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PLANNING STATEMENT
PILGRIMS RETREAT, HOGBARN LANE, HARRIETSHAM, KENT, ME17 1NZ
ON BEHALF OF SINES PARKS LUXURY LIVING LIMITED
TOWN & COUNTRY PLANNING ACT 1990 (AS AMENDED) PLANNING AND COMPULSORY PURCHASE ACT 2004
Pegasus Group
Pavilion Court | Green Lane | Garforth | Leeds | LS25 2AF T 0113 287 8200 | W www.pegasusgroup.co.uk Birmingham | Bracknell | Bristol | Cambridge | Cirencester | Dublin | East Midlands | Leeds | Liverpool | London | Manchester | Newcastle | Peterborough | Solent
©Copyright Pegasus Planning Group Limited 2011. The contents of this document must not be copied or reproduced in whole or in part without the written consent of Pegasus Planning Group Limited Pilgrims Retreat | Planning Statement
CONTENTS:
Page No:
1. INTRODUCTION 1 2. PLANNING HISTORY 2 3. SITE DESCRIPTION 10 4. PLANNING STRATEGY FOR CURRENT APPLICATIONS 12 5. PLANNING POLICY AND GUIDANCE 15 6. ASSESSMENT OF THE DEVELOPMENT PROPOSALS 17 7. PLANNING OBLIGATIONS 22 8. CONCLUSION 23
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Pilgrims Retreat | Planning Statement
1. INTRODUCTION
1.1 This Planning Statement has been prepared on behalf of Sines Park Luxury Living Limited (the Applicant), in support of two planning applications on part of the land at Pilgrims Retreat Caravan Site (Pilgrims Retreat), Hogbarn Lane, Harrietsham.
1.2 The applications comprise:
Application 1:
“Section 73A Application to vary conditions 1, 2 and 4 pursuant to G77/E/989 (T/APP/C/96/U2235/643714) for the use of the land for use as a caravan site.”
Application 2:
“Retrospective application for a material change of use of land for use as a caravan site”.
1.3 The planning applications follow extensive planning history, and most recently dialogue with Maidstone Borough Council. A detailed summary of the relevant planning history of the wider site is provided in Section 2 of this Statement, which provides the background and planning rational for the two planning applications.
1.4 Most notably, Members of Planning Committee, on 27 February 2020 resolved to delay enforcement action following refusal of an earlier planning application to regularise development on the caravan site. Members resolved to provide an opportunity to submit a further alternative application (by 27 November 2020) in consultation with an appointed Steering Group. Due to the Covid-19 pandemic, Members extended the date for submission by 3 months to 27 February 2021.
1.5 The purpose of this Planning Statement and supporting documents is to demonstrate that the proposals are acceptable in planning terms and suitable for the grant of planning permission.
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2. Planning History
2.1 Pilgrims Retreat has a complex planning history spanning several decades, which has been reviewed in detail and set out below.
2.2 Most recently, a part retrospective application and change of use application (app ref. 19/502469/FUL) was submitted and validated on 7 June 2019. This application sought to regularise the development taken place on site. The planning application was subsequently refused at Planning Committee on 26 September 2019. Appendix A – Notice of Decision app ref. 19/502469.
2.3 Members of Planning Committee then considered a recommendation from Officers on 27 February 2020, to serve enforcement notice on the Applicant following refusal of the 2019 application. In the interest of the residents on site, Members resolved to provide the Applicant an opportunity to submit a further alternative application in consultation with an appointed Steering Group, by 27 November 2020. Appendix B – Meeting Minutes 27 February 2020. Due to the Covid-19 pandemic, Members extended the date for submission of an alternative permission by 3 months to 27 February 2021. Appendix C - Meeting Minutes 26 November 2020.
2.4 Through Council Officers, the Steering Group set out their agreed Negotiating Position in writing on 24 June 2020. The seven key areas raised by the Steering Group include:
1. Number of caravans across the whole of the site, should not exceed 198;
2. Proposals for the re-planting of the woodland area within south-eastern section of the site and a hedgerow along the extreme southern boundary of the site;
3. A planting specification requested to accompany the Landscape Strategy Plan;
4. Investigative works to ascertain whether passing places could be installed along all or parts of Hogbarn Lane and Stede Hill, and consideration of a shuttle bus service;
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5. In respect of planning contributions, The Steering Group placed significant weight on landscape restoration and Adult Social Care;
6. Full details of foul and surface water disposal should be submitted with any application; and
7. A Health and Safety Risk Assessment should be submitted to assess the layout and spacing of caravans, adequate disposal of surface water in place to prevent flash flooding and any retained walls are safe.
2.5 The Applicant welcomed the opportunity to engage with the Steering Group to progress each of the seven keys areas identified, and this Planning Statement will demonstrate how the Applicant has sought to address each area within later Sections.
2.6 The table below provides a summary of the planning application history to date of the application sites and the wider site.
Ref. Description of Development Decision
67/145 Residential and recreational caravan site Permitted 1967
68/0230 Outline application for one residence in connection with the Refused efficient running and administration of the caravan park. 01/11/1968
83/0934 Construction of internal roads, car parking and caravan Approved hardstandings for 178 holiday caravans and 1 residential caravan 25/11/1983
85/1597 Use of caravan for camping in addition to caravans Approved 13/12/1985
G77/E/989 Enforcement Notice A – without planning permission: (1) the Notices excavation, levelling and grading of the land, (2) the laying of a Quashed and Appeal ref. tarmac chipping trackway, (3) the installation of electrical permission T/APP/C/96/U22 services including lighting and caravan power connection granted 35/643713 points, (4) the erection of a toilet block and waste bin area on 26/06/1997 Appeal ref. the land. T/APP/C/96/U22 Enforcement Notice B – without planning permission, change of 35/643714 use of the land to use as a caravan site
96/1132 Use of land for the siting of 180 holiday caravans and 18 Refused residential caravans (including extension to currently permitted Appeal ref. site) 18/10/1996 T/APP/U2235/A/ 96/273772/P6 Appeal Allowed 26/06/1997
97/3459 Submission of details pursuant to condition 6(i) of Appeal Approved Decision reference No. PP/U2235/A/96/273772 (related to
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Ref. Description of Development Decision
MA/96/1132N) 08/10/1997
02/2056 Variation of condition 04 of MA/96/1132 to enable static holiday Approved caravans to be sited on an area of the southern part of the site restricted to touring caravans 20/08/2003
03/2343 Variation of condition 2 of planning permission MA/96/1132 Approved relating to Hogbarn Caravan Park, Harrietsham to extend the Park's season from 8 months to 10 months 15/14/2004
07/0142 Variation of condition 1 of MA/96/1132 to increase the number Refused of residential units on site from eighteen to twenty-seven with reduction of holiday units from 180 to 171 10/09/2007 Appeal Dismissed 28/07/2008
11/2190 Variation of condition 2 of permission MA/03/2343 (extension Approved of the holiday park's season from 8 months to 10 months) to allow the use of touring caravans, tents and static caravans for 23/04/2012 holiday purposes all year round (excluding the 18 permitted residential static caravans)
11/1753 Retrospective application for stationing of mobile home for Approved residential accommodation by caretaker, as shown on site plan and photographs received on 13th October 2011. 13/12/2011
12/0040 An application for discharge of conditions relating to Approved MA/11/1753 (Retrospective application for stationing of mobile home for residential accommodation by caretaker) 01/10/2012
13/0724 Application to vary condition 4 of MA/96/1132 to allow an Refused expansion of the area used for siting static caravans and operational development to alter land levels (partly 08/08/2013 retrospective) Appeal Dismissed 07/04/2014
13/1435 Application to vary condition 4 of MA/96/1132 to allow an Approved expansion of the area used for siting static caravans and operational development to alter land levels (partly 31/10/2013 retrospective and resubmission of MA/13/0724)
15/502481/SUB Submission of Details pursuant to Condition 1 - Trees and Refused Hedgerow and Condition 3 - Future Management of the retained Coppice of MA/13/1435. 29/06/2015
17/506484/FUL Variation of condition 1 and 4 of MA/96/1132 to provide for the Declined to retention of the expansion of the area used for siting static Determine holiday caravans and allow an increase in the number of static holiday caravans allowed to be sited. 27/09/2018
19/502469/FUL Retrospective planning application for the change of use of land Refused from mixed uses (leisure (180 caravans) and residential (19 caravans) to a residential park home site comprising the siting 27/09/2019 of 248 caravans, including engineering works to create terracing, retaining walls, and the extension of the site along the south eastern boundary.
Ancillary Uses
84/0907 Provision of Managers accommodation, site amenity rooms and Approved toilets (to serve swimming pool) and covered swimming pool,
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Ref. Description of Development Decision
as validated on the 24/07/84) 30/08/1984
94/0474 Erection of single storey extension to existing service block Approved 22/07/1994
98/1576 Demolition of existing w.c./shower and laundry blocks and Approved erection of single storey link extension to clubhouse 20/12/1998
08/1128 Extensions and alterations to clubhouse as shown on drawing Approved nos. ABD/852, ABD/852/1, ABD/852/2, A1 caravan layout plan and A4 site location plan received on 2nd June 2008 and 16/04/2009 ABD/852/6 RevA, ABD/852/5 RevB and ABD/852/9 RevB received on 20th February 2009.
11/0897 Erection of a double garage Approved 05/08/2011
12/0388 Extension to clubhouse to form indoor bowls facility Approved 23/08/2012
11/0384 Advertisement consent for the installation of an externally Refused illuminated freestanding sign (retrospective application) 06/05/2011
12/1910 Sign 3.2 metres wide by 3 metres high, to be no more than 1.5 Permitted metres above ground level and sign illumination not exceeding 100CD/sqr metre 11/10/2013
ENF/10987 Unauthorised Signage and 19th residential caravan -
10/1620 An application a Certificate of Lawful Development for an Withdrawn existing use being the stationing of a mobile home for by Applicant residential purposes
12/0378 Erection of shop and offices building in accordance with plans Approved received on 2 April 2012 04/02/2013
13/0853 An application to discharge conditions relating to MA/12/0378 Permitted (Erection of shop and offices building). Being details of Condition 2 - Materials, Condition 4 - Scheme of Landscaping, 22/10/2018 Condition 5 - Planting, Condition 6 - Surface Water Drainage Scheme, Condition 7 - Swift/Bat/Bird Boxes
Table 1
2.7 The Applicant has sought a Legal Opinion on the validity of earlier permissions and how the current lawful use of the site should be determined. A copy of the Legal Opinion dated 8 January 2020 was previously provided to the Council. A summary of the key permissions considered within the Legal Opinion is detailed below.
2.8 The application sites and the wider site have a long history of use as a caravan site, albeit based on temporary seasonal permissions granted on appeal in 1952 and 1959.
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1967 Planning Permission (app ref. 67/145)
2.9 In 1967, on land adjacent to the current applications, planning permission was granted for development described as “residential and recreational caravan site”, subject to two conditions, the first limiting the number of residential caravans to 18 and the second limiting the number of holiday caravans to 180 between March and October (inclusive) in any one calendar year.
2.10 A site plan associated with this application is provided as Appendix D, however a colour copy is not available. The application form indicates that the site area for this application was 12 acres of the 15 acres in the ownership of the applicant.
2.11 On 25 November 1983 planning permission was granted for the operational development necessary to operate the development permitted under the 1967 permission. The permission contained two conditions, one of which the applicant at the time appealed against. The Secretary of State determined that express planning permission was not required for the necessary infrastructure works as it comprised permitted development in accordance with Class XXIII of the Town and Country Planning General Development Order 1977.
1985 Planning Permission (app ref. 85/1597)
2.12 A later permission on 13 December 1985 was granted, on land adjacent to the current applications. The site plan for this application is that area covered by the 1967 permission and additional areas to the south and south-east. Appendix E – 1985 Permission Site Plan. This permission was subject to two conditions, the first a standard commencement condition and the second limited the number of “tent pitches” to 30.
2.13 There is some confusion to the description of development. The notice of decision states “use of caravan for camping in addition to caravans”. The description of development inserted on the Development Application File was “use of caravan site for camping in addition to caravans” and the application form indicated permission was sought for “use of the site for camping in addition to the existing use of caravans”.
2.14 To determine the approved description of development, the Legal Opinion concluded that a common-sense approach should be applied in reading in the
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word “site” to the description of development in order to give it proper effect, that being a “use of caravan site for camping in addition to caravans”.
2.15 It is therefore considered, the 1985 Permission provides for a caravan and camping site, the number of tents being limited to 30. Importantly, there are no constraints on the number, type, or manner of use of the caravans permitted.
2.16 The 1985 Permission is not a variation of the 1967 Permission and as such the 1985 Permission is considered to be a standalone permission which provides unrestricted caravan use within the northern part of the wider Pilgrims Retreat site, together with up to 30 tents for camping purposes.
1997 Enforcement Permission (LPA Enforcement ref. G77/E/989 / Appeal ref. T/APP/C/96/U2235/643713 & Appeal ref. T/APP/C/96/U2235/643714)
1997 Appeal Permission (app ref. MA/96/1132N / Appeal ref. T/APP/U2235/A/96/273772/P6)
2.17 Appeals against a refusal of planning permission and two enforcement notices were determined on 26 June 1997. The enforcement notices related to a material change of use of land to use as a caravan site and associated operational development (LPA enforcement ref. G77/E/989). The associated enforcement plan clearly shows the extent of land to which the notices relate to, as land to the immediate south of the 1985 permission and lying entirely outside of earlier permissions. Appendix F - 1997 Enforcement Plan (G77/E/989).
2.18 The concurrent planning appeal (under Section 78) against the refusal (app ref. MA/96/1132N) related to the entirety of the 1985 permission land and the land to which the enforcement notices apply. However subsequent applications to vary conditions suggest that the area to the north included within the 1985 permission land was not part of the 1997 permission, but within the ownership of the applicant. Appendix G - 1997 Appeal Plan (MA/96/1132N).
2.19 The Inspector resolved the appeals in the following manner:
Enforcement Appeals – planning permission was granted on the applications deemed to have been made for the development already carried out, namely the use of the land and operational development, for the use as a caravan site subject to 8 planning conditions (1997 Enforcement Permission).
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Planning Appeal – use of the land granted for the siting of 180 holiday caravans and 18 residential caravans in accordance with the terms of the planning, subject to the same conditions applied to the deemed applications in the enforcement appeals (1997 Application Permission).
2.20 Given the identical nature of the 1997 Enforcement Permission and the 1997 Appeal Permission as both apply to the enforcement area, only one of the permissions can have been implemented. It would not be unreasonable to argue that the 1997 Enforcement Permission was implemented in favour of the 1997 Appeal Permission, particularly on the basis that the 1997 Enforcement Permission related to deemed applications for existing development within the southern part of the wider Pilgrims Retreat site (the area enforced against in the 1997 Enforcement Permission).
2.21 Several applications to vary planning conditions on the 1997 Appeal Permission proceeded to allow: 10 static caravans on the 1997 Enforcement Permission land; Extensions to the Parks season to all year round and; to allow expansion of the area for the (holiday) caravans and operational development to alter levels (app ref. 13/1435).
2.22 Various other permissions have been subsequently granted including an extension to the clubhouse and stationing of a mobile home for residential occupation by a caretaker.
Summary of Planning History
2.23 It is clear from the planning history review, the site benefits from two distinct planning areas for caravan use across much of the Pilgrims Retreat caravan site.
2.24 The 1985 Planning Permission, on land adjacent to the current applications, is considered a standalone permission which provides unrestricted caravan use within the northern part of the wider Pilgrims Retreat site, together with up to 30 tents for camping purposes.
2.25 The 1997 Enforcement Permission relates to land to the south of 1985 planning permission area. The 1997 Enforcement Permission relates to a deemed application for existing development on land within the southern part of the wider Pilgrims Retreat site for a material change of use of land to use as a caravan site and associated operational development – as detailed within the requisite notices.
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2.26 Having established the lawful operative permissions for the wider Pilgrims Retreat site and considering The House of Lords decision in Newbury DC v Secretary of State for the Environment [1981] A.C. 578, consideration should be given to the effect of a subsequent planning permission which purports to grant permission for use rights already established under an earlier permission.
2.27 With established permissions in place, it is considered unnecessary for the Applicant to submit a fresh planning application to regularise development across the entire site when existing use rights exist.
2.28 The Applicant is therefore seeking to vary the 1997 Enforcement Permission to regularise development which sits outside the 1985 Permission land (under Application 1). In addition, the extension of the site along the southern boundary does not benefit from lawful planning permission, and as such the Applicant is seeking retrospective planning permission for change of use of this land (under Application 2).
Site Licence
2.29 The caravans on site meet the legal definition of a caravan. Caravans are required to operate under the terms of a residential Caravan Site Licence. As such the siting of such caravans represents a change of use of land and the layout of each caravan must comply with the Site Licence conditions in terms of spacing, density, layout, and drainage. Site Licence conditions will follow the guidance contained in the 2008 Model Standards.
2.30 Maidstone Borough Council documents confirm Pilgrims Retreat caravan site has a valid Site License.
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3. SITE DESCRIPTION
3.1 The applications relate to land and development at Pilgrims Retreat, located off Hogbarn Lane. Pilgrims Retreat is located approximately 3km north of Harrietsham and 16km to the east of Maidstone in Kent.
3.2 The sites are located within the open countryside and the Kent Downs Area of Outstanding Natural Beauty (AONB).
3.3 Application 1 comprises 4.02 hectares of land and Application 2 comprises 0.56 hectares. Land also within the Applicant’s ownership is included within the blue on the submitted plans.
Figure 1. Application 1 Figure 2. Application 2
3.4 The site slopes from north to south from Hogbarn Lane to the existing tree belt to the south. Pilgrims Retreat is covered by a Tree Preservation Order (no. 10 2003).
3.5 There are no public rights of way within Pilgrims Retreat. The closest lies at approximately 120m to the west of the site at its nearest point (Ref: KH209A).
3.6 The nearest settlement to the site is Ringlestone, which lies just 1.2km to the north-west of Pilgrim’s Retreat. The village of Lenham is located just over 5km to the south-east of the site. Lenham has a railway station, several shops including a village store, a baker and a greengrocer, a Post Office, a library, a doctor’s surgery, a dentist, several pubs, a pharmacy, a hairdresser, and various restaurants and takeaways.
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3.7 Pilgrims Retreat currently comprises caravans, car parking, a park office, and clubhouse. The clubhouse incorporates a range of leisure facilities, including swimming pool, gym, bar, and restaurant.
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4. PLANNING STRATEGY FOR CURRENT APPLICATIONS
4.1 The Applicant has identified the need to retain 217 caravans on site to safeguard the existing households. Evidence has been provided to the Steering Group in support of the required numbers.
4.2 The Applicant has sought to rationalise the site, by relocating caravans to the northern part of the caravan site where unrestricted permanent residential caravan use has been demonstrated in the 1985 permission. Using Caravan Site license requirements, a total of 133 caravans can be accommodated within the northern part of the site without the requirement for further planning permission. Leaving the balance of 84 caravans to be retained on the southern area of the Pilgrims Retreat site. This southern area also benefits from lawful permission, in the 1997 Enforcement Permission for change of use of land for use as a caravan site.
4.3 In negotiation with the Steering Group, the southern area is proposed to be reconfigured by consolidating 84 caravans to one area and allow for the implementation of a new native woodland. The amended layout also allows for further planting along other boundaries.
4.4 As set out in section 2 of this Statement, the southern area of the Pilgrims Retreat site benefits from the 1997 Enforcement Permission, where planning permission was granted on the application deemed to have been made for the development already carried out, namely the use of the land, for use as a caravan site.
4.5 The Applicant is therefore seeking to vary this 1997 Enforcement Permission and the description of development includes:
Application 1:
“Section 73A Application to vary conditions 1, 2 and 4 pursuant to
G77/E/989 (T/APP/C/96/U2235/643714) for the use of the land for use
as a caravan site.”
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4.6 The changes to the proposed conditions are detailed in Table 2:
No. Existing Condition Wording Proposed Condition Wording
1. The combined areas shown edged red and The area shown edged red shall be used for a edged and hatched red (“the site”) on the plan maximum of 84 residential caravans. submitted with planning application reference MA/96/1132 dated 23/08/96 (“the plan”) shall be used for a maximum of 18 residential caravans plus holiday units comprising static caravans, touring caravans and tents, subject to the number of such holiday units not exceeding a total of 180.
2. The site shall not be open to touring caravans The site shall not be open to touring caravans and tents, and static caravans shall not be and tents. occupied, between 1 November in any one year and 28 February in the succeeding year.
3. Notwithstanding the provisions of the Town No change proposed and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no caravan or camping development permitted by Article permitted by Article 3(1) and Parts 4 and 5 of Schedule 2 of that Order shall take place on the site or the area edged blue on the plan.
4. Within the area hatched and edged red on the Only those areas identified for the location of plan only touring caravans shall be sited, with caravans shall be so used. a maximum number of 25 at any one time, and, subject to condition 5, only those areas which have already been cleared and levelled shall be so used.
5. The most western of the three cleared and No change proposed as this condition is spent levelled areas within the area hatched and edged red on the plan shall not be used for the siting of touring caravans until the local planning authority have indicated in writing their satisfaction that the planting required under condition 6 has matured sufficiently for the presence of caravans on that part of the site to be no longer visible from the public footpath to the south of the site.
6. The use hereby permitted shall cease within No change proposed as this condition is spent 28 days of any one of the following requirements not being met: i. Within 3 months of the date of this letter there shall have been submitted for the approval of the local planning authority a scheme for the provision and management of landscaping and for replacement lighting within the area hatched and edged red on the plan and for additional planting within and future management of the existing landscaping strip on the western boundary of the area edged red on the plan (hereafter referred to as a landscaping scheme) and the said scheme shall include a timetable for its implementation. ii. Within 11 months of the date of this
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No. Existing Condition Wording Proposed Condition Wording
letter a landscaping scheme shall have been approved by the local authority or, if the local planning authority fail to approve such a scheme, of fail to give a decision within the prescribed period an appeal shall have been lodged approved by the Secretary of State for the Environment. iii. In the event of an appeal being made in pursuance of requirement (ii) above, that appeal shall have been finally determined and the submitted landscaping scheme shall have been approved by the Secretary of State. iv. All works comprised in the landscaping scheme as approved shall have been implemented, and completed within the timetable set out in the approved scheme.
7. In the event of the use ceasing by virtue of No change proposed as this condition is spent condition 6, the following actions shall be taken on the land edged and hatched red on the plan within three months of the use ceasing: i. Excavate the levelled areas and regrade the land to that previously existing to match the surrounding slope and levels; ii. Excavate the trackway and remove all resultant materials from the land; and iii. Excavate and remove all electrical services, fittings and fixtures.
8. The existing mobile toilet block sited within No change proposed as this condition is spent the area hatched and edged red on the plan shall be removed within one month of this decision.
Table 2
4.7 Furthermore, the extension of the site along the southern boundary does not benefit from lawful planning permission, and as such the Applicant is seeking retrospective planning permission for:
Application 2:
“Retrospective application for a material change of use of land for use as a caravan site.”
4.8 There are no proposals to amend the point of access from Hogbarn Lane, the Park Office or the Clubhouse.
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5. PLANNING POLICY AND GUIDANCE
5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) does not change the statutory status of the development plan as a starting point for decision making but states the importance of the existence of an up-to-date development plan.
The Development Plan
5.2 The current development plan consists of the Maidstone Borough Local Plan (2017). The key policies relevant to the submitted applications are:
• Policy SP17 - Countryside • Policy SP19 – Housing Mix • Policy SP20 – Affordable Housing • Policy DM 1 – Principles of Good Design • Policy DM2 – Sustainable Design • Policy DM3 – Natural Environment • Policy DM 21 – Assessing the transport impacts of development • Policy DM 30 – Design Principles in the Countryside
National Planning Policy Framework (2019)
5.3 The Revised NPPF sets out the Government’s economic, environmental, and social planning policies for England. Taken together, these policies articulate the Government’s vision of achieving sustainable development, which should be interpreted and applied locally to meet local aspirations.
5.4 The key elements of the NPPF relevant to these proposals are:
• Achieving sustainable development • Decision Making • Delivering a sufficient supply of homes • Promoting sustainable transport • Conserving and enhancing the natural environment
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Other Relevant Policies
5.5 The following documents have been given consideration:
• Kent Down Area of Outstanding Natural Beauty Management Plan • Maidstone Borough Landscape Character Guidelines Supplementary Planning Document
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6. Assessment of the Development Proposals
6.1 This chapter provides an assessment of the development proposals against the relevant policies of the Development Plan, along with identified material considerations including national planning and relevant guidance.
6.2 This section seeks to provide reasoned justification for the principle of development and an assessment of other material considerations against planning policy and supporting guidance.
Principle of the development
6.3 It has been demonstrated that the land within Application 1 is afforded the benefit of an extant permission for caravan use under the 1997 Enforcement Permission. The description of development does not restrict caravan uses, rather conditions 1, 2 and 4 set restrictions on use and numbers, albeit in contradiction to one another.
6.4 The Applicant is therefore seeking to vary planning conditions attached to the 1997 Enforcement Permission.
6.5 The Planning Practice Guidance (PPG) makes clear that: “An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission.” Paragraph: 013 Reference ID: 17a-013-20140306
6.6 It is considered entirely appropriate and necessary to submit the Section 73A application to vary specific conditions imposed on the 1997 Enforcement Permission to restrict and secure 84 residential caravans on the southern area of Pilgrims Retreat.
6.7 In respect of Application 2, the retrospective application proposes the material change of use of undeveloped land to caravan use for the purposes of preserving site drainage associated with Pilgrims Retreat. Save for minimal caravan encroachment with the redline overlapping the edge of the caravans, there are no proposals for physical development within this area. The principle of change of use is therefore considered appropriate in this location, without detriment to the site’s location within the AONB.
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6.8 The Applicant has also sought to demonstrate there are no other material considerations to outweigh the application to vary conditions through the preparation of supporting technical documentation.
Design
6.9 The existing point of access from Hogbarn Lane will be retained for Pilgrims Retreat.
6.10 The general location of development has been agreed in negotiation with the Steering Group. The southern area is proposed to be reconfigured by consolidating the area for the 84 caravans and allowing for the implementation of a new native woodland. The amended layout also allows for further planting along other external boundaries of Pilgrims Retreat.
6.11 The arrangement and design of the caravans follows the Caravan Site License and the Model Standards which provides guidance on the maximum size of caravans, density, spacing and parking between caravans. The design and layout are not required to be assessed against design related planning policies.
6.12 Caravans will be removed from the area of the proposed new native woodland to allow for the planting of approximately 4,200 proposed plants and wildflower grass edge to the woodland. A 3m wide track providing access to the foul drainage tank for maintenance will be retained through the woodland.
6.13 A new wildflower grass strip and woodland edge planting along the southern boundary is proposed. To the west of the site, approximately 11 advanced nursery stock trees planted within the new mixed tree and shrub planting and; New mixed tree and shrub planting with wildflower grass edge, comprising approximately 1,700 proposed plants.
6.14 The planning applications are accompanied by a detailed Landscape Masterplan and planting schedule. The Applicant has agreed to ensure the long-term management and maintenance of the proposed landscaped areas are appropriately secured through the applications.
Landscape and Visual Assessment (LVA) considerations
6.15 Policy SP17 of the Local Plan sets out guidance for the management of new development within the countryside and provides great weight to the
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conservation, enhancement and setting of the AONB. Development proposals within the Countryside will not be permitted unless they accord with other policies in this plan and they will not result in harm to the character and appearance of the area. Development in the countryside will retain the separation of individual settlements.
6.16 The LVA prepared in support of the proposals considers the relevant landscape designations and policies affecting the site, including the element of protected landscape afforded by the AONB designation.
6.17 Considering the existing character of Pilgrims Retreat and the local surroundings, there is not considered to be any greater than a minor adverse effect upon landscape character. The proposed development would not appear incongruous within the local landscape context which already comprises caravans under deemed consents.
6.18 In negotiation with the Steering Group, new native tree and shrub planting is located within the south-western-most parts of the applications. In addition, approximately 1ha of the former coppice woodland would be reinstated to the east. In this regard the proposal accords with local plan policy SP17.
Highways & Transportation
6.19 A Transport Statement and Travel Plan have been submitted in support of the planning applications. These documents outline the relevant transport considerations for 84 caravans.
6.20 The Travel Plan sets out sustainable travel options available to residents of the site and a series of measures and initiatives to promote and enhance sustainable travel opportunities.
6.21 A minibus is also in operation for the residents of the site, which is used to facilitate trips to local facilities and amenities. It is understood that the minibus service 'club' is operated by a resident of the site.
6.22 The Applicant advises that the minibus is frequently used by groups of residents to access local destinations including Harrietsham and Maidstone. Residents typically arrange times to travel to local services, facilities, and amenities via the minibus to avoid single occupancy vehicle trips.
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6.23 A strategy to install and upgrade passing places along Hogbarn Lane and Stede Hill has been investigated as part of the planning application submission, at the request of the Steering Group. The strategy is subject to liaison with the Kent County Council. It is anticipated that the strategy will be delivered under a S278 Agreement with the local highway authority at Kent County Council.
6.24 In conclusion, an assessment of the trip generation of proposed caravan numbers will not have a detrimental effect on the surrounding highways network in accordance with both local and national policies. Furthermore, the introduction of the minibus provides a beneficial effect in reducing the number of single occupancy trips from the site.
Drainage Strategy
6.25 Matters in respect of the surface water and foul water for caravan sites is covered by the Caravan Site Licensing. However, the Applicant notes the Steering Group’s request for any forthcoming application to be accompanied by full details of both surface water and foul drainage systems.
6.26 In terms of surface water, the run-off from the caravans, currently drains from the roofs via downpipes, onto the adjacent impermeable driveways and access roads. The surface water is collected in a network of pipes beneath the Pilgrims Retreat site, which transports water into a ditch located to the south of the site. A detailed CCTV drainage survey of the existing on-site pipe network has been undertaken to verify the existing drainage systems on site are adequate for the 84 caravans alongside the wider Pilgrims Retreat site.
6.27 With regards to foul drainage, as the Council is aware, the Applicant is currently working with the Environment Agency (EA) to obtain a Bespoke Discharge Licence. As it will be a Bespoke Licence it will be for the EA to determine what the allowable discharge levels of Biological Oxygen Demand, Suspended Solids and Ammoniacal Nitrogen are and this in turn will determine the type and design of the sewage treatment unit(s) to be installed. As the installation of these units would be permitted through permitted development rights that flow from the site licence, this is not a matter that would require detailed consideration in a planning application, save for the general location in which they will be sited.
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Pilgrims Retreat | Planning Statement
6.28 The Council can be assured that any pollution or other disturbance would be dealt with by the EA, whose statutory powers are more powerful and wide ranging than those available to the Council.
6.29 The site can readily meet any technical requirements to manage both flood risk and the disposal of foul sewage.
Health and Safety Risk Assessment
6.30 In respect of Health and Safety at the site, we can advise the Steering Group that such matters are addressed through the Caravan Site Licencing process. Conditions attached to the Caravan Site Licence contain several matters which are directed towards the safety of residents, including the layout, and spacing of caravans. We are therefore of the view that such matters are not a consideration for this application, as they are controlled through other legislation.
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7. Planning Obligations
7.1 In respect of developer contributions, the schedule of S106 contributions identified through the course of the previous application, will require further justification to demonstrate they are reasonably related to the current planning applications.
7.2 Pilgrims Retreat is solely for the use of over 50’s and there are no opportunities for families with children to be located on site. It is the strict policy of the park that nobody under the age of 50 resides on the park. As such, any developer contributions sought, should relate fairly to the proposals for 84 caravans and use. Contributions in relation pupil places at local schools or matters in relation to Youth services is considered unreasonable considering the development proposals.
7.3 It is noted that the Steering Group place significant weight on landscape restoration and adult social care and as such the Applicant is therefore seeking to liaise with the Council on the assessment of each contribution against the legal tests.
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Pilgrims Retreat | Planning Statement
8. Conclusion
8.1 The development proposals comprise a s.73A application to vary planning conditions 1, 2 and 4 of deemed application (ref. G77/E/989 / (T/APP/C/96/U2235/643714)) and a further application for a material change of use of land along the southern boundary. The applications follow the Planning Committee’s resolution to provide an opportunity for the Applicant to submit a further alternative application.
8.2 This application demonstrates the current lawful use on site and the need not to introduce fresh applications in the presence of deemed and lawful consents.
8.3 The proposals will ensure a restriction on the number of residential caravans to 84, a sizeable landscaping scheme including a new native woodland and additional planting and; land required to safeguard the site’s drainage infrastructure.
8.4 The applications will continue to provide homes for the existing residents on site, and this statement demonstrates there are no adverse impacts upon the AONB, highway safety or drainage resulting from the proposed applications.
8.5 The applications accord with national and local planning policy and should be approved planning permission.
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Pilgrims Retreat | Planning Statement
APPENDICES
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Pilgrims Retreat | Planning Statement
APPENDIX A
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Sines Parks Luxury Living Limited C/O Pegasus Group F.A.O Mrs Krishna Mistry Pavilion Court
Green Lane Garforth Leeds LS25 2AF
27 September 2019
PLANNING DECISION NOTICE
APPLICANT: Sines Parks Luxury Living Limited
DEVELOPMENT TYPE: Large Major Other
APPLICATION REFERENCE: 19/502469/FULL
PROPOSAL: Retrospective application (in part) for the change of use of land from a mixed use of holiday units (180 caravans) and residential (18 caravans) to a residential park home site (for full-time residential occupation) comprising the stationing of 248 caravans, including engineering works to create terracing, hardstanding, retaining walls, and the extension of the site along the south eastern boundary. This is as shown on drawing references: 24105se-01; 02; 03; 04; 05; 06; and 07; P18-2071-004B; 005C; 006C; 007B; 010; 011; Planning and Design and Access Statement; Transport Technical Note; Travel Plan; Transport Statement; FRA and Drainage Strategy (Aug 2019); Landscape and Visual Assessment; Arboricultural Impact Assessment; and Preliminary Ecological Appraisal.
ADDRESS: Pilgrims Retreat Hogbarn Lane Harrietsham ME17 1NZ
The Council hereby REFUSES Planning Permission for the above for the following Reason(s):
(1) The development, by virtue of the site's extension and the level of engineering works undertaken to create terracing, hardstanding, and retaining walls within the southern section of the site; the loss (and further potential loss) of woodland and protected trees; the inadequate and inappropriate mitigation planting proposed; the addition of 50 more static caravans; and the increased light pollution resulting from more static caravans that
MKPS – Working in Partnership with: Maidstone Borough Council Please Note: All planning related correspondence for MBC should be sent to: Mid Kent Planning Support, Maidstone House, King Street, Maidstone ME15 6JQ Email: [email protected] Access planning services online at: www.maidstone.gov.uk; or submit an application via www.planningportal.gov.uk
are occupied permanently, fails to conserve and enhance the landscape and scenic beauty of the Kent Downs Area of Outstanding Natural Beauty, as well as the intrinsic character and beauty of the countryside hereabouts. The adverse impact upon this nationally designated landscape of the highest value is contrary to policies SS1, SP17, DM1, DM3 and DM30 of the Maidstone Local Plan (2017); the Maidstone Landscape Character Assessment (March 2012 amended July 2013) and 2012 Supplement; the National Planning Policy Framework; and the Kent Downs AONB Management Plan (2014-19) and its Landscape Design Handbook.
(2) The development is considered to be a major development in the Kent Downs Area of Outstanding Natural Beauty, and there are no exceptional circumstances to permit this development, and it has not been demonstrated that the development is in the public interest. The development is therefore contrary to paragraph 172 of the National Planning Policy Framework.
(3) The development would authorise 230 residential units in an isolated location that would also have poor access to public transport and be remote from local services and facilities, resulting in occupants being reliant on the private motor vehicle to travel to settlements to access day to day needs. In the absence of any overriding justification or need for the development demonstrated in the application, this is contrary to the aims of sustainable development as set out in policies SS1, SP17 and DM1 of the Maidstone Local Plan (2017) and the National Planning Policy Framework (2019).
(4) The application has failed to demonstrate that the residual cumulative vehicle movements associated to 230 new residential homes on this site would not have a severe impact on the local road network. This is contrary to policies DM1, DM21, and DM30 of the Maidstone Local Plan (2017) and the National Planning Policy Framework (2019).
(5) The application has failed to demonstrate that the site can provide adequate provisions for foul and surface water disposal for 248 residential units, posing a health and safety risk to the occupants of the site. This is contrary to Local Plan policy ID1, and the National Planning Policy Framework (2019).
(6) In the absence of an appropriate legal mechanism to secure necessary contributions towards community infrastructure in the borough, the impact of the development would place unacceptable demands on local services and facilities. This would be contrary to Local Plan policies SS1, ID1, DM19, and DM20 of the Maidstone Local Plan (2017); and the National Planning Policy Framework (2019).
(7) In the absence of an appropriate legal mechanism to secure affordable housing provision, the development would fail to contribute to the proven significant need for affordable housing in the borough. This would be contrary to Local Plan policies SS1, SP20, and ID1 of the Maidstone Local Plan (2017); and the National Planning Policy Framework (2019).
The Council’s approach to this application:
In accordance with paragraph 38 of the National Planning Policy Framework (NPPF), February 2019 the Council takes a positive and proactive approach to development proposals focused on solutions. We work with applicants/agents in a positive and creative way by offering a pre-application advice service, where possible, suggesting solutions to secure a successful outcome and as appropriate, updating applicants / agents of any issues that may arise in the processing of their application.
In this instance:
The application was considered to be fundamentally contrary to the provisions of the Development Plan and the NPPF, and these were not considered to be any solutions to resolve this conflict. The application was considered by the Planning Committee where the applicant/agent had the opportunity to speak to the Committee and promote the application. It is noted that the applicant/agent did not engage in any formal pre-application discussions.
IMPORTANT:- YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES
NOTIFICATION TO APPLICANT FOLLOWING REFUSAL OF PERMISSION OR GRANT OF PERMISSION SUBJECT TO CONDITIONS
This decision does not give approval or consent that may be required under any act, bylaw, order or regulation other than Section 57 of the Town and Country Planning Act 1990.
Appeals to the Secretary of State
If you are aggrieved by the decision of your local planning authority (LPA) to refuse permission for the proposed development, or to grant it subject to Conditions, then you can appeal to the Secretary of State (SoS) under Section 78 of the Town and Country Planning Act 1990. Please see “Development Type” on page 1 of the decision notice to identify which type of appeal is relevant.
If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice and if you want to appeal against the LPAs decision on your application, then you must do so within 28 days of the date of this notice.
If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against the LPA’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder or minor commercial application decision] of the date of this notice, whichever period expires earlier.
If this is a decision to refuse planning permission for a Householder application or a Minor Commercial application and you want to appeal the LPA’s decision, or any of the conditions imposed, then you must do so within 12 weeks of the date of this notice.
In all other cases, you will need to submit your appeal against the LPA’s decision, or any of the conditions imposed, within 6 months of the date of this notice.
Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN or online at www.planningportal.gov.uk/pcs.
The SoS can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.
The SoS need not consider an appeal if it seems to the SoS that the LPA could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.
Pilgrims Retreat | Planning Statement
APPENDIX B
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MAIDSTONE BOROUGH COUNCIL
PLANNING COMMITTEE
MINUTES OF THE MEETING HELD ON 27 FEBRUARY 2020 ADJOURNED TO 5 MARCH 2020
Present: Councillor English (Chairman) and 27 Councillors Adkinson, Brindle, Chappell-Tay, Eves, February Harwood, Kimmance, Munford, Parfitt-Reid, Perry, 2020 Vizzard, Wilby and Young
Also Councillors Garten, J Sams, T Sams, Springett and Present: Webb
203. APOLOGIES FOR ABSENCE
It was noted that apologies for absence had been received from Councillor Spooner.
204. NOTIFICATION OF SUBSTITUTE MEMBERS
It was noted that Councillor Young was substituting for Councillor Spooner.
205. NOTIFICATION OF VISITING MEMBERS
Councillor Garten indicated his wish to speak on the report of the Head of Planning and Development relating to application 19/505680/FULL (Eastfield Barn, Broad Street Hill, Hucking, Kent).
Councillors J and T Sams indicated their wish to speak on the report of the Development Manager relating to Pilgrims Retreat, Hogbarn Lane, Harrietsham, Kent.
Councillor Springett indicated her wish to speak on the report of the Head of Planning and Development relating to application 19/506376/FULL (29 The Landway, Bearsted, Maidstone, Kent).
Councillor Webb indicated his wish to speak on the report of the Head of Planning and Development relating to application 19/500200/FULL (Little Paddocks, Stilebridge Lane, Linton, Kent).
206. ITEMS WITHDRAWN FROM THE AGENDA
There were none.
1 207. URGENT ITEMS
The Chairman said that, in his opinion, the update reports of the Head of Planning and Development and any updates to be included in the Officer presentations should be taken as urgent items as they contained further information relating to the matters to be considered at the meeting.
208. DISCLOSURES BY MEMBERS AND OFFICERS
With regard to the report of the Head of Planning and Development relating to application 19/505949/FULL (Land to the Back of Cherry Orchard, Court Lodge Farm, The Street, Boxley, Kent), Councillor Brindle stated that she was a Member of Boxley Parish Council which had requested that the application be reported to the Committee. She had pre-determined the application and would not participate in the discussion and voting when it was considered.
With regard to the report of the Head of Planning and Development relating to application 19/505949/FULL (Land to the Back of Cherry Orchard, Court Lodge Farm, The Street, Boxley, Kent), Councillor Harwood stated that he was a Member of Boxley Parish Council. However, he had not participated in the Parish Council’s discussions on the application, and intended to speak and vote when it was considered.
With regard to the report of the Head of Planning and Development relating to application 19/505435/FULL (Buttercups Sanctuary for Goats, Wierton Road, Boughton Monchelsea, Maidstone, Kent), Councillor Munford said that he was the Chairman of Boughton Monchelsea Parish Council. However, he had not participated in the Parish Council’s discussions on the application and intended to speak and vote when it was considered.
209. EXEMPT ITEMS
RESOLVED: That the public be excluded from the meeting in the event of Members wishing to discuss the information contained in the exempt Appendix to the report of the Development Manager relating to Pilgrims Retreat because of the likely disclosure of exempt information pursuant to paragraphs 5 and 6 (a) and (b) of Part I of Schedule 12A to the Local Government Act 1972, having applied the public interest test.
210. MINUTES OF THE MEETING HELD ON 23 JANUARY 2020
RESOLVED: That the Minutes of the meeting held on 23 January 2020 be approved as a correct record and signed.
211. PRESENTATION OF PETITIONS
There were no petitions.
2 212. DEFERRED ITEMS
19/501600/OUT - OUTLINE APPLICATION FOR UP TO 440 RESIDENTIAL DWELLINGS, WITH ASSOCIATED ACCESS, INFRASTRUCTURE, DRAINAGE, LANDSCAPING AND OPEN SPACE (ACCESS BEING SOUGHT WITH ALL OTHER MATTERS RESERVED FOR FUTURE CONSIDERATION) – LAND WEST OF CHURCH ROAD, OTHAM, KENT
19/503584/FULL - CREATION OF ALTERNATIVE ACCESS ACROSS EXISTING DRAINAGE DITCH WITH IMPROVED DRAINAGE - KINGSBROOKE, CRANBROOK ROAD, STAPLEHURST, TONBRIDGE, KENT
The Development Manager said that he had nothing further to report in respect of these applications at present.
213. AUTHORITY TO SERVE ENFORCEMENT NOTICES AT PILGRIMS RETREAT, HOGBARN LANE, HARRIETSHAM, KENT
All Members stated that they had been lobbied.
The Development Manager presented his report outlining the enforcement options available to the Council following the refusal of retrospective (in part) application 19/502469/FULL for a material change of use of land at Pilgrims Retreat, Hogbarn Lane, Harrietsham from a mixed use of holiday units (180 static caravans) and residential (18 static caravans) to a residential park home site (for full time residential occupation) comprising the stationing of 248 static caravans, including engineering works to create terracing, hardstanding, retaining walls, and the extension of the site along the south-eastern boundary.
It was noted that the current unlawful use of the land was contrary to National and Local Plan policies and the recommended enforcement action sought to restore the site and its landscape back to the lawful use. It was considered that the action recommended was proportionate taking into account the residents’ Human and Equality Rights and would maintain the integrity of the decision making process. The residents’ welfare, health and personal circumstances would be considered if the notices were served and took effect before any decisions were taken for further action for non-compliance with the notice.
Before presenting his report, the Development Manager drew the Committee’s attention to a letter which had been received from an elderly resident at the site who wished to express concerns about the situation which had arisen.
Mr Rudd, for the site owners, Mr Green, for the site residents, and Councillors T and J Sams (Visiting Members) addressed the meeting.
Before making their representations, Councillors T and J Sams said that they lived next to the site. They did not believe that they had Other Significant Interests, but, for transparency, they would speak and then leave the meeting.
3 In response to questions by Members, the Development Manager confirmed that a hybrid approach combining more than one option could be adopted.
The Committee agreed to proceed with a hybrid approach combining more than one option in order to seek to regularise use of the site and mitigate the impact on the Area of Outstanding Natural Beauty in a pragmatic way, but within a specific timeframe having regard to the continuing uncertainties for the residents.
RESOLVED:
1. That delegated authority be given to the Head of Planning and Development in consultation with a Steering Group comprising the Chairman, Vice-Chairman and Political Group Spokespersons of the Planning Committee (to include Councillor Chappell-Tay as the Spokesperson for the Conservative Group) and the two Ward Members to establish terms of reference and a negotiating position and to engage with the applicant regarding the submission of an alternative planning application within the terms set out in consultation with the Steering Group within a maximum timeframe of nine months.
2. That if the application is not submitted within the terms set out in consultation with the Steering Group and within this timeframe, or if negotiations fail, then the Head of Planning and Development be given delegated authority to proceed with Option 1 as set out in the report which is to serve two Enforcement Notices (with separate red line boundaries) at Pilgrims Retreat, Hogbarn Lane, Harrietsham, Kent with the aim of achieving the following:
Reduction in the number of caravans on site to 198 - Compliance time 24 months. Removal of all caravans, materials, rubbish etc. from the site as a result of the above – Compliance time 30 months. Cease the permanent residential use of 180 of the 198 caravans that remain on site - Compliance time 48 months. Restore the southern part of the site to accord with the layout plan as approved under 13/1435 (attached at Appendix B to the report) and remove all walls, domestic paraphernalia, retaining walls, hard surfacing and internal roadways etc. outside the developed areas defined on the plan - Compliance time 48 months. Restore the site in accordance with a specified landscape strategy – 48 months.
Voting: 13 – For 0 – Against 0 – Abstentions
214. 19/505435/FULL - RETROSPECTIVE APPLICATION FOR THE CONTINUED USE OF LAND AS A GOAT SANCTUARY AND ASSOCIATED OPERATIONAL DEVELOPMENT, INCLUDING STABLE BUILDINGS, TEA ROOM, SHEDS AND
4 CAR PARK - BUTTERCUPS SANCTUARY FOR GOATS, WIERTON ROAD, BOUGHTON MONCHELSEA, MAIDSTONE, KENT
All Members except Councillor Brindle stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Head of Planning and Development.
RESOLVED: That permission be granted subject to the conditions and informatives set out in the report, as amended by the urgent update report, and the additional informative set out in the urgent update report.
Voting: 13 – For 0 – Against 0 – Abstentions
215. 19/505680/FULL - CHANGE OF USE OF LAND AND CONVERSION OF EXISTING BARN TO EQUINE CLINIC AND ASSOCIATED DEVELOPMENT INCLUDING ERECTION OF STABLE BLOCK, TROT-UP, MANEGE, PADDOCK AREAS AND ASSOCIATED PARKING AREAS, HARDSTANDING AND FENCING - EASTFIELD BARN, BROAD STREET HILL, HUCKING, KENT
All Members except Councillors Harwood and Vizzard stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Head of Planning and Development.
Ms Howells, an objector, Ms Snalune, the applicant, and Councillor Garten (Visiting Member) addressed the meeting.
RESOLVED:
1. That permission be granted subject to the conditions and informatives set out in the report and the additional condition set out in the urgent update report with:
(a) The amendment of condition 4 (Landscaping) to require the submission of a revised landscaping scheme to provide a contiguous mitigation area for wildlife and achieve a net gain in biodiversity;
(b) An additional condition requiring the main building to meet BREEAM standards; and
(c) An additional condition requiring the submission of details of a decentralised renewable energy scheme.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended and additional conditions and to amend any other conditions as a consequence.
Voting: 10 – For 0 – Against 3 - Abstentions
5 216. 19/503532/OUT - OUTLINE APPLICATION WITH ACCESS MATTERS SOUGHT FOR DEMOLITION OF TWO EXISTING BUILDINGS AND ERECTION OF FOUR RESIDENTIAL DWELLINGS (MATTERS OF APPEARANCE, LANDSCAPING, LAYOUT AND SCALE ARE RESERVED FOR FUTURE CONSIDERATIONS) - 3-5 KINGS ROAD, HEADCORN, ASHFORD, KENT
The Committee considered the report of the Head of Planning and Development.
In presenting the application, the Principal Planning Officer drew the Committee’s attention to proposed condition 7 which required that prior to the development commencing a scheme for the provision and management of an 8 metre wide buffer zone alongside the watercourse shall be submitted to and approved in writing by the Local Planning Authority. The Principal Planning Officer advised the Committee that he wished to remove the 8 metre specification to allow discussion with the Environment Agency as to whether the full 8 metres was actually necessary or not.
Mr Garvey addressed the meeting on behalf of the applicant.
Contrary to the recommendation of the Head of Planning and Development, the Committee agreed to refuse permission. In making this decision, Members considered that the proposed development by reason of its cramped form of development poorly related to the site constitutes over development of the site contrary to Policy DM1 of the Maidstone Borough Local Plan 2017.
RESOLVED: That permission be refused for the following reason:
The proposed development by reason of its cramped form of development poorly related to the site constitutes over development of the site contrary to Policy DM1 of the Maidstone Borough Local Plan 2017.
Voting: 7 – For 4 – Against 2 – Abstentions
217. 19/500200/FULL - RETROSPECTIVE APPLICATION FOR A CHANGE OF USE OF LAND TO BE USED AS A GYPSY/TRAVELLER CARAVAN SITE CONSISTING OF ONE PITCH - LITTLE PADDOCKS, STILEBRIDGE LANE, LINTON, KENT
The Chairman and Councillors Adkinson, Chappell-Tay, Harwood, Kimmance, Munford, Vizzard and Wilby stated that they had been lobbied.
The Committee considered the report of the Head of Planning and Development.
Councillor Webb (Visiting Member) addressed the meeting.
6 RESOLVED:
1. That permission be granted subject to the conditions set out in the report with:
(a) The strengthening of condition 2 to specify that only touring caravans (not static caravans) are being permitted due to the size of the site and limited space available for landscaping etc.; and
(b) The strengthening of condition 5 (Landscaping) to make clear that if the landscaping and planting proposals are not implemented in accordance with the approved details within the specified time period, the permission will fall away.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended conditions and to amend any other conditions as a consequence.
Voting: 10 – For 0 – Against 3 – Abstentions
218. 19/506376/FULL - RETROSPECTIVE APPLICATION FOR ADDITIONAL OBSCURE GLAZING TO PREVIOUSLY APPROVED APPLICATION 19/504830/FULL - 29 THE LANDWAY, BEARSTED, MAIDSTONE, KENT
The Committee considered the report of the Head of Planning and Development.
Councillor Hannington of Bearsted Parish Council and Councillor Springett (Visiting Member) addressed the meeting.
Contrary to the recommendation of the Head of Planning and Development, the Committee agreed to refuse permission. In making this decision, Members considered that the proposed window enlargements and design amendments to the south-west and north-west elevations had resulted in poor design by failing to reflect the hierarchy of windows creating a cluttered elevation overly dominated by glazing, and the louvred designs put forward would not overcome this contrary to the National Planning Policy Framework 2019, Policies DM1 and DM9 of the Maidstone Borough Local Plan 2017 and the guidance contained within the Council’s Residential Extensions Supplementary Planning Document.
RESOLVED: That permission be refused for the following reason:
The proposed window enlargements and design amendments to the south-west and north-west elevations have resulted in poor design by failing to reflect the hierarchy of windows creating a cluttered elevation overly dominated by glazing, and the louvred designs put forward would not overcome this contrary to the National Planning Policy Framework 2019, Policies DM1 and DM9 of the Maidstone Borough Local Plan 2017 and the guidance contained within the Council’s Residential Extensions Supplementary Planning Document.
7 Voting: 12 – For 0 – Against 1 – Abstention
219. APPEAL DECISIONS
The Committee considered the report of the Head of Planning and Development setting out details of appeal decisions received since the last meeting.
RESOLVED: That the report be noted.
Note: Councillor Wilby left the room during consideration of this report but returned shortly afterwards (9.45 p.m.).
220. 19/504348/FULL - DEMOLITION OF EXISTING BUILDINGS AND ERECTION OF 12 DETACHED, TWO STOREY DWELLINGS TO BE DEVELOPED AS SELF- BUILD OR CUSTOM-BUILT HOMES BY INDIVIDUAL OWNERS. CREATION OF ACCESS ROADS, ASSOCIATED PARKING AND TURNING AREAS AND THE CREATION OF A FOOTPATH LINK TO MAIDSTONE ROAD; ALONG WITH LANDSCAPING AND ECOLOGICAL ENHANCEMENT WORKS - LAND AT ROSEMEAD NURSERY, MAIDSTONE ROAD, HEADCORN, KENT
All Members except Councillors Brindle, Eves, Parfitt-Reid, Perry and Young stated that they had been lobbied.
The Committee considered the report and the urgent update report of the Head of Planning and Development.
RESOLVED: That subject to:
(a) The prior completion of a legal agreement in such terms as the Head of Legal Partnership may advise to secure the Heads of Terms set out in the report; AND
(b) The conditions and informatives set out in the report,
the Head of Planning and Development be given delegated powers to grant permission and to be able to settle or amend any necessary Heads of Terms in line with the matters set out in the recommendation and as resolved by the Planning Committee.
Voting: 12 – For 0 – Against 1 – Abstention
221. ADJOURNMENT OF MEETING
Following consideration of the report of the Head of Planning and Development relating to application 19/504348/FULL (Land at Rosemead Nursery, Maidstone Road, Headcorn, Kent), the Committee:
RESOLVED: That the meeting be adjourned until 6.00 p.m. on Thursday 5 March 2020 when the remaining items on the agenda will be discussed.
8 222. DURATION OF MEETING
6.00 p.m. to 9.50 p.m.
9 Pilgrims Retreat | Planning Statement
APPENDIX C
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MAIDSTONE BOROUGH COUNCIL
PLANNING COMMITTEE
MINUTES OF THE REMOTE MEETING HELD ON 26 NOVEMBER 2020
Present: Councillor English (Chairman) and Councillors Adkinson, Brindle, Harwood, Kimmance, Munford, Perry, Powell, Spooner, Vizzard, Wilby and Young
Also Councillors Brice, D Burton and Purle Present:
404. APOLOGIES FOR ABSENCE
It was noted that apologies for absence had been received from Councillors Eves and Parfitt-Reid.
405. NOTIFICATION OF SUBSTITUTE MEMBERS
It was noted that Councillor Young was substituting for Councillor Parfitt- Reid.
406. NOTIFICATION OF VISITING MEMBERS
Councillor Brice indicated her wish to speak on the report of the Head of Planning and Development relating to application 20/502770/FULL – Holman House, Station Road, Staplehurst, Tonbridge, Kent.
Councillor D Burton indicated his wish to speak on the report of the Head of Planning and Development relating to application 19/500271/FULL – Oakhurst, Stilebridge Lane, Marden, Tonbridge, Kent.
Councillor Purle indicated his wish to speak on the report of the Head of Planning and Development relating to application 20/503417/FULL – Land Rear of 335 Queens Road, Maidstone, Kent.
407. ITEMS WITHDRAWN FROM THE AGENDA
20/503956/HEDGE - HEDGEROW REMOVAL NOTICE - TEMPORARILY FULLY REMOVE A 6M SECTION OF HEDGEROW, PARTLY ADJACENT TO THE SOUTHERN SIDE OF MARDEN ROAD AND PARTLY FROM AN ADJOINING TRACK WITH ASSOCIATED PERIPHERAL HEDGEROW PLANTS TO ENABLE TEMPORARY CONSTRUCTION ACCESS - LAND SOUTH OF MARDEN RD – STAPLEHURST, MARDEN ROAD, STAPLEHURST, KENT
It was noted that this application had been withdrawn by the applicant.
1 408. URGENT ITEMS
The Chairman said that, in his opinion, the update reports of the Head of Planning and Development and the updates to be included in the Officer presentations should be taken as urgent items as they contained further information relating to the applications to be considered at the meeting.
Note: Councillor Harwood entered the meeting during this item (6.07 p.m.).
409. DISCLOSURES BY MEMBERS AND OFFICERS
Councillor Brindle said that since she was a Member of Boxley Parish Council’s Environment Committee which considered and made representations on planning and other related applications, she would not participate in the discussion or the voting when application 20/504434/TPOA (Land Near 87 Lombardy Drive, Maidstone, Kent) was discussed.
Councillor Harwood said that he was a Member of Boxley Parish Council. However, he had not participated in the Parish Council’s discussions regarding application 20/504434/TPOA (Land Near 87 Lombardy Drive, Maidstone, Kent), and intended to speak and vote when it was considered.
Councillor Munford said that he was a Member of Boughton Monchelsea Parish Council. However, he had not participated in the Parish Council’s discussions regarding application 20/502277/FULL (Greenacre, Church Hill, Boughton Monchelsea, Kent), and intended to speak and vote when it was considered.
Councillor Perry said that when application 20/502770/FULL (Holman House, Station Road, Staplehurst, Tonbridge, Kent) was last discussed, he attended as a Visiting Member and spoke on it. He was now a Member of the Committee, but he was approaching the application with a completely new look. He had read the Committee report very closely, he had not been involved in the Parish Council’s discussions regarding the application, and he intended to speak and vote when it was considered.
Note: Councillor Wilby joined the meeting during this item (6.10 p.m.). Councillor Wilby said that he had no disclosures of interest.
410. DISCLOSURES OF LOBBYING
The following disclosures of lobbying were noted:
Item Pilgrims Retreat, Hogbarn Councillor Powell 14. Lane, Harrietsham Item 20/502770/FULL - Holman Councillors Adkinson, Brindle, 15. House, Station Road, English, Kimmance, Munford, Staplehurst, Tonbridge, Kent Perry, Powell, Spooner, Vizzard, Wilby and Young
2 Item 19/500271/FULL - Oakhurst, Councillors Adkinson, Brindle, 16. Stilebridge Lane, Marden, English, Kimmance, Munford, Tonbridge, Kent Perry, Powell, Spooner, Vizzard, Wilby and Young Item 20/500778/FULL - Land Councillors Brindle, English, 17. South of Sheephurst Lane, Kimmance, Munford, Vizzard and Marden, Tonbridge, Kent Wilby Item 20/504370/OUT - Land Rear Councillors Adkinson, Brindle, 18. of Redic House, Warmlake English, Kimmance, Munford, Road, Sutton Valence, Kent Powell, Spooner, Vizzard, Wilby and Young Item 20/503417/FULL - Land Rear Councillors Brindle and Wilby 19. of 335 Queens Road, Maidstone, Kent Item 20/502277/FULL - Greenacre, Councillors Brindle, Kimmance, 20. Church Hill, Boughton Munford, Vizzard and Wilby Monchelsea, Kent Item 20/504742/FULL - 14 Councillors Brindle and Wilby 21. Faraday Road, Penenden Heath, Maidstone, Kent Item 20/502133/FULL – Oaklands, Councillors Brindle, Kimmance 22. Lenham Road, Headcorn, and Wilby Kent Item 20/503956/HEDGE - Land No disclosures of lobbying 23. South of Marden Road - Staplehurst, Marden Road, Staplehurst, Kent Item 20/504434/TPOA - Land Near No disclosures of lobbying 24. 87 Lombardy Drive, Maidstone, Kent
With regard to item 14 (Pilgrims Retreat, Hogbarn Lane, Harrietsham), Councillor Munford said that he was a member of the Steering Group.
411. EXEMPT ITEMS
RESOLVED: That the items on the agenda be taken in public as proposed.
412. MINUTES OF THE MEETING HELD ON 22 OCTOBER 2020
RESOLVED: That the Minutes of the meeting held on 22 October 2020 be approved as a correct record and signed.
413. PRESENTATION OF PETITIONS
There were no petitions.
3 414. DEFERRED ITEMS
19/505816/SUB - SUBMISSION OF DETAILS PURSUANT TO CONDITION 5 (MATERIALS), CONDITION 7 (WOODLAND MANAGEMENT PLAN), CONDITION 8 (PROPOSED BOUNDARY TREATMENT), CONDITION 10 (ECOLOGY), CONDITION 11 (CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN : BIODIVERSITY) AND CONDITION 17 (BIRD BOXES) IN RELATION TO PLANNING APPLICATION 15/503359/OUT AND APPEAL REFERENCE APP/U2235/W/15/3132364 (FOR RESIDENTIAL DEVELOPMENT (APPROX 89 DWELLINGS) PLUS OPEN SPACE, BIOMASS PLANT AND ACCESS ROAD (PLUS EMERGENCY ACCESS) - LORDSWOOD URBAN EXTENSION, GLEAMING WOOD DRIVE, LORDSWOOD, KENT
20/501773/FULL - ERECTION OF 187 DWELLINGS, TOGETHER WITH ASSOCIATED WORKS FOR ACCESS, PARKING, INFRASTRUCTURE, OPEN SPACE, EARTHWORKS, SURFACE WATER DRAINAGE SYSTEMS AND LANDSCAPING - LAND OFF OAKAPPLE LANE, BARMING, MAIDSTONE, KENT
The Development Manager advised Members that he had nothing further to report in respect of these applications at present.
415. PILGRIMS RETREAT STEERING GROUP - APPOINTMENT OF CONSERVATIVE GROUP POLITICAL GROUP SPOKESPERSON
RESOLVED: That Councillor Parfitt-Reid be appointed as the Spokesperson for the Conservative Group on the Pilgrims Retreat Steering Group for the remainder of the Municipal Year.
416. 20/502770/FULL - ERECTION OF SINGLE STOREY SIDE EXTENSION, PART SINGLE STOREY PART TWO STOREY REAR EXTENSION, NEW UPPER FLOOR, TOGETHER WITH EXTERNAL ALTERATIONS AND CHANGE OF USE OF COMMERCIAL TO RESIDENTIAL TO FORM 10 NO. RESIDENTIAL UNITS - HOLMAN HOUSE, STATION ROAD, STAPLEHURST, TONBRIDGE, KENT
The Committee considered the report and the urgent update report of the Head of Planning and Development.
In presenting the application, the Principal Planning Officer advised the Committee that since the publication of the urgent update report on 24 November 2020, further representations had been received but they did not raise any new material planning issues.
The Chairman read out statements on behalf of Ms Riva, an objector, Staplehurst Parish Council and Mr Blackmore, for the applicant.
Councillor Brice, Visiting Member, addressed the meeting.
RESOLVED:
1. That permission be granted subject to the conditions and informatives set out in the report with the amendment of condition
4 10 (External Lighting) to require motion sensor low level lighting in the rear parking area.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended condition and to amend any other conditions as a consequence.
Voting: 10 – For 2 – Against 0 – Abstentions
417. 19/500271/FULL - CHANGE OF USE OF LAND FOR THE STATIONING OF 18 HOLIDAY CARAVANS WITH ASSOCIATED WORKS INCLUDING LAYING OF HARDSTANDING AND BIN STORE - OAKHURST, STILEBRIDGE LANE, MARDEN, TONBRIDGE, KENT
The Committee considered the report and the urgent update report of the Head of Planning and Development.
In presenting the application, the Senior Planning Officer advised the Committee that whilst not mentioned in the report, it was acknowledged that in July 2020, the Council resolved to adopt the Marden Neighbourhood Development Plan and it now formed part of the statutory Development Plan for the Borough. However, it was considered that the adoption of this document did not alter the recommendation set out in the report.
The Chairman read out statements on behalf of Mrs Shave, an objector, and Councillor Mannington of Marden Parish Council.
The Democratic Services Officer read out a statement on behalf of Graham Simpkin Planning, agent for the applicant.
Councillor D Burton (Visiting Member) addressed the meeting.
RESOLVED: That consideration of this application be deferred to seek:
• Details of the design of the caravans; • Details of electric vehicle charging points; and • A detailed landscaping plan.
Voting: 11 – For 0 – Against 0 – Abstentions
Note: Councillor Harwood left the meeting before the voting on this application (7.20 p.m.).
418. 20/504370/OUT - OUTLINE APPLICATION FOR ERECTION OF 3 NO. DETACHED DWELLINGS WITH MATTERS OF ACCESS AND LAYOUT BEING SOUGHT (RE-SUBMISSION OF 20/501800/OUT) - LAND REAR OF REDIC HOUSE, WARMLAKE ROAD, SUTTON VALENCE, MAIDSTONE, KENT
The Committee considered the report of the Head of Planning and Development.
5 The Chairman read out statements on behalf of Mr Golding, an objector, Councillor Poulter of Sutton Valence Parish Council and Ms Bedford, agent for the applicant.
RESOLVED:
1. That permission be granted subject to the conditions set out in the report with:
The amendment of condition 4 (Hard and Soft Landscaping) to (a) specify that the landscaping scheme shall exclude the planting of Sycamore trees and (b) stipulate that non-plastic guards shall be used for trees and hedgerows;
The removal of the word “or” from the first sentence of condition 6 (Biodiversity Enhancements); and
The retention of the hedge to the northern boundary of plot 2 with delegated powers given to the Head of Planning and Development to negotiate and secure this by condition.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended/additional conditions and to amend any other conditions as a consequence.
Voting: 8 – For 3 – Against 0 – Abstentions
419. 20/503417/FULL - ERECTION OF A TWO-STOREY DETACHED DWELLING, INCLUDING CREATION OF NEW VEHICULAR ACCESS ONTO QUEENS AVENUE (PART RETROSPECTIVE) - LAND REAR OF 335, QUEENS ROAD, MAIDSTONE, KENT
The Committee considered the report of the Head of Planning and Development.
Councillor Purle (Ward Member) read out a statement on behalf of Mr Mitchell, an objector.
The Chairman read out a statement on behalf of Mr Burr, agent for the applicant.
Councillor Purle (Visiting Member) addressed the meeting.
The Development Manager asked that if Members were minded to grant permission, delegated powers be given to the Head of Planning and Development to amend any conditions as necessary to reflect the fact that this is a retrospective application.
RESOLVED:
1. That permission be granted subject to the conditions set out in the report with:
6 Amendments to the conditions as necessary to reflect the fact that this is a retrospective application;
The amendment of condition 3 (Electric Vehicle Charging Point) to reflect the fact that the application is for the erection of one dwelling only;
The amendment of the fifth line of condition 10 (Permitted Development) to read “of outbuildings, boundary treatments or laying of hardstanding shall not be carried out”;
The amendment of condition 15 (Landscape and Ecological Management Plan) to require the incorporation of bee bricks within the development; and
A more permeable surface for the patio to the rear with delegated powers given to the Head of Planning and Development to negotiate and secure this by condition.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended/additional conditions and to amend any other conditions as a consequence.
Voting: 9 – For 2 – Against 0 – Abstentions
420. 20/500778/FULL - THE ERECTION OF A SWITCHING STATION WITH ASSOCIATED APPARATUS AND LANDSCAPING, INCLUDING 2.4M HIGH BOUNDARY FENCE AND ACCESS ROAD FROM SHEEPHURST LANE - LAND SOUTH OF SHEEPHURST LANE, MARDEN, TONBRIDGE, KENT
The Committee considered the report of the Head of Planning and Development.
In presenting the application, the Planning Officer advised the Committee that whilst it was stated in the report that pylons would be removed, it should be noted that they would be replaced and that these works could be carried out under permitted development rights. The Planning Officer also sought, in the event of Members being minded to grant permission, agreement to impose additional conditions at the request of KCC Highways to secure details of access, sightlines, parking areas etc.
The Chairman read out statements on behalf of Collier Street Parish Council and Mr Dhillon, agent for the applicant.
RESOLVED:
1. That permission be granted subject to the conditions and informatives set out in the report with:
The addition of highway conditions to secure details of access, sightlines, parking areas etc;
7 The addition of a condition to secure the use of powder coated green coloured fencing within the development;
The removal of the word “predominantly” from the fifth line of condition 5 (Landscape Scheme) and the further amendment of condition 5 to (a) secure in consultation with the Landscape Officer more mature planting appropriate to this location; (b) specify that the landscaping scheme shall exclude the planting of Sycamore trees; and (c) stipulate that non-plastic guards shall be used for trees and hedgerows; and
The amendment of condition 6 (Biodiversity Enhancements) to require the incorporation of bee bricks within the development.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended/additional conditions and to amend any other conditions as a consequence.
Voting: 11 – For 0 – Against 0 – Abstentions
421. 20/502133/FULL - SITING OF 1 NO. ADDITIONAL MOBILE HOME AND 1 NO. ADDITIONAL TOURER (RETROSPECTIVE) - OAKLANDS, LENHAM ROAD, HEADCORN, ASHFORD, KENT
The Committee considered the report of the Head of Planning and Development.
The Chairman read out a statement on behalf of Councillor Kenward of Ulcombe Parish Council.
Contrary to the recommendation of the Head of Planning and Development, the Committee agreed to refuse permission. In making this decision, the Committee considered that the separate access constructed onto Lenham Road, with the associated brick piers and paraphernalia, is visually incongruous, intrusive in the landscape and has a harmful impact on the rural character of the road and visual amenity contrary to policies SP17, DM15 and DM30 of the Maidstone Borough Local Plan 2017. The Committee also wished to add an informative advising the applicant that the rest of the application is acceptable subject to the conditions proposed.
RESOLVED: That permission be refused and the Head of Planning and Development be given delegated powers to finalise the wording of the reason for refusal and the informative which will include the issues summarised above.
Voting: 11 – For 0 – Against 0 - Abstentions
422. 20/502277/FULL - SITING OF 1 NO. MOBILE HOME, CREATION OF 2 NO. PARKING SPACES AND REMOVAL OF INTERNAL FENCE - GREENACRE, CHURCH HILL, BOUGHTON MONCHELSEA, MAIDSTONE, KENT
8 The Committee considered the report of the Head of Planning and Development.
RESOLVED: That permission be granted subject to the conditions set out in the report.
Voting: 11 – For 0 – Against 0 – Abstentions
423. 20/504434/TPOA - TPO APPLICATION - T1 HOLM OAK - INSPECT WITH ENDOSCOPE ON DAY OF WORKS AND FELL PENDING CLEAR OF BATS. THE TREE HAS DEFECTS (CAVITIES/DECAY) - LAND NEAR 87 LOMBARDY DRIVE, MAIDSTONE, KENT
The Committee considered the report of the Head of Planning and Development.
RESOLVED: That permission be granted subject to the condition and informatives set out in the report.
Voting: 10 – For 0 – Against 1 – Abstention
Note: Having stated that she was a Member of Boxley Parish Council’s Environment Committee which considered and made representations on planning and other related applications, Councillor Brindle did not participate in the discussion or the voting.
424. 20/504742/FULL - DEMOLITION OF EXISTING GARAGE/UTILITY ROOM AND ERECTION OF TWO STOREY SIDE AND REAR EXTENSIONS, INCLUDING RAISED PATIO TO REAR - 14 FARADAY ROAD, PENENDEN HEATH, MAIDSTONE, KENT
The Committee considered the report of the Head of Planning and Development.
RESOLVED:
1. That permission be granted subject to the conditions set out in the report with the amendment of condition 4 (Biodiversity Enhancements) to require the incorporation of bee bricks within the development.
2. That the Head of Planning and Development be given delegated powers to finalise the wording of the amended condition and to amend any other conditions as a consequence.
Voting: 11 – For 0 – Against 0 – Abstentions
425. 20/503956/HEDGE - HEDGEROW REMOVAL NOTICE - TEMPORARILY FULLY REMOVE A 6M SECTION OF HEDGEROW, PARTLY ADJACENT TO THE SOUTHERN SIDE OF MARDEN ROAD AND PARTLY FROM AN ADJOINING TRACK WITH ASSOCIATED PERIPHERAL HEDGEROW PLANTS
9 TO ENABLE TEMPORARY CONSTRUCTION ACCESS - LAND SOUTH OF MARDEN RD - STAPLEHURST, MARDEN ROAD, STAPLEHURST, KENT
See Minute 407 above.
426. PILGRIMS RETREAT, HOGBARN LANE, HARRIETSHAM, KENT
The Committee considered the report prepared by the Development Manager on behalf of the Steering Group recommending that agreement be given to a further three-month extension to the nine-month period already agreed to allow for the submission of an alternative planning application within the terms set out in consultation with the Steering Group for land at Pilgrims Retreat, Hogbarn Lane, Harrietsham.
It was noted that this would require an alternative planning application to be submitted on or before 27 February 2021. The main reason for this request for an extension was due to the time taken, because of the first national COVID-19 lockdown, to submit the Steering Group’s initial negotiating position to the applicant. Failure to submit the application on or before 27 February 2021 would result in the enforcement action authorised by the Committee at its meeting held on 27 February 2020 being taken.
In response to questions:
• The Development Manager advised the Committee that he was optimistic that an application would be submitted quite soon.
• The Chairman undertook to raise with the Interim Local Plan Review Director the possibility of any additional permanent residential properties which might be agreed at this location being included in the housing numbers as part of the review of the Local Plan.
• Councillor Munford said that he had been informed by the Ward Members that they were in full agreement with the recommendation of the Steering Group and wished to thank the Officers for their work to date in seeking to regularise the site.
RESOLVED: That agreement be given to a further three-month extension to the nine-month period already agreed to allow for the submission of an alternative planning application within the terms set out in consultation with the Steering Group for land at Pilgrims Retreat, Hogbarn Lane, Harrietsham. This will require an alternative planning application to be submitted on or before 27 February 2021.
Voting: 11 – For 0 – Against 0 – Abstentions
427. APPEAL DECISIONS
The Committee considered the report of the Head of Planning and Development setting out details of appeal decisions received since the last meeting.
10
RESOLVED: That the report be noted.
428. DURATION OF MEETING
6.00 p.m. to 9.50 p.m.
11 Pilgrims Retreat | Planning Statement
APPENDIX D
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Pilgrims Retreat | Planning Statement
APPENDIX E
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Pilgrims Retreat | Planning Statement
APPENDIX F
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Pilgrims Retreat | Planning Statement
APPENDIX G
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