PLANNING APPLICATIONS FOR 30TH NOVEMBER 2005 Page No. 1 MC2004/2764 Luton & Wayfield Construction of block of 16 flats with associated parking and amenity area to rear (demolition of existing buildings) 252 - 260 Chatham Hill, Chatham, Kent, ME5 7BA 5

2 MC2005/0211 Luton & Wayfield Construction of three blocks comprising of 69 one and two bedroomed flats with associated landscaping, car parking, refuse and cycle store and upgrading of access road Land at Southern Water Depot, Capstone Road, Chatham, Kent 14

3 MC2005/0704 Luton & WayfieldFull Application Other application for : Alterations to junction of site with Ash Tree Lane including provision of right turn lane to facilitate residential development of adjacent site Land at Ash Tree Lane, Chatham 26

4 MC2005/0814 Luton & Wayfield Application for approval of reserved matters pursuant to condition 1 of MC2003/1285 for demolition of existing buildings and construction of three blocks of flats comprising of 96 residential units, associated garaging and landscaping 2 Ash Tree Lane, Chatham, Kent, ME5 7BZ 29

5 MC2005/1500 Rochester South & Horsted Installation of 17.8 metre high wind powered generator to the rear of the property 22 Horsted Way, Rochester, Kent, ME1 2XY 38

6 MC2005/1583 Rainham North Demolition of existing bungalow and construction of detached 4 bedroom chalet style bungalow with integral garage 175 Berengrave Lane, Gillingham, Kent, ME8 7UJ 46

7 MC2005/1672 Rochester South & Horsted Application for Industrial and Warehousing Development (Classes B2 and B8) Land at Rochester Airport Industrial Estate, Maidstone Road, Rochester, Kent 52

8 MC2005/1682 Peninsula Outline application for demolition of existing dwelling and outhouses and construction of four semi-detached houses 29 Stoke Road, Hoo, St Werburgh, Rochester, Kent, ME3 9BE 59

9 MC2005/1707 Twydall Retrospective application for the construction of fire escape route and retaining wall Units A to E Invicta Business Centre, land adjoining Beechings Way, Gillingham, Kent. 65

DC0902MW Page 1 10 MC2005/1721 Hempstead & Wigmore Construction of first floor extension with dormer windows to the rear, conservatory to the rear and porch to the front 22 Barncroft Drive, Hempstead, Gillingham, Kent, ME7 3TJ 69

11 MC2005/1764 Hempstead & Wigmore Change of use of residential garage to dental surgery 10 Kingsdown Close, Hempstead, Gillingham, Kent, ME7 3PX 73

12 MC2005/1777 Gillingham North Advertisement consent for installation of eight internally illuminated double sided poster panels mounted on lampposts Outside Somerfield and opposite Will Adams Court, Jeffery Street; Between 87-157 High Street and adjacent to St. Marks Church, Canterbury Street, Gillingham, Kent 80

13 MC2005/1781 Strood Rural Advertisement consent for installation of two internally illuminated double sided poster panels mounted on lampposts Between the junction of Enterprise Close and Maritime Close, Medway City Estate, Strood, Rochester, Kent 84

14 MC2005/1783 Strood South Advertisement consent for installation of four internally illuminated double sided poster panels mounted on lampposts Outside Morrisons, Knight Road, Strood, Rochester, Kent 88

15 MC2005/1785 Twydall Advertisement consent for installation of one internally illuminated double sided poster panel mounted on lamppost Outside 60 Twydall Green, Gillingham, Kent, ME8 6XJ 92

16 MC2005/1787 Watling Advertisement consent for installation of one internally illuminated double sided poster panel mounted on lamppost Outside 101-103 Watling Street, Gillingham, Kent 95

17 MC2005/1788 River Advertisement consent for installation of two internally illuminated double sided poster panels mounted on lampposts Vicinity of junctions between Medway Street, Sir John Hawkins Way and Holborn Lane, Chatham, Kent 99

18 MC2005/1792 River Advertisement consent for installation of seven internally illuminated double sided poster panels mounted on lampposts High Street (between 142-346), Chatham, Kent 102

DC0902MW Page 2 19 MC2005/1816 Cuxton & Halling Construction of a part two storey/part single storey rear extension incorporating a loft conversion with the insertion of 1 dormer window to the front to facilitate living accommodation in the roof space 186 Bush Road, Cuxton, Rochester, Kent, ME2 1HE 106

20 MC2005/1834 Strood Rural Construction of part two storey and part first floor side extension and single storey front extension 28 Cardens Road, Cliffe Woods, Rochester, Kent, ME3 8TU 111

21 MC2005/1841 Rainham North Demolition of building and construction of a two storey block containing four 1-bedroomed self contained flats with associated parking Rear of The Railway Public House, 113 Station Road, Rainham, Gillingham, Kent 115

22 MC2005/1853 Strood North Construction of a single storey extension to front, side and rear 60 Brompton Farm Road, Rochester, Kent, ME2 3QY 122

23 MC2005/1860 Cuxton & Halling Construction of a part two storey/single storey rear, two storey side extension with a juliet balcony, a porch to front and the insertion of 2 dormer windows to the front (demolition of the existing garage and conservatory) 188 Bush Road, Cuxton, Rochester, Kent, ME2 1HE 127

24 MC2005/1867 Strood Rural Conversion of garage into habitable room and construction of conservatory to rear 7 North Road, Cliffe, Rochester, Kent, ME3 7UH 132

25 MC2005/1954 Rainham Central Construction of two 2 storey blocks comprising a total of eleven 1 & 2-bedroomed self-contained flats Former Water Works Site, Guardian Court, Rainham, Gillingham, Kent 135

26 MC2005/2069 River Application under Regulation 3 of the Town and Country Planning Regulations 1992 for the construction of a wheel park with a series of ramps and low level obstacles in the banked area behind play ground Jacksons Recreation Ground, New Road, Rochester, Kent 142

27 MC2005/2117 Strood South Application for Prior Approval Under Part 24 of The Town and Country Planning (General Permitted Development) Order 1995 as amended for the installation of 8m high telegraph pole with three antennae in a shroud (total height 9.4m) and associated equipment housing Opposite 26-34 Bligh Way, Strood, Rochester, Kent 149

DC0902MW Page 3 BACKGROUND PAPERS

The relevant background papers relating to the individual applications comprise: the applications and all supporting documentation submitted therewith; and items identified in any Relevant History and Information section and Representations section with a report.

Any information referred to is available for inspection in the Planning Offices of the Council at the Compass Centre, Chatham Maritime, Chatham.

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1 MC2004/2764

Date Received: 14th December 2004

Location: 252 - 260 Chatham Hill, Chatham, Kent, ME5 7BA

Proposal: Construction of block of 16 flats with associated parking and amenity area to rear (demolition of existing buildings)

Applicant: Cheema Homes Limited J Cheema Jagga House Second Avenue Industrial Estate Second Avenue Chatham Kent ME4 5AU

Agent: Mr R A Clayton 32 Watling Street Gillingham Kent ME7 2YH

Ward: Luton & Wayfield

Recommendation - Approval subject to:

(as amended by drawing nos. 02.05.03/10 and /11 received on 16th June 2005)

A. The conclusion of a Section 106 Obligation to secure a contribution of £1,792 towards the provision of off-site informal open space; and

B. the imposition of the following conditions:

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before any of the flats are occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 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 of contours; means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

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5 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 with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with the details to be submitted to and approved by the Local Planning Authority.

6 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Local Planning Authority prior to first occupation of the development hereby permitted.

7 Prior to the first occupation of the development hereby permitted, vision splays of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access points and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays thereafter.

8 The area shown on the permitted drawings for vehicle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

9 A secure parking facility for 4 cycles shall be provided on site, in accordance with details to be submitted to and agreed in writing by the Local Planning Authority. Such facility shall be provided before any of the flats are occupied and shall thereafter be retained.

10 No development shall take place (except as may be agreed in writing by the Local Planning Authority) until the developer has secured the implementation of a programme of archaeological work in accordance with a written specification and time table which has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved specification.

11 Before the development hereby permitted commences a scheme for protecting the proposed development from road traffic noise shall be submitted to the Local Planning Authoity for approval in writing. All works which form part of the approved scheme shall be completed before any of the flats are occupied and thereafter maintained.

DC0902MW Page 6 12 Prior to the occupation of any of the residential units hereby permitted all first and second floor bathroom and kitchen windows in the east and west side elevations shall be fitted with obscure glass and shall thereafter be retained.

For the reasons for this recommendation for approval please see planning appraisal section and conclusions at the end of this report.

Site Description

This application relates to an area of land measuring approx. 50 metres deep by 26 metres wide, on the southern side of Chatham Hill where it has a frontage length of some 23m. The land at 254 to 260 was used as a house with curtilage and (without permission) as a builder’s yard, before the commencement of site works in connection with the permission for its redevelopment. The additional land at 252 comprises the curtilage of a 2-storey detached house with outbuildings, on which some demolition work has been undertaken.

The surrounding area comprises predominantly two storey houses with a mix of detached and terraced properties. To the rear of the site is a chalk cliff face, between 15 and 20 metres deep, which leads down to the rear of properties in Beacon Road.

Proposal

The proposal is further to a planning permission granted under reference MC2002/1300 in respect of part of the site, at nos. 254 to 260, for the construction of a three storey block containing 8 one-bedroomed flats (2 on the ground floor and 3 each on the first and second floors) with eight parking spaces at the rear of the site, accessed via a driveway at the centre of the site passing under the upper floor of the building between the two ground floor flats. Beyond this parking area would be a shared amenity area. In connection with that permission the site has been largely cleared and preparatory site works, including the laying of oversite concrete, have taken place.

The applicant has now increased the site area with the inclusion within the site area of 252 and its curtilage.

The current proposals are for a single block containing 16 one-bedroomed flats with similar access arrangements and ground floor building layout and parking arrangements as previously provided for but with an enlarged building footprint, amenity area and parking area for 16 cars. The building would have a similar 2-storey form, with a third floor being provided within roofspace accommodation served by front gables and dormer windows, and front and rear building alignments as under the approved scheme, but with a remodelled profile at the rear where it adjoins the party boundary with the dwellinghouse and curtilage at no. 262. This would eliminate the previously approved single storey projection of 3.2m and provide for a two storey 3.8m. deep projection behind the house, however it would be positioned further away from the boundary, at 2.8m instead of 0.8m as approved. On the other side the building would be constructed at a minimum of 1m from the party boundary with no. 250 with a kink around the garage there and a two-storey projection of 8.3m behind the neighbouring house at a distance of 4.5m from the party boundary. The building would have the same main eaves and roof ridge heights [at a mean of 8.1m and 10.5 at the centre line allowing for the fall in the highway frontage toward Chatham Town Centre] as the previously approved block on the eastern part of the site.

DC0902MW Page 7 Site Area/Density

Site area: 0.148 hectare (0.36 acres) Site density: 108 units per hectare (44.44 dpa)

Relevant Planning History

ME/79/1250 Outline permission for a detached dwelling house and garage. Approved 28th February 1980

ME/91/0307 Outline application for the erection of a block of four 2-bedroom flats, four 1-bedroom flats and six studio flats with car parking. Approved 6th May 1992

ME/92/0338 Temporary use of land for car sales and siting of sales building. Withdrawn 20th July 1992

ME/93/0058 Temporary use of land for car sales and siting of sales building. Refused 2nd March 1993 Appeal dismissed 16th September 1993

ME/95/0315 Erection of a block of 6 two-bedroom flats and 13 one-bedroom flats with 30 car parking spaces. Refused 7th February 1996

MC2002/1144 Construction of a block of 5 one-bedroom flats. Withdrawn 17th June 2002

MC2002/1300 Construction of one three storey block comprising eight 1-bedroomed flats with associated car parking at 254-260 Chatham Hill. Approved 13th November 2002

Representations

The application has been advertised on site and in the local press as major development and neighbour notification letters about it in its original and amended forms have been sent to the owners/occupiers of 103 – 129 (odd inclusive of 113a, 113b, 115), 240, 250, 252, 262 & 264 Chatham Hill; 1 & 3 Imperial Road and 43, 45, 47, 61, 63, 65 ,67 & 69 Beacon Road.

5 letters and 3 letters were received objecting to the original and initially amended proposals respectively on the following grounds:

- Proposal would be out of character with the area;

- Overlooking with loss of privacy;

- Loss of outlook;

- Loss of light;

- Noise and disturbance from development and construction work;

DC0902MW Page 8 - Inadequate parking would result in more vehicles parked on Chatham Hill;

- Ground excavation could take away support for adjoining land; and

- Vehicles entering and leaving the site would add to congestion and be a potential hazard.

The County Archaeological Officer has advised that the site lies on the road corridor which linked the two Roman cities of Rochester and Canterbury and roadside features such as buildings or burials are a common feature connected with Roman roads; examples include the walled cemetery 300m south on Luton Road and the cremations found 800m to the east. A Bronze Age palstave is recorded as being found 250m north west of the application site and several post-mediaeval industrial features are known in the vicinity. From a brief examination of superseded Ordnance Survey maps, the site appears to have escaped the chalk extraction, which occurred on neighbouring plots, and its archaeological potential is therefore likely to be intact. In view of this a condition to any permission is advised to require archaeological work.

Transco has written to note the presence of a gas main in the highway outside the site and its operational responsibilities.

Following receipt of further amendments on the layout and site levels full re-consultation was undertaken and one letter of objection has been received, raising the follows issues:

- Proposal would be out of character with the area;

- Overlooking with loss of privacy;

- Loss of outlook;

- Loss of light;

- Noise and disturbance from development and construction work;

- Inadequate parking would result in more vehicles parked on Chatham Hill;

- Ground excavation could take away support for adjoining land;

- Vehicles entering and leaving the site would add to congestion and be a potential hazard;

- Risk of vehicles driving into the garden of 250;

- Security;

- Position of bins and the potential for environmental problems;

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Development Plan Policies

Kent Structure Plan1996

Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy S1 (Development Strategy) Policy S6 (Planning Obligations) Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Standards) Policy BNE21 (Archaeological Sites) Policy BNE23 (Contaminated Land) Policy H4 (Housing in Urban Areas) Policy H5 (High Density Housing) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T4 (Cycle Facilities) Policy T13 (Vehicle Parking Standards)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy SP1 (Enhancing the Environment and Ensuring a Sustainable Pattern of Development) Policy QL1 (Quality of Development and Design) Policy QL5 (Quality and Density of Development) Policy TP19 (Parking Standards)

Planning Appraisal

The principle of development

This application relates to a site in former commercial and residential use within a predominantly residential area and the urban area of Medway in the adopted Local Plan with no specific site designation in the Plan. In this context, the principle of residential redevelopment for residential purposes is acceptable in both development plan and national planning policy terms and is supported specifically by Policies S1 and H5 of the adopted Local Plan and Policies SP1 and QL5 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan) which seeks to promote reinvestment in and the redevelopment of underused urban land with high density housing at or close to town centres and public transport routes.

Design and appearance

Although the predominant form of development in Chatham Hill is two storey terraced houses, at the time of the earlier permission it was considered that a three storey development in this location would make a positive design statement, which would enhance the appearance of the site within the locality, and it was noted that a similarly designed flat

DC0902MW Page 10 development has been carried out nearby at 296 Chatham Hill. The proposed roof steps down to the sides to secure a sympathetic form and relationship to the neighbouring houses on either side, where the main block would be only some 1.2m and 1.7m higher than the roofs to nos. 250 and 262 respectively. Accordingly it is considered that the design is not out of scale with the surroundings and no objection is raised in that regard, while the scheme is not considered to be out of keeping with the character of the vicinity, where there are multi- occupied properties and it is bisected by a heavily trafficked principal distributor route and where it is considered the location is more suited to flat accommodation than to new family housing.

The previously approved scheme provided for a density of development at 107 dwellings/units per hectare; the current proposals represent a similar density figure and although this is above the range of minima identified in Policy QL5 of the emerging Structure Plan and national planning policy, both identify that higher densities should be achieved in locations with good accessibility to goods and services such as is the case here.

Amenity considerations

In regard to the earlier scheme it was observed that the removal of a non-conforming commercial use and its replacement by residential development would result in an improvement to conditions of amenity for the occupiers of nearby properties. The proposed front siting of the building in line with the neighbouring house at 262 and behind the garage at no.250 and the modelling of the block at the rear to accommodate the angle of 45° in the horizontal and vertical planes to the centre line of the neighbouring windows at the rear [which is a safeguard identified in the Building Research Establishment publication “Site layout planning for daylight and sunlight: A guide to good practice”], should obviate any unacceptable unneighbourly effects on the amenities of the neighbouring properties in terms of overshadowing, natural light loss or loss of outlook to the occupiers of those properties. There is a first floor flank window to no. 250 however this serves a non-habitable room and would continue to receive light at an angle above 32° which would be acceptable in any event. The proposals provide for upper floor windows on the two side elevations of the building, which could have a potential for immediate overlooking of neighbouring property, however these would serve non-habitable rooms and obscure glazing is identified in that regard.

Although the amenity open space provisions are limited, primarily as result of the constraints of the steeply sloping site, there is no reason to believe that an acceptable standard of amenity for the prospective occupiers of the proposed non-family units would not be offered by the development.

The falling levels of the site to the rear have required some building up of the land towards the rearmost part of the site, to accommodate a satisfactory access and level parking area for the approved scheme, the retaining wall for which on the party boundary with no.262 initially gave concern because of its height. However this has now been reduced with step downs and beds planted with medium-sized but prickly shrubs [berberis] proposed to keep car park users away from the party boundaries at the side of the parking area and to prevent a direct overlook onto neighbouring gardens.

Following the Member site visit concerns were raised in relation to certain aspects of neighbour amenity and these have been addressed in the amendments and are specifically referred to later in the report.

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Parking

The adopted vehicle parking standards require the provision of up to 1.5 spaces per unit although a provision at 1:1 is proposed with a store for 4 bicycles. Having regard to the proximity of the site to public transport facilities with a frequent bus service on Chatham Hill, which is part of a bus preference scheme under Policy T5 of the adopted Local Plan, this level of provision is considered acceptable and no objection is raised to the application in regard to either the parking or access arrangements in terms of their implication for the local highway network.

Other considerations

The site is on a heavily trafficked principal distributor route and therefore it is recommended that an acoustic appraisal is required under a condition to this effect. Having regard to the previous use of the site and the comments of the archaeological officer, conditions requiring a land contamination and archaeological investigation are also recommended. As the application is for one bedroom accommodation only, no contribution is sought towards the provision of school places. There is only limited external amenity proposed on site and accordingly the applicant has been asked and has agreed to pay the required contribution to the provision of off-site informal open space.

Conclusions and reasons for approval

The principle of the development has been established by previous approvals for this site. The scheme reflects those previous approvals in terms of layout, scale, design, density and amenity considerations and accordingly is acceptable and in accordance with Policy ENV15 of the Structure Plan and Policies H5, BNE1 and BNE2 of the adopted Local plan. The application is recommended for approval.

[The application would normally be determined under officers’ delegated powers but is being referred for Members’ determination due to the extent of representations received expressing views contrary to the recommendation.

This application was considered by Members at the Development Control Committee on the 17th August 2005, when it was determined to defer a decision to enable a Members’ site visit to be held.

This application was considered by Members at the Development Control Committee on the 7th September 2005, when it was determined to defer a decision to seek to address concerns raised by neighbours and members at the site visit.

These concerns related to the location of refuse facilities, overall site levels of the car park areas in relation to neighbouring property and land levels around the retained garage to serve 250 Chatham Hill. The amended plans received have sought to address these issues as follows:

1. The main concern relating to these refuse storage areas was that the one located to the eastern side would have a detrimental impact on the amenities of the occupiers of number 262. This facility would remain located to the eastern side of the site, but it has been moved to be located approx. 3m away from the party boundary with number 262. It is also proposed that there is a buffer between the refuse storage areas in this

DC0902MW Page 12 particular location, in the form of a planted bed and a private amenity area, which would be screened with boundary treatment and would be landscaped. Other refuse storage facilities that are shown on the plan would be moveable within the spaces in which they have been designated.

2. On the western side of the site, the retaining wall and boundary treatment has deliberately been set in approx. 1m to 1.5m from the party boundary with the berberis buffer in between to address concerns with regard to privacy. The boundary treatment to this side consists of a wall that would be a maximum of approx. 2.5m high from the ground floor level of the path of number 250. The ground floor level of the proposed car park would be approx. 0.9m to 1.1m lower than the highest point of any of the boundary treatment along the western boundary. The levels of the car park, the proposed boundary treatment and the use of planting along this particular boundary, would help to screen the vehicles parked in the car park from the view of the occupiers of number 250 when using their rear garden area.

3. The area of concrete that is located behind the existing garage belonging to number 250, is to be dug out to provide a level approx. 0.53m lower than the existing level. The resultant level would be approx. 0.4m higher than the ground floor level of the path at number 250. The purpose of lowering of this area of land is to facilitate development on the site and to reduce concerns neighbours’ have relating to the potential for overlooking and loss of privacy.

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2 MC2005/0211

Date Received: 2nd February 2005

Location: Land at Southern Water Depot, Capstone Road, Chatham, Kent

Proposal: Construction of three blocks comprising of 69 one and two bedroomed flats with associated landscaping, car parking, refuse and cycle store and upgrading of access road

Applicant: Brooke Homes Ltd C/O Agent

Agent: Mr V Hester VLH Associates 27 Watling Street Canterbury Kent CT1 2UD

Ward: Luton & Wayfield

Recommendation - Approval subject to:-

(as amended by plans received 5 October 2005)

A. The applicant entering into a S106 agreement to secure:

(i) A financial contribution for 37,500 towards real-time information displays at bus stops in the vicinity of the site, improvements to the footways and rights of way in the vicinity of the site, improvements to pedestrian crossing facilities in the area and improvements to cycle facilities in the area.

(ii) A financial contribution of £75,000 towards primary education facilities in the area.

(iii) The provision of 18 flats (Block B) as affordable housing units.

B. The imposition of the following conditions:

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed prior to the occupation of any of the flats hereby permitted and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

DC0902MW Page 14 4 In this Condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs a) and b) below shall have effect until the expiration of 5 years from the date of occupation of the 69th flat for its permitted use.

a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning approved shall be carried out in accordance with British Standard 3998 (Tree Work).

b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the Local Planning Authority.

c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area 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 written consent of the Local Planning Authority.

5 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: - existing and proposed ground levels including any earthworks; car and cycle parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artifacts and structures (e.g. refuse or other storage units, signs, lighting etc). Soft landscape works shall include:- a schedule for replacement tree planting (including details of the size, species and position of trees to be planted and the proposed time of planting); planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation and maintenance programme.

6 Prior to the commencement of development, an acoustic assessment shall be undertaken to determine the impact of road traffic noise. The results of the assessment and details of any mitigation measures necessary to ensure an appropriate level of aural amenity within habitable rooms and garden areas shall be submitted for approval in writing by the Local Planning Authority. All works which form part of the approved scheme shall be completed before any part of the development is occupied and thereafter maintained for the duration of the use.

7 Prior to the commencement of the development, a site investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation, together with a risk assessment by a competent person and details of any measures necessary to contain, treat or remove any contamination as appropriate shall be submitted for the approval of the Local Planning Authority.

DC0902MW Page 15 The approved measures shall be fully implemented and a completion report, issued by the competent person referred to above stating that remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Authority prior to the first occupation of the development herein permitted.

8 Prior to the occupation of any of the flats hereby approved, the low level planters located outside the entrance to Southern Water House shall be removed and no obstruction of site more than 0.6m in height above the carriageway shall be constructed in its place.

9 The access and exit to the visitor parking spaces outside Southern Water House shall be restricted to a one-way system as shown on drawing A255 L501 rev B.

10 The area shown on the permitted drawings for vehicle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

11 None of the flats hereby approved shall be occupied until the existing footways fronting the site have been widened to 3 metres in accordance with details submitted to and approved in writing by the Local Planning Authority. The footways shall thereafter be maintained.

12 The sight line of 60m x 2m shown on drawing 15786-001-011 shall be provided prior to the occupation of any of the residential units hereby approved and no obstruction of sight more than 0.6m above carriageway level shall be permitted within the lines thereafter.

13 No residential unit shall be occupied until the service road which provides access to it and the improvements to the access and junction have been provided surfaced and drained in accordance with details submitted to and approved in writing by the Local Planning Authority. These areas shall thereafter be maintained.

14 No development shall commence (unless otherwise agreed in writing by the Local Planning Authority) until the revised car parking areas to serve the retained Southern Water Operational buildings have been provided and surfaced in accordance with details approved in writing by the Local Planning Authorty. These areas shall thereafter be retained.

15 Before the development hereby permitted commences, a scheme for protecting the proposed development from noise emananting from the adjoining commercial site shall be submitted for approval in writing by the Local Planning Authority and all works which form part of the approved scheme shall be completed before any part of the development is occupied and thereafter maintained for the duration of the use.

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For the reasons for this recommendation for approval please see Planning Appraisal Section and conclusions at the end of this report.

Site Description

The site lies on the north-eastern side of Capstone Road in Luton. Access into the site is from the 4-arm mini-roundabout, which feeds Capstone Road, North Dane Way and the site.

The site is split into two areas that lie either side of the office building (Southern Water House) which would be retained for Southern Water. The area to the south-east of Southern Water House is currently a grassed area which lies at a lower level than the road, with a small embankment running round the edge of the site by the road. There are a number of smaller trees located along the perimeter of this area by the embankment, which run into some more mature trees as this part of the site extends back towards the new pumping station. The boundary of this part of the site with the recreation ground is marked with wire mesh fencing.

The other portion of the site lies to the north-west of the retained office building and at present provides two areas of parking, along with some grassed areas, and a mixture of mature and younger trees. Along the Capstone Road frontage metal railings enclose this part of the site. A public footpath runs along this frontage, and down the north-west boundary of the site in between the site and the Wheatsheaf pub.

Opposite the site in Hopewell Drive is a mixture of two storey and single storey housing and flats, whilst on the other side of Capstone Road are more traditional detached dwelling houses and bungalows. To the north of the site is Nelson Terrace where there are some sheltered housing bungalows. At the end of Nelson Terrace is a secondary point of access to the site for both vehicles and pedestrians, which is gated.

Southern Water House is a three and four storey building, of brick construction with a flat roof, and is of little design merit. To the north-east of the site are the other Southern Water buildings which are to be retained. These include the new pumping station and canteen, the social club, laboratory, ‘The Shed’ and the old pump house, along with areas of hard standing used for parking.

Proposal

The application is for full planning permission for the construction of three blocks of flats providing a total of 69 units.

Block A would be located to the south-east of Southern Water House, running along the boundary of the site with the recreation ground. The building would be 4 stories in height and would contain 25 units – 7 one-bed flats and 18 two-bed flats. 30 parking spaces would be allocated to this block, which would in part be located parallel to the access road, and in part between the new block and the pumping house and canteen. Cycle parking for 5 bikes would be provided inside the building by the main entrance.

Block B would be located to the north-west of Southern Water House, and would be four stories in height. This block would contain 18 flats – 6 one-bed units and 12 two-bed units. 18 parking spaces are proposed for block B which would be located to the north-east of the block. Cycle parking for 4 bikes would be located just outside the building, adjacent to the

DC0902MW Page 17 main entrance. Block B would provide the affordable housing element of the scheme, at 26% of the total development.

Block C would be located along the north-western boundary of the site and would on the whole be three stories in height, with two smaller elements in the middle of the building creating a fourth storey. This block would contain 26 flats – 6 one-bed units and 20 two-bed units. 35 parking spaces would be allocated to this block in two areas, one in front of the building, backing onto Block B and a smaller section located in the northern corner of the site. Cycle parking for this block would be located within the building by the main entrance. A new pedestrian link from the site behind block C would be created onto the footpath running along this boundary.

The buildings would be of a modern design, incorporating curved facades, large elements of glazing and sections of brickwork and render.

A number of the mature trees on the site would be retained, and some additional planting and a landscape scheme is proposed.

Southern Water House would be enclosed by a 2m high security fence, and dedicated parking for the employees would be formalised and located to the north-west of this building, with access to this parking area controlled by a barrier. 33 parking spaces would be provided in this area. The existing visitor parking (10 spaces) which is located at the front of this building would be retained, with the access to this area formalised into a one-way in and out system. On the remainder of the Southern Water site, 143 parking spaces would be formally laid out, providing a total of 176 spaces for the retained Southern Water function. The remainder of the Southern Water site would be separated from the application site by 2m high security fencing.

Access to the flats would be shared with the Southern Water site, with a new speed table introduced outside Southern Water House and Block A. The access road would be 5.5m wide, with a 1.8m footway on either side.

The proposals have been supported by the submission of a Transport Assessment, Environmental Noise Report, Landscape Strategy and Planning and Design Statement.

Site Area/Density

Site area: 0.995 hectares (2.46 acres) Site density: 69 dph (28dpa)

Relevant Planning History

MC1999/6114 Outline application for residential development (MC99/0012MG). Approved subject to S106, 29 September 1999 (note agreement not signed)

Representations

The application has been advertised on site and in the press. The Environment Agency; The Primary Care Trust; South East Electricity Board; Transco; Kent Police Architectural liaison Officer and Southern Water Services have been consulted on the application. Neighbour notification letters have been sent to the owners and occupiers of: 1-12 (consecutive) Nelson

DC0902MW Page 18 Court, Nelson Terrace; 10-16 (evens) Hopewell Drive; 46, 53, 62-70 (evens) Capstone Road; 1-43 (consecutive) Kingsdale Court, Hopewell Drive; and The Wheatsheaf PH, Capstone Road.

The Kent Police Architectural Liaison Officer has no formal objection to the proposal, but raises comments on secure by design issues in relation to pedestrian links through the site, overlooking of parking areas, secure cycle stores, controlled entry systems, lighting levels, and natural surveillance. These are addressed in detail in the appraisal section

The Environment Agency and Southern Water Services have no objection to the proposal.

The applicant’s agent has written making the following additional comments:

- The position of the proposed buildings are constrained by the location of underground adits and easements. Adits carry clean water therefore care needs to be taken to ensure development doesn’t risk water contamination and easements are required to allow access to underground water systems. - Houses not proposed due to these land constraints, which would have a severe limiting impact on the number of units that could be built. - The application has been amended in consultation with officers to achieve the best scheme. - Ward members have visited the site, in particular to pursue the idea of using the old pump house for some community use. These buildings are in full use by Southern Water, who have no plans to vacate the buildings or decommission the pumps. These buildings also fall outside the application site and outside the control of the applicant. - The Local Plan makes no reference to the need to provide a community facility in association with the development of this site, nor does it identify a shortfall in the immediate area, therefore such provision would not be justified through the Local Plan. - A full Transport Assessment and Safety Audit have been undertaken, which have not identified any highway problems. Parking for Southern water’s retained operations can be adequately met on the retained land. - Parking for the proposed development is acceptable on the basis of more than 1 space per flat, and cycle parking would be provided. Financial contributions are to be made for off-site highway works. - The proposed scheme represents an efficient use of existing urban land, with no public objections.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 Built Environment Policy ENV16 Urban Open Space and Town Cramming Policy H3 Housing in Urban Areas Policy T17 Parking Standards

Medway Local Plan 2003

Policy S4 Landscape and Urban Design Policy S6 Planning Obligations Policy BNE1 General Principles for Built Development Policy BNE2 Amenity Protection

DC0902MW Page 19 Policy BNE3 Noise Standards Policy BNE41 Tree Preservation Orders Policy BNE43 Trees on Development Sites Policy H1 New Residential Development Policy H3 Affordable Housing Policy H4 Housing in Urban Areas Policy H5 High Density Housing Policy L4 Provision of Open Space in New Residential Developments Policy T1 Impact of Development Policy T2 Access to the Highway Policy T3 Provision for Pedestrians Policy T13 Vehicle Parking Standards Policy CF6 Primary Schools

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 Quality of Development and Design Policy TP19 Vehicle Parking Standards

Planning Appraisal

Principle of Development

The application site lies within the urban area, as defined in the Local Plan, where the principle of residential development is generally accepted. The whole Southern Water site (which includes the current application area) is also allocated as a housing site under Policy H1 of the Local Plan. This policy states that residential development will be permitted on such sites, subject to the requirements listed against each allocation. For this site the requirements are for:

- The mature trees on site to be retained, - Any disused wells within the site are to be filled, and - The site be investigated for any contamination, with mitigation measures implemented if necessary.

The principle of residential development on the Southern Water site has therefore been established through the Local Plan Inquiry and adoption of the plan in 2003.

It should be noted that when this site was discussed at the Local Plan Inquiry the fact that Southern Water may want to retain some of the site for operational purposes was also considered. Although an outline planning permission had been to committee and had been resolved to be approved subject to a legal agreement (although the agreement has yet to be signed) for residential development for the whole site, subsequent discussions had taken place with Southern Water regarding the development at the rear part of the site, and on the land where block A is currently proposed. The Inspector acknowledged that it was likely that about half the site would be available for development should Southern Water retain its presence on the site, and the number of units proposed for the allocation was reduced from the originally intended 96 units to 60 to reflect this likely reduced site area. The Inspector also recommended that the outline of the site allocation be amended to reflect the land available for development. However the Council disagreed with this part of the recommendation in their response to the Inspector’s report. It was stated that:

DC0902MW Page 20 “Given that the outline planning permission establishes the principle of residential development on the whole site and Southern Water may again change its mind over the actual area to be developed, it would be inappropriate to base the allocation on an informal discussion which may not be carried through to a detailed planning application.”

As such the site allocation remained for the whole site, whilst the density of development was reduced to reflect the likelihood that only part of the site would be likely to be developed.

In terms of this current application, it is noted that the principle of developing only part of this site was discussed and considered at the Local Plan Inquiry stage and it was accepted that the partial development of the site, with the Southern Water function retained on the remainder of the land would be acceptable. The number of units being proposed is 9 above the number suggested in Policy H1. Given that the specific site area was not known at the Local Plan stage, and that the density of development is only just above the 50 dwellings per hectare suggested in PPG3, this number of units is considered to be acceptable subject to detailed considerations of design, layout and amenity.

Street Scene and Design

The site area which forms the subject of this application all lies to the south west of the total Southern Water Services area and fronts onto Capstone Road. It is considered that this would be a most appropriate part of the southern water area to be developed. This site area allows for the main element of the Southern Water site to be separated from the proposed residential development, and in particular the pumping and laboratory areas. The retention of Southern Water House is considered not to be a detrimental factor to the overall layout of the residential scheme, given that this building is used for office purposes only (and open to the public for payment of bills and advice), therefore would be an ‘appropriate’ neighbour to the residential blocks.

The three blocks would all be orientated ‘end on’ to Capstone Road, and follow the linear shape and layout of the retained Southern Water House. They would be sited to follow the front building line created by the office building and would be surrounded by a generous amount of space. The street scene elevation plan illustrates the layout and the gaps that would be provided along this frontage.

The buildings are all three and four storey in height, and are therefore comparable to the retained Southern Water House. The siting of the buildings makes use of the fall in the land away from the road, which is most significant for Block A, and as such the buildings are considered to be of a height which would be appropriate for the street frontage they would sit in.

The existing buildings on the Southern Water site are all individual in design, and lack any local distinction. As such it is considered appropriate for the design of the three blocks to be of a modern form. The three blocks are given a sense of uniformity through the use of similar design principles, yet each is slightly different, which gives a sense of interest to the overall development. The buildings do not have a traditional front and rear elevation, but are detailed on all elevations. The use of glazing, timber boarding and rendered panels would create a high quality development which, it is considered, would be appropriate for this site when viewing the development from inside the site, from along Capstone Road or across the recreation ground.

DC0902MW Page 21 The density of development for the site would be 69 dwellings per hectare, which is just above the higher end of the range for density of development promoted in PPG3 (30 – 50 dwellings per hectare). Given that the site lies in a sustainable location, where the facilities of Luton are within walking distance, and there is easy access to public transport facilities, it is considered that this density of development would be acceptable. Indeed it would accord with Policy H5 which states that housing proposals at low densities would not be permitted where sites are along routes capable of being well served by public transport and which are close to local facilities.

The design and layout with a height reflecting existing buildings in a well landscaped setting and providing for a mix of 1 and 2 bedroom flats clearly demonstrates a development reflective of its setting without appearing cramped or an over development. The density is therefore considered appropriate in this instance.

As such it is considered that the proposals would represent an improvement to the area, and the buildings would sit well within the site. The scale of the buildings has been carefully considered with none of the buildings being overly dominant, and the design would enhance the appearance of the area. As such the scheme is considered to be in accordance with Policies BNE1, H1, H4 and H5 of the Local Plan.

Neighbour Amenities

The proposed flats would be relatively self-contained within the site, and would not be closely located to other residential development in terms of proximity related to concerns about overlooking or loss of privacy. The closest relationship would be between Block C and development which lies to the north-west of the site. However the closest property here is the public house, which does not have a solely residential use, and where the garden is for public use. Nelson Court is located beyond this and there is a fair amount of screening in between this and the proposed development, both in the application site and Nelson Court which would overcome any concerns about loss of privacy.

Within the development, block B and the retained Southern Water House would be separated by a distance of 11m at the closest point. Although there are windows within the elevation of block b facing southern water house, these are not the main primary windows serving any rooms and therefore it is not considered that it will have an unacceptable impact on the amenity of prospective residents. Blocks B and C would be nearly 30 metres apart and be separated by the parking areas and landscaping which will include the retention of some mature trees, which will give a good and established screen between the two buildings. As such this relationship is considered to be acceptable.

The development would therefore be in accordance with Policy BNE2 of the Medway Local Plan.

Highways

The access for the proposed development will be directly off the roundabout, and shared with the Southern Water use. The site layout plan shows the introduction of a speed table on this entrance road, which would reduce traffic speeds to an acceptable level for this shared residential and commercial use. In addition the visitor parking area for Southern Water House would be altered so that it has a one way ‘in and out’ layout to better control traffic movements in this area.

DC0902MW Page 22 The access road would be 5.5m wide and would be flanked by 1.8m footways on both sides. The applicant has submitted plans which demonstrate that large refuse vehicles and large fire appliances would be able to access the site and serve all three blocks. As such the proposed access and highway layout within the site is considered to be acceptable.

A total of 83 parking spaces would be provided for the three blocks, which would equate to a ratio of 1.2 spaces per unit. Given the sites proximity to local facilities and public transport, this level of parking provision is considered to be acceptable. Cycle parking is also provided for each block, and is considered to be appropriate in terms of its location and the number of cycles it would accommodate.

1.8m wide footpaths are proposed within the site linking the parking areas to the flats and allowing safe access for pedestrians within the site. Pedestrian access to the flats would either be in the main entrance, or from a new pedestrian link created from the footpath running along the north-west edge of the site by Block C.

Blocks B and C would be located in an area which is currently used for parking for the Southern Water site and as landscaping. The parking provision for the retained Southern water function therefore needs to be accommodated within the remainder of the site.

Parking for Southern Water House would be located to the rear of this building, with 33 spaces provided, and 10 visitor spaces located at the front of the building. The remainder of the site would accommodate a further 143 parking spaces, giving Southern Water a total of 176 spaces. Based on the floor areas of the buildings which would be retained for Southern Water’s use, and their various B1 and B2 uses, the number of parking spaces required would be 154. The number of spaces being provided therefore easily meets the parking requirement and meets the needs of Southern Water.

In response to the development proposals the Council has requested various off site works are carried out to encourage the use of walking, cycling and public transport access to the site. The applicant has agreed to pay financial contributions towards the implementation of real-time information displays at bus stops in the vicinity of the site (£12,000), improvements to the footways and rights of way in the vicinity of the site (£15,000), improvements to pedestrian crossing facilities in the area (£8,000) and improvements to cycle facilities in the area (£2,500). This sum of £37,500 could be secured through a Section 106 agreement.

As such the development is considered to be in accordance with Policies T1, T2, T3 and T13 of the Local Plan.

Trees and Landscape

All the trees on this site are covered by Tree Preservation Order M56/2000. A number of the trees are of high amenity value, prominent in the local environment and contribute to the character of the area. The current layout of development secures the retention of the most important mature trees. These include two cedars located by the parking court to Block A, an Ash and Horse Chestnut in front of Block C and a group of three trees located in between the parking court for Block C and the Old Pump House. A number of other smaller trees would also be retained within the site which help provide an attractive visual screen, in particular those along the road frontage by Block B and round the embankment by Block A. The new buildings have been positioned so that they fall outside the required tree protection zones for the trees to be retained, so that there would be no damage to them during construction which would require their removal later on.

DC0902MW Page 23

The applicants have also submitted an indicative landscape scheme which seeks to strengthen the existing structure planting on site and enhance the setting of each of the buildings. In principle these ideas are acceptable, although a fully detailed landscape scheme would be secured by condition.

The proposal is therefore considered to be acceptable in terms of its retention of trees and suggested landscape scheme and would be in accordance with Policy S4 of the Local Plan.

Other Matters

Secure By Design Comments

Kent Police raised a number of points relating to good design from a security point of view. In relation to the natural surveillance and overlooking of parking areas, it is considered the development addresses these issues, due to the design of the blocks which provides windows on all elevations. The cycle stores for blocks A and C are located inside the buildings, whilst the store for Block B would be just outside the main entrance - details of this store are required by condition 5. It is considered that in all three cases the cycle stores would be secure.

Whilst an increased number of entry points for the flats would be preferable from a secure by design point of view (it allowing access to a fewer number of flats once inside the building than a central access point would) it is not always practical as it results in the need for more core areas, and results in less floor space. As an alternative, a form of controlled entry into the flats (buzzers with audio links or keypad access) can be provided, as would be the case in this instance.

A further concern of the Police is the ability for criminals to escape if a number of pedestrian routes into a development are provided. In this instance there would only be two links into the site, one at the main entrance and one onto the footpath along the north-west boundary of the site. It is considered that these provide a reasonable level of pedestrian links for the occupiers of the proposed flats and any reduction would be to the detriment of the amenities of the future occupiers, and as such it is proposed that both pedestrian accesses be retained.

Off Site Open Space Facilities

A development of this nature, where outdoor equipped play areas, informal open space and formal open space cannot be provided on site, would normally generate the need for a contribution towards the provision of or maintenance/improvement of facilities off site, in accordance with Policy L4. It is considered that the recreation ground and facilities provided therein and the nearby country park provide for the needs of the prospective occupiers of the development and a contribution cannot be justified. It is also the applicants’ contention that the fact that the adjacent recreation ground is owned by them and provided for Council at peppercorn rent is a material consideration. They consider that the recreation ground will provide for the needs of their prospective occupiers but if they have to contribute further to recreation requirements then it will impact on the viability of their scheme.

DC0902MW Page 24 Education Facilities

This site is in an identified area of growth, with little or no spare capacity in local primary schools, therefore a developer contribution towards Primary educational facilities is being sought, for the sum of £75,000.

Affordable Housing

The applicants have identified that Block B would be used for the requirement for affordable housing provision, in accordance with Policy H3 of the Local Plan, and discussions have already taken place with Orbit Housing Group. The provision of 18 flats out of the total of 69 equates to an affordable housing provision of 26%, which meets the requirements of Policy H3. This provision would be secured through a Section 106 agreement.

Community Facilities

During the processing of this application the possibility of being able to provide some sort of community facility within the site, was discussed with the applicant. The Old Pump House which lies to the north of Block C was previously empty, and local Ward Members asked if this building could be used for such a purpose. However, upon inspection of the building it is clear that it is now being fully used by Southern Water as offices, as is the smaller old coal house located to the side of the pump house. As such there is no scope for these buildings to be utilised for any community facility.

The PCT have informally acknowledged that Luton is a priority area where they would like to work to provide better facilities. However, the PCT have not identified any project or facility to which contributions could be sought and this includes providing a facility within the scheme. In addition, despite internal consultations with social services and community groups no request has been made or justified for on site provision for community facilities. Accordingly no contributions or provision can be justified as part of the proposal.

Conclusions and reasons for approval

The proposed development is located on an allocated housing site, as identified in the Local Plan. It is considered that the layout, siting and design of the buildings are appropriate and would enhance the appearance of the area. An adequate access for the development can be provided, and an appropriate level of parking achieved for both the new flats and the retained Southern Water function. Contributions have been agreed towards education and off site highway works and 26% of the development would be for affordable housing. As such the proposal is considered to be acceptable and is recommended for approval.

[This application would normally fall to be determined under officer’s powers but is being reported for Members consideration at the request of Councillors Davis and Goulden.]

This application was considered by Members at the Development Control Committee on the 9th November 2005, when it was determined to defer a decision to enable a Members’ site visit to be held.

DC0902MW Page 25

3 MC2005/0704

Date Received: 12th April 2005

Location: Land at Ash Tree Lane, Chatham

Proposal: Alterations to junction of site with Ash Tree Lane including provision of right turn lane to facilitate residential development of adjacent site

Applicant: Ward Homes Ltd 2 Ash Tree Lane Chatham Kent ME5 7BZ

Agent:

Ward: Luton & Wayfield

Recommendation - Approval with Conditions

(as amended by plans received on 22nd August 2005)

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

2 No obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the sight lines hereunder approved.

For the reasons for this recommendation for approval please see Planning Appraisal Section and conclusions at the end of this report.

Site Description

The Ward Homes site is located on the western side of Ash Tree Lane, cut into Sugar Loaf Hill. Ash Tree Lane is a ‘B’ road, which links the A2 with Capstone Road, with the road dropping down the hill from north to south.

To the north of Ward’s site is Chatham Grammar School for Girls, whilst to the south lies the residential area of Luton.

The access into the site lies on the western side of Ash Tree Lane, with the junction for Corral Close lying on the eastern side approximately 100m to the north.

Proposal

The application is for alterations to the junction of the Wards site with Ash Tree Lane, including the provision of a right turn lane, in order to facilitate the redevelopment of the Ward Homes site for residential development.

The highway works would include the provision of a right hand turn lane for vehicles approaching the site from the north. Two new pedestrian crossing islands are also proposed, one behind the rear garden of number 9 Corral Close and one opposite the footpath linking

DC0902MW Page 26 Ash Tree Lane with Beacon Road. Dropped kerbs with tactile paving would be provided on both sides of the road opposite these crossing islands.

Just before the junction (when approaching from the south) the speed limit currently changes from the national speed limit to 30mph. These signs are proposed to be removed and relocated approximately 45m further down the hill. The existing sign showing a narrowing of the road, currently located on the eastern side of the road just before the junction of Corral Close with Ash tree Lane, would be relocated approximately 30m further to the north.

Sight lines of 4.25m x 70m to the north and 4.5m x 120m to the south would be provided.

The existing informal lay-by would be retained and provided with grasscrete surfacing. The existing hedges and trees on the eastern side of the road, south of the lay-by would be cut back to achieve sign visibility.

Relevant Planning History

MC2003/1285 Re-development of existing site for residential purposes Approved 22 February 2005

MC2005/0814 Approval of reserved matters pursuant to Condition 1 of MC2003/1285 for demolition of existing building and construction of 3 blocks of flats comprising 96 residential units, associated garaging and landscaping. For consideration on this agenda

Representations

The application has been advertised on site and in the press. Neighbour notification letters have been sent to the owners and occupiers of 1, 7, 8, 9 and 10 Corral Close.

One letter of objection has been received raising the following points:

- Proposed junction will be dangerous as it is just over the brow of the hill for traffic travelling south and the rush hour queue frequently extends from the traffic lights down past the existing Ward site entrance. - Increased traffic generated by the development will increase congestion further. - Believe the junction will be restricted or blocked by unwise or illegal waiting and u- turning by parents on the ‘school run’, as already experienced by residents of Corral Close. - Refer to previous consent for a day nursery at Chatham grammar School site, which was only approved on condition that the entrance onto Ash Tree Lane was kept locked except for emergency vehicles.

Cllr Purdy has written to object on the grounds that Ash Tree Lane is very busy and is very narrow and an access road would be dangerous, especially for traffic turning right into the development.

Development Plan Policies

Kent Structure Plan 1996:

Policy T20 Traffic and Development

DC0902MW Page 27

Medway Local Plan 2003

Policy T1 Impact of Development Policy T2 Access to the Highway Policy T3 Provision for Pedestrians

Kent and Medway Structure Plan (Deposit Version) 2003

Policy TP2 Transport and the Location of Development

Planning Appraisal

The principle of the redevelopment of the Ward Homes site was agreed earlier this year, when outline permission was granted. This application, and the associated application for the 96 proposed units, provide the detailed design of the development and access onto the highway.

Highways

The proposed junction improvements have been the subject of discussions since the outline application was approved in February of this year, and as a result the requirements of the Stage 1 Safety Audit have been met.

The informal lay-by has been the subject of negotiation and is required to cater for the high levels of parking that occur during school start and finish times. The surface and condition of the lay-by will be improved through this proposal with the use of grasscrete, and these improvements will also enhance the overall appearance of the road here.

The pedestrian island to the north is provided to enable accessibility for pedestrians from the proposed development to access the footpath which runs along the eastern side of the road (by Corral Close). In addition it allows for people who have parked in the lay-by to access the nearby school. The pedestrian island to the south would link the footpath from Beacon Hill with the footway on the eastern side of Ash Tree Lane.

The southern visibility splay crosses land which falls outside the ownership of the applicant, and is in fact owned by Medway Council as amenity land. There is no objection in principle to this inel of sight being maintained, however, the applicant will require to enter into an agreement with the Council as land owner to secure the right of sight.

The Head Teacher of Chatham Grammar School for Girls has referred to the previous refusal of permission for the school to have a new access onto Ash Tree Lane, apart from as an emergency access only (reference MC2004/0718). Whilst these comments are noted the current site is considered to be significantly different to the application he refers to in that it relates to an existing access. In considering the outline application it was accepted that the proposed use would not have a higher trip generation compared to the existing commercial uses operating on the site.

It is considered that the junction improvements proposed will provide a safe and well designed vehicular access of a suitable standard and design and is therefore acceptable and accords with the requirements of Policies T1, T2 and T3 of the Medway Local Plan 2003

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Conclusion and reasons for approval

The proposed junction improvements are considered to be acceptable, and appropriate for the level of development proposed in the associated application MC2005/0814. The proposed highway improvements would not result in any highway safety issues, and therefore the scheme is recommended for approval.

[This application would normally fall to be determined under officer’s powers but is being reported for Members consideration at the request of Councillor Purdy.]

This application was considered by Members at the Development Control Committee on the 9th November 2005, when it was determined to defer a decision to enable a Members’ site visit to be held.

DC0902MW Page 29

4 MC2005/0814

Date Received: 28th April 2005

Location: 2 Ash Tree Lane, Chatham, Kent, ME5 7BZ

Proposal: Application for approval of reserved matters pursuant to condition 1 of MC2003/1285 for demolition of existing buildings and construction of three blocks of flats comprising of 96 residential units, associated garaging and landscaping

Applicant: Wards Homes Limited 2 Ash Tree Lane Chatham Kent ME5 7BZ

Agent: Mr A Wakefield NC Architects Ltd 23 High Street Wroughton Swindon Wiltshire SN4 9JX

Ward: Luton & Wayfield

Recommendation - Approval with Conditions

(as amended by plans received on 21st October 2005)

A. Approval of details pursuant to condition 1 (Siting, Design and Means of Access) of planning permission MC2003/1285.

B. The imposition of the following additional conditions on planning permission MC2003/1285.

10 No part of the development shall be occupied until the junction improvements approved under planning reference MC2005/0704 have been constructed in accordance with the approved plans and the sight lines required shall thereafter be maintained.

11 Prior to the commencement of development details of the cycle racks shown on the permitted drawings shall be submitted to and approved in writing by the Local planning Authority. The cycle racks shall be provided in accordance with the approved details prior to the occupation of any of the flats in the blocks to which the cycle racks relate and shall thereafter be maintained.

12 The areas shown on the permitted drawings for disabled parking shall be provided, surfaced, drained and clearly marked out for such purpose prior to the occupation of any of the flats. The reserved parking areas shall thereafter be retained as such

DC0902MW Page 30

For the reason for this recommendation for approval please see Planning Appraisal Section and conclusions at the end of this report.

Site Description

The site is located on the western side of Ash Tree Lane, cut into Sugar Loaf Hill. Beacon Hill and the Luton Recreation Ground/Darland Bank lie to the south-west of the site, at a much lower level. The site occupies a prominent location set against the backdrop of the cliff/escarpment. The site is terraced with a mixture of parking areas, outside storage, and the office buildings for Ward Homes (both single and three stories in height), along with a large warehouse style industrial building.

Access to the site is from Ash Tree Lane, with the road dropping down into the site from east to west.

To the north of the site is Chatham Grammar School for Girls, with the recently constructed gymnasium located on top of the escarpment, above the site. The properties in Beacon Road below comprise a mixture of two storey terraced, semi-detached and detached houses. To the south-east the land is designated as an Area of Local Landscape Importance, whilst the land to the north-west is protected as open space.

Proposal

This is an application for the approval of the reserved matters of siting, design, means of access, external appearance and landscaping in accordance with the outline application for residential development approved earlier this year (MC2003/1285).

The proposals are for the demolition of the existing buildings and the construction of 96 apartments, to be provided in three blocks.

Block A would be sited at the north-western end of the site, and would be a staggered block of four, five and six stories in height. It would provide 50 apartments in total, 49 of which would be two-bed, with 1 one-bed unit.

Block B would occupy the central position within the site, and would be a staggered block of three, four, five and six stories. It would provide 30 apartments, 24 of which would be two- bed, and 6 would be one-bed.

Block C would be located at the south-eastern end of the site, and would be a staggered block of two, three and four stories. It would provide 16 apartments, 8 of which would be two- bed, and 8 would be one-bed.

In total there would be 15 one bed units and 81 two bed units.

A total of 118 parking spaces are proposed for the site. 43 would be located behind block A and 4 in front; 16 spaces behind block B; and 8 spaces in between block B and C. The remaining 47 spaces would be provided in a three level car park located towards the front of the site, and which would take into account the change in levels, which would allow access on all three levels.

DC0902MW Page 31 The existing access would be utilised for the residential use, with some improvements proposed. There is a separate planning application submitted which deals solely with the alterations to the access, which is also for consideration at this meeting (MC2005/0704). The junction improvements would include a ghosted right hand turn lane into the site. The access road within the site would be a 4.5m wide carriageway with a 2m footpath on its inner side.

Three separate refuse stores are located amongst the parking areas to the rear of the buildings. Cycle storage for 33 bikes is proposed; 15 of which would be located in a covered area between blocks A and B, with the other 18 being located within block B.

The materials proposed would be render in various colours (terracotta, teal green and off white) with portland reconstructed stone string courses. The roof would be copper green metal, with a similar coloured powder coated balconies, cladding and aluminium screens.

Site Area/Density

Site area: 0.87 Hectares (2.15 Acres) Site density: 110 dph (44.65 dpa)

Relevant Planning History

MC2003/1285 Re-development of existing site for residential purposes Approved 22 February 2005

MC2005/0704 Alterations to junction of site with Ash Tree Lane including provision of right hand turn lane to facilitate residential development of adjacent site. For consideration on this agenda

Representations

The site has been advertised on site and in the press. Consultations have been sent to Southern Water, The Environment Agency, Transco, Southern Electricity Board and the Primary Care Trust. Neighbour notification letters have been sent to Chatham Grammar School for Girls; and the owners and occupiers of 1-14 (consec.) Watchmans Terrace; 1, 7, 8, 9 and 10 Corral Close; 102-148 and 170-190 (evens) Beacon Road; 149-159, 163, 165, 169-175, 181, 185-201, 209-225, 235, 237, 241-249 (odds) Beacon Road, and 44 Beacon Road. In addition Ward Homes (the applicants) provided a public exhibition of the plans in Hempstead Library on 7th and 10th June.

Six letters of objection have been received raising the following points:

- Lack of parking provided on site - Overflow parking would spill into Ash Tree Lane, which would seriously constrict the road and make this an accident black spot - Already congestion in this area at school drop off and pick up times, as this is the only area suitable for dropping children off to Chatham Grammar school. The development will make this situation worse. - Concern over traffic generated by this development causing problems on Ash Tree Lane - Is there scope of diverting traffic away from Ash Tree Lane in the direction of Luton?

DC0902MW Page 32 - Three-storey car park would afford views into the rear gardens and rooms of properties in Beacon Road and cause loss of privacy - Potential safety issue if a car crashes through from the car park and lands in the gardens below – should use safety barriers and relocate the car park - Need for high fence along the boundary to stop things like footballs or projectiles being thrown or kicked down the hill - Over development of the site - Block A in particular is too high - Buildings should be moved back towards the edge of the site and reduced in height - Noise and disturbance from the proposed development, both during construction and from the future residencies - Beacon Road could become a rat-run because of the poor access onto Ash Tree Lane/A2 - Site is surrounded by mature trees - Multi-storey car park not appropriate for the site - New traffic lights at the Watling Street junction have already caused tailbacks down Ash Tree Lane – this development will simply make the situation worse - Concern that travel survey was undertaken before the traffic lights were installed, and this hasn’t taken the changes into account - Loss of outlook for occupiers of properties in Beacon Road - Loss of privacy from proposed development - Development like that in Corral Close would be more appropriate for the site - Segregation of affordable units from rest of the development is unacceptable in this day and age - Development will impact on the wildlife in the area - Increased use of Luton recreation Grounds will exacerbate problems here of litter, fly- tipping and dog fouling

One letter of comment received stating that Beacon Road properties need more than a visual barrier – actually need a high fence to stop anything falling into the gardens of these houses.

Councillor Purdy has written objecting on the grounds of the extra traffic in Ash Tree Lane, which is already a very busy narrow road; there is also the danger of traffic turning right into the proposed development.

Environment Agency raises no objection but reiterate advice that the site is within Source Protection Zone 1 of a public water supply abstraction. Care should therefore be taken in the design of the soakaways and early contact should be made with the Agency’s Groundwater and Contaminated Land Department.

Southern Water Services raise no objection subject to informatives regarding the need to contact Southern Water for supply and removal of water.

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 Built Environment Policy ENV16 Urban Open Space and Town Cramming Policy H3 Housing in Urban Areas Policy T17 Parking Standards

DC0902MW Page 33 Medway Local Plan 2003

Policy BNE1 General Principles for Built Development Policy BNE2 Amenity Protection Policy BNE23 Contamination Policy H3 Affordable Housing Policy H4 Housing in Urban Areas Policy H5 High Density Housing Policy T1 Impact of Development Policy T3 Provision for Pedestrians Policy T13 Vehicle Parking Standards

Kent and Medway Structure Plan (Deposit Version) 2003

Policy HP3 Previously Developed Land Policy QL1 Quality of Development and Design

Planning Appraisal

Principle of Development

The application is a reserved matters scheme following approval of an outline application earlier this year, which accepted the demolition of the existing buildings and the construction of some form of residential development on the site. The principle of the loss of the employment use on this site has therefore already been agreed, and this application simply deals with the detailed design of the scheme.

Siting and Design of the Buildings

The development being proposed seeks to take advantage of the site characteristics, by proposing blocks of flats which would be sited against the backdrop of the cliff/escarpment behind. The height of the flats takes into account the change in levels across the site, providing the tallest block (Block A – 6 stories) in the lowest part of the site and the smallest block (Block C – 4 stories) at the highest part of the site, near Ash Tree Lane.

The buildings also have various heights within each structure to provide a stepped elevation, which further breaks up the bulk of the buildings and would give interest to this prominent elevation. The blocks are well spaced within the site, so that they are not viewed as one continuous building against the backdrop. The distance between blocks A and B would be 24m, and between block B and C would be 12m.

The blocks of flats themselves have a modern design, which incorporates flat and curved roof designs, modern balconies and large glazed elements for the top floor flats in each case, and there is a continuity of design between the blocks. It is considered that the principle of providing modern buildings set against the backdrop of the cliff is acceptable, and would work well.

The site can be viewed from locations within Luton and approach roads towards the site, and at present the large unattractive shed style building provides the main focus of attention, with the three storey office building set to one side. The recent gymnasium for the school sits above the cliff top, and protrudes into the skyline. In contrast it is considered that the design

DC0902MW Page 34 and siting of these units would result in a development which comfortably sits within the site, and which would provide a much-improved appearance when viewed from these vantage points.

The applicants have submitted Accurate Visual Representations (AVR’s) of the site, to demonstrate accurately how the development would appear once constructed. It is considered that these images demonstrate the fact that the development would be acceptable when seen within the context of the whole hillside, and the current level of development here.

The car park would be located in front of block B, and would have a similar staggered appearance as the flats, taking into account the change in levels. Against the backdrop of the flats behind, it is considered that this would not be as stark as the plans suggest. The materials proposed for the car park would be a green concrete frame and panels, with stainless steel espalier wire support for planting cover. The colour of materials and the use of landscaping would help to blend the structure in with the surroundings.

The remainder of the parking, although predominantly located to the rear of the flats, would all be overlooked, therefore addressing concerns about security.

Housing Mix and Density of Development:

The scheme comprises a mixture of 1 and 2 bedroom flats with a density of development of 110 dwellings per hectare. The site is considered to be a ‘stand alone’ development where it has little relationship to the style or type of housing in nearby locations. As such a flatted scheme is considered to be acceptable, and makes best use of previously developed land within the urban area as encouraged with Government Planning Policy Statements. Given the constraints of the site a traditional housing scheme would be impractical and result in a development which would not accord with the aims of PPS3 in terms of density. Policy H5 of the local Plan states that where sites are located close to good public transport corridors then a greater intensity of development will be appropriate, and it is considered that this site falls within this category.

The site area falls below the 1 hectare threshold when Policy H10 (Housing Mix) would be applicable, however it is acknowledged in the supporting text that where higher density development is sought in response to Policy H5 the variety of house types would be likely to be restricted. In this instance, therefore, a wholly flatted development is considered to be acceptable.

Neighbour Amenities

The blocks of flats are set back from the cliff edge within the site, and would provide views out across the valley. Given the set back from the cliff edge, the substantial change in levels and the distances involved, it is considered that the occupiers of the new flats would not be able to view into the gardens or rear windows of the properties in Beacon Road below. It is acknowledged that there is some amenity space located in front of Block A which would in theory allow residents to stand at the edge of the site and look down towards Beacon Road, however, even in this instance the distances involved are considered to be too great to substantiate concerns about loss of privacy. There would be a distance of 30m from the edge of the site in front of Block A to the rear elevations of Beacon Road properties, as measured in plan form, which doesn’t take into account the change in levels.

DC0902MW Page 35 Highways

Access into the site is dealt with in planning application MC2005/0704, which involves junction improvement works to create a ghosted right hand turn lane when approaching from the north and two islands in the road to improve pedestrian crossing facilities.

The access road within the site would be a two-way carriageway of 4.5m in width, with a gated entrance point by Block C.

118 parking spaces are provided within the site, which for 96 apartments gives a ratio of 1.23 spaces per unit. Each unit will be allocated one dedicated parking space, with the remainder (22 spaces) being given over for visitors. The site is situated within walking distance of the main A2, with good links to public transport along here in both directions, and the services provided both in this area and in Luton. As such this level of parking provision is considered to be acceptable.

Six spaces are also allocated for disabled parking, close to the main entrance of each block. Three would be provided outside Block A, two outside Block B and one outside Block C. This level of provision and the location of the spaces are considered to be appropriate.

Adequate provision for cycle parking has also been included on site, which would meet the requirements of the adopted parking standards.

The amended plans show an enhanced level of footpath provision within the site, giving access to the blocks from all the parking areas, which would ensure pedestrian safety. Speed restraint measures in the form of rumble strips are included on the access road, to reduce speeds within the site, and these are considered to be acceptable.

Other matters

The legal agreement attached to the outline consent covered the requirement for there to be 25% affordable housing within the scheme, and agreed contributions towards improvements to off site open space facilities, education provision and traffic calming.

Landscape

The amended landscape scheme has addressed concerns over the screening of the chalk face between the blocks by including some chalk loving, mature tree species along the rear of the site. The site sections and elevations plans indicates the expected height growth of these trees, and clearly shows that the majority of the chalk face would be screened.

The landscape scheme also provides a comprehensive layout for the remainder of the site, including some landscaping along the front of the car park at ground level. This would, once established, help to screen the front elevation of the car park and blend the development in with the hillside below. The areas surrounding the blocks themselves are all shown to be softened with planting which would enhance their setting. The landscape scheme is therefore considered to be acceptable.

DC0902MW Page 36

Conclusion and reasons for approval

The proposed development is considered to be an acceptable redevelopment scheme for this site, which would enhance the appearance of the area. The site is visible from many vantage points and the replacement of the unsightly shed like building and offices with a residential development of a high standard of design would be a substantial visual improvement. The landscaping scheme seeks to address the chalk cliff face and soften the appearance of this, as well as providing a suitable landscaped appearance for the site, for the future occupiers. The external materials proposed are considered to be appropriate for the site and would ensure the buildings blend in with their setting against the hill. The distances involved between the proposed flats and the existing housing further down the hill, combined with the change in levels between these two areas would ensure a loss of privacy would not occur for the existing residents. An appropriate level of parking has been accommodated on the site. The proposal is therefore considered to be acceptable, and in accordance with Policies BNE1, BNE2, H4, H5, T3 and T13 of the Medway Local Plan.

This application was considered by Members at the Development Control Committee on the 9th November 2005, when it was determined to defer a decision to enable a Members’ site visit to be held.

DC0902MW Page 37

5 MC2005/1500

Date Received: 5th August 2005

Location: 22 Horsted Way, Rochester, Kent, ME1 2XY

Proposal: Installation of 17.8 metre high wind powered generator to the rear of the property

Applicant: Mr & Mrs S R & V S Bean 22 Horsted Way Rochester Kent ME1 2XY

Agent:

Ward: Rochester South & Horsted

Recommendation - Approval with Conditions

(and as amended by plan received on 17th October 2005)

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

2 Prior to the installation of the wind turbine hereby approved, details of its external colour treatment shall be submitted to and approved in writing by the Local Planning Authority and the turbine shall be installed in accordance with the approved details and thereafter be retained as such.

3 In this Condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs a) and b) below shall have effect until the expiration of 5 years from the date of occupation of the building for its permitted use.

a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any pruning approved shall be carried out in accordance with British Standard 3998 (Tree Work).

b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time as may be specified in writing by the Local Planning Authority.

c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this Condition and the ground levels

DC0902MW Page 38 within those areas shall not be altered, nor shall any excavation be made without the written consent of the Local Planning Authority.

4 Prior to the removal of the oak tree T2 and the installation of the wind turbine hereby permitted, details of replacement tree planting, including the siting, species and size of stock, shall be submitted to and agreed in writing by the Local Planning Authority. The approved planting works shall be carried out concurrently with the installation of the wind turbine if the installation works coincide with the timing of a planting season or during the next available planting season following the installation of the wind turbine, whichever is the sooner. If any replacement tree, within a time period of five years from the date of the installation of the wind turbine, is removed, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time as may be specified in writing by the Local Planning Authority.

5 Upon the decommissioning of the wind turbine, the structure shall be removed from the site and the land shall be restored in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

For the reasons for this recommendation of approval please see planning appraisal section and conclusions at the end of this report

Site Description

The application site comprises part of the rear garden area of a detached 2 storey house, which has a plot area of approximately 0.3 hectares. The property’s garden space comprises grassed areas to the front and rear, mature trees and dense vegetation to the rear. The character of the area consists of detached and semi-detached dwellings that are either two- storey houses or bungalows. Most of the properties within the immediate vicinity of the application property are set within large plots, with uncommonly deep rear gardens.

The application property is particularly unusual in shape as it runs in a relatively uniform, rectangular shape at a width of approximately 15 metres with a depth of 60 metres or so from its rear elevation (a point that is coincidental with the rear boundary line with the neighbouring properties in Horsted Way. However the application property has an extended garden area that projects northward beyond the rear boundary line of the adjoining properties in Horsted Way and this extension of the garden area then runs behind the rear gardens of properties in both City Way and Wilson Avenue. This northern section of the garden area is roughly triangular in shape and has a width varying between nothing at its northern extremity and approximately 27 metres to the south and a maximum depth of around 105 metres. As a consequence of the irregular shape of the northern garden extension half of its width lies behind 20 Horsted Way.

The trees within the rear garden of this property, which comprise a mixture of oak and sycamores, together with trees within adjoining rear garden areas are the subject of a Tree Preservation Order. In addition there are a number of fruit trees.

DC0902MW Page 39 Proposal

The submitted application proposes the installation of 17.8 metre high wind powered turbine towards the southern end of the northern garden extension of the rear garden of the property. The proposed turbine would be sited approximately 67 metres to the rear of the application property, approximately 7 metres to the north of 20 Horsted Way’s rearmost garden boundary.

The proposed turbine is a horizontal axis type, which means the rotating blades are aligned horizontally to the supporting tower. The supporting tower would be of a solid tubular steel construction, approximately 15.3 metres high, supporting three glass fibre reinforced polyester blades. The diameter of the blades would be approximately 5 metres, making each blade 2.5 metres in length.

The installation of the proposed turbine will require the removal of one protected oak tree (which has a decay pocket) and a protected sycamore tree and consent for the removal of the latter tree has previously been granted because it is the subject of squirrel damage.

Planning History

MC2003/2178 Outline application for the construction of one dwelling Refused 19 December 2003

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners and occupiers of: 107, 115, 117, 119, 121, 123 and 125 Wilson Avenue; 229, 231, 233, 235, 237, 237a, 239, 241, 241a, 243 and 245 City Way; 14, 16, 18, 20, 24, 26, 28 and 30 Horsted Way; and 2, 4, 5, 6, 7, 8, 9, 10, 12 and Fort Horsted Nursing Home, Primrose Close; Unit 18a Fort Horsted. Consultations have also been undertaken with Rochester Airport Plc and National Air Traffic Services Ltd.

35 letters have been received objecting to the application for the following reasons:

- Loss of value of properties - Noise disturbance - Loss of visual amenity and outlook due to height, which will be detrimental to the character and appearance of the area - Safety - The tower could be used to accommodate telecommunications equipment - Adverse impact on birds and bats - Loss of trees - Hazard to aircraft - The proposal will set a precedent for similar development - Backland development - The proposal will cause interference and light flicker

Two letters of support have been received.

National Air Traffic Services have written raising no objection to the application from a technical safeguarding aspect.

DC0902MW Page 40 Development Plan Policies

Kent Structure Plan 1996

Policy S1 (Sustainable Development and Energy Conservation) Policy ENV15 (Built Environment) Policy NR15 (Renewable Energy)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise) Policy BNE37 (Wildlife Habitats) Policy BNE41 (Tree Preservation Orders) Policy BNE43 (Trees and Development Sites) Policy CF11 (Renewable Energy)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy SP1 (Sustainable Pattern of Development) Policy QL1 (Quality of Development and Design) Policy NR1 (Energy Generation) Policy NR2 (Renewable Energy Production)

Planning Appraisal

Principle

Following Earth Summits in Kyoto (1992) and Johannesburg (2002) there is now strong global and national policy support for the development of renewable energy sources and a means of reducing reliance upon the use of fossil fuels and the generation of “greenhouse gases”.

Planning Policy Statement 22 (PPS 22) sets out the Government’s planning policy on renewable energy. PPS 22 recognises that small-scale projects can provide a limited but valuable contribution to overall output of renewable energy and to meeting energy needs both locally and nationally. Furthermore PPS22 suggests that there is significant scope for renewable energy generation to be integrated into the built environment and thus to be located in urban areas.

Policy S1 of the Kent Structure and Policy SP1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan) support the key principles of PPS 22 and the overall need to deliver sustainable patterns and forms of development. Policy SP1 of the emerging Structure Plan in particular states ‘…responding to the implications of long term climate change by advancing prudent use of energy, water and other natural resources…’ as one way of achieving sustainable development.

On the matter of identifying sites for the potential exploitation of wind for a source of energy generation, the emerging Structure Plan indicates that ‘…onshore potential may lie not only in larger schemes but in small scale opportunities involving single or small clusters of turbines’.

DC0902MW Page 41

Policy CF11 of the adopted Local Plan gives general support for renewable energy schemes provided “…the location, scale and design of the apparatus and associated infrastructure are not detrimental to nature conservation or landscape concerns and present no significant loss of residential or countryside amenity”. Similarly Policy NR2 of the emerging Structure Plan supports the introduction of renewable energy facilities provided there are no adverse visual, amenity or ecological implications arising from the proposed development.

It is considered that the general principle of this proposal accords with the provisions of Policies S1 and ENV15 of the Kent Structure Plan 1996, Policy CF11 of the adopted Local Plan and Policies SP1, NR1 and NR2 of the emerging Structure Plan.

The main issues for consideration arising from this proposal are its: visual impact; implications for the amenities of adjoining properties, including noise considerations; impact on trees and ecology.

Visual Impact

In terms of the visual impact, consideration must be given to the siting and design of the proposed turbine, within the urban context.

The proposal involves the installation of a 15.3 metre high tower supporting a turbine consisting of 3 blades with an overall diameter of 5 metres.

The proposed turbine would be located approximately 67 metres away from the rear elevation of the nearest property in Horsted Way (number 20) and approximately 85 metres away from the rear elevation of the nearest property In Wilson Avenue (number 119). There are mature trees located around the northern section of the application property’s rear garden and to the rear of most of the surrounding gardens, which will serve to help to screen the proposed turbine and therefore minimise its visual impact when it is viewed from surrounding properties. However, the top of the turbine, the hub, nacelle and blades, will be visible, from surrounding gardens and the street scene, as it is necessary for the turbine to be gain enough height to minimise turbulence and to maximise the energy capture of the wind turbine.

Although tall, the design of the turbine is relatively streamlined and given the length of the surrounding rear gardens it is considered that the proposed structure will not appear as being unduly prominent when it is viewed from neighbouring properties. It is also considered that as a consequence of its rear garden location the proposed turbine will not detract from the general streetscene.

It is considered that the proposed wind turbine would not have a detrimental impact on the appearance of the street scene or the wider area and no objection is therefore raised to the application under the provisions of Policy ENV15 of the Structure Plan, BNE1 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Residential Amenity

In terms of residential amenity, the main considerations arising from this proposal relate to the potential for noise generation and the safety implications of installing such a structure in close proximity of other residential properties.

DC0902MW Page 42 It is considered that as a consequence of the distance between the proposed turbine and the immediately neighbouring properties this proposal will have no adverse affects in terms of loss of outlook, daylight and privacy

With respect to noise generation it is to be noted that day time background noise level has been measured at 43 dB(A). The level of noise generated from the turbine at ground level has been identified as being 35 dB(A) (based upon the manufacturers specification) at a distance of approximately 13 metres from the base of the turbine, ie just beyond the northern boundary of the application property). In assessing the impact of new noise generating sources the Council normally seeks to ensure that these do not exceed a level of 3 dB(A) above the existing background level (ie an increase of 3 dB(A) above the existing background level will become audible to most humans). Applying the 3 dB(A) above background level criterion to the circumstances of this proposal the upper acceptable limit would be 46 dB(A). The noise arising from the proposed turbine is therefore predicted to be significantly lower than the background noise. Given that the proposed wind turbine would be located around 67 metres away from the rear elevation of the nearest property and that the noise levels emanating from the turbine would be considerably lower than 35 dB(A) at that and other neighbouring facades (allowing for the normal reduction in noise levels attributable to distance from the noise generating source). Although background noise levels are lower during night time period, it is considered that noise arising from the operation of the turbine will not be unacceptable during this period. It is therefore considered that this proposal will not have a detrimental impact on residential amenity in terms of noise.

With respect safety considerations, PPS 22 provides advice on what is considered to be a technically safe distance between wind turbines and occupied buildings. The safe separation distance can be calculated by adding 10% to the ‘falling over distance’ of the turbine (ie the height of the turbine from the base to the tip of the blade). For the proposed turbine, the safe separation distance is 19.6 metres (ie 15.3 + 2.5 x 1.1). Given the application property’s garden size and the distance from the nearest properties, the recommended safety distance will be more than exceeded and accordingly no objection can be raised in safety terms.

Due to the siting of the proposed turbine the sun may pass behind the rotors of the wind turbine and cast a shadow over neighbouring properties and when the blades rotate, this shadow may flick on and off, an effect known as shadow flicker. This effect will only be experienced within buildings when the flicker appears through window openings. Shadow flicker is rare and the further the observer is from the turbine, the less pronounced the effect will be. Turbines do not cast shadows to their southern side and the effect will be less pronounced when the sun is obscured by cloud, intervening buildings and vegetation. Flicker effects have been proven to occur only within ten rotor diameters of the turbine. In this case the rotor diameter will be 5 metres and therefore if shadow flicker were to occur, it would be within 50 metres of the turbine. Given that the rear elevation of the nearest property will be around 67 metres away, there would be no detrimental impact on residential amenity as a result of shadow flicker.

In amenity terms this proposal is considered to be acceptable in all regards and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policies BNE2 and BNE3 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

DC0902MW Page 43 Trees

The northern part of the application property’s rear garden accommodates a number of mature trees and dense vegetation. This is also characteristic of many of the rear gardens of surrounding properties. The greenery within the area makes for a pleasant setting and attractive amenity space for residents.

There are three mature trees immediately to west of the proposed wind turbine that are protected by a Tree Preservation Order. These protected trees comprise two sycamores and one oak. As originally submitted this application proposed the removal of all of these protected trees. One sycamore (T3) is in a poor condition, suffering from squirrel damage, and permission has already been granted for its removal. The protected oak tree (T2) has a has a substantial decay pocket which will limit the longevity of this tree. The applicant has agreed to plant replacement trees to compensate for the loss of the 2 trees that are to be removed. The siting of the proposed turbine has been amended slightly to allow for the retention of the second protected and healthy sycamore tree. Given the health of the trees that are to be removed and the proposed planting of replacement trees, it is considered that the loss of one sycamore tree and one oak tree, will not have a detrimental impact on the character and appearance of the surrounding area.

A number of poorly maintained fruit trees would also need to be removed. It is considered that these trees do not make a significant contribution to the visual amenity of the area and therefore their removal will not have a detrimental impact on the appearance of the area.

Conditions are recommended to require the protection of the retained trees while the proposed turbine is installed and to secure the planting of replacement trees to compensate for the removal of the 2 protected trees.

No objection is raised to this application under the provisions of Policies BNE41 and BNE43 of the adopted Local Plan.

Ecology

The area is not designated as being of ecological significance, however, it is noted that there is a large area of vegetation in and around the site, which is likely to provide habitats for a variety of wildlife. The turbine tower would remain in a fixed and static position. A concrete foundation will have to be put in place to enable the tower to be fixed to the ground and this area will be minimal, and is therefore considered not have a detrimental impact on the surrounding wildlife.

It is the rotating turbine blades that have the greatest implications for wildlife, birds in particular. PPS 22 states that the risk of collision between moving turbine blades and birds is minimal for birds in flight. Most birds in flight can be expected to take action to avoid obstacles but different species will vary in their reaction.

Having regard to the scale of the proposed turbine, it is considered that it will not have a significant effect on wildlife in the area and accordingly no objection is raised to the proposed development in this respect under the provisions of Policy BNE37 of the adopted Local Plan.

DC0902MW Page 44 Conclusions and reason for approval

The proposed installation of a wind turbine within the urban area will introduce a new feature within the street scene, but it is considered that this will not have a detrimental impact on the appearance and character of the immediately surrounding area and due to the location and relationship with neighbouring properties, the proposed wind turbine will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with the provisions of Policies S1, ENV15 and NR15 of the Structure Plan and Policies BNE1, BNE2, BNE3, BNE37, BNE41, BNE43 and CF11 of the adopted Local Plan and accordingly is recommended for approval.

[This application would normally fall to be determined under officers’ delegated powers but is reported for Members determination because of the number of representations that have been received that are contrary to the officer recommendation.]

DC0902MW Page 45

6 MC2005/1583

Date Received: 15th August 2005

Location: 175 Berengrave Lane, Gillingham, Kent, ME8 7UJ

Proposal: Demolition of existing bungalow and construction of detached 4 bedroom chalet style bungalow with integral garage

Applicant: Mr & Mrs Reynolds 40 Northumberland Avenue Rainham Gillingham Kent

Agent: Mr P Smith Forward Planning 543 Lords Wood Lane Chatham Kent ME5 8NR

Ward: Rainham North

Recommendation - Approval with Conditions

(as amended by drawings received 25th October 2005)

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the development is occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows other than those shown on the permitted plan shall be installed in the flank wall(s) of the dwelling herein approved without the prior written approval of the Local Planning Authority.

5 Prior to the first occupation of the development hereby permitted, vision splays of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access points and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays thereafter.

6 The area shown on the permitted drawings for vehicle parking and garaging shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995

DC0902MW Page 46 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

7 Details showing existing and proposed site levels and cross section through the proposed building and site boundaries shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.

For the reasons for this recommendation for approval please see planning appraisal section and conclusion at the end of this report.

Site Description

The application refers to no.175 Berengrave Lane, which comprises a detached bungalow set approximately 5 metres back from the road, approximately 1.5 metres from its south west boundary and approximately 6.5 metres further forward to Berengrave lane than no.173. The existing bungalow is fairly simple in its form and design and is semi dilapidated and unoccupied. The driveway to the north elevation is narrow and facilitates approximately two cars (one in front of another).

The rear garden is part grassed and part overgrown. A number of out buildings exist on the northern boundary. The adjacent property to the south (No.173) is set approximately 1 metre from the boundary with the application site, projects approximately 9 metres past the rear building line and has three windows on its side elevation facing towards the application property. Two of these windows serve non-habitable rooms while the third is a secondary window serving a kitchen/dining room that has its main light providing and outlook window to the rear leading into a conservatory. The boundary treatment generally consists of fencing and planting.

The area is semi-rural in character with properties occupying only the western side of the road. To the east is Berengrave Nature Reserve with its planting abutting the road. All properties surrounding the application property in the vicinity are simple formed detached bungalows with the exception of the neighbour to the north no.177. This property is a large two-storey detached house with exceptionally large grounds. That property is set approximately 10m from its boundary with the application site.

Proposal

The application seeks full planning consent for the demolition of the existing bungalow and the construction of a four bedroomed bungalow as a replacement. The proposed property would comprise a lounge, dining room, breakfast, kitchen, study, utility and integral garage at ground floor level with four bedrooms (two with ensuite) and a bathroom at first floor level. The property would measure approximately 12.4 metres in width by 14.9 metres in depth (at its deepest point) to a height to the ridge of approximately 8.1 metres.

It is proposed to set the property back more in line with the adjacent property to the south. It will project approximately 3.5 metres further forward than that property, reflecting the way the properties to the south are staggered towards the road, and will project behind the rear wall of the original dwelling of the no 173 but not as far as the conservatory that serves that property. The property is proposed (at the front) to be set 1 metre from the northern boundary and 1.5 metres from the southern boundary with no 173.

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The property would appear as a chalet bungalow at front with the use of three pitched dormer windows in the first floor roof space. At rear, the roof eaves is set approximately 2.5m higher that the front in order to increase the floor space at first floor level and as such, the property appears more as a two-storey dwelling at rear. The roof is hipped to all sides to reduce its impact.

Site Area/Density

Site Area: 0.11 ha (0.27acres). Site Density: 9.09 dph (3.7 dpa).

Planning History

MC2005/1276 Demolition of existing bungalow and erection of a 5-bedroomed detached house with attached single garage Withdrawn by applicant

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners and occupiers of: 165, 167, 169, 171, 173, 177 and 179 Berengrave Lane as well as no.681 Lower Rainham Road. .

Four letters have been received objecting to the submitted application for the following reasons:

- The proposal represents over-development of the plot and would dominate neighbouring properties - The proposed dwelling is out of character with the street scene - The proposal would lead to loss of light and privacy to neighbouring properties - The proposal would increase danger to the highway

Following concerns relating to the impact of the proposal upon the neighbour at no.173 regarding loss of outlook, the applicant submitted revised staggering the proposal away from the boundary with no.173 at rear. A re-consultation exercise was undertaken expiring on the 9th November 2005.

The neighbour at no.177 has raised further concerns that the street scene drawings do not represent an accurate representation of the building heights, and that the proposed bungalow is much taller than shown against the neighbouring properties. The applicant responded with an email followed by a letter and amended street scene plan indicating that the ridge heights were now accurate and disputes the concerns of no. 177. The applicant has expressed a wish for a decision based upon the information received however has agreed to a topography condition, which has been added.

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Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy H3 (Housing) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (Built Environment) Policy BNE2 (Amenity Protection) Policy H4 (Housing in Urban Areas) Policy H5 (Densities) Policy T1 (Impact of Development) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Built Environment) Policy QL5 (Quality and Density) Policy HP4 (Housing) Policy TP19 (Parking Standards)

Planning Appraisal

Principle

The application site is within an area defined in the Local Plan as linear development where in principle additional housing is acceptable. Although the density of the proposed development is lower than that advocated in PPG3, the proposed development would be consistent with the character and appearance of the area and is therefore considered to be acceptable.

The main determining issues for consideration arising from this proposal are:

- its impact on the street scene, - the effect of the proposal upon the amenities of the occupiers of neighbouring properties; and - impact on the highway.

Street Scene and Design

The general street scene is characterised by bungalows with the exception of no.177, which comprises a large two-storey dwelling on a much wider and deeper plot size to that of its neighbours. The bungalows themselves are simple in form though vary in design and sitingt; no.169 also has a front dormer window addition.

In addition the existing bungalow on site is very small and has a shallow roof with the result that it is smaller in height and bulk than its neighbours. Having regard to the mixed nature of building designs and types within the vicinity of the application site, it is considered that the

DC0902MW Page 49 proposed development would respect the built form, mass and siting of neighbouring properties that define this area and would therefore have no negative impact on the character and setting of the street scene. Whilst being set closer to the boundaries with both neighbouring properties, it is considered that the detached properties would continue to be distinguishable from each other and would not alter the appearance of the detached nature of properties in this vicinity. However it is considered prudent to request by way of condition from the topography and cross section details prior to the commencement of the development.

The proposal is therefore is considered to be in accordance with the provisions of Policies ENV15 and RS1 of the Structure Plan, Policy BNE1 of the adopted Local Plan; and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Neighbour Amenities

The neighbouring property to the south at No.173 has a number of windows on the side elevation that face towards the application site. Two of these windows serve non habitable rooms while the third serves as a secondary window for a kitchen dining room, where the main window is to the rear leading to a conservatory.

Initial concerns were raised regarding the height and proximity of the proposed property in relation to the side elevation kitchen window to no.173. As a consequence of this the applicant has submitted revised plans stepping the building away from the boundary with no.173 by an additional 2.7 metres. The revised scheme is considered to bear an acceptable impact upon the outlook amenity.

Although the principal building type in this vicinity are bungalows, first floor overlooking does exists caused by dormer window additions to properties further to the south as well as by no.177. The first floor element to the application property at rear would owing to their siting and angle of view lead to an increase in the level of first floor overlooking to no.173 particularly towards the rearmost part of the garden. This level is not considered unacceptable.

The property to the north, No.177, is set well away from the boundary and there will not be any outlook or loss of light issues to that property.

It is accepted that the proposed property would introduce some overlooking for both no.173 and 177 however the windows proposed will look down the garden rather than directly towards neighbouring property or garden and any loss of privacy is not considered to be so severe to justify a refusal on these grounds.

It is considered that the proposed development will not have any unacceptable impact on the amenities of the occupiers of the neighbouring properties and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

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Highways

At present, the current access/egress for vehicles to this property would rely on vehicles reversing onto the highway. The proposal would increase the parking area to front and would facilitate vehicle turning on-site, which would constitute an improvement for the occupiers of the site as well as passing vehicle traffic.

It is considered that the level of traffic that will be generated by the proposed development will not be prejudicial to the operation of the local highway network.

It is considered that the proposed development will not be detrimental to highway safety and accordingly no objection is raised to the application under the provisions of Policy T19 of the Structure Plan, Policies T1 and T13 of the adopted Local Plan; and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

It is considered that the proposal would result in a form of development which would be in character with the street scene, would not adversely affect the amenities of the occupiers of neighbouring properties and would provide a satisfactory level of off-street car parking. The application is considered to be in accordance with the provisions of Policies ENV15, RS1 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and is accordingly recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but is being reported for Members’ consideration because of the number of representations that have been received that are contrary to the officer recommendation.]

[This application was considered by Members at the Development Control Committee on the 19th October 2005, when it was determined to defer at officers request.

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7 MC2005/1672

Date Received: 25th August 2005

Location: Land at Rochester Airport Industrial Estate, Maidstone Road, Rochester, Kent

Proposal: Application for Industrial and Warehousing Development (Classes B2 and B8)

Applicant: Chancerygate (Rochester) Limited Seymour House Whiteleaf Road Hemel Hempstead HP3 9DE

Agent: Mrs S Gray Malcolm Judd & Partners 70 High Street Chislehurst Kent BR7 5AQ

Ward: Rochester South & Horsted

Recommendation - Approval with Conditions

(as amended by plans received on 7th November 2005)

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The approved boundary treatment shall be completed before any of the buildings are occupied and shall thereafter be maintained for the duration of the development. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 All hard and soft landscape works shall be implemented in accordance with the details shown on drawings 723.1A and 1293/TP/01/F. The hard landscaping works shall be fully implemented prior to the first occupation of any part of the development. The soft landscaping works shall be implemented and thereafter maintained for a minimum period of five years in accordance with the details specified in the Landscape Management Plan prepared by Caroline Hay Associates and dated August 2005, uness any variation is otherwise first approved in writing by the Local Planning Authority.

5 No development shall take place until the developer 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

DC0902MW Page 52 written programme and specification which has been submitted to and approved in writing by the Authority.

6 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Local Planning Authority prior to first occupation of the development hereby permitted.

7 Prior to the first occupation of any part of the development hereby permitted, sight lines of 120 metres by 4.5 metres by 120 metres shall be provided on both sides of the junction between the vehicular access serving the site and the B2097 (Maidstone Road) and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the sight lines thereafter.

8 The area shown on the permitted drawings for car, lorry and disabled persons parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

9 Prior to the first occupation of any part of the development hereby permitted a Green Travel Plan, including details of secure cycle parking, proposals to reduce car travel and encourage the use of alternative modes of transport, shall be submitted to and approved in writing by the Local Planning Authority. The Green Travel Plan shall be implemented in accordance with the approved details, unless any variation is otherwise first agreed in writing by the Local Planning Authority.

For the reasons for this recommendation of approval please see planning appraisal section and conclusions at the end of this report

Site Description

This application relates to a triangular shaped piece of land within and at the western extremity of the Rochester Airport Industrial Estate. The application site is bounded to the north by the Comet retail warehouse, to the east by Laker Road, to the south by industrial/warehouse units and to the west by Maidstone Road. The application site is currently vacant, but has a hard surface indicating that it was once occupied by buildings or used for parking. The site has an area of 1.17 hectares (2.89 acres). Self-seeded vegetation has established itself on the site, but apart from a screen hedge along the western boundary there are no trees of significance within the site.

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Proposal

The submitted application seeks full planning permission for a general industrial (Class B2) and warehousing (Class B8) development comprising a total floorspace of 5,952 sq. metres (677 sq. metres of general industrial floorspace and 5,275 sq. metres of warehousing floorspace). The proposed development would comprise 21 units, arranged in 5 blocks and each block will accommodate between 2 and 7 units. The individual units would range in size between 172 and 585 sq. metres gross floor area.

Each block would be clad in profiled metal sheeting and the buildings would be of a typical contemporary design for industrial premises. The roof design for the proposed blocks would comprise a mixture of mono-pitch or fully pitched roofs with shallow profiles. The maximum building heights would range between 7.5 and 9.7 metres and while the majority of the accommodation would be of a single storey, a number of the units would have mezzanine floors.

The proposed development would be served by a new access road leading from Maidstone Road, approximately in the centre of the site’s frontage with Maidstone Road, which would serve units in four and a half of the blocks. Four units in the block in the north eastern corner of the site would be accessed via a secondary access from Laker Road.

The development makes provision for 100 parking spaces and 20% of these spaces would be suitable for use by disabled persons. Cycle storage facilities would be provided within each unit.

The submitted plans include a landscaping scheme and in this respect it is intended to provide additional tree planting along the site’s Maidstone Road frontage to screen the rear elevation of the three blocks that run parallel to the public highway.

It is not known at this stage what companies will occupy the proposed units and therefore no details have been submitted with regard to numbers of staff to be employed, hours of operation or traffic generation. However, the application includes a Planning Statement, Highways and Traffic Statement, Landscape Management Statement and various Ground Investigation reports.

Relevant Planning History

MC2002/0553 Outline application for the construction of a four-storey office block and a one and two-storey depot building with new vehicular access and ancillary parking Approved 20th November 2002

Representations

The application has been advertised on site and in the press as a major development and neighbour notification letters have been sent to: Comet plc; the owners/occupiers of 37 to 43 (odd) Laker Road; and Rochester Airport plc. Consultation letters have also been sent to the Environment Agency, Southern Water Services Ltd., National Air Traffic Services Ltd and Tonbridge and Malling Borough Council (under the provisions of Article 10 of the Town and

DC0902MW Page 54 Country Planning (General Development Procedure) Order 1995 as a neighbouring Local Planning Authority).

Tonbridge and Malling Borough Council has written raising no objection to the application.

The Environment Agency has written raising no objection to the proposed development subject to the imposition of conditions relating to the handling of potential land contamination.

Southern Water Services has written stating that its formal approval will be required for connection to a public sewer and a condition to this effect should be attached to any planning permission.

The County Archaeological Officer has written advising that the site is close to the former location of Fort Bridgewood and that Roman remains have been found in the vicinity. Accordingly, it is recommended that a condition be attached to any permission requiring the implementation of a programme of archaeological work.

National Air Traffic Services has written advising that the proposed development has been examined from a technical safeguarding aspect and does not conflict with its criteria and accordingly it raises no objection to the proposed development.

Rochester Airport Plc has written objecting to application on the grounds that the proposed development would appear to intrude into the airspace protected under Policy T23 of the Local Plan. Part of the development is very nearly in line with a runway, which is in regular use and would be a hazard for occupiers of the proposed development and as well as airport users. The operation of the airport could also give rise to noise disturbance to prospective occupiers of the development.

A letter written on behalf of the owners of land to the north and east of the application site has been received objecting to the proposed development on the grounds that the four northernmost units will be accessed via a private estate road linking Maidstone Road with Laker Road, which is crossed by customers accessing Comet from its car park and is currently subject to traffic calming measures to improve safety and reduce through traffic. The proposed development will result in vehicles reversing and turning on the private estate road. An assessment should be undertaken of the traffic impact on neighbouring properties, including the impact on traffic flow when the units to the north, currently under construction, are operational. This correspondence also suggests the imposition of conditions requiring: all construction traffic to access the site via Maidstone Road and Laker Road; all construction vehicles to be parked within the site; the implementation of comprehensive dust control measures; and the use of wheel washing and street cleaning.

Following the receipt of the amended plans re-consultations have been undertaken.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy ENV18 (Archaeological Sites) Policy T17 (Parking) Policy T18 (Highway Impact of New Development) Policy T19 (Access to the Highway)

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Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE6 (Landscape Design) Policy BNE21 (Archaeological Sites) Policy BNE23 (Contaminated Land) Policy ED1 (Existing Employment Sites) Policy T1 (Highway Impact of Development) Policy T2 (Access to the Highway) Policy T4 (Cycle Facilities) Policy T13 (Vehicle Parking Standards) Policy T23 (Aviation Related Development)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL8 (Archaeological Sites) Policy TP11 (Access to the Highway) Policy TP14 (Highway Impact of New Development) Policy TP19 (Parking Standards)

Planning Appraisal

The Principle of the Development

The application site is located within an existing employment area, identified under Policy ED1 of the adopted Local Plan as being suitable for business (Class B1), general industry (Class B2) and storage and distribution (Class B8) uses. The proposal is for general industrial (Class B2) and warehousing (Class B8) uses and accords with the provisions of Policy ED1. The principle of the proposed development is therefore acceptable.

Design and Appearance

In terms of design, each of the proposed blocks would be of a typical contemporary design for industrial buildings. The design and appearance of the proposed development would be in keeping with the character of other developments in the locality. Three of the blocks will back directly onto the site’s boundary with Maidstone Road and to reduce the visual impact of this part of the development it is proposed to provide a continuous row of tree planting. It is considered that with the provision of this screen planting that the proposed development will not detract from the visual amenities of the area.

In design and appearance terms the application is viewed as being in accordance with the provisions of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan 2003 (the emerging Structure Plan).

Amenity Considerations

Having regard to the application site’s relationship with adjoining developments, it is considered that the proposed development will not detract from the amenities of the occupiers of the neighbouring commercial premises. Accordingly as this scheme will have no

DC0902MW Page 56 adverse amenity impacts it is viewed as being in accordance with the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highway Considerations

A Highways and Traffic Statement has been submitted as part of the application, which compares the potential traffic generation of the proposed development with that of the development previously approved under application MC2002/0553. The earlier scheme would have generated between 487 and 513 (2 way) daily vehicle movements with 86 arrivals during the morning peak (08.00 to 09.00) and 66 departures during the evening peak (17.00 to 18.00), representing an increase of 3.9% on the existing traffic flows on the B2097 Maidstone Road.

The current proposal, based on 677 sq. metres of industrial floorspace and 5,275 sq. metres of warehousing is expected to generate in the region of 437 daily (2 way) vehicle movements with 22 arrivals during the morning peak and 30 departures during the evening peak. As the currently proposed development will generate less traffic than the previously approved scheme for this site, it is considered that the local highway network will have adequate capacity to accommodate the traffic generated by the current scheme. Accordingly no objection is raised to the application under the provisions of Policy T18 of the Structure Plan, Policy T1 of the adopted Local Plan and Policy TP14 of the emerging Structure Plan.

The application includes the provision of a new vehicular access onto Maidstone Road (B2097), a primary distributor route. This access would be located approximately in the centre of the Maidstone Road site frontage and will have sight lines of 120 metres by 4.5 metres on both sides. These site lines are considered to be acceptable for a junction with a road subject to a 40 m.p.h. speed limit. The proposed access arrangements are considered to be acceptable and accordingly no objection is raised to this aspect of the application under the provisions of Policy T19 of the Structure Plan, Policy T2 of the adopted Local Plan and TP11 of the emerging Structure Plan.

The adopted vehicle parking standards require the provision of 3 spaces per unit for general industrial units between 100 and 199 sq. metres, as maxima. Four general industrial units are proposed, yielding a requirement for up to 12 parking spaces. The parking standard for the warehousing is one space per 110 sq. metres, plus 30 sq. metres for ancillary office space. Applying this standard to the proposed warehouse accommodation there is a requirement to provide 87 spaces.

The application as submitted shows the provision of 100 car parking spaces, with between 3 and 8 spaces allocated to each unit, depending upon its size. In addition each of the larger units will have an HGV parking/loading space available to it, while the smaller units will have a light goods vehicle parking/loading space available to it. Provision will be made for secure cycle parking within each unit and the applicant has indicated a willingness to produce a “Green Travel Plan”.

The proposed level of parking accords with the provisions of the adopted parking standards and is considered to be acceptable. Accordingly no objection is raised to the proposed parking arrangements under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

DC0902MW Page 57 Contamination

The submitted application also includes a Ground Investigation reports, which have been submitted to address potential contamination issues. These reports have been assessed by the Council’s Environmental Protection Officer. However, these reports do not fully address the issue of ground contamination. It is, therefore, recommended that a condition be attached to any planning permission requiring the undertaking of a full contamination investigation in accordance with Policy BNE23 of the Local Plan.

Aviation considerations

Policy T23 of the adopted Local Plan identifies criteria for assessing proposals at or affecting Rochester Airport. Essentially, these criteria relate to future development of the Airport, which is identified under Policy S11 of the Local Plan. However, the assessment under Policy T23 includes compatibility with existing or potential aviation operations. The application, as amended, shows that the proposed buildings will not encroach into the flight safety zones for the airport’s runways. Accordingly, it is considered that the proposed development will not adversely affect the operations of the airport.

Archaeology

As advised by the County Archaeological Officer, the site is close to the former location of Fort Bridgewood where Roman remains have been found. In order to comply with Policy ENV18 of the approved Structure Plan, Policy BNE21 of the Local Plan and Policy QL8 of the emerging Structure Plan, it is recommended that a condition be attached to any permission requiring a programme of archaeological work be undertaken.

Conclusions and reasons for approval

It is considered that the principle of industrial and warehousing development is acceptable in this location and that the current proposal is acceptable in terms of: design; landscaping, amenity, traffic generation, access, parking and airport safeguarding. The application is, therefore, considered to be in accordance with the provisions of Policies ENV15, T17, T18 and T19 of the Structure Plan and Policies BNE1, BNE2, BNE6, BNE21, BNE23, ED1, T1, T2, and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

[This application would normally fall to be determined under officers’ delegated powers, but is being reported for Members’ consideration due to the number of representations that have been received that are contrary to the officer recommendation.]

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8 MC2005/1682

Date Received: 1st September 2005

Location: 29 Stoke Road, Hoo, St Werburgh, Rochester, Kent, ME3 9BE

Proposal: Outline application for demolition of existing dwelling and outhouses and construction of four semi-detached houses

Applicant: Westport Design Limited 22-23 Foster Street Maidstone Kent ME15 6NH

Agent:

Ward: Peninsula

Recommendation - Approval with Conditions

1 Approval of the details of design, external appearance of the buildings and the landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

2 Plans and particulars of the reserved matters referred to in Condition 1 above shall be submitted in writing to the Local Planning Authority for approval. Such application for approval shall be made to the Authority before the expiration of three years from the date of this permission and the reserved matters shall be carried out in accordance with the approved details.

3 The development hereby permitted shall be begun no later than two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed prior to the occupation of any of the dwellings hereby permitted and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

5 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 existing and proposed ground levels; and hard surfacing materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

6 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

DC0902MW Page 59 of the development or in accordance with the programme agreed with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

7 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Local Planning Authority prior to first occupation of the development hereby permitted.

8 The details to be submitted in pursuance of Condition 01 shall show adequate land, reserved for the parking or garaging of vehicles and upon approval of the details, no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking and re-enacting that Order), shall be carried out on the land so shown (other than the erection of a private garage or garages) or in such a position as to preclude vehicular access to the reserved vehicle parking area.

9 Prior to the first occupation of the development hereby permitted, vision splays of 2.0 metres x 2.0 metres shall be provided on both sides of the vehicular access points and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays thereafter.

For the reasons for this recommendation of approval please see planning appraisal section and conclusions at the end of this report

Site Description

29 Stoke Road is a large detached house with a detached double garage to the side and a large garden to the side and rear. The rear garden slopes to the north and is enclosed on both sides and to the rear by conifer trees, which screen it from the neighbouring properties.

The site has a frontage to Stoke Road of 32 metres and a depth of between 47 and 52 metres and an area of 0.16 hectares (0.4 acres). Immediately to the south-west, there is a terrace of three houses (11,15 and 17 Stoke Road). To the north-east, there is a private drive, leading to a scout hut, beyond which there are older houses. To the north-west (rear), there is a pair of semi-detached houses (45 and 46 Peal Close), which form part of a development undertaken in the 1990’s. On the opposite side of Stoke Road, there is a pair of semi-detached houses (36 and 38 Stoke Road), which were formerly used as a police station and a small housing development dating from the 1980’s (1-15 Jennifer Court).

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Proposal

The application has been submitted in outline form and proposes the demolition of the existing house and garage and the construction of two pairs of semi-detached houses fronting onto Stoke Road. Details relating to siting and means of access have been submitted for consideration at this time, while matters relating to design, external appearance and landscaping have been reserved for future consideration.

The submitted block plan shows two pairs of semi-detached houses, each pair measuring approximately 13.5 metres wide by 12.5 metres deep. The houses would be set back between 5.5 metres and 7.5 metres from the back edge of the footpath and would have rear gardens ranging in depth between 27 metres and 34 metres. An illustrative front elevation has been submitted with the application. This shows that each house would have an integral garage with a parking space in front. Each house would therefore have two parking spaces available to it.

The indicative elevation accompanying the application suggests that the proposed houses will have accommodation within the roofspace, with dormer windows shown within the front elevation.

The outer house in each pair of houses would be set one metre from its respective party boundary and the submitted block plan indicates that the proposed houses would respectively project 2.5 and 10 metres beyond the rear elevations of 17 and 45 Stoke Road, albeit in the case of the latter property at a distance of 10 metres.

This application has been submitted following the refusal of an earlier application (MC2005/1139) for 7 dwellings which comprised two pairs of semi-detached houses fronting onto Stoke Road and a terrace of three houses to the rear, served by a new access road).

Site Area/Density

Site area: 0.16 hectare (0.4 acre) Site density: 25 d.p.h. (10 d.p.a.)

Relevant Planning History

ME/75/331 Demolition of 8 terraced cottages and erection of 4 houses with part integral garages Approved 3 November 1975

ME/77/808 Detached house and garage Approved 16 January 1978

ME/77/877 Erection of one detached house Withdrawn 20 January 1978

ME/83/0930 Conversion of existing garage into lounge and erection of a new detached double private motor garage and front porch Approved 23 January 1984

DC0902MW Page 61 ME/94/0653 Two storey side and first floor extensions over existing garage to provide self-contained accommodation for a disabled person Withdrawn 4 October 1994

MC2004/2045 Outline application for construction of one dwelling and garage Approved 29 November 2004

MC2005/1139 Outline application for demolition of existing dwelling and construction of 7 houses comprising 4 semi-detached and 3 terraced houses with new access road and car parking Refused 5 August 2005

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners/occupiers of: 9, 11, 15, 17, 28, 30, 32, 36, 38, 45, 47, 49, 51, 53 and 58 Stoke Road; 45 to 49 (consec) Peal Close; 1 to 15 (consec) Jennifer Court; 20A Bells Lane; 42 Herdsdown. A letter has also been sent to the Association of Hoo Residents.

Hoo St. Werburgh Parish Council has written objecting to the application on the grounds that the access onto Stoke Road will be dangerous.

A petition of 85 signatures and 20 letters have been received objecting to the application on the following grounds:

- The existing building is neither old, dilapidated or beyond economic repair and there is no need for it to be demolished; - The proposed development will not be in keeping with the original property or the street scene; - The proposal would impose additional strain on local amenities – schools, surgeries and transport; - Proposal would cause overlooking and loss of privacy; - The entrance to the garages and parking spaces would be on a blind bend and with vehicles reversing onto the highway would be dangerous; - The proposal would add to parking problems with vehicles parked on the highway; - There is no parking for visitors cars; and - With further development proposed elsewhere in the village, there is no need for these houses.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE23 (Contamination) Policy H2 (Prevention of Housing Stock)

DC0902MW Page 62 Policy H11 (Residential Development at Rural Settlements) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (Deposit Plan) 2003

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

The main issues for consideration in respect of this application are: whether the development is acceptable in principle; the design and appearance of the development; amenity considerations; access and parking. Regard must be paid to the previous application, which was refused on the grounds of: the provision of inadequate sight lines for drivers emerging from the proposed access; and the inadequate provision of on site vehicle parking, and whether the current proposal address these grounds of refusal.

Principle

The site is within the built confines of the village, as identified on the Proposals Map accompanying the adopted Local Plan and therefore the principle of residential development on the site is acceptable.

Although the existing house is in a good condition and capable of occupation, the building is not listed and there is no planning grounds preventing its demolition. Although the loss of a dwelling capable of occupation would generally be resisted under the provisions of Policy H2 of the adopted Local Plan, as the proposal would result in a net gain of 3 dwellings and a more efficient use of land this proposal does not breach the provisions of Policy H2. The density of the proposed development, at 25 d.p.h. (10 d.p.a.), although slightly below 30 d.p.h. recommended in PPG3 would be comparable with that of other development in the locality. It would appear from the site’s planning history that this land had previously been occupied by up to 8 dwellings, so historically a development of a much higher density has existed on the site.

Design

Although the application has been submitted in outline form with design being reserved for future consideration, an illustrative drawing showing the front elevation of one pair of semi- detached houses has been submitted. This drawing shows a pair of two storey houses with integral garages, a gabled roof and two front dormers. It is considered that this form of design would not be out of character with other development in the locality. It is considered that this site could be developed in a manner that will respect the visual character of the immediately surrounding area and accordingly no objection is raised in design terms under the provisions of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

DC0902MW Page 63 Amenity Considerations

It is considered that the proposed development will not result in any unacceptable overlooking of neighbouring properties, nor would it cause any loss of light or loss of outlook. The proposal is therefore considered to be acceptable in amenity terms and in accordance with the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Parking and Highway Matters

The previously proposed scheme for this site included the provision of a new access road, off Stoke Road, to serve the three units at the rear of the site. That application was refused on the grounds that there would have been inadequate sight lines for drivers exiting this access and joining Stoke Road. The current proposal is for a frontage development, which does not require the provision of a new access road. It is considered that the individual accesses serving each of the proposed houses will afford drivers with an acceptable level of forward visibility. Accordingly the proposed access arrangements are now considered to be acceptable in highway safety terms.

The adopted Vehicle Parking Standards require the provision of two spaces per unit as a maximum within the rural area. The submitted drawings show two spaces for each dwelling, one in the garage and one on the driveway in front of the garage. Although vehicles would need to reverse either onto or off the driveways onto the highway, this is generally the case in Stoke Road and is acceptable on such a road, which is not a primary distributor route. The proposed parking arrangements are considered to be acceptable and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

Other considerations

In view of the limited size of the proposed development no contributions are being sought in respect of education, play space or open space.

Historical maps show that between 1896 and 1922 the site was used as a Smithy, which could have given rise to contamination. Accordingly, it is recommend that a condition be attached to any planning permission requiring an investigation of contamination be carried out, in accordance with the provisions of Policy BNE23 of the adopted Local Plan.

Conclusions and Reasons for approval

The site is within the built confines of the village and the proposal is satisfactory in terms of density, layout design, neighbour amenity and access. The application is, therefore, in accordance with the provisions of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2, H11 and T13 of the adopted Local Plan and is accordingly recommended for approval.

[The application would normally be determined under Officers’ delegated powers, but is being referred to Committee for Members’ determination because of the number of letters of representation that have been received that are contrary to the officer recommendation.]

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9 MC2005/1707

Date Received: 30th August 2005

Location: Units A to E Invicta Business Centre, land adjoining Beechings Way, Gillingham, Kent.

Proposal: Retrospective application for the construction of fire escape route and retaining wall

Applicant: Borough Green Sawmills Limited C/O The Agent

Agent: Mr E Przyjemski David Hicken Associates Southgate House High Banks Loose Maidstone, Kent ME15 0EQ

Ward: Twydall

Recommendation - Approval with Conditions

1 The existing conifer screen shall be retained until the first planting season following the date of this permission. At which part the conifer screen shall be removed and the area replanted with a landscaping screen of Western Red Cedars (Thuja Plicta), which measure 1.75 metres in height, and shall be planted at 1 metre centres 1 metre from the southern boundary of the site. For the avoidance of doubt the new landscaping screen shall be planted within the same planting season following the removal of the existing conifer screen and no later than 1 month after its removal. The landscaping screen shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

2 Not withstanding the provisions of condition 1 of MC2000/1565, a landscaping scheme detailing the replacement of the existing conifer screen on the southern side of Borough Green Saw Mills shall be submitted to the Local Planning Authority within 1 month of the permission hereby granted and shall be agreed in writing by the Local Planning Authority. The existing conifer screen shall be retained until the first planting season following the date of this permission, at which point the conifer screen shall be removed and the area replanted in accordance with the approved landscaping scheme, required under the terms of this condition. The approved landscaping scheme shall be implemented within the same planting season following the removal of the existing conifer screen and no later than 1 month after its removal. The landscaping screen shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

DC0902MW Page 65

Site Description

This application relates to the recently constructed industrial buildings located to the rear (eastern side) of the Esso Filling Station on Beechings Way. The southern side of the site is bounded by Beechings Way and there is a mature conifer screen on this side of the boundary, which has recently been topped at 8 metres in height and would appear to be in decline. This boundary and the conifer screen is on slightly higher ground level than the main portion of the remainder of the site. In addition to the tree screen on this boundary there is a palisade fence of approximately 2 metres in height.

Further to the south of the site on the opposite side of Beechings Way is a mix of semi detached terraced housing, some 37 metres away. This housing is on slightly raised ground level (approximately 1.5 metres). The boundary located to the east side of the site is formed by an adjoining business (pallet storage) whilst to the north the land is vacant. The site itself, with the exception of the southern boundary, is level. To the front of the industrial building is a hardstanding which is laid out for parking and servicing of the industrial units.

Proposal

This proposal seeks full planning permission to regularise the fire escape route and the retaining wall located on the southern side for the building. This brings the closest point of the development (the retaining wall) to within 2.5 metres of the centre point of the stem of the adjoining conifer trees

Relevant Planning History

MC2004/0055 Construction of a row of five single storey units for use within Classes B1, B2 or B8 of the classes order, with trade counters and ancillary retail and display, with associated access and parking Approved 31/03/2004.

Representations

The application has been advertised by means of site notices. Additionally, neighbour notification letters have been sent to the owners and occupiers of: No’s 232 & 234 Featherby Road; Nos 2-24 (evens) Beechings Way and Top Gear , Beechings Way Industrial estate.

No responses to the neighbour consultation or the site notices have been received.

Development Plan Policies

Kent Structure Plan 1996

Policy S2 - Environment Policy ENV15 – Built Environment

Medway Local Plan 2003

DC0902MW Page 66 Policy BNE1 – General Principles for Built Development Policy BNE2 – Amenity Protection Policy BNE43 – Trees on Development Sites

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 – Quality of Development and Design

Planning Appraisal

Issues of amenity and impact on the character and appearance of the surrounding area.

Members will be aware that planning permission was granted for this industrial development, under planning reference MC2004/0055, on the 31st March 2004. The building has been constructed, along with a means of escape and a retaining wall which are the subject of this proposal. Initially concerns were raised that the building had been incorrectly located or was larger than approved. However, Officers of the Council have now plotted the building and measured the site and can confirm that the building is constructed in the correct place and that the length and depth of the development is correct. The discrepancy emerges on the applicant’s original plans, which plot the conifer screen/trees on the southern boundary in the wrong position. The originally approved plans show the trees adjoining the boundary of the site when they are in actual fact in-stepped by approximately 1.5 metres.

The retaining wall and fire escape route have very little impact from outside the site, with the exception of their effect on the conifer screen on the southern side of the development. The retaining wall and means of escape have had little impact on the character and appearance of the surrounding area and are not particularly visible from outside the site.

However, the construction of the retaining wall, to form the means of escape and the cutting back and reduction of the hedge in height early this year has resulted in almost no regeneration. In the Arboricultural Officer’s opinion these combined aspects have caused significant damage to the trees and their roots and the trees are now in decline and retain little amenity value.

In negotiating the original development, the applicant’s agent was aware of the Council’s desire to retain this conifer screen, in accordance with local plan policy BNE43, on amenity grounds. Amended plans were submitted to indicate this fact and in order to safeguard this position the Council imposed a condition seeking the retention of the conifer screen.

Bearing in mind the damage to and decline of the existing conifer screen, the Arboricultural Officer considers that, should this application be approved, the existing hedge should be removed and a replacement hedge planted to screen the industrial units. He recommends that a suitable species for the replacement hedge would be Western Red Cedars. In considering this recommendation the Arboricultural Officer has considered retaining the existing tree screen in the short term, but has concluded that he would be “surprised if a replacement conifer hedge could be established while the present hedge is still in situ. Even if replacement plants could be planted in the border, the new trees would probably be damaged once the current trees are removed”.

The applicant’s agent has agreed to replace the existing trees with “Western Red Cedars”, as recommended by or Arboricultural Officer, and suggest a root balled specimens 800-1000mm high planted at 1000mm centres and 1000mm from the site boundary. They consider that this

DC0902MW Page 67 would produce a good screening effect in a relatively short space of time. It is recognised that although larger stock sizes could be used these would take longer to establish and the desired screening effect would take longer to establish.

It is acknowledged that the removal of the existing conifer screen will result in the building and activities within the site becoming visible for a period of time. However, the damage to the existing screen is such that they no longer provide any real amenity value and cannot realistically be retained whilst a new screen is established. The Council’s Arboricultural Officer has not disputed the applicants claim and although the position is not particularly satisfactory in the short terms it is the best solution to this issue.

Conclusions and Reasons for approval

Putting the effect of the existing conifer screen aside, this development has little impact on amenity or the character or appearance of the surrounding streetscene. Bearing in mind that the applicant have agreed to replace the existing conifer screen, it is considered that the current proposal is acceptable, subject to the imposition of a condition requiring the planting of the above mentioned trees, in the positions specified, with a root ball of the size indicated. Subject to this condition, there is no justification to resist the development as the resultant development is considered to be acceptable within the terms of policy BNE1 and BNE2 of the Councils adopted Local Plan.

[This application would normally fall to be considered under Officers’ delegated powers but has been reported for Members’ consideration at the request of Cllr Gilry on the grounds that she is concerned as to the retrospective nature of the application and the level of traffic along Beechings Way.

This application was considered by Members at the Development Control Committee on the 9th November 2005, when it was determined to defer a decision to enable a Member’s site visit to be held.

DC0902MW Page 68

10 MC2005/1721

Date Received: 2nd September 2005

Location: 22 Barncroft Drive, Hempstead, Gillingham, Kent, ME7 3TJ

Proposal: Construction of first floor extension with dormer windows to the rear, conservatory to the rear and porch to the front

Applicant: Mr & Mrs Hopkins 22 Barncroft Drive Hempstead Gillingham Kent ME7 3TJ

Agent: Mr G R Westrup Architectural Plans (Medway) Ltd. 13 Walderslade Road Chatham Kent ME4 6PA

Ward: Hempstead & Wigmore

Recommendation - Refusal

1 The proposed first floor extension would cause an unacceptable loss of outlook and an increased sense of enclosure for the neighbour at number 18 Barncroft. The proposal therefore does not accord with the provisions of policy BNE2 of the Medway Local Plan and is accordingly recommended for refusal.

Site Description

The application property is a substantial, two-storey detached house located in a residential area comprising 1980s properties of mixed designs and styles. The property has an original two-storey front projection with a single storey canopy over the front door. To the rear is a single-storey flat roof extension. A detached double garage exists to the eastern side. The front garden is open plan, while the rear garden has a variety of close board fencing and brick walls to its boundaries, between approx. 1.6m and 2m in height. A dense 3m-approx conifer screen lies on the southern most rear boundary.

The area generally is characterised by small, closely related plots set around the site. The properties to the west and south back onto the application site, while the properties immediately to the east have front gardens facing the application site. No. 18, to the west, has small single storey extension with a conservatory to the rear set approx. 8m away from the flank wall of the application site.

Proposal

It is proposed to construct a first floor rear extension with dormer windows, a conservatory to the rear (approx. 3.5m projection, 5.1m in width with a pitch roof 3.6m to the ridge), and a porch to the front (approx. 2.1m projection, 2.1m in width with a pitch roof 3.2m to the ridge).

DC0902MW Page 69 This application differs from the one recently refused due to the changes to the first floor rear extension element which lower the rear eaves height from approx 5m to 3.8m through the use of dormer windows.

Planning History

MC2004/2170 Construction of a first floor rear extension and conservatory and porch to the front Refused 11 November 2004 Appeal Allowed for porch and dismissed for conservatory and first floor extension on 10 June 2005

Representations

The owners and occupiers of 10, 12, 14, 16, 18, 20, 24, 26, 28, 30 and 40 Barncroft Drive have been notified of the application.

Two letters have been received from one property raising the following objections:

- Loss of light and outlook - Affect the value and saleability of their property

Development Plan Policies

Kent Structure Plan

Policy ENV15

Medway Local Plan 2003

Policy BNE1 Policy BNE2 Policy T13

Kent & Medway Structure Plan (Deposit Plan) 2003

Policy QL1

Planning Appraisal

Street scene and design

The proposed first floor extension together with dormers and conservatory will be sited to the rear of the property and will not be unduly prominent from the road. This element will therefore have no significant impact on the street scene. The design of these elements is considered to be in keeping with the existing property and therefore acceptable. The porch, due to its scale, siting and design would only have minimal impact on the street scene and is considered to be in keeping with the existing property and character of the area.

DC0902MW Page 70 Neighbours’ amenities

The properties to the east of the application site are on the opposite side to the proposed works and a distance away. There will not therefore be any impact on them in terms of outlook, sunlight or daylight. There are no flank wall windows proposed for the first floor extension or dormers facing these properties, and therefore no issues with regards to loss of privacy.

The properties to the south are considered to be at sufficient distance that any loss of outlook, sunlight or daylight resulting from the proposed works will not be significant. The rear facing windows proposed in the first floor extension would raise no issues with regards to loss of privacy as this occurs from existing windows and dense conifer screening helps mitigate this impact. Although the conservatory would project further towards these properties, it is considered that the rear boundary treatment would provide effective screening and there would therefore be no significant loss of privacy to these properties.

The properties to the west of the application site would be at close proximity to the proposed first floor extension and conservatory. No. 20 faces onto the existing flank wall of the property and bearing this in mind the proposed extension and conservatory would have limited additional impact on this property in terms of loss of outlook, sunlight, daylight or privacy.

No. 16 is to the south and would therefore not be materially affected in terms of loss of sunlight due to orientation. It is at sufficient distance to be unaffected by the first floor extension in terms of loss of outlook or daylight, and the first floor rear windows, although they will have views into the rear garden of no. 16, will not result in a significant increase in overlooking when compared to the existing first floor windows. The proposed conservatory would project along a portion on the rear boundary of no. 16’s garden, but due to its scale and design and the height of the existing boundary treatment it is not considered that this will result in any significant loss of outlook, sunlight or daylight to that property. There is some potential for loss of privacy from the conservatory windows, but this is mitigated by existing boundary treatment height.

No. 18 faces directly onto the existing single storey projection. This is visible over the boundary fencing from the rear garden and conservatory/rear habitable room windows of that property, and despite its relatively low height is already, to a degree, imposing and dominant from this side. The increase in height of the flank wall from single-storey to two-storey would increase this impact to an unacceptable level when viewed from the habitable rooms of no 18. This outlook loss would be combined with a severe feeling of sense of enclosure from the rear garden of no. 18.

The conservatory would have the effect of extending the built form along the whole rear boundary of no. 18 and while there is no objection to the conservatory as such it would add to the sense of enclosure caused by the first floor extension.

These concerns were shared by the Inspector in dismissing the appeal for the first floor rear extension and conservatory in June of this year.

DC0902MW Page 71 Highways

The proposal will not result in the creation of an additional bedroom. The property has off- road parking for two plus cars and on-street parking is also available. No objection is raised on this ground.

Conclusions

The proposed first floor extension would cause an unacceptable loss of outlook and an increased sense of enclosure for the neighbour at number 18 Barncroft. The proposal therefore does not accord with the provisions of policy BNE2 of the Medway Local Plan and is accordingly recommended for refusal.

[The application would normally be determined under delegated powers but is being reported for committee determination due to the sensitive nature of the application and the previous informal advice given by officers].

DC0902MW Page 72

11 MC2005/1764

Date Received: 8th September 2005

Location: 10 Kingsdown Close, Hempstead, Gillingham, Kent, ME7 3PX

Proposal: Change of use of residential garage to dental surgery

Applicant: Dr AT Patel 41 Laurier Road Croydon Surrey CRO 6JQ

Agent:

Ward: Hempstead & Wigmore

Recommendation - Refusal

1 The proposed use of the garage as a dental practice would be detrimental to the residential amenities of the occupiers of properties in the area due to unacceptable levels of noise, disturbance, loss of privacy and loss of general amenity caused by visiting customers and the proximity of the site to adjoining dwellings. The proposal is therefore contrary to to the provisions of PPG4; Policy ENV15 of the Kent Structure Plan 1996, Policies BNE1, BNE2 and ED10 of the Medway Local Plan 2003; and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003.

2 The associated surfacing of the front garden area would be out of character with and detrimental to the visual amenities of the area both functionally and visually. The proposal is therefore considered contrary to the provisions of Policy ENV15 of the Kent Structure Plan 1996, Policy BNE1 of the Medway Local Plan 2003; and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003.

Site Description

This application relates to the double garage of a bungalow situated on the western side of Kingsdown Close, and at the far southern end of the road. Kingsdown close is a long cul de sac road ending adjacent to the Savacentre car park, with Hoath Way to the east. Adjacent properties are 2-storey relatively large dwellings.

The double garage itself is situated towards the rear of the garden (approximately 6 metres away from the rear boundary of 7 Tamarind Close) and adjacent to the side boundary with 8 Kingsdown Close. The remaining part of this side boundary comprises of a part 1.8 up to 2 metre high boundary fence. The boundary to the south with No.12 consists of a 1.8 metre high fence. However, as the land slopes down significantly to the west, the patio area of No.12 is exposed and visible to any users/occupiers at No.10 kinsgdown. The front garden is open plan, as are many of the gardens around Hempstead and is attractively planted with shrubs and other plants.

Directly opposite are further houses and a complex of small OAP Sheltered Housing Complex of bungalows. To the west the property’s garden backs onto the rear gardens of

DC0902MW Page 73 properties in Tamarind close. No.10 appears to have been recently sold and the neighbours have advised that the property has been vacant for some time.

Proposal

This application is for a change of use of the garage to a dental surgery (Class D1). There would be 2 staff comprising of a dental surgeon (Staff/resident) and a dental nurse/receptionist. Hours of operation would be Monday to Friday 9:00 to 17:30 and on Saturdays 9:00 to 13:00, closed on Sundays. The applicant has submitted drawings to show the front garden paved in order to provide 5 car parking spaces. It is estimated that there would be 1 car arriving per 30 minutes, as patients would be seen on an appointment basis. The applicant and his family would live in the main dwelling.

It is proposed to remove both garage doors to the garage and to replace them with a glazed window and a glazed entrance door to the left. It is also proposed to add three windows within the southern side elevation (facing onto No.12) but no windows are to be added to the northern elevation (facing onto No.8). Two windows are also proposed within the rear elevation. The proposed floor layout shows the double garage subdivided to provide a surgery room, a store, a reception/waiting room area, a washroom and a WC.

In support of the application, the applicant has submitted two letters. The 1st letter advises that the residential use will be retained within the three bedroomed bungalow. The following points are also made in support;

1) There is no dental practice in Hempstead 2) It is intended to serve the local community as a dental surgeon. 3) A petition in support with 218 signatures is enclosed. 4) The applicant advises that he has been searching for a suitable premises for a long time. 5) The applicant had success in obtaining planning permission on 167 Hempstead Road, GL96/0194 but before he could purchase the property the vendor could not wait and the property was sold elsewhere. 6) The approval would give the applicant an opportunity to move locally.

The 2nd letter refers to petitions in support. The applicant in support of the proposal has submitted two petitions with a total of 274 signatures.

Relevant Planning History

GL84/92 Detached bungalow. Approved 8.6.1984.

Note condition No.ii prevented the parking area and garage being used for any other purpose other than parking or garaging. The reason being that development without the provision of adequate accommodation for the parking of vehicles would lead to parking inconvenient to other road users and detrimental to amenity. The garage was to be retained in order to provide adequate on-site parking provision for the new dwelling at No.8 Kingsdown Close.

DC0902MW Page 74

Representation

Hempstead Residents association has written advising that the Association has always opposed the conversion of residential property into commercial use and consider that although technically there is no residential loss here, the development could set a precedent for future applications. In addition they have concerns regarding inadequate car parking provision and the amenity of the occupiers of neighbouring property.

Coppice Court Residents Association has written to object to the proposal on the grounds of:

- Kingsdown Close is currently used by a number of driving schools for tuition. The introduction of a business of this nature would increase the amount of traffic using Kingsdown Close. Apart from the increased hazard for elderly people crossing Kingsdown Close the additional noise created by the increase in traffic would be unacceptable.

- It is considered that there is inadequate parking space provided. This would increase the current driving hazards and difficulties residents encounter in Kingsdown Close.

- Concern that no provision is being made for the storage of hazardous materials. Concerned over the storage of drugs, medicine, medical chemicals and the disposal of medical waste.

15 letters of objection (from 14 households) have been received objecting on the grounds of:

- The area is a quiet residential one and the proposed development will be out of keeping.

- Concern over the likely number of patients visiting and the consequent noise, disturbance and increased vehicle movement and attraction to the building detrimental to the residential amenity of adjacent properties.

- Recognised that dentists are in short supply, but area needs NHS dentists, not private ones.

- The proposed hard paving of the front garden will be out of keeping with adjacent properties and the area generally and will be unsightly, will result in tree felling and will spoil views.

- Concern that cars being parked on the front garden area will cause noise, nuisance, exhaust pollution and loss of privacy to adjacent residents.

- Loss of privacy from the proposed side and rear elevation windows as well as loss of privacy caused by pedestrians visiting the garage.

- If the surgery windows are kept open, concern over continued noise disturbance from dental equipment being used.

DC0902MW Page 75 - Concern over provision of an x-ray machine and also will the storage of drugs, needles, syringes attract thieves, etc.

- Where will the gases for general anaesthesia, oxygen and local anaesthetic drugs be stored and how secure will they be.

- What will happen to the clinical waste.

- Concern that the dental practice may grow in number of practioniers.

- Concern expressed about the impact upon the elderly residents who reside at Coppice Court.

- Question the proposed 30 minute slots as most dentists operate on 10 minute slots.

- Should local residents want a local dentist, it should be situated within the centre of the village where there are other commercial building and properties more suited to this use.

- Currently the cul de sac close is a very safe place for children to play and thus will be affected by the increase in vehicle driving to the dental practice.

In response to these comments the applicant advises that appointments will keep traffic to a minimum, dentist drills are not noisy, no drugs will be stored on the premises and clinical waste will be disposed of using appropriate waste carriers.

Development Plan Policies

Kent Structure Plan 1996

Policy S1 (Sustainable Development) Policy S2 (Environment) Policy S3 (Economic Activity) Policy ENV15 (Built Environment) Policy T17 (Parking Standards) Policy T18 (Impact of Development, on the primary or secondary route network)

Medway Local Plan 2003

Policy S1 (Development Strategy) Policy S2 (Strategic Principles). Policy BNE1 (General Principles for Built Development). Policy BNE2 (Amenity protection) Policy ED10 (Working form Home). Policy T1 (Impact of development on the highway) Policy T13 (Vehicle Parking Standards)

Kent & Medway Structure Plan (Deposit Version) 2003

Policy SP1 (Kent’s Environment and sustainable development) Policy QL1 (Quality of development and design)

DC0902MW Page 76 Policy QL13 (Provision for new community services and infrastructure) Policy TP14 (Development traffic) Policy TP19 (Vehicle parking standards)

Planning Appraisal

Having regard to the provisions of the Development Plan, it is considered that the main issues arising from the proposal are as follows:

a) Whether the principle of the dentist business use is acceptable, b) Design and impact upon the street scene c) Whether the proposal would cause harm to the amenities of the occupiers of nearby residential properties. d) Whether the proposal would prejudice highway safety and car parking implications.

Principle

This is a wholly residential area having a quiet and secluded character. The key issue is whether the location of a dentist will harm the residential amenities of adjoining properties and those of the locality in general. In making a judgement on this, advice is set out in paragraph 15 of PPG4 (Industrial and Commercial Development and Small Firms) which states amongst other things, that:

“…In areas which are primarily residential, development plan policies should not seek to unreasonably restrict commercial and industrial activities of an appropriate scale – particularly in existing buildings – which would not affect residential amenity. Planning permission should normally be granted unless there are specific and significant objections such as a relevant development plan policy, unacceptable noise, smell, safety and health impacts or excessive traffic generation. The fact that an activity differs from the predominant land use in any locality is not a sufficient reason, in itself, for refusing planning permission. “

These provisions are replicated in policies BNE1, BNE2 and ED10, (the latter policy specifically referring to business uses carried out in residential properties) of the Medway Local Plan.

As the main use of the building will remain as a dwelling the proposal is not in conflict with Local Plan policies, which aim to prevent the loss of residential properties. Policy ED10 of the Medway Local Plan says that working from home will be permitted providing there would not be any detriment from dust, noise, smell or other emissions, that traffic and parking would not be harmful to residential amenity or road safety and that there would not be an erosion of the residential character of the area.

There will be minimal physical signs to indicate that there is a mixed use (a discreet name sign only is likely to be needed).

The use will not be in operation in the evenings, Saturday afternoons and Sundays.

The main criteria therefore are whether the use proposed would by virtue of its activity cause harm to the character and amenity of the area and any required external works would harm the appearance of the area.

DC0902MW Page 77 Street Scene and Design

Subject to a good choice of materials, it is not considered that the insertion of glazed doors and windows within the garage will harm the appearance of the garage or indeed the street scene.

However, there are concerns with regard to the proposed hard landscaping of the front garden area in order to provide car parking for customers. It is noted that the character of this part of Hempstead is one of green open plan gardens and therefore it is considered that this pleasant visual character and appearance should be retained. Therefore the proposed hard surfacing of the front garden to provide car parking is not considered acceptable.

In terms of design and appearance, the proposal conflicts with the above-mentioned Development Plan policies.

Neighbour Amenities

It is considered that the principal issue in this case is the effect of the proposal on the living conditions of neighbouring residents in terms of noise and general disturbance.

With regard to the arrival and departure of patients the proposed hours of opening of the dentist business are 9:00 to 17:30 Mondays to Fridays; 9:00 to 13:00 on Saturdays and closed on Sundays and Bank Holidays.

The applicant has estimated the likely daily levels of traffic generated by the use to be 1 car per half hour. However even relatively small daily traffic movements associated with a small dental practice of this size is likely to result in traffic movements materially in excess of that generated by the normal domestic use of the premises. This increased traffic and noise, given the relatively quiet nature of the residential locality and the cul de sac nature of the road, will, it is considered, result in loss of amenity to occupants of nearby dwellings.

There are additional concerns with regard to noise, disturbance and activity likely to be associated with the proposed commercial use. This will be generated by the arrival of customers walking down the driveway to the garage. As the garage is situated within the rear garden, it is considered that there is likely to be noise and disturbance that will arise in the rear garden as customers approach the dental practice. Due to the nature of the land and the exposed garden of the adjacent property to the south, such noise and disturbance as well as lack of privacy to the occupiers of No.12 using their rear garden, is considered to be unacceptable.

The close proximity of the private amenity areas of adjoining dwellings means that these will be adversely affected as a consequence.

The insertion of the proposed windows within the southern and rear elevations of the garage, raise concerns with regard to lack of privacy to adjoining neighbours, due to the nature of the changes in ground levels between the application site and the adjoining properties.

In addition, the proposal to hard landscape the front garden to allow car parking is considered to be unacceptable due to the proximity to habitable room windows at No.12 Kingsdown. Due to the raised level of the front garden area above these windows, there is likely to be harm to the residential amenities associated with No.12 by way of fumes, noise and disturbance.

DC0902MW Page 78

Taking into account the various elements that can be reasonably associated with the change of use, it is felt that these will give rise to noise and disturbance materially in excess of that which would be associated with the normal domestic use of the dwelling to the detriment of the amenity of dwellings abutting and close to the site. The proposal therefore fails to meet the requirements of PPG4 or any of the relevant Local Plan Policies relating to the maintenance of residential amenity and carrying out commercial activity from a dwelling.

In amenity terms the proposal is therefore viewed as being unacceptable and contrary to the cited Development Plan Policies.

Highways Impact, Traffic and Car Parking

In terms of car parking provision, Policies T17 of the Kent Structure Plan, and T13 of the adopted local Plan set out parking standards (as maxima).

The parking standard for a dentist is four spaces per consulting room although this is now a maximum rather than a minimum standard. Five on site spaces are proposed within the front garden, although it is probable that only 4 spaces can actually be physically provided. This level of provision is acceptable to serve a one-dentist practice. The applicant’s vehicles can be parked on the driveway during opening hours leaving four spaces for visitors. This should be sufficient at the vast majority of times as there is only one dentist in operation, minimising numbers waiting for treatment at any one time.

No highway objection is therefore raised and in car parking terms the proposal is therefore viewed as being acceptable.

Conclusions

It is acknowledged that a dental practice could provide a useful addition to local services. However the nature of the locality and impact on adjoining properties means that any wider benefits that might arise are not considered sufficiently compelling to justify approval in this case. It is not felt that this is the right location for such an activity, which should be refused for the reasons recommended.

For the reasons stated above the proposal is viewed as being contrary to the provisions of the Development Plan and it is therefore recommended for refusal.

[The application would normally be determined under delegated powers but is being reported for committee determination due to the petition received in favour of the application and contrary to the recommendation]

DC0902MW Page 79

12 MC2005/1777

Date Received: 14th September 2005

Location: Outside Somerfield and opposite Will Adams Court, Jeffery Street; Between 87-157 High Street and adjacent to St. Marks Church, Canterbury Street, Gillingham, Kent

Proposal: Advertisement consent for installation of eight internally illuminated double sided poster panels mounted on lampposts

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: Gillingham North

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The site comprises 8 lamp columns that are located within the core retail centre of Gillingham. The street scene within the retail centre comprises a good mix of retail units that have a variety of advertisements, consisting mainly of fascias and projecting boxes. The

DC0902MW Page 80 adverts are a mix of illuminated and non-illuminated signage. Within the pedestrianised area and the locations on the pavements adjacent to carriageways, there are single column lampposts visible.

Proposal

This application seeks advertisement consent for installation of eight internally illuminated double sided poster panels mounted on lampposts. The application has been reduced from the initial proposal of thirteen lampposts down to eight.

There is one lamppost proposed for a location adjacent to Somerfield in Jeffery Street. This would be a kerbside installation and would be set in from the kerbside by approx. 1m.

There is one lamppost proposed for a location in Canterbury Street, within close proximity to St. Mark’s Church and opposite the Zone nightclub. This would be a back of pavement installation and would be set in from the kerbside by a minimum of 1.35m.

There are six lampposts proposed for the main High Street area (between numbers 87 and 157). The proposed lampposts would all be single lamppost columns.

All proposed lampposts columns are to be replacements for existing columns and all would be of a height and design that is similar to existing lampposts in the area.

The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application was advertised on site and neighbour notification letters have been sent to the owners/occupiers of 1, 3, 5, 16, 18, 20, 22-32 (The Zone and Ethos Nightclub) and St. Mark’s Church Canterbury Street; 85, 87, 91, 95-115 (inclusive, odd), 115a, 117, 121-133 (inclusive, odd), Corner House 133a, 135-145 (inclusive, odd), 151-157, 86-100 (inclusive, even), 100a, 102-110 (inclusive, even), 110b, 112, 112a, 114, 116, 116a, 116b, 118, 118a, 120-122, 122a, 124, 124a, 126-130 (inclusive, even), 134-142 High Street; 52, 54 and 63 Green Street; 44, 44a, Flats 1-19 (consecutive) Will Adams Court and Somerfield Jeffery Street; Flats 1-18 Tintagel Manor, Skinner Street.

Four letters of objection have been received making the following comments:

- Negative impact on the local economy - Potential for national/local advertising – larger shopping centres could advertise their facilities - Street clutter - Impact on historic features - Not in keeping with the existing style of the High Street

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment)

DC0902MW Page 81 Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

Planning Appraisal

Street Scene and Design

The area comprises a mix of retail and residential units. There are a high proportion of retail units which have illuminated signage. The proposed lamppost columns would be replacements of existing columns.

All eight of the proposed lamppost columns would be located within the core retail centre of Gillingham. Having regard to the retail character of the area, it is considered that the proposed advertisements will not look out of place and will not therefore detract from the visual amenities or character of the immediate area.

In visual amenity terms the proposal is considered to be in accordance with the provisions of Policy ENV15 OF THE Structure Plan 1996, Policies BNE1 and BNE10 of the Medway Local Plan 2003 and Policies QL1 and QL2 of the Kent and Medway Structure Plan (Deposit Version) 2003.

Amenity Considerations

Having regard to the commercial nature of the area within the vicinity of the application sites and the siting of the advertisement panels relative to the premises, it is considered that the installation of the proposed panels will not have a detrimental effect upon the amenities of the occupiers of adjoining properties.

In amenity terms no objection is raised to the application under the provisions of Policy ENV15 of the Kent and Medway Structure Plan 1996, Policies BNE2, and BNE10 of the Medway Local Plan 2003 and Policy QL1 of the Kent and Medway Structure Plan Deposit Version 2003.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements in the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial to highway safety.

Accordingly in this regard no objection is raised to the application under the provisions of Policy BNE10 of the Medway Local Plan 2003.

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Conclusions and reason for approval

The proposed installation of eight internally illuminated double-sided poster panels mounted on lampposts will not detract from the appearance and character of the immediate surrounding area and due to the location and relationship with neighbouring properties; they will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996 and Policies BNE1, BNE2, BNE5, and BNE10 of the Medway Local Plan 2003 and accordingly is recommended for approval.

This application would normally fall for determination under powers delegated by Planning Committee but is reported to members due to the number of representations that have been received that are contrary to the officer recommendation.

DC0902MW Page 83

13 MC2005/1781

Date Received: 14th September 2005

Location: Between the junction of Enterprise Close and Maritime Close, Medway City Estate, Strood, Rochester, Kent

Proposal: Advertisement consent for installation of two internally illuminated double sided poster panels mounted on lampposts

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: Strood Rural

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation of approval please see planning appraisal section and conclusions at the end of this report

Site Description

The application sites comprise 2 lamp columns within the verge on the eastern side of Anthonys Way at the northern extremity of Medway City Estate, just to the north of Terence Butler Avenue. To the east of the application sites there is a petrol filling station and a drive

DC0902MW Page 84 through restaurant. On the western side of Anthonys Way there are industrial and warehouse units and a car showroom.

Proposal

The submitted application seeks advertisement consent for the installation of two internally illuminated double sided poster panels mounted on lampposts.

The application originally proposed the installation of four lamp post mounted panels, two on the western side of the road and two on the eastern side of the road. The application has subsequently been amended reducing the number of panels to two panels on the eastern side of the road. To facilitate the installation of the proposed panels, the existing light columns will be removed and be replaced by lamp columns specifically designed to accommodate the advertisement panels. The replacement columns will be of a height that is similar to existing lampposts in the area. It is to be noted that the replacement columns in themselves do not require planning permission for their installation.

The lampposts would be back of the pavement installations and would be set in from the kerbside by a minimum of 1.35 metres. The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application has been advertised on site and neighbour notification letters have been sent to the BP Garage and McDonalds on Anthonys Way; Units 9, 10, 11, 12 Northpoint Business Estate, Enterprise Close; and Unit 6 Bergland Park, Maritime Close.

Frindsbury Extra Parish Council has written objecting to the application on the grounds that the proposed advertisements are inappropriate, amounting to clutter on the roadside, and will be prejudicial to highway safety because they will distract drivers.

One letter has been received objecting to the application on the grounds that the proposed signage will detract from the visual appearance of the area and the signs are unnecessary.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment)

Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

DC0902MW Page 85 Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

Planning Appraisal

Street Scene and Design

The area is designated as an employment area. The majority of units within the estate do not have illuminated signage. However the adjoining petrol filling station and drive through restaurant do have illuminated signage and it is considered that the provision of two illuminated poster panels in the context of the adjacent illuminated signage would not detract from the character or appearance of the streetscene. The application has originally submitted included two panels on the western side of Anthonys Way, which in the absence of illuminated signs on this side of the road would have looked out of place and the panels on the western side of the road have been deleted from the application.

Given that the proposal is now for two advertisement panels, which would be adjacent to other illuminated advertisements, it is considered that this proposal will not give rise to a situation of clutter. It is therefore considered that there would be no detrimental impact on the appearance of the street scene and accordingly in this respect the proposal is considered to be in accordance with the provisions of Policy ENV15 of the Structure Plan, Policies BNE1 and BNE10 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Amenity Considerations

Having regard to the commercial nature of the area within the vicinity of the application site and the siting of the proposed advertisement panels relative to the premises, it is considered that the installation of the proposed panels will not have a detrimental effect upon the amenities of the occupiers of adjoining properties.

In amenity terms no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policies BNE2 and BNE10 of the adopted Local Plan 2003 and Policy QL1 of the emerging Structure Plan.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements within the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial highway safety.

Accordingly in this respect no objection is raised to the application under the provisions of Policy BNE10 of the adopted Local Plan.

Conclusions and reason for approval

The proposed installation of the proposed internally illuminated double-sided poster panels mounted on lampposts in this location will not detract from the appearance and character of

DC0902MW Page 86 the immediate surrounding area and due to their location and relationship with neighbouring properties will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or highway safety. The application is considered to be in accordance with the provisions of Policy ENV15 of the Structure Plan and Policies BNE1, BNE2 and BNE10 of the adopted Local Plan and accordingly is recommended for approval.

[This application would normally fall for determination under Officers’ delegated powers but is being reported for Members’ determination because of the representation that has been received from the Parish Council which is contrary to the officer recommendation.

DC0902MW Page 87

14 MC2005/1783

Date Received: 14th September 2005

Location: Outside Morrisons, Knight Road, Strood, Rochester, Kent

Proposal: Advertisement consent for installation of four internally illuminated double sided poster panels mounted on lampposts

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs B77 4RP

Agent:

Ward: Strood South

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation of approval please see planning appraisal section and conclusions at the end of this report

Site Description

The application site comprises 4 lamp columns on the eastern side of Knight Road directly outside the new Morrisons superstore in Strood. The eastern side of Knight Road is characterised by retail units while the western side of the street comprises industrial and

DC0902MW Page 88 other commercial uses. The adjoining retail units have illuminated signage while the other commercial units tend to have non-illuminated signage.

Proposal

This application seeks advertisement consent for installation of four internally illuminated double sided poster panels mounted on lampposts.

To facilitate the installation of the proposed panels, the existing light columns will be removed and be replaced by lamp columns specifically designed to accommodate the advertisement panels. The replacement columns will be of a height that is similar to existing lampposts in the area. It is to be noted that the replacement columns in themselves do not require planning permission for their installation.

The lampposts would be back of the pavement installations and would be set in from the kerbside by a minimum of 1.35 metres. The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application has been advertised on site and neighbour notification letters have been sent to: Units 1 and Unit 10 Deacon Trading Centre and Cricketers Arms, Knight Road; and Grant Handling, Alma Place.

No representations have been received.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

DC0902MW Page 89

Planning Appraisal

Street Scene and Design

The area within the vicinity of the application sites comprises a mixture of retail and industrial units. There are illuminated advertisements on the retail units to the east and non-illuminated advertisements on the industrial units to the west.

All four of the proposed lamppost columns would be located on the eastern side of Knight Road. Having regard to the retail character of this side of Knight Road, it is considered that the proposed advertisements will not look out of place and will not therefore detract from the visual amenities or character of the immediate area.

In visual amenity terms the proposal is considered to be in accordance with the provisions of Policy ENV15 of the Structure Plan, Policies BNE1 and BNE10 of the adopted Local Plan and Policies QL1 and QL2 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Amenity Considerations

Having regard to the commercial nature of the area within the vicinity of the application sites and the siting of the proposed advertisement panels relative to the premises, it is considered that the installation of the proposed panels will not have a detrimental effect upon the amenities of the occupiers of adjoining properties.

In amenity terms no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policies BNE2 and BNE10 of the adopted Local Plan 2003 and Policy QL1 of the emerging Structure Plan.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements within the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial highway safety.

Accordingly in this respect no objection is raised to the application under the provisions of Policy BNE10 of the adopted Local Plan.

Conclusions and reason for approval

The proposed installation of the proposed internally illuminated double-sided poster panels mounted on lampposts in this location will not detract from the appearance and character of the immediate surrounding area and due to their location and relationship with neighbouring properties will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or highway safety. The application is considered to be in accordance

DC0902MW Page 90 with the provisions of Policy ENV15 of the Structure Plan and Policies BNE1, BNE2 and BNE10 of the adopted Local Plan and accordingly is recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but has been reported for Members determination for reasons of consistency having regard to the fact that a number of other similar applications have been submitted for sites across Medway and are being referred to Committee for determination.]

DC0902MW Page 91

15 MC2005/1785

Date Received: 14th September 2005

Location: Outside 60 Twydall Green, Gillingham, Kent, ME8 6XJ

Proposal: Advertisement consent for installation of one internally illuminated double sided poster panel mounted on lamppost

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: Twydall

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The site comprises 1 lamp column on the Eastern side of Twydall Green and is located within an area that is designated as a Local Shopping Centre. This particular local centre is quite large and there are a number of units with a variety of advertisements consisting mainly of fascias and projecting boxes. The adverts are a mix of illuminated and non-illuminated signage. There are also residential properties within the area.

DC0902MW Page 92

There is an island in the middle of the road at Twydall Green, which accommodates railings for highway safety purposes, traffic signage and four lamppost columns, each with two lamps.

Proposal

This application seeks advertisement consent for the installation of one internally illuminated double-sided poster panel mounted on lamppost.

The lamppost would be located approx. 4m away from the front elevation of number 60 and would be set in from the kerbside by approx. 1m. The lamppost itself would be of a height that is similar to existing lampposts in the area.

The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application was advertised on site and neighbour notification letters have been sent to the owners and occupiers of numbers 56-57, 58, 59, 60, 61, 62, 63, 66, 67, 72, 74, 75, 76, 77, 78, 79 Twydall Green.

No representations have been received

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment)

Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements) Policy R10 (Local Centres, Village Shops and Neighbourhood Centres)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

Planning Appraisal

Street Scene and Design

The area is designated as a Local Shopping Centre and there are a quite a large number of retail units which have illuminated signage. The proposed lamppost would be new column

DC0902MW Page 93 rather than the replacement of an existing column. The present situation shows that the lampposts in this area are all located within the central traffic island along Twydall Green.

Given that the proposal is for one lamppost only, that the lamppost to be put in would be of a similar design to the existing lampposts and that the area is a retail area with a high proportion of illuminated signage, it is considered that there would be no detrimental impact on the appearance of the street scene as a result of this development.

The proposal is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996, Policies BNE1 and BNE10 of the Medway Local Plan 2003 and Policies QL1 and QL2 of the Kent and Medway Structure Plan Deposit Version 2003.

Amenity Considerations

The proposed lamppost would be located within a retail area, however there are residential properties above the retail units, which need to be taken into consideration.

Taking into account the display unit would be of a similar height to the existing illuminated fascia boards on the front of the shops and that the nearest habitable room windows would be higher than the display unit, it is considered that there would be no detrimental impact on the amenities of the occupiers of any surrounding property.

The proposal would be in accordance with Policy ENV15 of the Kent and Medway Structure Plan 1996, Policies BNE2, and BNE5 of the Medway Local Plan 2003 and Policy QL1 of the Kent and Medway Structure Plan Deposit Version 2003.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements in the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial to highway safety.

Accordingly in this regard no objection is raised to the application under the provisions of Policy BNE10 of the Medway Local Plan 2003.

Conclusions and reason for approval

The proposed installation of an internally illuminated double-sided poster panel mounted on a lamppost will not detract from the appearance and character of the immediate surrounding area and due to its location and relationship with neighbouring properties; it will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996 and Policies BNE1, BNE2, BNE5, and BNE10 of the Medway Local Plan 2003 and accordingly is recommended for approval.

This application would normally fall to be determined under delegated powers but is being reported for Committee determination for reasons of consistency having regard to the fact that a number of other similar applications have been submitted for sites across Medway and are being referred to Committee for determination.

DC0902MW Page 94

16 MC2005/1787

Date Received: 14th September 2005

Location: Outside 101-103 Watling Street, Gillingham, Kent

Proposal: Advertisement consent for installation of one internally illuminated double sided poster panel mounted on lamppost

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: Watling

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The site comprises 1 lamp column on the southern side of Watling Street and is located within an area that is within close proximity to but not within a Local Shopping Centre. However, within the immediate vicinity there are a number of retail units with a variety of advertisements consisting mainly of fascias and projecting boxes. The adverts are a mix of

DC0902MW Page 95 illuminated and non-illuminated signage. There are also residential properties within the area.

Within the area, there are single column lampposts along the pavements and there are double lampposts located on a central island within the road itself.

Proposal

This application seeks advertisement consent for the installation of one internally illuminated double-sided poster panel mounted on lamppost.

The lamppost would be a kerbside installation and would be set in from the kerbside by approx. 1m. The lamppost itself would be of a height that is similar to existing lampposts in the area.

The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners and occupiers of numbers 84, 86, Flat 86, 88, Flat 88, 99, Flat 99, 101, Flat 101, 103, Flat 103, 105 and Flat 105 Watling Street, Gillingham.

One letter has been received the following points have been raised as an objection to the proposal:

- Not in keeping with the local plan - Lack of vision - Not in keeping with the local area - Impact on residential amenity from the illumination - Encourage vandalism - Road safety hazard

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment)

Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

DC0902MW Page 96

Planning Appraisal

Street Scene and Design

The area comprises a mix of retail and residential units. There are a quite a significant number of retail units which have illuminated signage. The proposed lamppost would be a replacement of an existing column.

Given that the proposal is for one lamppost only, that the lamppost to be put in would be of a similar design to the existing lampposts and that the area is a retail area with a high proportion of illuminated signage, it is considered that there would be no detrimental impact on the appearance of the street scene as a result of this development.

The proposal is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996, Policies BNE1 and BNE10 of the Medway Local Plan 2003 and Policies QL1 and QL2 of the Kent and Medway Structure Plan Deposit Version 2003.

Amenity Considerations

Taking into account the display unit would be of a similar height to the existing illuminated fascia boards on the front of the shops and that the nearest habitable room windows would be higher than the display unit, it is considered that there would be no detrimental impact on the amenities of the occupiers of any surrounding property.

In terms of public safety, the display unit would be located at approx. 2.7m above ground level which provides sufficient room for people to pass easily underneath, therefore it is considered that there would be no detrimental impact in this regard.

The proposal would be in accordance with Policy ENV15 of the Kent and Medway Structure Plan 1996, Policies BNE2, and BNE5 of the Medway Local Plan 2003 and Policy QL1 of the Kent and Medway Structure Plan Deposit Version 2003.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements in the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial to highway safety.

Accordingly in this regard no objection is raised to the application under the provisions of Policy BNE10 of the Medway Local Plan 2003.

Conclusions and reason for approval

The proposed installation of an internally illuminated double-sided poster panel mounted on a lamppost will not detract from the appearance and character of the immediate surrounding area and due to its location and relationship with neighbouring properties; it will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with Policy

DC0902MW Page 97 ENV15 of the Kent Structure Plan 1996 and Policies BNE1, BNE2, BNE5, and BNE10 of the Medway Local Plan 2003 and accordingly is recommended for approval.

This application would normally fall to be determined under delegated powers but is being reported for Committee determination for reasons of consistency having regard to the fact that a number of other similar applications have been submitted for sites across Medway and are being referred to Committee for determination.

DC0902MW Page 98

17 MC2005/1788

Date Received: 14th September 2005

Location: Vicinity of junctions between Medway Street, Sir John Hawkins Way and Holborn Lane, Chatham, Kent

Proposal: Advertisement consent for installation of two internally illuminated double sided poster panels mounted on lampposts

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: River

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The site comprises 2 lamp columns on both the southern and northern sides of Medway Street and is located just within the core retail area of Chatham as designated in the Medway

DC0902MW Page 99 Local Plan 2003. There are retail units within the immediate vicinity that have illuminated signs which vary size and design. There are no residential properties within the area.

The existing lamppost columns within this street scene all appear to be located to the back edge of the pavement.

Proposal

This application seeks advertisement consent for the installation of two internally illuminated double-sided poster panel mounted on lamppost.

The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application was advertised on site and neighbour notification letters have been sent to the owners and occupiers of numbers 2, 2a, 4-6 and Staples Office Supplies, Medway Street and 125-127 and 127-129 High Street.

No representations have been received

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment)

Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

Planning Appraisal

Street Scene and Design

The area is just within the core retail centre of Chatham and there are retail units which have illuminated signage along this part of Medway Street. The proposed lampposts would be replacements of existing columns rather than new columns.

Both of the lamp post columns would be located within the core retail centre of Chatham. Having regard to the retail character of the area, it is considered that the proposed

DC0902MW Page 100 advertisements will not look out of place and will not therefore detract from the visual amenities or character of the immediate area.

In visual amenities terms the proposal is considered to be in accordance with the provisions of Policy ENV15 of the Kent Structure Plan 1996, Policies BNE1 and BNE10 of the Medway Local Plan 2003 and Policies QL1 and QL2 of the Kent and Medway Structure Plan (Deposit Version) 2003.

Amenity Considerations

Having regard to the commercial nature of the area within the vicinity of the application sites and the siting of the advertisement panels relative to the premises, it is considered that the installation of the proposed panels will not have a detrimental effect upon the amenities of the occupiers of adjoining properties.

In amenity terms no objection is raised to the application under the provisions of Policy ENV15 of the Kent and Medway Structure Plan 1996, Policies BNE2, and BNE10 of the Medway Local Plan 2003 and Policy QL1 of the Kent and Medway Structure Plan Deposit Version 2003.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements in the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial to highway safety.

Accordingly in this regard no objection is raised to the application under the provisions of Policy BNE10 of the Medway Local Plan 2003.

Conclusions and reason for approval

The proposed installation of two internally illuminated double-sided poster panels mounted on a lampposts will not detract from the appearance and character of the immediate surrounding area and due to the proposed locations and relationship with neighbouring properties; it will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996 and Policies BNE1, BNE2, BNE5, and BNE10 of the Medway Local Plan 2003 and accordingly is recommended for approval.

This application would normally fall to be determined under delegated powers but is being reported for Committee determination for reasons of consistency having regard to the fact that a number of other similar applications have been submitted for sites across Medway and are being referred to Committee for determination.

DC0902MW Page 101

18 MC2005/1792

Date Received: 14th September 2005

Location: High Street (between 142-346), Chatham, Kent

Proposal: Advertisement consent for installation of seven internally illuminated double sided poster panels mounted on lampposts

Applicant: Streetbroadcast Limited 6 The Pavillions Amber Close Amington Industrial Estate Tamworth Staffs. B77 4RP

Agent:

Ward: River

Recommendation - Approval with Conditions

1 (i) Any advertisements displayed and any site used for the display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority.

(ii) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

(iii) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority.

(iv) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

(v) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or aerodrome (civil or military).

2 The proposed display unit herein approved shall only be used for the purpose of displaying static advertisements and any illumination shall not be intermittent.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The site comprises 7 lamp columns of which the majority are located within the core retail centre of Chatham. The street scene within the retail centre comprises a good mix of retail units which have a variety of advertisements, consisting mainly of fascias and projecting boxes. The adverts are a mix of illuminated and non-illuminated signage. Within the

DC0902MW Page 102 pedestrianised area and the proposed locations on the pavements adjacent to carriageways, there are single column lampposts visible.

Proposal

This application seeks advertisement consent for installation of seven internally illuminated double sided poster panels mounted on lampposts.

The application has been reduced from the initial proposal of twelve lampposts down to seven.

There is one lamppost proposed for a location outside of the core retail area, opposite the old Cinema site and adjacent to number 346, at the southeastern end of the High Street. This would be a back of pavement installation and would be set in from the kerbside by a minimum of 1.35m.

There are six lampposts proposed for the main High Street area (between numbers 142 and 253). The proposed lampposts would all be single lamppost columns.

All proposed lampposts columns are to be replacements for existing columns and all would be of a height and design that is similar to existing lampposts in the area.

The illuminated advertisement panels will be approximately 2041mm high, 1293mm wide and 530mm deep. The panels will accommodate posters of approximately 1200mm by 1800mm. The advertisement panels will be approximately 2700mm above ground level.

Representations

The application was advertised on site and neighbour notification letters have been sent to the owners and occupiers of 139, 139-141, 147, 161, 165, Flat 165, 167-169, 175, Flat 175- 177, 177, 179, Flat 179, 181, 189, Flat 181-187, 191, 195, 197, 201, 203, 205, 207, 209, Flat 209, 235-243 (inclusive, odd), Flat 243, 245, 245a, 247, 249-251 High Street, Chatham; 142- 166 (inclusive, even), 172-174, 176, 180-198 (inclusive, even), 198a, 200, 220-246, 344a, 346, 346a, 346b, 346c, Holland and Barrett, High Street, Chatham; Invicta Co-operative Society Ltd., Granada Group Ltd., The Pentagon.

Development Plan Policies

Kent Structure Plan 1996:

Policy ENV15 (Built Environment)

Medway Local Plan 2003:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE5 (Lighting) Policy BNE10 (Advertisements)

DC0902MW Page 103 Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL2 (Priorities for the Public Realm)

Planning Appraisal

Street Scene and Design

The area comprises a mix of retail and residential units. There are a high proportion of retail units which have illuminated signage. The proposed lamppost columns would be replacements of existing columns.

Six of the of the proposed lamppost columns would be located within the core retail centre of Chatham and the seventh would be located within an area, that although not designated as core retail centre, does have a high proportion of retail units present. Having regard to the retail character of the area, it is considered that the proposed advertisements will not look out of place and will not therefore detract from the visual amenities or character of the immediate area.

In visual amenities terms the proposal is considered to be in accordance with the provisions of Policy ENV15 of the Kent Structure Plan 1996, Policies BNE1 and BNE10 of the Medway Local Plan 2003 and Policies QL1 and QL2 of the Kent and Medway Structure Plan (Deposit Version) 2003.

Amenity Considerations

Having regard to the commercial nature of the area within the vicinity of the application sites and the siting of the advertisement panels relative to the premises, it is considered that the installation of the proposed panels will not have a detrimental effect upon the amenities of the occupiers of adjoining properties.

In amenity terms no objection is raised to the application under the provisions of Policy ENV15 of the Kent and Medway Structure Plan 1996, Policies BNE2, and BNE10 of the Medway Local Plan 2003 and Policy QL1 of the Kent and Medway Structure Plan Deposit Version 2003.

Highways

The proposed advertisements will be static installations and the units will be no brighter than the existing illuminated advertisements in the vicinity. It is considered that the presence of the proposed signs will not cause undue distraction to drivers and will not obstruct views of any road traffic signage. It is therefore considered that this proposal will not be prejudicial to highway safety.

Accordingly in this regard no objection is raised to the application under the provisions of Policy BNE10 of the Medway Local Plan 2003.

DC0902MW Page 104 Conclusions and reason for approval

The proposed installation of seven internally illuminated double-sided poster panels mounted on lampposts will not detract from the appearance and character of the immediate surrounding area and due to the location and relationship with neighbouring properties; they will not cause any unacceptable harm to the amenities of the occupiers of surrounding properties or the personal safety of the public. The application is considered to be in accordance with Policy ENV15 of the Kent Structure Plan 1996 and Policies BNE1, BNE2, BNE5, and BNE10 of the Medway Local Plan 2003 and accordingly is recommended for approval.

This application would normally fall to be determined under delegated powers but is being reported for Committee determination for reasons of consistency having regard to the fact that a number of other similar applications have been submitted for sites across Medway and are being referred to Committee for determination.

DC0902MW Page 105

19 MC2005/1816

Date Received: 19th September 2005

Location: 186 Bush Road, Cuxton, Rochester, Kent, ME2 1HE

Proposal: Construction of a part two storey/part single storey rear extension incorporating a loft conversion with the insertion of 1 dormer window to the front to facilitate living accommodation in the roof space

Applicant: Mr Dobbs 186 Bush Road Cuxton Rochester Kent

Agent: Mr D Sellwood 135 Columbine Close Strood Rochester Kent ME2 2YD

Ward: Cuxton & Halling

Recommendation - Approval with Conditions

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

2 Materials used on the construction of external surfaces of the development herein approved shall match those used on the existing dwelling.

3 Prior to the occupation of the development hereby permitted the window serving the landing on the southeast elevation shall be fitted with obscure glass and shall be no-opening apart from any top hung fan light and shall thereafter be retained as such.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no first floor windows other than those shown on the plan herein approved shall be installed in the southeast flank wall of the extension herein approved without the prior written approval of the Local Planning Authority.

5 The development hereby permitted shall be commenced and be completed concurrently with the proposed extension at 188 Bush Road subject to planning application MC2005/1860, unless any variation is otherwise first approved in writing by the Local Planning Authority.

DC0902MW Page 106 For the reasons for this recommendation for approval please see Planning Appraisal section and conclusion at the end of this report.

Site Description

The application property is a two bed, two-storey, semi-detached house located towards the western end of the village. There are a mixture of houses and bungalows of varying designs within the immediate vicinity of the application site and a number of these properties have been extended. The property is elevated approximately one metre above road level. There is an area to the front of the property, which could provide parking for two vehicles. To the side of the dwelling there is a small single storey extension. To the rear of the house there is an out building. The boundary to the northwest comprise 2 metre (approximately) high fencing. The boundary to the southeast comprises a 1.8 metre (approximately) high brick wall.

The neighbouring property at 184 Bush Road is a chalet bungalow which has a number of single storey extensions, one of which is on the boundary with the application property and work being carried out on a is single storey extension and dormer.

The other neighbouring property is 188 Bush Road which is the other half of this pair of semi- detached houses.

Proposal

The submitted application proposes the construction of a part two storey and part single storey side and rear extension and the insertion of one dormer window within the front elevation.

The proposed side and rear extension would project at ground and first floor levels 4.3 and 3.6 metres respectively from the property’s existing rear elevation. The proposed side extension would have a width of 2 metres and would lie behind the property’s existing side extension. The two-storey element of the proposed rear extension would house accommodation within its roof space. The proposed extension will therefore wrap itself around the property’s north eastern corner increasing the width of the property at this point at ground and first floor levels from 4.6 to 6.6 metres. This extension would accommodate an enlarged kitchen/diner at ground floor level and an enlarged second bedroom at first floor level. The roof space of this extension would house a third bedroom, which would be illuminated by a window in what would be a gable end to this addition. This extension would be clad in render and roofing tiles to match the existing house.

The proposed front dormer would be centrally located within the existing front roof plane and would have a pitched roof and a width of 1.2 metres and would accommodate an en-suite bathroom.

[It is to be noted that a similar set of additions are proposed for the other half of this pair of semi-detached houses and those works are the subject of planning application MC2005/1860, which is reported later on this agenda.]

DC0902MW Page 107 Relevant Planning History

MC2003/1893 Insertion of dormers to front and rear to facilitate conversion of roof space to living accommodation and single storey front extension and porch to side with canopy over Refused 22 October 2003

MC2003/2598 Construction of single storey side extension and insertion of dormer to front and rear to facilitate loft conversion Approved 26 January 2004

Representations

Neighbour notification letters have been sent to the owners and occupiers of 184 and 188 Bush Road.

Cuxton Parish Council has written objecting to the application for the following reasons:

- The extensions are too large for the property; and

- The proposed additions will be out of keeping with the street scene.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Kent’s Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T13 (Parking Provision)

Kent and Medway Structure Plan (Deposit Plan 2003)

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

Street Scene and Design

The proposed side and rear extensions will be visible from the public highway and while these additions are relatively large, it is considered that they will not be out of proportion with the existing property and will thus not be unduly dominant. Within this context it is to be noted that a number of properties within the vicinity of the application property have been extended to varying degrees. The proposed side extension would be set in one metre from the party boundary with 184 Bush Road with the result that the extended property would not appear cramped within its plot.

DC0902MW Page 108

The proposed front dormer is small in scale and would not appear out of place, especially having regard to the presence of dormer windows elsewhere within the local streetscene.

The proposed additions are considered to be acceptable in design and appearance terms and no objection is therefore raised to the application under the terms of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Neighbour Amenities

The neighbouring property to the east, number 184 Bush Road, has no flank windows facing the application property. It is considered that the relationship of the proposed side and rear extension with number 184 is such that it will not have an overbearing affect or give rise to any unacceptable loss of light or overshadowing. In this respect it is to be noted that number 184 has an attached side garage with the result that habitable windows within that property are in set from the party boundary by a relatively significant distance. It is therefore considered that the proposed development will not adversely affect the amenities of the occupiers of 184 Bush Road. In order to avoid the potential for unneighbourly overlooking to arise in the future as a consequence of the introduction of additional first floor windows in the flank elevation of the side extension, it is recommended that a condition is imposed on any forthcoming planning permission for this proposal to preclude this eventuality.

The occupiers of number 188 are proposing to construct a similar rear extension to that which is being proposed for the application property and if both extensions are implemented concurrently then the occupiers of number 188 will not experience any loss of amenities as a consequence of the rear extension being built at number 186. However if the proposed rear extension at number 188 does not proceed then there is some potential for the occupiers of number 188 to experience some loss of amenity, particularly in terms of outlook and the receipt of natural light. In order to safeguard the amenities of the occupiers of number 188 it is recommended that a condition is imposed upon any forthcoming planning permission for the proposed extension at 186 to ensure that it is constructed concurrently with a rear addition at number 188.

Subject to the imposition of the recommended conditions the proposed development is considered to be acceptable in amenity terms and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highways

The extended property would have 3 bedrooms and the adopted parking standards require dwellings of this size in the rural area to have 2 parking spaces available to them as a maximum. The frontage of the property is capable of accommodating 2 car parking spaces, although this area is not formally laid out as such currently. It is considered that sufficient off- street parking is available to the property and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

DC0902MW Page 109 Conclusion and reasons for Approval

It is considered that the proposed extensions will not detract from the appearance and character of the existing property or the immediately surrounding area and due to their location and relationship with neighbouring properties, will not cause any unacceptable harm to the amenities of occupiers of the neighbouring properties. The proposal therefore accords with the provisions of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

[This application would normally fall to be considered under the officers’ delegated powers but has been reported for Members’ consideration due to the objection that has been received from the Parish Council that is contrary to the officer recommendation.]

DC0902MW Page 110

20 MC2005/1834

Date Received: 22nd September 2005

Location: 28 Cardens Road, Cliffe Woods, Rochester, Kent, ME3 8TU

Proposal: Construction of part two storey and part first floor side extension and single storey front extension

Applicant: Mr & Mrs G Stanhope 28 Cardens Road Cliffe Woods Rochester Kent

Agent: Mr J S Alford Three Elms Pip's View Cooling Rochester, Kent ME3 8DH

Ward: Strood Rural

Recommendation - Approval with Conditions

(as amended by revised drawings received on 2nd November 2005)

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

2 Materials used on the construction of external surfaces of the development herein approved shall match those used on the existing dwelling.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows shall be installed at first floor level in the flank wall of the extension herein approved without the prior written approval of the Local Planning Authority.

4 The en-suite shower room window in the eastern elevation shall be fitted with obscure glazing. The window shall be installed in accordance with the provisions of this Condition prior to the first occupation of the side extension hereby permitted and thereafter retained as such.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusion at the end of this report.

Site Description

The application property is a 1970s styled, semi-detached house. The application property is located at the end of a cul-de-sac and is bounded by houses to north, south, east and west and these neighbouring properties comprise a mixture of terraced and semi-detached houses.

DC0902MW Page 111 Vehicular access to the application property is derived via the frontage to 30 Cardens Road. The application property has 2 parking spaces available to it.

The application property has been altered in the past with the conversion of the garage into habitable accommodation and the construction of a front/side porch and cloakroom and a single storey side extension towards the rear of the property. The property also has a conservatory to the rear.

The rear garden is enclosed by 1.8 metre high close-boarded fencing and there is a fir tree screen along the northern side boundary of the property, which is approximately 4 metres high.

Proposal

The submitted application proposes the construction of a part first floor and part two-storey side extension, approximately 2.9 metres in width. The ground floor element of the proposed 2 storey extension will infill the gap between the existing single storey side extension towards the rear of the property and front porch and will involve the latter being extended sideways. The first floor elements of the proposed extensions will be flush with the property’s principal front and rear elevations. The ground floor element includes a single storey front projection that would tie in with the existing porch.

The extension will provide an integrated porch, w.c., a utility room and further habitable room at ground floor level and an additional bedroom with en-suite bathroom at first floor level.

The first floor room arrangements have been amended so that the en-suite and bedroom have been reversed with the former now being at the front of the property.

Relevant Planning History

ME/75/937 Erection of a porch/cloakroom Approved 22 December 1975

ME/84/208 Conversion of existing garage to study and lounge, erection of carport and single storey side extension Approved 27 April 1984

Representations

Neighbour notification letters have been sent to the owners and occupiers of: 26 and 30 Cardens Road; 5 and 7 Shaw Close; and 26, 28 and 30 Milton Avenue.

Cliffe and Cliffe Woods Parish Council has written objecting to the application on the grounds of there being insufficient on-site car parking to serve the extended property.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

DC0902MW Page 112

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (deposit version) 2003

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

The main issues for consideration arising from this proposal relate to: the appearance of the development and its impact on the street scene and character of the area; the effect on the development upon the amenities of the occupiers of neighbouring properties; and vehicle parking.

Street Scene and Design

The proposed extension will compliment the design of the original dwelling and will be in keeping with the character of the surrounding area. The first floor window in the front elevation will serve a bathroom and is of a different size to the adjacent windows in the front elevation. However, given the secluded position of the extension it is considered the insertion of this window will not have a detrimental impact upon the appearance of the property.

The proposed extensions are considered to be acceptable in design and appearance terms and no objection is therefore raised to the application under the terms of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Neighbour Amenities

At ground floor level the proposed extensions will have no adverse impact upon the amenities of the occupiers of the neighbouring properties having regard to the presence of boundary fencing and screen planting.

The application property is bounded by properties to the north in Milton Avenue, to the east by 26 Cardens Road and to the west by properties in Shaw Close.

Currently the flank wall of the application property is approximately 17 metres from the rear elevation of the adjoining properties in Milton Avenue and with the construction of the proposed extension this separation distance will reduce to 14 metres. Having regard to the siting of the application property relative to the neighbouring houses in Milton Avenue, it is considered that the proposed extension will not have an overbearing impact and will not cause any unacceptable over shadowing or loss of light. In addition because there are no first floor flank windows no loss of privacy will arise for the occupiers of the adjacent properties in Milton Avenue.

DC0902MW Page 113 The front elevation of the proposed 2 storey side extension will be approximately 10 metres from the party boundary with 26 Cardens Road, which is orientated at right angles to the frontage of the application property. It is considered, having regard to the block spacing and orientation of the application property and number 26, that the proposed 2 storey extension will not have an overbearing impact upon the occupiers of number 26. The proposed extension will not give rise to any unacceptable overshadowing of number 26. The first floor window in the front elevation of the proposed extension has the potential to give rise to unneighbourly overlooking of the rear garden area of number 26, however this window will serve an en-suite bathroom and as such can be fitted with obscure glazing (a requirement that can be controlled by the imposition of a condition). It is considered that taking the above factors into account that the proposed extension will not have a prejudicial impact upon the amenities of the occupiers of 26 Cardens Road.

The rear elevation of the proposed extension will be around 25 metres from the rear elevation of the properties to the rear in Shaw Close. In the light of this separation distance it is considered that the proposed extension will not give rise to any unacceptable overlooking, overshadowing or overbearing affects for the occupiers of Shaw Close.

Subject to the imposition of the recommended conditions the proposed development is considered to be acceptable in amenity terms and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highways

The application property has two off-street parking spaces available to it and this level of parking accords with the provisions of the adopted parking standards. It is considered that sufficient off-street parking will be available to the extended property and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

It is considered that the proposed extension will not detract from the appearance and character of the existing property or the immediately surrounding area and due to its location and relationship with neighbouring properties, will not cause any unacceptable harm to the amenities of occupiers of the neighbouring properties. The proposal therefore accords with the provisions of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

[This application would normally fall to be considered under the officers’ delegated powers but has been reported for Members’ consideration due to the objection that has been received from the Parish Council that is contrary to the officer recommendation.]

DC0902MW Page 114

21 MC2005/1841

Date Received: 22nd September 2005

Location: Rear of The Railway Public House, 113 Station Road, Rainham, Gillingham, Kent,

Proposal: Demolition of building and construction of a two storey block containing four 1-bedroomed self contained flats with associated parking

Applicant: Sarumdale Limited 102 London Road Burgess Hill West Sussex RH15 8NB

Agent: Mr B File Portico Architecture Interiors The Old Forge Upper Street Hollingbourne Maidstone Kent ME17 1UW

Ward: Rainham North

Recommendation - Approval with Conditions

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before any of the flats are occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 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:- car and cycle parking layouts, other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor structures (e.g. refuse or other storage units, signs, lighting etc). Soft landscape works shall include:- planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation and maintenance programme.

5 A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to the

DC0902MW Page 115 Local Planning Authority for approval in writing prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as approved.

6 The area shown on the permitted drawings for vehicle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

7 Pedestrian visibility splays of 2m x 2m shall be provided either side of the vehicular access point and shall thereafter be maintained as such, and no obstruction of sight within 1m above carriageway level shall be permitted within the splay.

8 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation has been completed and that the site is suitable for the permitted use, shall be provided to the Local Planning Authority prior to first occupation of the development hereby permitted.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report.

Site Description

The site lies to the rear of The Railway PH, which is located on the north-western side of Station Road in Rainham. The description of the site below covers the whole site, but the proposal seeks to sub-divide the site by the erection of a new boundary wall just over 1m behind the end elevation of the pub.

To the north-east of the site is the access road into the station car park along with an area of parking, cycle parking, turning facility and taxi rank. The station lies just to the north of the site, with the railway line running parallel to the site.

To the north-west is traditional terraced housing which fronts onto Tufton Road, whilst to the south is an existing block of 3 storey houses, and a detached two storey building (111) which fronts onto Station Road, and which has an external staircase and door on the elevation facing into the site. The pub lies to the south-east, and is a brick and tile building, which is three stories high, with a two storey projection extending towards the site, giving the pub an ‘L’ shape. There are a couple of later single storey additions to the rear as well.

Access for the pub car park at present lies to the south-west of the pub, between it and 111 Station Road. There is a large area of hardstanding to the rear, which extends up to an outbuilding. Beyond this is a small grassed area, which forms the beer garden of the pub,

DC0902MW Page 116 and which wraps round the existing three storey houses (2a, 2b, 2c, 2d Tufton Road), and extends down the side of 4 Tufton Road where it has a boundary with Tufton Road.

The outbuilding (to be demolished) is a part single storey and part two storey structure, of brick and tile construction. It has a set of traditional side opening garage doors with windows either side, facing into the site, with an up and over garage door in the two storey element and a doorway above. This building is covered in foliage across the rear and side elevations.

The site is enclosed by fencing along the north-west and north-east boundaries and by a brick wall along the south-west.

Proposal

This is a full application for the demolition of the existing outbuilding and erection of a two- storey block of 4 one-bedroom self contained flats. A new 2m high brick wall would separate the site from the existing pub and car park. Access into the site would be from Tufton Road, in between the three storey terraced housing and 4 Tufton Road, and is shown to have electronic control wrought iron gates across the entrance, set back 5.8m from the road.

5 parking spaces are shown within the site, one per flat and one visitor space, with two being located alongside the access into the site, adjacent to the boundary with 4 Tufton Road, and the other three being located in the northern corner of the site

The building would be sited in the approximate position of the existing outbuilding (although with a larger floor area), set in 0.8m from the side boundary with the station access road – with this gap being proposed as a side access footpath to the rear of the flats. The front elevation would face to the north-west, and the rear towards the pub. A shared garden area is proposed to the rear of the flats, which would be 5m deep, and also wrap round the side of the building.

The plans indicate a distance of 15.8m between the rear elevation of the flats and the three storey rear elevation of the pub; and a distance of 11m between the new side elevation of the flats and the rear elevation of the three storey terraced units.

The building would be of a traditional pitched roof design, constructed of brickwork and slates. A gabled projection is proposed on the front elevation, on the northeast side, and a full height glazed element would link this to the rest of the building. The building would have a maximum height at the ridge of 7.5m and an eaves height of 5m.

The main window openings would be on the front and rear elevations. Those on the rear (facing the pub) would be for kitchens and bedrooms, whilst the front ones would serve the lounge, and include patio doors for both the ground and first floor flats. High level windows are proposed in both the side elevations for the bathrooms, with the option of extractor fans also being added in.

Site Area/Density

Site area: 0.05414 hectares (0.134 acres) Site density: 74dph (30dpa)

DC0902MW Page 117 Relevant Planning History

MC2005/0209 Demolition of building and construction of a three storey block containing six 1-bedroomed self-contained flats with associated parking Refused 24 March 2005

Representations

The application has been advertised on site by the posting of a site notice. Railtrack have been consulted along with the owner/occupiers of 2, 2a, 2b, 2c, 2d, 3, 4, 5, 6, 7 Tufton Road; and 107, 111 and 111a Station Road.

Three letters of objection have been received raising the following points:

- Access to new development will exacerbate existing parking problems along Tufton Road - Insufficient parking on site - Access would affect safety of road users and pedestrians - Loss of privacy for occupiers in 10 Tufton Road, as development would be two storey - Flats will not provide affordable key worker housing - Noise disturbance during construction - Design still unacceptable - Loss of privacy for future occupiers of the flats - Noise and disturbance for occupiers of 2c and 4 Tufton Road due to new access and parking arrangements - Design would not enhance public area by Station - Gates and access will still cause problems for highway safety - Site too small - Development will not benefit local community - Erode quality of life for existing residents

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 Built Environment Policy ENV16 Urban Open Space and Town Cramming

Medway Local Plan 2003

Policy BNE1 General Principles for Built Development Policy BNE2 Amenity Protection Policy BNE3 Noise Standards Policy H4 Housing in Urban Areas Policy T1 Impact of Development Policy T2 Access to the Highway Policy T13 Parking Standards

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 Quality of Development and Design

DC0902MW Page 118

Planning Appraisal

Principle

The site lies within the built up area of Rainham, where the principle of residential development is accepted. The proposal should therefore be considered in terms of the siting, access and design of the building; its effect on the street scene; its impact on the amenities of the occupiers of the surrounding properties; and the potential impact on the amenities of the proposed occupiers in terms of noise disturbance from the nearby railway line.

The application is a resubmission following the refusal of a scheme for a three storey block of 6 flats earlier this year.

Street Scene and Design

The proposed building would be sited within the existing pub car park area, with the site subdivided by a new 2m high wall. The building, now reduced to two storey height, would have a much better relationship with the surrounding development. It would be much less dominant from the public area by the station and would have a reduced impact on the outlook of the occupants of the three storey terraced housing to the south.

The building would sit more comfortably within the site, and the level of space about the building is considered to be appropriate for the 4 flats now proposed. The shared amenity area would be 5m in depth, which is similar to the garden lengths of the terraced housing to the south.

The building would be constructed from brick and tile, and the design shows a mixture of colours and detailing (including brick banding and weather board) which would break up the elevations. The design would be in keeping with the surrounding development.

The proposal is therefore considered to be in accordance with Policy BNE1 of the Local Plan.

Neighbour Amenities

The proposed building would be two storey’s in height with a relatively low ridge height of 7.5m. As such the impact of this building on the amenities of the occupiers of the surrounding development would be significantly reduced from the previous three storey scheme (the ridge height of that proposal was 10m). Given the reduced height of the building, it is considered that the impact of the building on the three storey terraced units to the south, in terms of their outlook, would be acceptable, and would replace the existing pub car park with a new building and gardens.

The side elevation of the scheme facing this terrace would only have high level windows in them which would serve bathrooms, therefore there is no concern over loss of privacy issues.

The first floor windows at the front of the building would serve the lounges of these two units, and would face towards the gardens of the terraced houses on Tufton Road. There would be a distance of 9.5m between the closest flat and the boundary of the site in this direction, however this boundary is well screened by existing mature trees, which would obscure views into any of the neighbouring gardens. The reduction in the number of flats from three storey to two storey would also improve this relationship.

DC0902MW Page 119

A distance of 15.8m would be provided between the rear of the proposed flats and the three storey element of the pub, where the habitable room windows are located. The two first floor flats would have kitchen and bedroom windows that face in this direction. Although the separation distance falls below the Kent Design Guide of 21m, it should be noted that the rear of the pub has always been a semi-public space due to the current use as a pub car park and garden, and on balance it is considered that the layout is acceptable in terms of its impact on the occupants of the pub.

Due to the reduction in the number of flats to 4, the level of noise and disturbance created by cars accessing the site would also be reduced, and would bring the impact on neighbouring properties down. The number of parking spaces located along the north-west boundary has also been reduced, with one of these spaces now being allocated for visitors.

Given the fact that the site was previously used for parking for patrons of the pub, that the number of flats is reduced to 4, and the existing and proposed boundary treatment for the site, the proposal is now considered to be acceptable in this regard.

The proposal would therefore be in accordance with the aims of Policy BNE2 of the Medway Local Plan.

Highways

The proposal would provide an access into the site from Tufton Road. This access would have electronically controlled gates across it, which would allow cars to pull straight into the site without the need to stop on the highway and open the gates. A space for turning would be provided in the site, to ensure cars leave in a forward gear. The proposal is acceptable in terms of it access arrangements, in accordance with Policy T2 of the Local Plan.

5 parking spaces are proposed within the site, which gives each 1 bed flat 1 space, and provide one additional visitor space. The layout of parking and the numbers of spaces are acceptable, in accordance with Policy T13 of the Local Plan.

A central bin store is also provided on site, close to the highway, which would allow for refuse collection.

Other Matters

The applicants have submitted a noise report in relation to the potential impact of rail noise on the occupiers of the new flats. The design of the building seeks to address any concerns by limiting openings on this side to high level bathroom windows only. Extractor fans can also be used for these bathrooms if the occupants did not want to open the windows. The proposal is therefore considered acceptable in terms of the impact of noise on any future occupiers, in accordance with Policy BNE3 of the Local Plan.

Comments have been received from the Fire Service noting that the width of the access gate and road would not allow a fire appliance on to the site. The travel distance from the road to the furthest flat must therefore not exceed 45m. The layout of development proposed would accord with this.

DC0902MW Page 120 Conclusion

The proposed development is considered to be a significant improvement over the previous scheme for 6 flats. The design, siting and scale of the building are considered appropriate for the site, and the impact on future occupiers and occupiers of surrounding development have been addressed. Access to the site and parking arrangements within it are also acceptable. The application is therefore recommended for approval.

[The application would normally be determined under delegated powers but is being reported for Committee determination due to the number of representations received contrary to the recommendation]

DC0902MW Page 121

22 MC2005/1853

Date Received: 27th September 2005

Location: 60 Brompton Farm Road, Rochester, Kent, ME2 3QY

Proposal: Construction of a single storey extension to front, side and rear

Applicant: Mr & Mrs Livermore 60 Brompton Farm Road Strood Rochester Kent ME2 3QY

Agent: Mr G R Westrup Architectural Plans (Medway) Ltd. 13 Walderslade Road Chatham Kent ME4 6PA

Ward: Strood North

Recommendation - Approval with Conditions

(as amended by revised plans which were received on 27th October 2005)

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

2 Materials used on the construction of external surfaces of the development herein approved shall match those used on the existing dwelling.

3 The annex hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling house at 60 Brompton Farm Road.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows shall be installed in the south western flank wall of the extension herein approved without the prior written approval of the Local Planning Authority.

5 Prior to the commencement of the development hereby permitted details for the provision of two on-site car parking spaces shall be submitted to and approved in writing by the Local Planning Authority. The details to be submitted pursuant to the requirements of this Condition shall include any alterations to the vehicular access linking the application property with Brompton Farm Road. The approved parking area to be provided under the provisions of this Condition shall be provided prior to the first occupation of the extension hereby permitted and shall thereafter be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

DC0902MW Page 122 6 In the event that it is necessary to modify the vehicular access serving the property to enable access to be gained to the on-site parking area required under the provisions of Condition 5 of this permission, then prior to the first use of the modified access vision splays of 2.0 metres by 2.0 metres shall be provided on both sides of the vehicular access point and no obstruction of sight more than 0.6 metres above carriageway level shall be permitted within the splays thereafter.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusions at the end of this report

Site Description

The application property is a two-storey semi-detached house. The dwelling is located within a row of 5 pairs of identical semi-detached dwellings. Two of these adjoining houses (numbers 56 and 58) have two storey side extensions built up to the shared boundary with the adjacent dwellings. Number 58 also has a single storey rear extension, as does the attached property to the application dwelling, number 62.

The application property currently has a garage within the rear garden, which is accessed via a drive that passes to the side of the property.

Proposal

The submitted application proposes the construction of a wrap around single storey side and rear extension.

The proposed side extension is approximately 2.45 metres wide and would run the full depth of the property’s existing side elevation and would fully occupy the gap between the existing flank wall of the application property and the party boundary with number 58. The extension would have a pitched roof and incorporates a parapet wall for part of the length of the flank wall. This side extension would project 0.9 metres in front of the property’s principal front elevation.

The proposed rear extension would have a depth of 3.25 metres and would occupy the full width of the property and incorporates a mono-pitch roof design. This is about the same projection as the extension at no. 62.

The side element of the proposed extension and part of the rear extension is to be occupied as annex accommodation and would comprise a lounge, shower room and bedroom. The remainder of the rear extension would be occupied as a dining room.

It is to be noted that during the processing of this application the depth of the front projection of the side extension has been reduced from 1.6 to 0.9 metres.

The construction of the proposed extension will preclude access to the application property’s existing garage. To compensate for the loss of this parking space, the applicant has indicated a willingness to provide additional parking space within the property’s front garden area, although no details of this additional space have been submitted with the application.

DC0902MW Page 123 Relevant Planning History

MC1999/5401 Construction of a part single front and part two storey side extension Approved 28 Sept 1999

MC2005/0728 Construction of two storey side/single storey rear extension Refused 14 June 2005

Representations

Neighbour notification letters have been sent to the owners and occupiers of 58, 62, 71 and 73 Brompton Farm Road.

Three letters have been received objecting to the application for the following reasons:

- the side extension would be out of keeping with the appearance of the houses in this group of semi-detached houses, by closing the gap between the houses; - the extension will project forward of the other neighbouring houses; and - the proposal will reduce the amount of on-street parking available to the property with the result increased on-street parking will arise to the detriment of highway safety.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (deposit version) 2003

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

The main issues for consideration arising from this proposal relate to: the appearance of the development and its impact on the street scene; the effect of the development upon the amenities of the occupiers of neighbouring properties; and vehicle parking.

Street Scene and Design

The proposed side/front extension as a single storey addition will not give rise to terracing and this type of infilling between semi-detached houses at ground floor level is quite common. Single storey side extensions linking pairs of semi-detached houses often take the

DC0902MW Page 124 form of garages and in fact this form of development is apparent within the row of semi- detached houses within which the application property is sited. In addition number 58 has recently been extended by means of the construction of a two storey side addition. It is considered that the proposed side extension will not detract from the appearance of either the existing property or the character of the immediately adjoining properties.

It should also be borne in mid that were it not for the proposed rear element of the proposed extension then the bulk of the side element of this addition would constitute “permitted development” and would not require planning permission.

It is considered that the rear extension is of an acceptable design, which will not detract from the appearance of the existing property.

The proposed extension is considered to be acceptable in design and appearance terms and no objection is therefore raised to the application under the terms of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Neighbour Amenities

As a consequence of the presence of the neighbouring rear extensions at numbers at 58 and 62 Brompton Farm Road, it is considered that the proposed extension will not have a prejudicial affect, amenities in terms of loss of outlook, privacy, light or overshadowing, upon the amenities of the occupiers of these immediately neighbouring properties.

The proposed extension is considered to be acceptable in amenity terms and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highways

Following the construction of the proposed side extension it will no longer be possible to gain the property’s garage within the rear garden, with the result that the property would only have one parking space available to it. However there is sufficient space within the front garden area to provide a second driveway/forecourt space. The applicant has indicated a willingness to provide a second parking space and the provision of such a space can be secured by the imposition of a Condition on any forthcoming planning permission for this proposal. The provision of an additional parking space within the property’s front garden area would meet the requirements of the Council’s adopted parking standards and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

It is considered that the proposed extension will not detract from the appearance and character of the existing property or the immediately surrounding area and due to its location and relationship with neighbouring properties, will not cause any unacceptable harm to the amenities of occupiers of the neighbouring properties. The proposed parking arrangements are considered to be acceptable. The proposal therefore accords with the provisions of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

DC0902MW Page 125 [This application would normally fall to be determined under officers’ delegated powers but is being reported for Members’ determination due to the number of representations that have been received expressing views contrary to the officer recommendation.]

DC0902MW Page 126

23 MC2005/1860

Date Received: 27th September 2005

Location: 188 Bush Road, Cuxton, Rochester, Kent, ME2 1HE

Proposal: Construction of a part two storey/single storey rear, two storey side extension with a juliet balcony, a porch to front and the insertion of 2 dormer windows to the front (demolition of the existing garage and conservatory)

Applicant: D Lambert 188 Bush Road Cuxton Rochester Kent ME2 1HE

Agent: Mr D Sellwood 135 Columbine Close Strood Rochester Kent ME2 2YD

Ward: Cuxton & Halling

Recommendation - Approval with Conditions

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

2 Materials used on the construction of external surfaces of the development herein approved shall match those used on the existing dwelling.

3 Prior to the occupation of the development hereby permitted the windows serving the staircases and both en-suites on the northwest elevations shall be fitted with obscure glass and shall be non-opening apart from any top hung fan light and shall thereafter be retained as such.

4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification) no windows other than those shown on the plans herein approved shall be installed in the northwest flank wall of the extension herein approved without the prior written approval of the Local Planning Authority.

5 The development hereby permitted shall be commenced and be completed concurrently with the proposed extension at 186 Bush Road, unless any variation is otherwise first approved in writing by the Local Planning Authority.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusion at the end of this report.

Site Description

The application property is a two bed, two-storey, semi-detached house located towards the western end of the village. This property has a driveway capable of accommodating three vehicles and up until recently it had a garage to the side. There are a mixture of houses and

DC0902MW Page 127 bungalows of varying designs within the immediate vicinity of the application site and a number of these properties have been extended. The property is elevated approximately one metre above road level. The boundaries to the rear are enclosed by 2 metre (approximately) high fencing.

The neighbouring property at 190 Bush Road is set back a little further than the application property.

The other neighbouring property is 186 Bush Road, is the other half of this pair of semi- detached houses.

Proposal

The submitted application proposes the construction of a part two storey and part single storey rear extension, a two storey side extension and the insertion of two dormer windows within the front elevation.

The proposed rear extension would project at ground and first floor levels 4.3 and 3.6 metres respectively from the property’s existing rear elevation. The proposed side extension would have a width of 2 metres and would run the full depth of the existing property and would merge with the proposed rear extension. The two-storey element of the proposed rear extension would house accommodation within its roof space. The proposed extension will therefore wrap itself around the property’s north western corner increasing the width of the property at this point at ground and first floor levels from 4.6 to 6.6 metres. This extension would accommodate an enlarged kitchen/diner at ground floor level and a reconfigured second bedroom and a new third at first floor level. The roof space of this extension would in part house a fourth bedroom, which would be illuminated by a pair of French windows, with associated Juliet balcony, in what would be a gable end to this addition. This extension would be clad in render and roofing tiles to match the existing house.

The proposed front dormer windows would have hipped roofs and would each have a width of 1.7 metres, which would be set one metre from the party boundary with number 186 and the side elevation of the application of the property as extended. The proposed dormer windows would accommodate part of the fourth bedroom in the roof space and an en-suite bathroom.

[It is to be noted that a similar set of additions are proposed for the other half of this pair of semi-detached houses and those works are the subject of planning application MC2005/1816, which is reported later on this agenda.]

Relevant Planning History

MC2005/1471 Construction of two storey side extension, part two storey part single storey rear extension, canopy to front and insertion of two dormers to front to facilitate loft conversion Withdrawn

DC0902MW Page 128 Representations

Neighbour notification letters have been sent out to the owners and occupiers of 186 and 190 Bush Road.

Cuxton Parish Council has written objecting to the application for the following reasons: - The extensions are too large for the property; and

- The proposed additions will be out of keeping with the street scene.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Kent’s Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T13 (Parking Provision)

Kent and Medway Structure Plan (Deposit Plan 2003)

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

Street Scene and Design

The proposed side and rear extensions will be visible from the public highway and while these additions are relatively large, it is considered that they will not be out of proportion with the existing property and will thus not be unduly dominant. Within this context it is to be noted that a number of properties within the vicinity of the application property have been extended to varying degrees. The proposed side extension would be set in one metre from the party boundary with 190 Bush Road with the result that the extended property would not appear cramped within its plot.

The proposed front dormers will be relatively small in scale and would not appear out of place, especially having regard to the presence of dormer windows elsewhere within the local streetscene.

The proposed additions are considered to be acceptable in design and appearance terms and no objection is therefore raised to the application under the terms of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

DC0902MW Page 129 Neighbouring Amenities

The neighbouring property of 190 Bush Road is located to the northwest of the proposal site. The windows in the side elevation will serve secondary accommodation, a utility room, bathroom and landing area, and can therefore fitted with obscure glazing to avoid unneighbourly overlooking. The presence of the proposed side and rear extensions will result in a slight loss of sunlight and daylight for the occupiers of number 190, however this impact will be limited and would not warrant the refusal of planning permission. It is considered that the presence of the proposed Juliet balcony will not result in an unacceptable loss of privacy for the occupiers of the neighbouring properties.

It is considered that the relationship of the proposed side and rear extension with number 190 is such that it will not have an overbearing affect or give rise to any unacceptable loss of light or overshadowing. In this respect it is to be noted that number 190 has a side garage with the result that habitable windows within that property are in set from the party boundary by a relatively significant distance. It is therefore considered that the proposed development will not adversely affect the amenities of the occupiers of 190 Bush Road. In order to avoid the potential for unneighbourly overlooking to arise in the future as a consequence of the introduction of additional first floor windows in the flank elevation of the side extension, it is recommended that a condition is imposed on any forthcoming planning permission for this proposal to preclude this eventuality.

The occupiers of number 186 are proposing to construct a similar rear extension to that which is being proposed for the application property and if both extensions are implemented concurrently then the occupiers of number 186 will not experience any loss of amenities as a consequence of the rear extension being built at number 188. However if the proposed rear extension at number 186 does not proceed then there is some potential for the occupiers of number 186 to experience some loss of amenity, particularly in terms of outlook and overshadowing. In order to safeguard the amenities of the occupiers of number 186 it is recommended that a condition is imposed upon any forthcoming planning permission for the proposed extension at 188 to ensure that it is constructed concurrently with a rear addition at number 186.

Subject to the imposition of the recommended conditions the proposed development is considered to be acceptable in amenity terms and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highways

The extended property would have 4 bedrooms and the adopted parking standards require dwellings of this size in the rural area to have 2 parking spaces available to them as a maximum. The frontage of the property is capable of accommodating 3 car parking spaces. It is considered that sufficient off-street parking is available to the property and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

It is considered that the proposed extensions will not detract from the appearance and character of the existing property or the immediately surrounding area and due to their location and relationship with neighbouring properties, will not cause any unacceptable harm

DC0902MW Page 130 to the amenities of occupiers of the neighbouring properties. The proposal therefore accords with the provisions of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

[This application would normally fall to be considered under the officers’ delegated powers but has been reported for Members’ consideration due to the objection that has been received from the Parish Council that is contrary to the officer recommendation.]

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24 MC2005/1867

Date Received: 26th September 2005

Location: 7 North Road, Cliffe, Rochester, Kent, ME3 7UH

Proposal: Conversion of garage into habitable room and construction of conservatory to rear

Applicant: Mr & Mrs Green 7 North Road Cliffe Rochester Kent

Agent: Deadsmart.Com Limited 1 Pemberton Gardens Swanley Kent BR8 7BW

Ward: Strood Rural

Recommendation - Approval with Conditions

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

2 Materials used on the construction of external surfaces of the development herein approved shall match those used on the existing dwelling.

For the reasons for this recommendation for approval please see Planning Appraisal section and conclusion at the end of this report.

Site Description

The application property is a 4 bed semi-detached house. This property has previously been extended to the side and the ground floor of this addition includes a single garage. The property has a drive/forecourt area capable of accommodating 3 cars.

The rear garden area is enclosed by fencing and there is a hedge approximately 3 metres high along the boundary with number 9. There is a pitched roofed single storey extension, which covers part of the rear elevation, which has a depth of 2.8 metres. There are a number of other single storey rear extensions within the immediate vicinity.

Proposal

This application proposes the conversion of the application property’s garage into habitable room (study) and construction of a conservatory to rear.

The works associated with the conversion of the garage will involve the infilling of the garage doorway with a domestic scale window.

The proposed conservatory will be sited to the north of the property’s existing rear extension and will be 4.1 metres wide, 3.5 metres deep and have a height of 3.5 metres (when taken from the highest point of the mono-pitch roof). The conservatory would have a brick built plinth.

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Relevant Planning History

ME/94/0432 Proposed two storey side extension Approved 1 August 1994

MC2000/0901 Erection of a single storey rear extension Approved 26 July 2000

Representations

Neighbour notification letters have been sent to the owners and occupiers of: 5, 9, 18, 20 and 22 North Road; and19, 20 and 21 Church Close.

Cliffe and Cliffe Woods Parish Council has written objecting to the application on the grounds of the loss of parking arising from the proposed garage conversion.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Kent’s Built Environment) Policy T17 (Parking Standards)

Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T13 (Parking Provision)

Kent and Medway Structure Plan (Deposit Plan 2003)

Policy QL1 (Quality of Development and Design) Policy TP19 (Parking Standards)

Planning Appraisal

Street Scene and Design

In relation to the proposed garage conversion, it is considered that the introduction of a domestic scale window in the place of the garage door will not have a detrimental impact on the appearance of the application property or the wider streetscene.

The proposed conservatory will be located to the rear of the property and will therefore have no impact upon the appearance of the streetscene. The design of the conservatory is in keeping with the character and scale of the existing property.

In design terms the proposed works are considered to be acceptable and accordingly no objection is raised to this aspect of the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

DC0902MW Page 133

Neighbour Amenities

The proposed garage conversion will have no impact upon the amenities of the occupiers of either 5 or 9 North Road in terms of daylight, outlook, privacy and sunlight due to the minor structural changes that are proposed.

The siting of the proposed conservatory relative to number 5 North Road is such that its presence will have no affect upon the amenities of the occupiers of this neighbouring property. The siting and size of the proposed conservatory is such that its presence will not have an adverse impact upon the amenities of the occupiers of 9 North Road. The proposed conservatory will not result in any unacceptable loss of privacy or light, nor will it have an overbearing affect, especially having regard to the high hedge along the party boundary between numbers 7 and 9.

The application proposals are considered to be acceptable in amenity terms and no objection is raised to this aspect of the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Highways

Although the submitted proposals will involve the loss of garage parking space, the property will have 3 driveway/forecourt spaces available to it. The retained level of on-site parking provision satisfies the requirements of the adopted parking standards and accordingly there are no grounds for raising an objection to the loss of the garage. No objection is therefore raised to this aspect of the application under the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

The design and siting of the conservatory is such that it will not detract from either the appearance of the existing property or the wider streetscene or the amenities of the occupiers of the immediately adjoining properties. Although the proposed garage conversion will result in the loss of a parking space the retained on-site parking will meet the requirements of the parking standards. The submitted application is acceptable in all regards and accords with the provision of Policies ENV15 and T17 of the Structure Plan and Policies BNE1, BNE2 and T13 of the adopted Local Plan and the application is accordingly recommended for approval.

[This application would normally fall to be considered under the officers’ delegated powers but has been reported for Members’ consideration due to the objection that has received from the Parish Council that is contrary to the officer recommendation.]

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25 MC2005/1954

Date Received: 10th October 2005

Location: Former Water Works Site, Guardian Court, Rainham, Gillingham, Kent

Proposal: Construction of two 2 storey blocks comprising a total of eleven 1 & 2-bedroomed self-contained flats

Applicant: Avondale Designer Homes Limited Bowen House Bredgar Road Gillingham Kent ME8 6PL

Agent: Mr L Mineham Ubique Architects 11 Ashford House Beaufort Court Sir Thomas Longley Road Medway City Estate Rochester, Kent ME2 4FA

Ward: Rainham Central

Recommendation - Approval subject to:

A. A Section 106 Agreement being entered into to secure an open space contribution of £3331 for the upgrade and improvement of outdoor equipped play areas and informal open spaces

B. The imposition of the following conditions:

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

2 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before any of the flats are occupied and shall thereafter be retained. Development shall be carried out in accordance with the approved details.

3 Details and samples of any materials to be used externally and any means of enclosure shall be submitted to and agreed in writing by the Local Planning Authority before development is commenced and development shall be carried out in accordance with the approved details.

4 All soil, vent and waste pipes apart from their terminations shall be constructed within the building.

5 Prior to the occupation of the development the bathroom windows to unit 6 and 9 as identified on drawing 414/11 shall be fitted with obscure glass and shall be non- opening apart from any top hung fan light and shall thereafter be retained as such.

DC0902MW Page 135 6 The high-level windows to be installed on the first floor southern elevation of block A as identified on elevation G of plan 414/11 herein approved shall have a minimum floor to sill height of 1.7 metres.

7 Prior to the commencement of the development plans and details of the bin stores and their means of enclosure shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with those approved details.

8 None of the flats hereby permitted shall be occupied until underground ducts have been installed by the developer to enable telephone, electricity and communal television services to be connected to any premises within the site without recourse to the erection of distribution poles and overhead lines and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking and re- enacting that Order), no distribution pole or overhead line shall be erected within the area except with the express written consent of the Local Planning Authority.

9 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 and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc). Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

10 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 with the Local Planning Authority. The approved planting stock shall be maintained for a minimum period of five years following its planting and any of the stock that dies or is destroyed within this period shall be replanted in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

11 Prior to the commencement of the development a report containing details of assessment of noise from the water works industrial activities and any scheme necessary for the attenuation of audible sound affecting the residential amenity of the future occupiers of the dwellings herein approved shall be submitted to and approved in writing by the Local Planning Authority. The subsequent approved scheme shall be implemented as approved prior to the occupation of any of the flats and shall thereafter be maintained.

12 Prior to commencement of the development hereby permitted an investigation shall be undertaken to determine the nature and extent of any contamination. The results of the investigation together with a risk assessment by a competent person and details of a scheme to contain, treat or remove any contamination as appropriate, shall be submitted for the written approval of the Local Planning Authority. The approved scheme shall be fully implemented and a completion report issued by the competent person referred to above, stating how remediation

DC0902MW Page 136 has been completed and that the site is suitable for the permitted use, shall be provided to the Local Planning Authority prior to first occupation of the development hereby permitted.

13 The area shown on the permitted drawings for vehicle parking shall be kept available for such use and no permanent development, whether permitted by the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order) or not, shall be carried out on the land so shown or in such a position as to preclude vehicular access to this reserved parking space.

For the reasons for this recommendation for approval please see planning appraisal section and conclusion at the end of this report.

Site Description

The site is an area of open grass behind a beech hedge on the south side of Guardian Close and is part of an area owned by Southern Water in connection with the reservoir/water works. The land rises slightly from the road. Access exists into the site through locked gates approximately 4.5m wide.

Guardian Close is a cul-de-sac with single storey accommodation between the Close and the main road (A2) and a two storey block to the east of the application site with a row of facing windows less than 4m from the boundary. There is open parking at right angles to the road on the south side.

To the south of the application site lie houses in Boston Gardens.

Proposal

The application proposes to construct 2 blocks of two-storey buildings comprising a total of eleven 1 and 2-bedroomed self-contained flats.

Block A would be located at the southern end of the site and would comprise four 2 bedroomed flats and one 1 bedroomed flat. The property would feature a cat-slide roof design on the southern elevation with first floor southern elevation rooms served by high-level windows. Block B would be located at the northern end of the site and would comprise six 1 bedroomed flats. The upper floors of both blocks would be accessed via external staircases.

Access to the site would be as existing from Guardian Court. Parking would largely be provided in the area between the two blocks save for three spaces located to the sides of Block B. New access gates would be fitted for the existing water works site.

Existing planting on the northern and southern elevations are indicated as proposed for retention whilst a chain link fence is proposed on the eastern and western elevations.

Site Area/Density

Site area (approx): 0.15ha (0.37 acres) Density: 73.3dph (29.7dpa)

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Relevant Planning History

MC2004/0262: Outline application for the construction of 8 residential flats for the elderly Approved 31 March 2004

MC2005/1200: Construction of 2no. two-storey blocks comprising a total of thirteen 1 & 2 bedroomed retirement flats Withdrawn by Applicant

Representations

The application has been advertised on site. Southern Water Services; The PCT; The Electricity and Gas boards have been consulted on the application along with the owners and occupiers of all the properties in Guardian Court.

37 letters of objection have been received raising concerns over:

- Bin store siting and appearance - Privacy loss to properties to rear on Vancouver Drive and Boston Gardens - No designated area for play - The proposal is not considerate to the residents of the surrounding properties, which are elderly accommodated and would result in a detrimental impact upon their amenities in terms of noise and disturbance - The proposal provides for an inadequate level of parking to serve the development which will result in a conflict with existing parking provisions - The boundary treatments are inappropriate and should be better enforced to screen the proposal - The proposals do not show elevations and plans of the first floor accommodation

The latter point is illustrated in submitted drawing 414/11 received 10 October 2005

The Kent Police Architectural Liaison Officer has raised no objections to the application though has asked whether external stairwells could be incorporated into the building, whether Block A could incorporate additional rear windows to increase natural surveillance to the rear communal area and whether increased windows in the flank walls of Block B could be incorporated to improve surveillance to parking areas 1, 10 and 11.

Southern Gas has written raising no objections to the application.

Paul Clarke MP has written to object to the application confirming the concerns of residents raised above and has requested a site meeting.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy ENV16 (Town Cramming) Policy H3 (Housing) Policy T17 (Impact on Transport)

DC0902MW Page 138 Medway Local Plan 2003

Policy BNE1 (Built Environment) Policy BNE2 (Amenity Protection) Policy BNE3 (Land Contamination) Policy H4 (Housing) Policy T1 (Impact of Development) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Built Environment) Policy QL5 (Quality and Density) Policy HP4 (Housing) Policy TP19 (Parking Standards)

Planning Appraisal

Principle

The site lies within the urban area of Gillingham where there is a general presumption in favour of redevelopment of existing sites for housing under Local Plan policy H4. In addition a valid permission exists for 8 residential flats for the elderly to be constructed on site. There is no special designation on the application site and as such the principle of development for housing is acceptable subject to considerations of detail.

The main issues are considered to be the impact on the character and appearance of the area including the residential amenities of occupiers of the existing adjacent accommodation.

Street Scene and Design

Having regard to the mixed nature of building designs and types within the vicinity of the application site, the proposal is considered to be set at an adequate and acceptable distance from neighbouring properties and its design would respect the built form, mass and sitings of neighbouring properties that define this area.

In turning to the areas addressed by Kent Police, no overriding objection is raised either by Kent Police or residents with regards to the open staircases. The applicant has argued they add character to the design of the building and as they can be seen from the communal areas, they would not raise concerns regarding security. With regards to the rear windows at first floor level on Block A, this has been designed to overcome amenity concerns. Block B has bathroom windows in its flank walls where additional habitable room windows could raise amenity concerns with regards neighbour overlooking, particularly to Guardian Court.

With regards to open space provision and owing to the size of the plot, no provision can be made on site for informal or formal sports. However the applicant has been requested to contribute toward off-site provision and this has been made subject of a Section 106 developer contribution.

With regards to the siting and appearance of the bin stores and boundary treatments, this aspect can be controlled by condition.

DC0902MW Page 139 The proposal is therefore considered to have no negative impact on the character and setting of the street scene and would be in accordance with the provisions of Policies ENV15 and ENV16 of the Structure Plan, Policy BNE1 of the adopted Local Plan; and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Contaminated Land

The application site is currently used in connection with the water works and there is potential for the land to be contaminated and for noise caused by the operation of the works to affect the noise amenities of the future occupiers of the flats. These elements can be controlled by way of planning conditions.

Amenity Considerations

Immediately to the north and west of the application site are residential properties provided for, and in occupation by elderly residents. Guardian Court to the west contains 24 flats and the eastern elevation of this block faces the application site. In taking into consideration the siting of the windows in relation to the siting of the proposed blocks, the rooms considered most affected by the proposal in terms of outlook and light loss are those to bedroom 1 of Flats 4 and 17 and bedroom 2 to Flats 5 and 18, located at the northern end of the site and thus affected by Block B. However given what would be an 11-metre distance between the two buildings, the level of impact upon the amenities of the occupiers of these properties is considered to be satisfactory and acceptable. Other windows along this flank either serve non-habitable rooms or are secondary to main windows on other flanks.

Properties opposite the application site are bungalows with open plan front and rear gardens, which are easily visible from the road. Therefore the proposal is not considered to raise any new issues with regards to loss of privacy to these properties.

The residents of Guardian Court have raised concerns that the development is inappropriate and should be for elderly accommodation, which is much needed, and the future occupiers would create undue noise and disturbance to the elderly residents.

Whilst it is recognised that there is a need for elderly accommodation, the application site is not a designated site for any specific purpose and there is also a recognised need for all types of housing, particularly smaller and affordable units as identified by PPG3. Concern over noise and disturbance upon elderly residents by the future occupiers of the flats is appreciated and empathised however this is a management issue.

With regards to properties to the south of the application site in particular properties 14 and 15 Boston Gardens, the proposed Block A would be set approximately 18m from its rear elevation. Designed with a cat-slide roof and devoid of first floor overlooking, the proposal is not considered to cause a detrimental impact to the occupiers of these properties in terms of loss of privacy or outlook. Nevertheless a condition controlling the siting of these high-level windows is recommended.

It is considered that the proposed development will not adversely affect the amenities of the occupiers of the neighbouring properties and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policy BNE2 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

DC0902MW Page 140 Highways

It is considered that the level of traffic that will be generated by the proposed development will not be prejudicial to the operation of the local highway network.

The proposal provides one off-road parking space per flat. Having regard to the character of the area, and the type of accommodation proposed, this level of parking provision is considered to be acceptable. It is considered that the proposed development will not be detrimental to highway safety and accordingly no objection is raised to the application under the provisions of Policy T17 of the Structure Plan, Policies T1 and T13 of the adopted Local Plan; and Policy TP19 of the emerging Structure Plan.

Conclusion and reasons for Approval

It is considered that the proposal would result in a form of development which would be in character with the street scene, would not adversely affect the amenities of the occupiers of neighbouring properties and would provide a satisfactory level of off-street car parking. The application is considered to be in accordance with the provisions of Policies ENV15, ENV16 and T17 of the Structure Plan and Policies BNE1, BNE2, H4, T1 and T13 of the adopted Local Plan and is accordingly recommended for approval.

[This application would normally fall to be determined under Officers’ delegated powers but is reported for Members’ consideration because of the extent of the representations that have been made by local residents and at the request of Councillors Fearn and Foster].

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26 MC2005/2069

Date Received: 25th October 2005

Location: Jacksons Recreation Ground, New Road, Rochester, Kent.

Proposal: Application under Regulation 3 of the Town and Country Planning Regulations 1992 for the construction of a wheel park with a series of ramps and low level obstacles in the banked area behind play ground

Applicant: Medway Council Greenspaces Regeneration & Environment Division Compass Centre Pembroke Chatham ME4 4YH

Agent: Mr D Northcott Groundwork Medway Swale 48 Canterbury Street Gillingham Kent ME7 5UN

Ward: River

Recommendation - Approval with Conditions

(as amended by plans received on 3 November 2005)

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

2 No development shall take place until full details of: the existing and proposed ground levels; hard surfacing materials; and minor artefacts and structures (e.g. external furniture, refuse or other storage units, signs, lighting etc have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details to be submitted pursuant to the requirements of this Condition and thereafter retained as such.

3 Prior to the commencement of the use of the wheel park hereby permitted, a maintenance scheme for this facility shall be submitted to and approved in writing by the Local Planning Authority. The wheel park shall thereafter be maintained in accordance with the provisions of the approved maintenance scheme for the duration of the use of this facility.

4 Prior to the commencement of the use of the wheel park hereby permitted, a scheme of decommissioning in the event of the cessation of the use of this facility shall be submitted to and approved in writing by the Local Planning Authority. In the event that the wheel park ceases to be used it shall be decommissioned and dismantled, and the land restored in accordance with the details of the approved scheme which shall include a timetable for such operations.

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For the reasons for this recommendation for approval please see planning appraisal section and conclusion at the end of this report.

Site Description

Jackson’s Recreation Ground is a large area of open space bounded by New Road, Rochester to the North and City Way to the west, which are streets that comprise a mixture of residential and commercial premises. The recreation ground is bounded to the south and east and east respectively by the City Way Mid Kent College campus and Kent Institute of Art and Design.

The recreation ground is within a Conservation Area.

The application site comprises an “L” shaped, grassed area (approximately 0.069 hectares), within the northern half of the recreation ground. The principal north/south axis of the site has a maximum length of 36 metres, while the principal east/west axis is approximately 25 metres long. The application site is bounded immediately to the north by a bowls green and hard court tennis courts and to the west by an equipped children’s play area, which is enclosed by fencing. It is to be noted that the recreation slopes markedly upwards from north to south with the result that the application site is elevated somewhere in the region of 7 to 8 metres above the carriageway level on New Road. The application site is generally level and is in part cut into the prevailing ground level, although the land around it, particularly to the south is sloping and the bowls green and tennis courts are at a lower level. There is an east/west footway that crosses the recreation ground that lies just to the north of the application site.

Proposal

This Council submitted application seeks consent for the establishment of a skateboard park (wheel park) comprising a series of ramps and low-level obstacles.

It is proposed that the obstacles within the park will be formed in mass poured concrete and will comprise ramps, a “street block”, “flat bank” and “quarter pyramid”. The street block would be approximately 3.57 metres wide and range in height between 0.187 and 0.5 metres. The quarter pyramid would be approximately 4.48 metres wide and 1.2 metres high. The flat bank would be approximately 0.9 metres high.

The proposed park will be cut into the site and any surplus spoil will be used to back fill the perimeter of the park to enable it to be integrated into the immediately adjoining landform. It is to be noted that the main activity for the park will lie to the south of the existing equipped play area and the section of the site running immediately adjacent to the playground’s eastern boundary will accommodate a tarmac path link the skate park with the adjacent east/west footway that crosses the recreation ground.

The distance between the main activity area of the proposed park and the closest residential properties in New Road and City Way will be approximately 115 metres for both streets.

DC0902MW Page 143 Representations

20 letters from 18 households have been received objecting to the application for the following reasons:

- The use of the proposed skateboard park will result in noise disturbance being experienced by local residents to the detriment of their amenities. A skateboard park in Folkestone has recently been closed by Shepway Council because unacceptable levels of noise disturbance have been experienced by adjoining residents; - The proposal would attract noisy youths to the area; - The skateboarding activity will not be confined to the proposed wheel park; - The proposed development will be prejudicial to highway and pedestrian safety; - The proposal will result in the loss of trees; - Loss of outlook; - The introduction of the proposed skate park will result in damage being caused to the recreation ground; - The proposal will result in adjoining properties being devalued; - The introduction of the proposed wheel park will result in the generation of litter; - The proposed park will become a source of anti-social behaviour; - Inappropriate siting of the proposed wheel park adjacent to a children’s play area is; - The structures associated with the park will detract from the visual amenities of the area; - Similar facilities are available elsewhere; - The proposal will obscure views of the river; - The proposal will result in a loss of open space; - No plans have been submitted with the application for the management, maintenance, drainage and floodlighting of the proposed park.

One letter has been received offering support for the proposed development provided a responsible adult monitors the facility.

Sport England has written raising no objection to the introduction of the proposed skateboard park having regard to the fact that this proposal will not result in the loss of any formal sports pitch area, especially in light of the fact that the chosen site, while being flat in itself, adjoins a banked area within the Recreation Ground. Sport England also considers that this proposal will increase opportunities for the local population to participate in sport and active recreation.

Following the receipt of amended plans re-consultations have been undertaken. In response to this re-consultation exercise eight additional letters have been received reiterating previously stated objections to the application.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy ENV17 (Conservation Areas) Policy T17 (Parking Standards) Policy T18 (Highway Impact of New Development)

DC0902MW Page 144 Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Standards) Policy BNE8 (Security and Personal Safety) Policy BNE12 (Conservation Areas) Policy BNE14 (Development in Conservation Areas) Policy BNE43 (Trees and Development Sites) Policy L3 (Protection of Open Space) Policy T1 (Highway impact of New Development) Policy T13 (Parking Standards)

Kent and Medway Structure Plan (Deposit Version) 2003

Policy QL1 (Quality of Development and Design) Policy QL7 (Conservation Areas) Policy QL18 (Green Space Networks and Rights of Way) Policy TP14 (Highway Impact of New Development) Policy TP19 (Parking Standards)

Planning Appraisal

The main issues for consideration arising from this proposal relate to: matters of principle; impact upon the street scene, including the implications of the proposal upon the Conservation Area within which the application site is located; impact upon the amenities of the occupiers of neighbouring properties; and highway matters.

Matters of principle

The application site comprises a small part (approximately 1.2%) of a recreation ground with a total area of 5.9 hectares (14.58 acres), allocated as public open space under the provisions of Policy L3 of the adopted Local Plan 2003 and this policy seeks to safeguard such areas. The proposed skate park is a recreational facility and as such this proposal is consistent with the provisions of Policy L3 insofar as no loss of public space will arise from this development. No objection is therefore raised to the general principle of this proposal under the provisions of Policy L3 of the adopted Local Plan.

Street Scene and Design

The proposed skate park would be located at the northern end of the Recreation Ground and due regard must be paid to the fact that the application site is within a Conservation Area.

The Recreation Ground has an undulating topography and generally slopes downward from south to north. The siting and form (essentially being cut into the landform) of the proposed skate park is such that it will generally not be visible from outside the recreation ground and the changing land levels within the immediate vicinity of the chosen site are such that it will only generally be visible to other users of the recreation ground when they are immediately adjacent to the proposed facility.

Although the proposed development would be within a Conservation Area, having regard to: the size of the proposed park relative to the overall scale of the recreation ground; the

DC0902MW Page 145 undulating nature of the recreation ground; and the screening affect that will arise from the skate park’s proximity to the existing facilities adjoining the application site (namely the tennis courts, bowling green and children’s play area), it is considered that the effect of the proposal upon the character and appearance of the Conservation Area will be limited and will not therefore be prejudicial to its special character. No objection is therefore raised to the application under the provisions of ENV17 of the Structure Plan, Policies BNE12 and BNE14 of the adopted Local Plan and Policy QL7 Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan), which seek to ensure that new development within Conservation Areas respects the character of such areas.

It is further considered, having regard to the applications site’s proximity to the other “built/engineered” recreational facilities within the recreation ground, that the location of the proposed skate park is logical and thus appropriate, because it will avoid haphazard development across the recreation ground.

In general design and appearance terms the proposed is considered to be acceptable and no objection is raised to this aspect of the proposal under the provisions of Policy ENV15 of the Structure Plan, Policy BNE1 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Amenity Considerations

The operation of the proposed skate park has the potential to cause noise disturbance to the occupiers of adjoining properties within the vicinity of the site. Policy BNE3 of the adopted Local Plan seeks to ensure that new noise generating development is located and designed so as not to have a significant adverse noise impact on any nearby noise sensitive uses (residential accommodation etc). Policy BNE2 of the adopted Local Plan also seeks to ensure that activity levels, including noise generation, associated with new development does not give rise to conditions that would be prejudicial to the amenities of the occupiers of premises within the vicinity of development sites.

In assessing the noise generating potential of the proposed it needs to be borne in mind that the proposed skate park will be located around a 100 metres from the nearest residential properties in either City Way or New Road and both of these streets are heavily trafficked “A” class roads where background noise levels are already relatively high. Having regard to the existing noise climate within the vicinity of the application site, which is driven by existing high background levels, and the site’s distance from adjoining residential properties, it is considered that the operation of the proposed skate park will not give rise to a level of noise generation that could be considered to be prejudicial to the amenities of the occupiers of properties on either City Way or New Road.

A number of the representations that have been received make reference to the recent closure of a skate park in Folkestone because that facility has been giving rise to noise disturbance to adjoining residents. The representations suggest that parallels can be drawn between the site in Folkestone and the proposed facility within Jackson’s recreation ground with the result that the latter is also likely to result in the generation of unacceptable levels of noise disturbance. Officers have researched the background to the Folkestone case, including obtaining information from Shepway Borough Council.

The skate park in Folkestone is attached to a leisure centre, which is located within a residential side street location. The skate park at its closest point is only 20 metres from residential properties. The obstacles within the skate park comprise metal surfaces that have

DC0902MW Page 146 been mounted on either wooden or metal frames and accordingly these obstacles appear for the most part to be pre-fabricated, demountable structures. The proposed obstacles at Jackson’s recreation ground are to be formed in concrete and will therefore be permanent and solid structures. It is therefore considered that the skate park in Folkestone is not directly comparable with the proposed facility in Rochester, not least because the site in Rochester is: surrounded on 2 sides by heavily trafficked roads (rather than being in a side street location); 5 times or so further away from the nearest residential properties; and of a more permanent construction, which will utilise materials that are less likely to result in the generation of noise when skate boards are ridden across them.

Having regard to the characteristics of the proposed development and the existing noise climate within the vicinity of the application site, it is considered that the proposed development will not give rise to unacceptable levels of noise disturbance to the occupiers of neighbouring properties and accordingly no objection is raised to the application under the provisions of Policy ENV15 of the Structure Plan, Policies BNE2 and BNE3 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Given the relatively limited scale of the proposed skate park to the overall size of the recreation ground, it is considered that the presence of the new facility will not materially affect the enjoyment of other users of the recreation ground.

With regard to the potential users of the wheel park not confining themselves to the facility, it has to be highlighted that there are currently no restrictions on where this type of activity can be undertaken. Accordingly potential users of the proposed facility, can already skateboard, roller blade/roller skate or cycle down existing roads and footpaths freely should they wish to do so. The presence of the proposed skate park will not worsen the prevailing situation and is more likely to result in an improvement because skate boarders will have a purpose made facility available to them.

With respect to the proposed skate park acting as a possible focus for anti-social behaviour, it is considered that its presence is no more likely to give rise to such problems when compared to that may already arise as a consequence of the existence of the recreation ground, having regard to the fact that the proposed skate park will serve as an additional recreational facility within the existing park rather than introducing an entirely new land use in the area.

Highways

The proposal would be located close to the busy roads of City Way and New Road. It is likely that the visitors to this facility are likely to be local people arriving on foot, bicycle, skateboard or roller blades/roller skates. The proposed park will be limited in size and there are a number of access points to Jackson’s Recreation Ground. Taking these factors into account, it is considered that the provision of the proposed park is unlikely to be a significant traffic generator with the result that its presence will have no adverse affect upon highway safety nor will it thus materially give rise to additional parking pressures in the immediately surrounding area.

No highways objection is therefore raised to the application under the provisions of Policies T17 and T18 of the Structure Plan, Policies T1 and T13 of the adopted local Plan and Policies TP14 and TP19 of the emerging Structure Plan.

DC0902MW Page 147 Conclusions and reason for approval

It is considered that the construction of the proposed skate park will not: detract from the appearance and character of the surrounding area, including the character and appearance of the Conservation Area; be prejudicial to the amenities of the occupiers of adjoining properties as a consequence of the distance from such properties and the prevailing background noise levels; or be prejudicial to highway safety. The application is considered to be in accordance with Policies ENV15, ENV17, T17 and T18 of the Structure Plan and Policies BNE1, BNE2, BNE3, BNE12, BNE14, L3, T1 and T13 of the adopted Local Plan and accordingly is recommended for approval.

[This application would normally fall to be determined under officers’ delegated powers but is being reported for Members’ determination because of the number of representations that have been received that are contrary to officer recommendation and at the request of Councillor Murray because of the proposal’s potential to cause noise disturbance to adjoining residents.]

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27 MC2005/2117

Date Received: 1st November 2005

Location: Opposite 26-34 Bligh Way, Strood, Rochester, Kent

Proposal: Application for Prior Approval Under Part 24 of The Town and Country Planning (General Permitted Development) Order 1995 as amended for the installation of 8m high telegraph pole with three antennae in a shroud (total height 9.4m) and associated equipment housing

Applicant: Vodafone Limited C/o Agent

Agent: Ms K Hubbard TCI Willow Court Minns Business Park 7 West Way Oxford OX2 0JB

Ward: Strood South

Recommendation - Approval with Conditions

A. That Prior Approval be required for the siting and external appearance of the mast; and

B. Prior Approval be granted subject to the following conditions:

1 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development within Part 24 of the Second Schedule to the Order shall be carried out on the site without the prior written approval of the Local Planning Authority.

2 The equipment cabinet hereby permitted shall be painted in an olive-green coloured paint (BS381/C 220) and shall thereafter be maintained in that colour.

For the reasons for this recommendation for approval please see planning appraisal section and conclusion at the end of this report.

Site Description

The application site is within the footway in front of numbers 28 and 30 Bligh Way and the surrounding are is residential in character. The terrace of houses at 26 to 34 Bligh Way lie below the road level, there being a grassed embankment in front of this terrace rising up to the carriageway and the change of levels is in the order of a storey and a half.

Along Bligh Way there are alternating lighting columns and telegraph poles that are respectively approximately 7 and 8 metres high.

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There is an existing 11.5 metre high telecommunications mast at the junction between Bligh Way and Fulmar Road to the south west of the current application.

Proposal

This is an application seeks Prior Approval Under Part 24 of The Town and Country Planning (General Permitted Development) Order 1995 (as amended) for the installation of a simulated 8 metre high telegraph pole to support three shrouded telecommunications antennae in a shroud. The pole with shroud would have a total height of 9.4 metres. The application also proposes the installation of two equipment cabinets at ground level. The main cabinet would be approximately 1.58 metres wide, 1.4 metres high and 0.38 metres deep.

The documents submitted as part of the application including a certificate confirming that the proposal complies with the “ICNIRP” standards.

Planning History in the vicinity of the application site

MC1999/5200 Application for prior approval under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 for the installation of an 11.5 metre high telecommunications pole and associated equipment (Junction of Fulmar Road and Bligh Way) Prior approval not required 30 June 1999

Representations

The application has been advertised on site and neighbour notification letters have been sent to the owners and occupiers of 17 to 41 (consec) and 42 to 60 (even) Bligh Way.

One letter, an email and a petition of sixty signatures have been received objecting to the application for the following reasons:

- The proposed installation will be prejudicial to the health and safety of adjoining residents and children playing in the area; - There is another mast only 80metres away from the application site; - The proposed installation will be in close proximity to schools; - The proposed mast will be sited on a busy pedestrian route; - The proposal will result in a reduction in housing prices; and - There have been a large number of road accidents in close proximity to the proposed installation and if the mast were to be hit in an accident then lives of local residents would be put in jeopardy.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy T21 (Telecommunications)

DC0902MW Page 150 Medway Local Plan 2003

Policy BNE1 (General Principles for Built Development) Policy CF14 (Telecommunications)

Kent and Medway Structure Plan (Deposit Plan 2003)

Policy QL1 (Quality of Development and Design)

Planning Appraisal

Background

Although this proposal constitutes 'permitted development' and so does not require the submission of a full planning application for planning permission, the applicant is required to apply for a determination as to whether the prior approval of the Local Planning Authority is required for the siting and appearance of the proposed telecommunications installation. This means that the only matters, which can be considered within the context of this prior approval submission, are the siting and appearance of the proposed development.

In assessing this application regard must be paid to both central Government guidance and Development Plan policies. Government guidance is set out in Planning Policy Guidance Note 8 “Telecommunications” (2001) (PPG8) and generally promotes the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum, consistent with the efficient operation of networks. The sharing of masts and sites is therefore strongly encouraged where this represents the optimum environmental solution in a particular case, although the cumulative impact upon the environment of additional antennae sharing on a mast still needs to be considered. Similarly Policy CF14 of the adopted Local Plan seeks to avoid the proliferation of telecommunication installations and therefore encourages sharing at existing masts and base stations and/or the attachment of antennae on existing structures, for instance pylons or tall buildings.

Siting

The applicant has assessed the suitability of alternative sites within the vicinity of the application site. A summary of the alternative sites that have been considered and the reasons for them being discounted are set out below:

Corner of Columbine Road and Hyacinth Road - This site was ruled out due to the site being redeveloped, reducing the coverage area around the proposed installation.

The Sweet Box, Elaine Avenue – This site was ruled out due to the site provider not wishing to accommodate and installation.

Carnation Road - This site was ruled out because of its proximity to Chapter school, additionally this siting would also leave coverage gaps to the south of the cell.

Corner of Carnation Road and Columbine Road – Due to the low elevation of this site in relation to the cell search area, a 15 metre mast would be required to achieve the necessary coverage. Such an installation would be unduly prominent within the middle of a residential area.

DC0902MW Page 151 Parkfields – This site would involved a street works installation at the junction of Parkfields and Millfordhope Road. However this site is located outside of the cell area and would not provide adequate coverage by itself, consequently an additional installation would be required to the southeast of this site to provide the required coverage.

Scholars Rise – This site would involve installation of an 8 metre high mast in this location to be in keeping with the existing street furniture. However due to this site’s location relative to Chapter School, the site the subject of the current application was considered to be more appropriate.

Although the application site would not automatically be a preferred siting for a telecommunication mast because of it being in the middle of a residential area, as a consequence of the constrained nature of the cell size and the local topography, the application site is considered to be the most appropriate location for the proposed installation. In visual amenity terms the proposal would be sited close to other street furniture of a similar height and design. In siting terms the proposal is considered to be acceptable and in accordance with the provisions of Policies ENV15 and T21 of the Structure Plan, Policies BNE1 and CF14 of the adopted Local Plan and Policy QL1 of the Kent and Medway Structure Plan (Deposit Version) 2003 (the emerging Structure Plan).

Appearance

The proposed mast will have the appearance of a simulated telegraph pole and there are a large number of telegraph poles within the vicinity of the application site. The proposal would only be marginally higher than the existing telegraph poles and taking into consideration the variations in ground level in the area, the proposed installation would not appear as being unduly prominent in the area. The mock wood used on the mast and the colour of the cabinet (which can be controlled by condition) means that the proposed installation would not be visually obtrusive. The proposed installation is considered to be acceptable in appearance terms and no objection is raised to this aspect of the proposal under the provisions of Policies ENV15 and T21 of the Structure Plan, Policies BNE1 and CF14 of the adopted Local Plan and Policy QL1 of the emerging Structure Plan.

Other Matters

Concern has been raised in respect of the potential adverse health effects of mobile phone masts and equipment. Planning Policy Guidance (PPG) Note 8 “Telecommunications” states that '…it is the Government's firm view that the planning system is not the place for determining health safeguards. It remains central Government's responsibility to decide what measures are necessary to protect public health. In the Government's view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and any concerns about them…'

The case MC2002/1809 for the location of a telecommunications installation opposite the junction of Maidstone Road and Fairview Avenue, Wigmore, which is a residential area resulted in the application being refused by the council for three reasons, the second of which was:

“The proposed development is for the expansion of the service offered by the applicant, namely the provision of enhanced in-building signal reception and will therefore result in the generation of additional electromagnetic emissions within the reception of the application

DC0902MW Page 152 site…[the development] is perceived by the community as having an unacceptable health risk which outweighs the fact that the equipment is in compliance with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines referred to in ‘PPG 8 – Telecommunications (2001)’. Its installation will therefore be harmful to the amenity of those who live and play in the area.”

The applicant in that case appealed against the refusal decision and the appeal was allowed. Concerning the above refusal reason the inspector did not consider that concerns regarding health matters, given that the proposed development was ICNIRP compliant and no compelling evidence of risk to health was presented by objectors, was a sufficiently strong basis to outweigh the findings of the Stewart Report and national policy.

The applicants agent has confirmed that the proposals the subject of the current submission will comply with the ICNIRP (International commission on Non-Ionising Radiation Protection) guidelines for public exposure, therefore objections to the siting of the equipment on health grounds cannot be substantiated as a planning reason for raising an objection to the proposed development.

Conclusion and reasons for Approval

Although the proposal is within a residential area, it is considered that the design and siting of the proposal is acceptable and that the proposed installation will not be unduly prominent within the local streetscene having regard to presence of existing lighting columns and telegraph poles in the immediate vicinity.

[This application would normally fall to be considered under the officer’s delegated powers but is being reported for Member’s consideration because of the number of representations that have been received that are contrary to the officer recommendation.]

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