local Planning Authority for site investigations have been fully established, and

(c) The extent and methodology have been agreed in writing with the Local Planning Authority. Two full copies of a report on the completed site investigation shall be submitted to the Local Planning Authority without delay upon completion.

3. A written method statement for the remediation of land and/or groundwater contamination affecting the site shall be agreed in writing with the Local Planning Authority prior to commencement, and all requirements shall be implemented and completed to the satisfaction of the Local Planning Authority by a competent person. No deviation shall be made from this scheme without the express written agreement of the Local Planning Authority. Two full copies of a full completion report confirming the objectives, methods, results and conclusions of all remediation works shall be submitted to the Local Planning Authority.

Reason: To control pollution of land or water in the interests of the environment and public safety.

Note: For further information and technical guidance regarding the requirements of this condition applicants should contact the Borough Council’s Environmental Protection Team (01233 330227).

Background Papers

Letter from Kent Highways 4 May 2010

Comments from Environmental Services 7 May 2010

Contact Officer: Carol Ridings – Telephone: (01233) 330247

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