WESTERN AREA PLANNING COMMITTEE WEDNESDAY 5 DECEMBER 2012

REPORT OF THE HEAD OF PLANNING SERVICES APPLICATION FOR CONSIDERATION

APPLICANT REFERENCE LOCATION PROPOSAL CONTACT ADDRESS DATE VALID GRID REFERENCE DATE OF APPLICATION

BERKELEY HOMES (E. TW/12/02547 Kent And Sussex Redevelopment of the COUNTIES) Hospital former Kent and Sussex (David Hicken Mount Ephraim Hospital site. 200 Associates Planning ROYAL TUNBRIDGE dwellings, 43 Senior Eclipse House WELLS Living apartments, Eclipse Park TN4 8AT offices, Primary school, Sittingbourne Road open space, access and Maidstone parking Kent ME14 3EN) 13/09/12 558235/139871 11/09/12

MAJOR APPLICATION DEPARTURE APPLICATION

This planning application is an Environmental Impact Assessment application that has also been advertised as a departure from the development plan because it involves the construction of housing on part of a site allocated for commercial and other town centre uses. If members are minded to grant planning permission, in accordance with the Town and Country Planning (Consultation) (England) Direction 2009, it will not be necessary to refer the application to the Secretary of State.

1.0 DESCRIPTION OF SITE

1.01 The Kent & Sussex Hospital closed in September 2011 following the opening of the new District General Hospital at Pembury.

1.02 The application site is located off Mount Ephraim on the fringe close to the centre of Tunbridge Wells.

1.03 The site is in two parts.

 The main site is located off Mount Ephraim and includes all the existing hospital buildings and parking areas.

 The site also includes a separate triangular shaped parcel of land, at the junction of Culverden Park and Culverden Park Road, which was previously used for staff parking. This is known as the Ardenhurst site.

Main site

1.04 The main area of the site is approximately 4.3 ha (10.6 acres). It has an irregular shape and slopes steeply down from east to west by about 14m.

1.05 The existing main vehicular access is from Mount Ephraim and vehicles can also exit the site onto Culverden Park. There are two other pedestrian access points from Mount Ephraim. One is at the southernmost point of the site between Hill Brow and 48 Mount Ephraim. The other is between Westcombe House and No. 6 Mount Ephraim, in the north east corner of the site.

1.06 The site is currently extensively developed with hospital buildings that are substantial in scale, ranging in height from one to five storeys. The buildings include a variety of brick built, concrete and temporary structures built at various times since the 1930’s. The largest is the Culverden Wing, located towards the rear of the site, which was completed in 1985. None of the existing buildings are listed. Two detached houses, Nos 5 and 9 Culverden Park, are also located within the site boundary. The external areas of the site are mainly hard surfaced and include a car park with capacity for approximately 400 cars. All of the buildings are unused with the exception of Burslem House staff accommodation block, which is due to be vacated by March 2014.

1.07 The front of the site along Mount Ephraim is within the Royal Tunbridge Wells and Rusthall Conservation Area and there is a Listed Grade II Monument known as the George Whitefield Monument within the site near the northern end of the Mount Ephraim frontage.

1.08 There are a small number of trees within the body of the site and significant tree cover around the site boundaries. All of the trees are protected by a TPO.

1.09 The adjoining uses towards the Mount Ephraim frontage are commercial and retail in character. To the south of the site entrance is a parade of small Victorian shops with residential above, varying in height between two and four storeys. A number of these buildings are Grade II Listed Buildings. To the north of the site entrance, the site adjoins a row of three storey Victorian villas predominantly in office use, a modern 5 storey office building called Westcombe House, Abbey Court Medical Centre and an NHS Kidney Treatment Centre run by Guy’s and St Thomas’ Hospital. There is a motor dealership and shops on the opposite side of Mount Ephraim.

1.10 The rear of the site adjoins the residential streets of Royal Chase to the south and Culverden Park to the north. These streets are characterised by 2 to 3 storey detached properties set in large individual plots with substantial gardens. An area of woodland known as Great Culverden Park adjoins the site to the west. This is designated as an Area of Landscape Importance, a Site of Local Nature Conservation Value and is known to contain badgers, bats and breeding birds. The woodland is privately owned by the residents of the surrounding residential properties and managed as a limited company, Great Culverden Park Ltd.

1.11 The northern site boundary also abuts the rear of Abbey Court, (4-storeys), a three storey block of flats (3 Culverden Park). A detached house at 11 Culverden Park adjoins the site to the west of the entrance off Culverden Park.

1.12 The Local Plan allocates this site for redevelopment through two policies.

 Policy CR4(c) allocates the front section of the site adjoining Mount Ephraim for a mixed use development including offices, hotel and/or community and leisure uses. This policy states that the site should provide improved pedestrian crossing facilities on Mount Ephraim and in design terms new development should maintain a strong frontage to Mount Ephraim and provide new tree planting.

 The rear section of the site is allocated for residential use through Policy H7. This policy states that the site should provide a minimum of 200 dwellings at a net density of approximately 60 dwellings per ha. It also stipulates that an equipped children’s play space should be provided on the site. Within the policy justification it states that the main vehicular access will be from Mount Ephraim and that there shouldn’t be a through route, except for emergency vehicles.

Ardenhurst site

1.13 The application site also includes a separate triangular shaped parcel of land known as the Ardenhurst site, which is located on the opposite side of Culverden Park to the main site. It has frontages to Culverden Park and Culverden Park Road. This area was used as a 43 space car park for hospital staff car parking and has an area of approximately 0.3ha (0.71 acres).

1.14 The Ardenhurst site sits at a higher level than Culverden Park and the levels continue to rise towards Culverden Park Road.

1.15 There is significant vegetation on the boundaries of the site, including a group of trees at the apex of the site and a stand of silver birches within the centre. All of the trees on the site are protected by a TPO. There is an attractive stone retaining wall along the Culverden Park frontage.

1.16 The surroundings of the Ardenhurst site are predominantly residential in character.

1.17 Adjoining the site on its western boundary are the premises of Crossways, which have a 3 storey building fronting Culverden Park and a part 3 storey part 4 storey building fronting Culverden Park Road with a shared rear garden between these buildings. The Crossway premises are occupied by younger adults (18 to 65 years) with mental health difficulties.

1.18 There are blocks of flats on the opposite side of Culverden Park Road, including the 3 storey Deacon Court and Bell Court and the 5 storey Edison Court (formerly the North Telephone Exchange site) at the junction of Culverden Park and St John Road. Also, to the south of the Mount Ephraim and Culverden Park junction, is the substantial Southern Telephone Exchange building.

1.19 The Ardenhurst site is not allocated for development in the Local Plan. However it is located within the Limits to Built Development in the Local Plan where, under Policy H5, use for residential purposes is acceptable in principle.

2.0 PROPOSALS

2.01 Full planning permission is sought for a residential-led mixed-use development. The main components of the development are:

 200 flats and houses on the main site  43 senior living apartments, including communal facilities, on the Ardenhurst site  an office building with 60 basement parking spaces located on the Mount Ephraim frontage  a primary school with 15 basement parking spaces located on the Mount Ephraim frontage  open space including an equipped children’s play area at the western edge of the site and an informal amenity area in the southern part of the site  landscaping, including water features.

 a fenced ecological buffer (Ecological Protection Zone) wrapping around the western and southern perimeter (0.54 ha)  separate accesses from Mount Ephraim and Culverden Park with no vehicular through route  residential parking at the ratio of 1 space per one bed unit; 1.5 spaces per two bed units; and 2 spaces per three bed plus units and 20 additional visitor spaces.

Overview of proposals on main site

2.02 The layout comprises a main entrance on Mount Ephraim, located between the proposed primary school and office block and a further main entrance on Culverden Park framed by new residential buildings. The Mount Ephraim entrance serves the upper part of the site and the Culverden Park access serves the lower level. There are pedestrian and cycle links between the two accesses but, with the exception of an emergency access, there would be no through route for vehicles.

2.03 The layout of the site has been designed to provide a sense of arrival and a series of spaces within the scheme, each having their own identity and sense of place. The pattern of roads and the siting and scale of the buildings have responded to the dramatic fall in levels from east to west. The residential development is arranged on a series of wide, flat tiers that step down from Mount Ephraim.

2.04 It is intended that the main entrance off Mount Ephraim will provide a high quality public realm. A central, tree-lined boulevard will lead down from Mount Ephraim, located between the school and office block, continuing into the residential area. At a T-junction (named ‘Square’ on the layout plan), vehicles will turn left or right, although pedestrians can continue through a feature pear arch and down a stepped walkway with apartments on either side, which leads to the lower part of the site.

2.05 The boulevard and this central walkway are important elements of public realm. They are enhanced by two water features. One is a shallow rill (open channel) that will run down from Mount Ephraim at the side of the school. This will be fed by water chutes that emerge from the wall of the school. The other is a large stepped water feature comprising a twin water rill and feature jets running down through the central pedestrian walkway.

2.06 Buildings that have been designed to be of ‘townscape interest’ are located at key points in the layout. These include the office block and school on the Mount Ephraim frontage, apartment blocks C and D that frame the central stepped walkway, apartment block E which together with its backdrop of Great Culverden Park, terminates the view downhill through the main site; and apartment blocks F and G on either side of the Culverden Park frontage.

2.07 The residential areas of the development consist of a series of housing clusters with street trees, garden trees, hedge and shrub planting. A gated mews is located within the south-west corner of the site.

2.08 Open space is integrated into the development. An open space named ‘The Green’ is located on the western lower plateau of the site adjacent to the woodland edge. This area includes a play area to LEAP standard, with timber play equipment. Also, a small informal amenity area named ‘Ephraim Green’ is located at the southern end of the layout, centred on a retained feature cedar tree.

2.09 The majority of existing perimeter vegetation will be retained and enhanced, providing an ecological corridor and green buffer (indicated as an Ecological Protection Zone on the layout plan) between the proposed development and Great Culverden Park to the west.

2.10 Each element of the proposals is further described below.

Office proposals

2.11 The office block is predominantly a four storey brick clad structure with a three storey rendered frontage to Mount Ephraim, located to the north of the main access. The three storey element aligns with the building line formed by the row of Victorian villas to the north, and although it has a contemporary design, it has been deigned to respect the proportion and scale of these older buildings. The building has a flat roof, which is intended to accommodate a ‘green’ roof.

2.12 The entrance to the building is located on the corner, accessed via a landscaped semi- public space. The pedestrian access along the northern side main site access is beneath a covered colonnade.

2.13 A vehicular access at the western end of the building leads down to a basement car park with 60 spaces allocated to office use and 26 cycle parking spaces. Refuse storage facilities are also provided.

2.14 There is a small lay-by in front of the building to be used by service / delivery vehicles.

2.15 The block comprises 4,046 sqm of office space and it is intended that a local employer who is seeking to consolidate their accommodation in the town would move into the building.

Primary School proposals

2.16 The proposed three storey primary school has a floor area of 1,100 sqm and is located on the Mount Ephraim frontage, to the south of the main access.

2.17 The school is designed to accommodate 168 children from the ages of 4 to 11. It will be provided through the government’s ‘Free School’ initiative, which allows parents and teachers' groups to run their own schools, independent of state control. This element of the proposals came forward after The Wells Free School Group approached the applicant at the pre-application stage. The building has been designed in association with the Wells Free School Group and the government’s Education Funding Agency has also been involved in an advisory capacity.

2.18 The school is predominantly three storeys high, but with a single storey element across part of the front elevation. The main 3 storey front wall of the school is set back 15m from the pavement. A playground is provided in front of the building. This ‘front’ playground is enclosed by traditional brick piers and railings and the existing tree adjacent to the row of shops is retained. There is a larger playground to the rear of the building, also enclosed behind a wall with railings. The total area of open space is approximately 860sqm plus an additional 165sqm of balcony space created for the benefit of classrooms.

2.19 The building is clad with brick and the entrance elevation along the southern side of the main access will be rendered. The building would have a partly pitched slate roof and part flat, ‘green’ roof. The building has been designed to complement the architectural scale and design of the new office block to the north.

2.20 A drop off lay-by that can accommodate 7 cars is provided within the site off the main boulevard and there is sufficient space for vehicles to turn and leave the site within the area of the layout named ‘The Square’. Use of this lay-by would be managed by the school at drop off and pick up times.

2.21 15 car parking spaces and 16 bicycle spaces will be provided for school employees at the underground level, accessed from beneath the office block.

Residential proposals on main site

2.22 The area of land affected by the residential proposals is 3.38 ha and an additional 0.54ha is within an ecological buffer area along the western and south western boundaries, which is denoted on the proposed layout plan as an ‘Ecological Protection Zone’.

2.23 The predominant use of the main site would be residential, comprising a mix of houses and flats and a mix of tenures as follows:

1 bed 2 bed 3 bed 4 bed 5 bed Total Private 28 42 20 90 houses Private 21 63 16 100 flats Affordable 4 6 10 flats intermediate intermediate rent rent Total 25 69 44 42 20 200

2.24 Of the total of 200 dwellings that are proposed on the main site 110 units (55%) are flats and 90 units (45%) are houses. As stated in the Table above, 10 of the units on the main site would be affordable.

2.25 There are 9 blocks of flats in total on the main part of the site, which range in height from 3 storeys to 5 storeys. The designs of the flat blocks vary according to their location within the scheme and in relation to surrounding townscape.

2.26 The proposed houses are predominantly 2 and 3 storeys high with some part 4 storey properties at the western end of the site. Many of the house are split level to accommodate the steepness of the site.

2.27 Most of the houses are terraced, with a few semi-detached and detached dwellings. Of the houses 31% are 3-bed houses, 47% are 4-bed houses and 22% are 5-bed houses.

2.28 The residential areas consist of a series of housing clusters with street trees, garden trees, hedge and shrub planting. A gated mews is located within the south-west corner of the site. A variety of house styles and materials are used, based on studies of traditional building styles in the older areas of the town.

2.29 The streets are designed to have a maximum vehicle speed of 20mph. With regard to parking, a total of 356 residential parking spaces are proposed, based on ratios of 1 space per one bed unit; 1.5 spaces per two bed units; and 2 spaces per three bed plus units. This total includes 20 visitor parking spaces, which are located at surface level in residential parts of the layout. Most of the blocks of flats have basement parking and most of the parking spaces for the houses are located within the residential curtilage.

Proposals on the Ardenhurst site

2.30 A further 43 apartments are proposed on the Ardenhurst site, comprising 11 one bed flats and 32 two bed flats for ‘senior living’. All of the units would be self-contained and additional services and communal living space would be provided. These communal facilities include a large open plan dining area (311 sq.m.), kitchen, meeting room, office, hairdresser and laundry.

2.31 All of these units would be affordable units, transferred to a housing Association and controlled via the Section 106 Agreement.

2.32 The building varies in height from 3 storeys adjacent to the western boundary with Crossways to five storeys at the apex of this triangular shaped site. There are also 2 flats at semi basement level and undercroft parking.

2.33 An ambulance bay is included on the Culverden Park Avenue side of the site as well as four surface level parking spaces. Vehicular access to the 19 space undercroft car park is from Culverden Park, opposite to the access to the main site. Space for storage of mobility vehicles is also provided.

Section 106 agreement

2.34 The applicant is willing to enter into a Section 106 Agreement, which would secure the following:

 provision of on-site affordable housing (53 dwellings)  off-site affordable housing (developer contribution of £1,254,000 to TWBC)  Provision of primary school on site (backed up by an alternative developer contribution of £1,479,247 to KCC for primary education in the event that unforeseen circumstances prevent on site provision)  KCC Library facilities (developer contribution of £40,933)  KCC Community Learning (£6,488)  KCC Youth facilities (developer contribution of £4,012)  KCC Family Social Care (developer contribution of £12,255)  off site youth and adult recreation facilities (developer contribution of £525,707)  management of the Common to offset recreational pressures from residents of the site (developer contribution of £18,000)  residents parking zone in the Culverden Park area, (developer contribution of £10,000)  air quality management (developer contribution of £10,000)  the provision and maintenance of on-site children’s play area and informal public open space  the provision, retention and management for nature conservation purposes of Ecological Protection Zone  use of local labour and apprenticeships, including monitoring.

2.35 In addition, planning conditions to secure the direct provision of:

 off-site improvements to pedestrian crossing facilities at the junction of Culverden Street and Mount Ephraim to the approximate value of £25,000.  On- site public art and water features.

Supporting documents submitted with the application

2.36 The application is accompanied by the following supporting documents, some of which have been supplemented during the determination of this application:

- Planning Statement, DHA Planning, September 2012, as amended received 19 September 2012 - Design and Access Statement, DHA Urban Design, September 2012, as amended received 19 September 2012 - Environmental Statement with technical reports and appendices, Drivers Jonas Deloitte, received 11 September 2012 - Environmental Statement Addendum, Drivers Jonas Deloitte, September 2012, received 19 September 2012 - Transport Assessment, RGP, September 2012, received 19 September 2012 - Sustainability Design and Construction Statement, Stroma, September 2012, received 19 September 2012 - Arboricultural Report and Tree Protection Plans for main site and Ardenhurst Site, Ian Keen Ltd, September 2012, received 11 September 2012 - Commercial Viability Study, Savills, September 2012, received 11 September 2012 - Statement of Community Involvement, DHA Planning, September 2012, received 11 September 2012.

Pre application publicity

2.37 In accordance with the requirements for pre-application consultation on major schemes, the applicants have consulted the community in the lead-up to the submission of this planning application. The Borough Council has also been consulted throughout the pre- application process.

2.38 The EIA process has also involved continued engagement with interested parties.

2.39 Details of the pre-application consultation strategy are set out in the Statement of Community Involvement which accompanies the application. The consultation exercise included a public exhibition that was held over three days in June 2012. The Statement of Community Involvement demonstrates how the scheme has changed to respond to the consultation process. The applicant undertook a further three day consultation exercise shortly after submitting the application.

3.0 RELEVANT HISTORY

3.01 There is a long and detailed planning history relating to the existing hospital but this is not directly relevant to these redevelopment proposals.

3.02 Conservation Consent has been granted under application ref TW/10/4042 for the demolition of various structures or parts of structures that are within the CA. These include the southernmost quarter of the postgraduate centre at the south east corner of the site (the CA boundary goes through the building); the two storey entrance porch to the main hospital building on the Mount Ephraim frontage; and two electricity substations to the north of the main entrance.

3.03 There has been one previous application for the redevelopment of the site (TW/10/04041), which was submitted by the Maidstone and Tunbridge Wells NHS Trust. This application was described as ‘Part Outline (means of access not reserved) - Construction of a maximum of 365 Class C3 dwelling-houses, children's play area, public open space, new access road and associated parking; Part Detailed - 635 square metre GIA Class A1 retail/A3 restaurant and cafe floorspace (644 square metres GEA), 3202 square metre GIA Class B1 office floorspace (3,468 square metre GEA), 8 No. Class C3 dwelling-houses, public open space, new access road and associated parking. The application was withdrawn following the sale of the site to Berkley Homes in March 2012.

3.04 An EIA Scoping Opinion TW/12/01396/EIASCO (Residential-led mixed use development comprising residential and commercial uses) was issued prior to the submission of the current planning application, confirming the matters to be included within the Environmental Statement that would accompany this application.

3.05 An EIA Screening Opinion application TW/12/02269/EIASCR (Demolition of hospital) was issued in October 2012, concluding that an Environmental Statement would not be required for the demolition of the existing hospital buildings.

4.0 POLICIES

4.01 National Policies

National Planning Policy Framework, March 2012.

4.02 South East Plan 2009

- Policy SP3 – Urban Focus and Urban Renaissance. - Policy CC1 – Sustainable Development. - Policy CC8 – Green Infrastructure. - Policy RE3 – Employment and Land Provision. - Policy H1 – Regional Housing Provision. - Policy H3 – Affordable Housing. - Policy H4 – Type and Size of New Housing. - Policy H5 - Housing Design and Density. - PolicyNRM5 – Conservation and Improvement of Biodiversity. - Policy NRM7 – Woodlands. - Policy NRM9 – Air Quality. - Policy NRM10 – Noise. - Policy NRM11 – Development Design for Energy Efficiency and Renewable Energy. - Policy W2 – Sustainable Design, Construction and Demolition. - Policy BE1 – Management for an Urban Renaissance. - Policy AOSR8 – Tonbridge/Tunbridge Wells Hub.

4.03 Tunbridge Wells Borough Core Strategy 2010

• Core Policy 1: Delivery of Development. • Core Policy 3: Transport Infrastructure. • Core Policy 4: Environment. • Core Policy 5: Sustainable Development. • Core Policy 6: Housing Provision. • Core Policy 7: Employment Provision. • Core Policy 8: Retail, Leisure and Community Facilities Provision. • Core Policy 9: Tunbridge Wells.

4.04 Tunbridge Wells Borough Local Plan 2006

- Policy EN1 – Design and Other Development Control Criteria. - Policy EN4 – Demolition within Conservation Areas. - Policy EN5 – Development in Conservation Areas. - Policy EN13 – Tree and woodland protection. - Policy EN16 – Protection of groundwater and other watercourses. - Policy EN18 – Flood risk. - Policy H2 – Dwelling Mix. - Policy H3 – Affordable Housing within Development Schemes. - Policy CR4(c) – Allocations for town centre uses - Kent and Sussex Hospital (part). - Policy H7 – Site of Kent and Sussex Hospital (part) -Housing Allocation. - Policy CS4 – Contributions to School Facilities. - Policy R2 – Recreation Open Space in New Residential Development. • Policy TP1 – Major development requiring Transport Assessments and a Travel Plan. - Policy TP3 – Multi-modal Access for Large Scale Development Schemes. - Policy TP4 – Access to Road Network. - Policy TP6 – Residential Development in Tunbridge Wells Central Access Zone. • Policy TP7 – Tunbridge Wells Central Parking Zone (Commercial). - Policy TP9 – Cycle Parking Standards. - Policy TP18 – Network of cycle routes.

4.05 Supplementary Planning Documents

- Affordable Housing SPD (September 2007). - Renewable Energy SPD (April 2007). - Recreation Open Space SPD (July 2006). - Kent Design Guide (2005/2006).

5.0 CONSULTATIONS AND BACKGROUND PAPERS

Education Funding Agency

5.01 12/11/12 – We write to confirm our support for the provision of the Free School as part of the redevelopment of the former Kent and Sussex Hospital. The Education Funding Agency (EFA) is the Department for Education’s (DfE) delivery agency. We support the delivery of building and maintenance programmes for Free Schools.

5.02 The Wells Free School Trust has been approved by the DfE to open a Free School in Tunbridge Wells and we are now in the delivery phase. As part of this process, the EFA are required to determine that any property acquisition is ‘value for money’ and that it compares favourable to other projects delivered by the policy. We have been working with both the Wells Free School and Berkeley Homes from an early stage in the development of the school proposals and consider the current proposals to sufficiently meet the criteria for a Free School of this number of pupils and size. The proposed building is currently at the maximum size that would be funded by the EFA.

5.03 During the course of designing the building, to what has now been submitted for planning, we are aware that Berkeley has increased the outdoor space provision to approximately 860sqm plus an additional 165sqm of balcony space created for the benefit of classrooms. We understand that the current amount of outdoor space has come at some cost to Berkeley.

5.04 The majority of Free Schools opened to date have been within surplus Government owned buildings, converted offices, warehouses, churches, former schools etc. many of which have limited outdoor space. This is an accepted principal for Free Schools.

5.05 We applaud Berkeley Homes for working with us and the proposed Free School and their approach to the provision of this purpose built, purpose designed Free School as part of the development proposals for the site. We understand that the design of the building has been developed with the involvement of the Free School members and we have also been involved in an advisory capacity. This building will be the first developer lead provision of a Free School the EFA have been involved with.

5.06 Funding for the Free School will be substantially paid for by the DfE (via us at the EFA) along with diverted developers S106 education contributions. The Free School Trust have concerns about the ability of the proposed level of outdoor space to deliver their own vision and ethos and I understand the group continue to discuss this matter with you. For clarity, the EFA considers that the amount of outdoor space is sufficient for a school of 168 pupils.

5.07 Approval of this application by Tunbridge Wells Borough Council Members will see the delivery of a much needed primary school within the town centre. We believe that with the right support from the EFA, DfE and Kent County Council Education that this Free School can be a success and a template of Free Schools across the Country.

Environment Agency

5.08 10/10/12 – Summary as follows:

• Regarding flood risk, no objections in principle, but request condition is imposed requiring submission of a sustainable surface water drainage scheme for the site. The EA strongly recommends this condition be considered prior to or in conjunction with, approval of road and housing layout to ensure the optimum space can be allocated for storage and conveyance of storm runoff using sustainable drainage techniques.

• Regarding groundwater protection we agree with the recommendation for further intrusive investigative works following the demolition of the hospital buildings. The outline remedial strategy including removal of tanks and validation of the surrounding soil is appropriate however may require amendment following the completion of the further intrusive investigative works. The current application indicates alterations to the planning application boundary since issuing the desk study and intrusive investigation. It is recommended that additional research is undertaken to confirm if any contamination is present.

• Recommend conditions regarding contaminated land are imposed as the site overlies a secondary aquifer.

• Also recommend that conditions are imposed with regard to piling, drainage and the installation of ground source heat pumps, together with informatives regarding fuel, oil and chemical storage and the disposal of contaminated soil.

Natural England

5.09 3/10/12 – Regarding protected species, it is noted that a survey has been undertaken. Conclude the proposed development is not likely to affect a European protected species and therefore Natural England does not object.

5.10 Impacts on badgers have been identified and, in particular, construction works would result in the loss of an active annex badger sett and may affect entrances off an off site main sett. And therefore would constitute an offence under the legislation protecting the species. However, Natural England is satisfied that if the mitigation measures outlined during the construction stage are adhered to these should adequately minimise the impacts on badgers using the site. We welcome that ‘the amount of foraging habitat within the site will be increased whilst diversity and quality of foraging should also be improved, through the habitat creation and enhancement.’

5.11 Regarding other features of nature conservation interest, the development should avoid adversely impacting sensitive areas for wildlife within the site and should, if possible, provide opportunities for overall wildlife again. Measures to enhance the biodiversity of the site should be secured from the applicant.

Southern Water

5.12 19/10/12 – Summary as follows:

• Currently adequate capacity for foul sewage at one manhole but insufficient capacity at two other manholes. Require a formal application for connection to public foul sewer.

• Insufficient capacity for surface water disposal. The proposed development would increase flows to the public sewerage system and any existing properties and land may be subject to a greater risk of flooding as a result. However, there is some capacity at one manhole.

• The applicant is advised to consider various options including discharge to an available watercourse, discharge to soakaways, or, if the existing development discharges to the existing system then this may be permitted. A topographical and / or CCTV survey will be needed and evidence to show flows will be no greater than existing.

• Suggest informative regarding the need for a formal application for connection to the public sewerage system.

• The application makers reference to Sustainable Urban Drainage System. Such facilities are not adoptable by sewerage undertakers. Applicant will need to ensure that long term maintenance exists. Good management will avoid flooding, which may result in inundation of the foul sewerage system. If using a Sustainable Urban Drainage System, the drainage details submitted should specify the responsibilities, timescales and management and management and maintenance details.

• and, if using a Sustainable Urban Drainage System, the drainage details submitted should specify the responsibilities, timescales and management and management and maintenance details.

• Request condition imposed requiring details of foul and surface water drainage to be submitted for approval before construction commences.

• If a sewer is found to be crossing the site it should be investigated to ascertain its condition, number of properties served and potential means of access before any further works commence on site.

5.13 9/11/12 – (In response to additional information provided by the applicant) – No change to original comments.

UK Power Networks

5.14 1/10/12 - No objections.

Kent Wildlife Trust

5.15 4/10/12 – Summary as follows:

• Pleased to note the improvements in the design of the green infrastructure since the original application. Welcome the green link and the associated enhancement of bird and bat boxes within the locality. This corridor will have a number of benefits for ecology on and off site providing protection of the main badger sett, increased foraging opportunities for badger, bird and invertebrate species and an ecological connection between Great Culverden Park and the LWS. We commend the incorporation of green/brown roofs within the design and feel that if designed appropriately these features could provide important habitat for the rare invertebrates that are present within the LWS.

• No objection to the proposed design, subject to conditions being attached requiring approval of a habitat design management and monitoring strategy, and a lighting strategy.

• Agree that measures detailed within the EIA and green infrastructure design will provide adequate protection for the badgers within the adjacent sett. We have no objections to the mitigation proposed.

• Welcome the measures within the EIA to protect and improve the hydrology on the SLNCV, provide avoidance measures to ensure no impact due to dumping and mitigate the residual impacts through financial settlement. We have no further concerns regarding this issue.

• Welcomes the commitment to provide a contribution to the management measures proposed to alleviate recreational impact on Tunbridge Wells and Rusthall Common LWS. Agree that, considering the level of development proposed for Royal Tunbridge Wells, in-combination impacts are of the greatest concern. This is however a significant development only 30m from the LWS and therefore individual impacts are also relevant. Concerned that a final settlement has yet to be agreed.

5.16 Kent Wildlife Trust has prepared a mitigation strategy, in association with Tunbridge Wells Commons Conservators, which has recommended measures required to ensure no impact on the LWS as a result of recreational pressure from the development planned. The Strategy concluded that a tariff of £72 per household was required to ensure delivery of the mitigation. According to this, the contribution would be £17,496. We therefore can only support the proposed mitigation subject to the appropriate financial payment being secured as part of the s106 agreement.

Tunbridge Wells Common’s conservators

5.17 3/10/12 – The Conservators are very concerned about the recreational impact on the Commons. Accordingly they have drawn up a mitigation strategy in association with Kent Wildlife Trust which concluded that a tariff of £72 per new household was required. The Conservators are pleased that the applicant has agreed to make a financial contribution and request that this should be £17,496. We therefore can only support this planning application once this payment is agreed.

Kent Highway Services

5.18 23/11/12 – (summary). The highway authority has no objections to the redevelopment of the site of the former hospital which was a significant traffic generator in the area and in overall terms a reduction in movements on the highway is expected.

5.19 It is regrettable that the school was a late addition to the development proposals for in highway terms school traffic can be difficult to manage and the school has been sited in a small area close to a very sensitive stretch of highway. The highway authority recommended alternative siting within the development but as this did not prove feasible we continue to work with the developer to ensure robust arrangements for the school so as to minimise impact on the highway.

5.20 The proposed office development is for a single occupier and whilst parking levels could be reduced to reflect the sustainable location I understand TWBC is in agreement with the level proposed on the site with additional provision secured within a nearby town centre car park.

5.21 The developer has confirmed that the development is to remain under the control of a private management company and is not to be offered for adoption. Whilst the layout accords with the general principles of Kent Design, I have identified a number of areas where details should be re-examined and the developer has agreed to do this, for example the detailing on the pedestrian/cycle route through the site, visibility splays at access points and bends, undercroft car park details.

5.22 Residential parking has employed a mix of town centre and edge of centre levels but I have raised concern regarding the high proportion of garage provision and lack of surface visitor provision in some areas of the development where indiscriminate parking may occur and the applicant has agreed to look at areas including The Mews, Block E and The Square. An additional turning head for larger vehicles is also to be demonstrated along the rear access road.

5.23 There has been much discussion about parking levels at Ardenhurst and I understand that this is to provide rented, affordable accommodation for elderly people, secured through a S106 agreement. I understand S.106 monies will be secured to fund the consideration/provision of a residents parking zone in the Culverden Down area.

5.24 A S.278 Agreement will be required to cover off site improvements at the junction of Culverden Street and also details of the access and associated reinstatement of footway, signs and lines etc and re-siting of the bus stop. KCC can no longer accept a contribution and the works will need to be covered by a Grampian condition and form part of the S.278 agreement.

5.25 In addition I recommend the following conditions: pedestrian and vehicular accesses and turning areas to be constructed at same time as the development is carried out and maintained; a through route for pedestrians and cyclists provided and maintained; pedestrian and vehicular access to the school be provided prior to first occupation of the school and to be maintained thereafter at all times; details of proposed arrangements for drop off and pick up of children at school start and finish times to be submitted for approval prior to first use and to be reviewed as part of the ongoing Travel Plan process. (details shall include both physical and management arrangements); parking to be provided and maintained; school Travel Plan to be submitted and reviewed; and notwithstanding details hereby submitted, details of pedestrian and vehicular visibility splays at the access points to the highway be submitted for approval - this will allow account to be taken to any revised on street parking arrangements and ensure pedestrian visibility splays also provided.

Kent County Council (developer contributions)

5.26 31/10/12 – The development will have an additional impact on the delivery of its services, which will require mitigation either through the direct provision of infrastructure or the payment of an appropriate financial contribution.

5.27 Regarding primary education provision, request that Berkeley Homes (BH) transfer the identified Free School (FS) site to KCC, subject to our standard terms for the transfer of a school site, copy attached, together with any other requirements specified by the Education Funding Agency (EFA). KCC to transfer the FS site to the Education Funding Agency (EFA) upon written confirmation that they have entered into a contract to deliver the FS within an agreed timeframe, currently September 2015.

5.28 Request a new build financial contribution of £738,283 based upon the need for 37.18 new primary school places. The contribution will be passed to the EFA upon written confirmation that they have entered into a contract to deliver the FS. The contribution to be returned to KCC if the FS is not delivered within the agreed timeframe, currently September 2015.

5.29 BH to be responsible for temporary provision of the FS until the new school is fully operational. If the FS does not proceed, BH to make a new build financial contribution of £738,283 to KCC, based upon the need for 37.18 new primary school places plus a proportionate contribution towards land and acquisition costs for a new school site. Based upon residential land values for the area we estimate this to be £740,964 plus a proportion of the acquisition costs. Please note the site acquisition cost is based upon current local land prices and any section 106 agreement would include a repayment clause should all or any of the contribution not be required. The school site contribution will need to be reassessed immediately prior to KCC taking the freehold transfer of the site to reflect the price actually paid for the land. I am not aware of any additional specific requirements by the EFA but if there are these may need to be included in the S.106 agreement.

5.30 Libraries – A financial contribution of £40,933 towards new book stock, resources and increased provision at Tunbridge Wells library.

5.31 Community Learning – A financial contribution of £6,488 towards resources (staffing, equipment etc) to provide additional classes at Tunbridge Wells Adult Learning Centre and local outreach facilities.

5.32 Youth facilities – A financial contribution of £4,012 towards resources (staff, equipment and accommodation rental) to provided additional sessions and facilities.

5.33 Family social care provision – A financial contribution of £12,255 towards resources (staffing, equipment, rental etc) to provide additional activities for the elderly and those with learning and physical difficulties including those suffering with Dementia, plus Assistive Technology equipment (telecare) to enable the aforementioned to remain living in their own accommodation on this proposed development.

5.34 The response also sets out the County Council’s General Site Transfer Requirements, which have been brought to the attention of the applicant.

5.35 There is no requirement for contribution towards secondary schools.

Kent Police

5.36 28/9/12 – Force Crime Prevention Design Advisor:

5.37 Question whether the access point nearest to the town centre off Mount Ephraim is needed. This leads to houses, rear gardens and parking spaces and could lead to concerns from residents. It would also provide access to the ‘village green’ area which could be a gathering place, possibly resulting in crime and anti social behaviour.

5.38 Also concerned about footpath at rear of the school running between houses and parking spaces which appears to be redundant. Any footpath should provide good natural surveillance, clear sight lines and visible entranceways.

5.39 The play area abutting the ecological buffer zone causes concern regarding the safety and security of those using it. Consideration should be given to gating or fencing to ensure people do not use the buffer zone for unlawful activities.

5.40 Berkeley Homes have confirmed that open spaces at the rear of the back gardens between plots 37 – 177 and a number of other plots will be securely gated and will only be used by property owners/residents. Failure to gate such areas will afford an opportunity for unauthorised access to rear gardens and could result in increased burglaries and antisocial behaviour within the development. Berkeley Homes state that garden boundaries at the rear of the gated part of the development that backs onto the ecological buffer will have low chain link fencing. This concerns us as most access is gained to properties via the back garden. Thought should be given to secure boundaries either to the garden or Great Culverden Park to prevent access via the park.

5.41 4/10/12 – Request developer contribution of £7,030 be given towards policing infrastructure to mitigate the impact on policing services in the area.

Environmental Services (Noise)

5.42 4/10/12 – Broadly satisfied with noise report but recommend conditions for the following:

5.43 Regarding noise levels during construction, approval of the Construction Environmental Management Plan prior to works commencing. The plan should include a contingency for using an acoustic consultant to undertake measurements and assessments of noise if requested to do so by the local authority (in the events of noise complaints being received).

5.44 Regarding piling methods, the noise and vibration assessment are based on continuous flight auger piling. A condition should be imposed which prohibits the use of percussive piling as this has not been used to assess construction noise or vibration levels.

5.45 As plant for the site has not been chosen nor its exact location determined the plant noise conditions LM001 - plant and ducting systems & LM002 - noise and vibration of plant should therefore be included.

5.46 They have indicated that for the buildings in the nosiest part of the site that upgraded glazing and mechanical ventilation, including drawing air in from a location where air quality is better (non road side of property). Again as this was aspirational it would be prudent to seek details of these for approval so we can see how they translate into design specifications. As a result condition LM005 - internal sound levels – residential should be imposed.

5.47 There is indication of a school being in the C/D category. Noise from traffic could impact on classroom environments and research has shown a negative impact on learning. This is not an issue addressed by the Environmental Protection Section but it would be imperative to seek comments from Kent County Council on this as they will probably wish to ensure compliance with BB93.

5.48 Recommend informative drawing attention to the Code of Practice for Construction Sites.

Environmental Services (Air quality)

5.49 26/9/12 and 26/11/12 - summary as follows:

School

5.50 A primary school is a sensitive receptor for air quality and the proposed location is on the part of the site where air quality is likely to be the poorest. With this type of application, it is good practice to undertake baseline monitoring within the proposed development site but this has not been done.

5.51 Raise detailed concerns / criticisms of the Air Quality Assessment. The modelling shows predictive NO2 levels away from the kerbside to be within the objectives for 2017 (25.2µg/m3) and 2012 baseline (28.2µg/m3). However, recent levels (2011) along the kerbside of Mount Ephraim are in the region of 40 µg/m3; the National Objective level. A NO2 contour map was not provided, which would have shown how the levels were predicted to reduce at the proposed school site and the surrounding area. A playground is proposed at the front of the school – the closest part of the development to the A26. Vegetation may help reduce the level of NO2 although this could impact on visibility for vehicles exiting the development.

5.52 Request condition is imposed to require air quality monitoring at a worse case location within the vicinity of the front playground to be funded by the developer prior to the school being built. If the monitoring shows that the annual mean nitrogen dioxide levels are close to or above the national objective of 40 µg/m3 a scheme of mitigation works in the form of mechanical ventilation shall be submitted. This would ensure that pupils and staff within the school building are not exposed to poor air quality and to authenticate the NO2 levels predicted.

Housing and commercial developments

5.53 Request electric car charging points are installed within the site, preferably one Electric Vehicle Charging Point (EVCP) within each access area of the main residential area and at least one EVCP be available within the commercial development parking area.

5.54 The Ardenhurst Senior Living Block could be suitable for a Car Club scheme where residents have the opportunity to rent a vehicle when needed rather than having ownership of one.

5.55 The commercial development should develop a Green Travel Plan prior to occupation. With the development being within the town centre it has the benefit of sustainable transport options (train and bus) close by and should be taken advantage of. The business that occupies the commercial building should join the New Ways 2 Work initiative which works in partnership with Tunbridge Wells Borough Council (TWBC) and Kent County Council (KCC) to encourage sustainable business travel. In view of the site’s sustainable location I do not see the need for 50 car parking spaces required for the commercial use.

Construction impacts

5.56 A Construction Environmental Management Plan (CEMP) for the Development should be produced prior to the start of on-site works. Construction vehicles used during the construction phase will be Euro III standard or higher. Similarly non-road mobile machinery (NRMM) should use low sulphur diesel to comply with current EU NRMM emissions standard, be fitted with diesel particulate filters and be subject to on-site performance checks.

Environmental Services (Contaminated land)

5.57 5/10/11 – The investigation is comprehensive for the portions of the site that are currently accessible. Further investigation will be necessary when the buildings have been removed. In general agree to the findings of the risk assessment and recommendations.

Planning Policy Manager

5.58 27/9/12 – Comments summarised as follows:

Affordable housing

5.59 Para 2.44 of The Affordable Housing SPD states ‘on-site provision will be of paramount importance’. I therefore question the proposal for some of the affordable housing to be provided off site. I understand however that this proposal has been discussed with the affordable housing officers, together with the proposal to deliver most of the affordable units in the form of senior living.

Dwelling size & mix

5.60 Policy H2 of the Local Plan is still a saved policy although Table 8 in the Core Strategy gives a more recent update from the SHMA 2009. Comparing the proposed mix with Local Policy H2, the main difference is a higher % of 3 bed plus dwellings, although the SHMA does indicate that a lower % of 1 and 2 bed dwellings should be sought than previously. This proposal is for significantly less 3 bed units compared with the SHMA requirement and more 4 bed plus units.

5.61 I also note that the one and two bed units are all flats.

Transport

5.62 In accordance with Core Strategy Policy CP3 the applicant should also be asked to provide a travel plan. Local Plan Policy TP3 requires larger-scale residential developments to provide for the needs of pedestrians, cyclists and buses. The proposal includes relocation of a bus stop from within the site area onto Mount Ephraim, which may help to increase access to and patronage of bus services.

5.63 Local Plan Policy H7 gives several detailed access criteria including provision of pedestrian and cycle links to the surrounding area, particularly to the town centre and Culverden Park; improved pedestrian crossing facilities on Mount Ephraim; a possible contribution to the provision of cycle routes; a design speed for roads within the site of 20mph; and a possible financial contribution to the provision of a Residents’ Parking Zone. I understand that the proposal has fulfilled all of these criteria except the contribution to the provision of cycle routes. The Design & Access Statement shows combined pedestrian and cycle routes into and through the proposed development on the ‘routes and access points’ map.

5.64 Residential parking - the site is located inside the Central Access Zone and Policy TP6 states that a maximum parking standard of one space per dwelling will apply within this area. The proposed parking provision is in excess of this and therefore contrary to policy. However, I understand that agreement has been reached between the applicant and KCC on the level of parking provision. Garages are hardly ever used for parking so ideally should be designed so that they can’t easily be used for domestic storage/utility purposes.

5.65 The eastern frontage of the site is within the Central Parking Zone to which policy TP7 applies. This states that only operational parking should be provided on-site for B1 and D uses. KCC’s Vehicle Parking Standards (2006) recommends, for B1 uses, the maximum provision of one car parking space per 30sqm of development. For the proposed development of 4,046sqm, this would equate to 135 spaces, and so the proposed provision is acceptable on this basis.

Principal Design & Heritage Officer

5.66 21/11/12 – This scheme has been the subject of significant discussion and refinement both at pre-application stage and subsequent submission. These comments therefore, are a summary of the relevant design issues which, in my view, have been effectively resolved as a result of the evolution of the design.

Existing buildings

5.67 In my view, there are no significant buildings on the site that warrant retention. The 1930s hospital building has been heavily altered and adapted. There is also a series of huts/temporary buildings and a rather uncompromising late 20th Century ward block. Whilst they did serve the town as the main hospital, their function has been re-provided in the new Tunbridge Wells Hospital at Pembury. I would therefore raise no objection to the principle of redevelopment both within the conservation area as well as outside, of the majority of the site. Indeed redevelopment provides a good opportunity to enhance the area. There is, however, the small listed monument to George Whitefield which is to be retained. There should also be the retention and re-use of elements such as the remnant sandstone walling as boundary treatments. Also the retention, repair and re-siting of the large urn within the development as well as salvage of elements from the Culverden block.

Layout

5.68 The layout of the development has been dictated to a large extent by the topography. Whilst this is challenging, with significant falls from east to west, this has, in my view, been used to good advantage. It has allowed views from a high proportion of the units over the green space and tree canopies to the west. Development has been arranged across the slope which has introduced a clear layout principle and, in my view, will aid orientation within what is a relatively large site. The development has also introduced a clear split in the site in terms of the levels.

5.69 This has therefore introduced separate vehicular access and egress to the top and bottom sections of the site, therefore removing any potential for a vehicle rat-run and retaining only locally generated traffic. This, in my view, is a clear benefit, derived from the site’s characteristics.

Scale

5.70 The scale of the development, in my view, is suitable for the site and the distribution of the elements respects adjacencies and also introduces variety of built forms and scale within the scheme. This is a Town Centre location and, in my view, a reasonably high density should be expected in order to reflect and maintain the character and to integrate. I consider the balance of development and scale of the buildings is perfectly suited to the location. This is also a sustainable location and therefore should be developed to a suitable intensity – which the scheme does in my view. The “grain” and form of the development proposed is far better than the existing buildings from an urban design point of view.

Character and identity

5.71 This is a relatively large site for Tunbridge Wells town centre and will become a new enclave in the urban fabric, with its own identity. This will be a welcome addition to the character of the town and will reflect the morphology insofar as it is comprised as a series of almost separate neighbourhoods or quarters. Within the scheme, the buildings have been structured as a series of “character areas” such as Culverden Mews, Culverden Green, Ephraim Green and The Boulevard. These are generally centred on their own particular space. This, from an urban design point of view, is highly commendable and will improve the legibility and add to the richness and variety of the townscape. Much of the inspiration for this has come from an appreciation of the existing character of Tunbridge Wells, particularly areas like The Village/Mount Sion area.

Design/architecture

5.72 Housing – It is clear that the inspiration has to a degree come from the existing eclectic mix of terraces and building typologies found in Tunbridge Wells.

5.73 Whilst arguably the architectural treatment is somewhat retrospective and traditionally styled, rather than being of the 21st Century, it does adequately respect the rhythm, materials and detailing in the town and should integrate seamlessly.

5.74 Ardenhurst site – This triangular site adjacent to the main site has its own peculiarities within challenging topography and occupying a sensitive junction. Although a large building, in my view, it does make the transition between the town centre scale and that of the more domestic scale properties to the west. It does make the best and most appropriate use of the site in urban design terms.

5.75 Block C2 – School – This building has adopted a relatively traditional approach to a sizeable building. Its main public aspect is to the north facing the entrance road to the site. There is sufficient variety and complexity in the form and in addressing the sloping site to make the building acceptable as a piece of design. The building is rather less successful however in how it addresses Mount Ephraim. In this regard it is rather bland and contributes little both architecturally or in townscape terms. In the desire to set it back sufficiently to create a playground and so as to respect the flank elevation of No 24 Mount Ephraim, in my view, there has been a lost opportunity to produce something positive in townscape terms and to properly “stitch” the Mount Ephraim frontage together. Additionally, in order to address other issues such a security and air quality, it has necessitated a boundary treatment that is now effectively a bland and inactive barrier.

This resultant inactive frontage will in my view, be intimidating and introduce a negative aspect to the development. This is regrettable at what should actually be one of the key gateway points to the scheme. I consider that the boundary treatment at this corner must therefore be of the highest quality and attempt to mitigate the poorer aspects. I also note on the southern elevation (elevation 4) that the wall to the rear play space steps down in order to match the wall on the north side adjacent to the road. In my view, there is no need to have this wall so high. It will be intimidating and loose sunlight to the play space and I suggest it is lowered.

5.76 Block C1 – Office – This is a significant building which should improve the qualitative office provision in the town. The design, in my view, successfully picks up the rhythm and general form of the Mount Ephraim Villas to the north, but without being pastiche. The overall form and bulk of the building also provides an appropriate “bookend” to the Villas. (Westcombe House being the other one at the north end). There will need to be a careful choice of the brick for this building as well as in its detailing. Conditions should include rainwater goods, window head and reveals, bay window detailing, parapet detail, balcony and entrance canopy details, columns to the arcade and the first floor beam/string course.

5.77 The colonnade picks up on an element found elsewhere in the town and will be an important feature and route into the development. Its final design and detailing are therefore important.

5.78 Whilst I accept the double column approach, I am not yet fully convinced that the architectural proportions work with the stepping down the slope. This, in my view, requires refinement, possibly treating them in batches of 3 to avoid the odd proportions of the lower end. This is not fundamental and can be a refinement achieved through a suitable condition. I am concerned as to the detail of the building adjacent to the footpath and under the colonnade. The white tiling could potentially become a canvas for graffiti. This may be a management issue but if it can be designed out it would certainly be preferable. The plant room doors, the blank walls and the car park entry gate flanking the footpath are potentially not the most attractive environments, particularly at the lower level of the slope. Suggest the ground floor windows of the office above could be used to provide better passive/apparent surveillance. The soffit of the colonnade is also a factor. Rather than being flat, it should probably be modulated with “cross beams” and certainly include lighting. Consideration of colour could also brighten up a potentially intimidating space.

Externals

5.79 As indicated, there are a series of spaces in the proposal. Their quality and detailing will be crucial to the success of the scheme. I would seek conditions covering landscape, boundary treatments, paving materials, public art (including urns and re-use of existing features).

5.80 Particular spaces are those that front Mt Ephraim. The drop off to the C1/Office block will require appropriate consideration to reduce the effect of the vehicular requirements. The setting of the listed monument also requires an appropriate treatment. It is noted that water art has been incorporated into the scheme. This adds to the richness of the streetscene and recognises the foundation of the town, based on taking the waters. External lighting will also be a factor to be conditioned.

Conclusion

5.81 Although the above notes highlight some remaining issues, this is understandable on such a large scheme. They can in my view, be resolved. Overall therefore I consider the scheme to be acceptable from a design and conservation point of view. I think that the spaces that have been included and the identity of the development will be a particular positive feature and will add to the variety and tapestry of the town and its spaces.

5.82 Subject to an appropriate series of conditions on detailing etc, I would recommend approval.

Landscape and Biodiversity officer

5.83 29/10/12 – Comments summarised as follows:

5.84 The overall design approach is very positive and responds well to the site context and constraints whilst maximising development opportunity. The general standard of design and detailing is very high resulting in a rich and varied streetscape that includes significant street tree planting and water features. A well designed play space is located next to the retained ‘Ecological Protection Zone’ which provides an appropriate setting. There remains a general concern with the mass of the Ardenhurst block and its relationship with the streetscape (please note the building has since been redesigned).

5.85 Office Block: The colonnade is perhaps an ungainly feature that is likely to form a strong part of the townscape character at the site entrance. The double stacked columns also look a little awkward.

5.86 Front Entrance Landscaping: Request more details regarding the water rill and how it will work and be integrated with the building and streetscape along a narrow footway were pedestrians and cars dropping off pupils will conflict. Suggest provision of the Tunbridge Wells bicycle racks included in the streetscape to Mount Ephraim.

5.87 Children’s Play Area: Whilst attractive the design is fairly intensive so that wear and tear may result in poor ground conditions (i.e. muddy and waterlogged). Drainage and reinforcement of the grass will help but some areas should probably be laid to bark. Some form of palisade fencing will be required to contain children when playing so close to a road and to deter dog fouling.

5.88 Landscape Masterplan: This plan includes the tree strategy which provides for a good range of species and sizes in suitable locations. Further discussions on species selection and size for some locations can generally be left to a planning condition. One such point is the plane trees on Mount Ephraim. It may be better to plant smaller girth un-pollarded trees to allow them to develop and be pruned according to the site rather than have this pre determined in the nursery.

5.89 Townscape and Visual Impact Assessment and Volume 4b – Findings are broadly accepted. Only concerned about one area of work, the Ardenhurst Site and one view in particular, View 7. I consider that winter views and an in combination effect from the new development at the Culverden Park Entrance makes this at best neutral and possibly minor adverse. However I agree with the overall conclusion for the whole scheme in that it will not result in unacceptable impacts on the local townscape and visual amenity. (View 7 has subsequently been amenede to take account of redesigned Ardenhurst proposals).

5.90 Ecology and nature conservation, Chapter 13 of Environmental Statement: This appears balanced and fair. The proposed private legal agreement covering water discharge to Great Culverden Park seems appropriate. The proposal to make a financial contribution to Rusthall and Tunbridge Wells Common LWS in recognition of in combination effects with other development appears to be a reasonable approach and appropriate that it be covered by the Section 106 agreement. A scheme of mitigation is proposed that includes a variety of measures, the details of which can covered by condition. These should in the main be pre commencement conditions as they may effect other matters. The green space management, in particular that for the Ecological Protection Zone should be controlled in principle at least by the legal agreement i.e. its retention and management for nature conservation purposes but the detailed management scheme can be dealt with by condition. I would like to see some more information on the green roofs as this raises many design issues.

5.91 I agree that taking account of the mitigation proposed that the development will be of some benefit to all habitats and species identified and therefore accords with policy to conserve and enhance biodiversity. Overall with respect to landscape and ecology I find, based on the ES, that the proposal is acceptable.

Tree officer

5.92 02.11.2012 – The trees on the Ardenhurst Site and the main hospital site are protected by TPO's.

5.93 The proposal has been developed with full consideration of the tree constraints. More trees will be retained than under the former scheme (TW/10/4041), and the design is such that the perimeter trees are likely to be under less pressure than under the previous scheme, although the gardens of plot numbers 37,38,176,177, and 178 particularly are likely to be quite shaded. The TPO should protect the trees against undue pressure however, and the buffer strip may also assist in this by taking the trees out of the garden and putting them under single management.

5.94 On the main site, my areas of concern are the large Cedar adjacent to block G and the trees adjacent H4, H5. I note that no-dig construction will be used in both these areas. I would like to see existing and proposed finished site sections of these two areas. I would also like to see the Tree Protection Plan updated to show the internal measurement of the fencing from the site perimeters or trees so that there can be no doubt on site about its intended position.

5.95 I am quite happy with the proposals for the Ardenhurst site, subject to the comments on tree protection made above.

5.96 Other than this, I am satisfied with the proposals, and so long as the amended Tree Protection Plan forms a part of the approval, or is asked for by condition, I have no tree objections. Recommend Standard Condition RM002.

5.97 22.11.2012 – In response to consultation on amended proposals for Ardenhurst site.

5.98 It appears that the proposal will result in the loss of one additional small Beech tree on the Northern boundary. This is not really important as it is in a tight grouping of trees. Overall, I don't think that the changes to the proposals will have a greater impact on the trees than the original proposal.

5.99 I note that a concern has been raised about the removal of a pair of conifers to the West of the ambulance drive. These trees are very poor specimens and would need to be removed soon in any case because of their proximity to the retaining wall. It might be worth considering trying to get some replacement planting of Italian Cypress here rather than the Hornbeam proposed, because it has a narrow evergreen form, and would break up the side of the building in views onto the site. They would also be a good substitute for the existing conifers.

Planning Environmental Officer

5.100 23/11/12 – I am broadly in agreement with the approach taken and the renewable energy technology appraisal. There is no reason for objection to the principle of using PV on such a development. I recommend that a planning condition is imposed to ensure that final details of PV areas and positions, together with associated detailed figures to support that on-site carbon dioxide emissions can be reduced by at least 10%, are provided.

5.101 The Sustainable Construction Statement sets out a series of other measures proposed to achieve Code for Sustainable Homes and Building Research Establishment Environmental Assessment Method (BREEAM) compliance. These include water and waste. I would also recommend conditions be imposed with regard to submission of final details with regard to energy and water conservation.

Housing Services

5.102 20/11/12 – Negotiations have continued with Berkeley Homes since the submission of the planning application reference 12/02547 and I can confirm that I am supportive of the following affordable housing provision:

 43 affordable or social rent senior living apartments on the Ardenhurst site. I understand that negotiations with Town and Country Housing Group (TCHG) are well advanced on this block and I have received confirmation of this from Berkeley Homes and TCHG. We will work with TCHG to secure family accommodation in the borough potentially released by the provision of these 1 and 2 bed apartments.  10 affordable housing apartments provided on the main site. My preference would be that these are made available as affordable rent properties.  In order to comply with policy requirement the remaining 17 affordable housing units would normally be made available as shared ownership. The site is located in a high value area and in my opinion the resulting values generated would not be ‘affordable’. Therefore an off-site commuted sum in lieu of this provision has been negotiated. I can confirm that an acceptable sum has been agreed for off site provision with Berkeley Homes

5.103 The affordable housing provision including the commuted sum should be secured via the Section 106 Agreement.

CPRE Protect Kent – Tunbridge Wells District Committee

5.104 16/10/12 – (Summary) Proposals are an improvement on previous ones. Primary school should be allocated more land to provide space for outdoor games such as netball and football to be played. Need for space for a coach to pull in and wait for children. Space is also needed for delivery vans for office block.

5.105 Only 22% affordable housing is to be provided on site which is less than the 35% required.

5.106 Provision of a large office block on site is questionable as viability study shows no demand for it, but acceptable if it allows a local employer to stay in the town.

5.107 Provision of senior living apartments is welcomed as there is projected to be a high demand for such premise. Footway on Culverden Park Road needs to be widened to allow easy wheelchair use.

5.108 Water features are attractive but questionable at a time of water shortages.

5.109 Recreational use of the Common requires improved pedestrian crossing on Mount Ephraim. Question whether proposal for busses to stop on main road is practical as it may hold up the traffic in peak times.

5.110 Recommend Section 106 agreement ensures affordable housing will remain as rental in perpetuity. If school cannot be delivered on site then the developer should pay a contribution and provide 35% affordable housing on site.

Royal Tunbridge Wells Civic Society

5.111 26/10/12 – On the whole, proposals are acceptable and glad to see reduction in density and inclusion of primary school with facilities for community use. Welcome water feature but needs to be maintained in perpetuity. Welcome no through route and the use of footpaths.

5.112 On such a large important site would have liked to have seen more distinctive less derivative designs reflecting modern materials and building techniques. With the possible exception of the office building find the proposals disappointing in this respect.

5.113 Note lack of provision for bus lay-bys on Mount Ephraim and off road space for delivering children to school. Development does nothing to relieve this congested main road. Pavement area adjacent to this part of the road would benefit from having glazing over it or possibly an extension of the upper part of the new buildings.

5.114 Proposals for Ardenhurst site are excessive in particular bringing this very large building too close to Culverden Park which still largely comprises detached villas.

Private

5.115 27 letters and emails have been received, many of which express a combination of support for certain aspects of the proposals but objections or concerns about others. In addition a petition containing 14 signatures was received in relation to the proposals on the Ardenhurst site. The substance of the objections and positive comments are summarised below:

Objections / concerns

5.116 Objections in relation to the school:

 Size and location of proposed school should be reconsidered.  Insufficient outdoor space / green areas for playing sport, such as netball and football / has no playing fields.  Ignores the government’s Olympic legacy plan relating to sport and schools.  There is space for expanding the open space at the rear of the shops on Mount Ephraim.  Location of school next to a busy polluted main road is inappropriate.  No space to allow for expansion of the school in the future.

 Access concerns – school is located at a ‘punch point’ in the road. Although it will be used by local children who walk to school, some parents will choose to drive. Will conflict with the adjacent offices and lead to congestion at peak times. Concerns for pupil safety.  Number of drop-off and collection spaces is inadequate and estate roads are too narrow to allow parking.  Adjoining roads such as Royal Chase will be used for school parking  Would be better if school was accessed from Culverden Park  Could the school be accommodated on the Ardenhurst site?  Concern about lack of space for coach parking in association with school.  Suggest there should be a crossing point on Mount Ephraim near the Royal Wells Hotel to allow children to cross to the Common safely.  Concern over accessibility as there are steps up to main entrance. Disabled people would be unable to use the main door. If the hall was to be let out for community use it needs to be fully accessible with toilets and kitchen facilities It appears that if the hall was let out separately it could only be accessed by steps.

5.117 Objections in relation to other matters on main hospital site:

 Concerns that foul sewer running across land at 11 Culverden Park is inadequate and that problems will be worsened if sewerage from the development makes use of this sewer.  Flat Block E is 5 storeys high, is situated high above the park and will impact on visual amenity of Great Culverden Park - should be reduced by one storey. Similarly the six 4 storey detached houses adjacent to Great Culverden Park should be one storey less in height.  The detached house in the south west corner is too close to the badger sett.  Water tanks to feed the ponds in Great Culverden Park are located under the proposed play area – will need to be maintained by Management Company for the site.  Need tall security fencing along boundary with Great Culverden Park.  Support provision of a lay-by on Mount Ephraim but this should serve more than the offices.  Buildings on the site frontage are much closer to Mount Ephraim than the existing hospital building and will adversely affect the street scene; they are higher than the adjoining structures and do not relate well to them. Office block is too tall and appears out of scale. Make this part of Mount Ephraim too bland and tunnel like.  Loss of light to 19 Mount Ephraim (offices on opposite side of Mount Ephraim).  Existing principle hospital building should be preserved and re-used as a landmark building.  Concerns over amount of car movements, especially during peak hours when there is already heavy congestion. Will lead to more rat-running through nearby roads  A bus lay by should be provided on Mount Ephraim for northbound busses and provision should be made for busses to stop on the southbound carriageway.  Busses stopping on Mount Ephraim will add to traffic congestion – should be a lay-by.  Insufficient parking across the site will lead to more parking on nearby roads.  Concern about adequacy of servicing space for offices.  Question need for more offices  Predominance of flats is too urban – proximity of houses and flats will cause overlooking / loss of privacy within the scheme  Too many dwellings, particularly smaller ones.  Should be more detached houses.  Insufficient open space and ecological content especially on Mount Ephraim side.  No affordable ‘houses’ are to be provided on the site.  Needs to be appropriate arrangements to get on and off the 280 bus.

 The two proposed properties adjacent and facing 1 and 1A Royal Chase will have no privacy front and rear – the design of the 3 storey house is designed to minimise loss of privacy but an the price of an undesirable design. 1 and 1A Royal Chase will be overlooked - Houses H5 and H4 should be no more than 2 storeys and located further back from these properties.  Ecological buffer should be extended to rear of 1A Royal Chase  Need for strategy to remove Japanese knotweed.  Construction will cause disruption – site should be redeveloped as soon as possible.  Suggest communal recycling facilities are provided.  A larger play area is needed.

5.118 Objections and comments in relation to Ardenhurst site:

A petition with 14 signatures was received from local addresses, mainly Deacon Court on Culverden Park Road, not opposed to the development in principle but raising the following concerns about the height of the building (5 storeys plus basement):

 To high in comparison with heights of existing buildings. Out of proportion with scale of buildings up slope and down slope.  Would act as a wall, reducing urban integration between residences to north, east and west.  Had anticipated that the building on the site would be no higher than neighbouring building namely Culverdale on Culverden Park Road.  Concern about overshadowing – lowering the building height especially on the western edge would reduce the impact.  The number of storeys should be reduced.

5.119 Individual letters and emails raised the following concerns:

 Overbearing impact and cause overlooking of Culverdale (5 Culverden Park Road) and Bethel Court on Culverden Park. Would contain a high density of dwellings greater in height.  Concern over impact on boundary trees.  Building very large and doesn’t respect building line.  Insufficient parking on site 22 space isn’t enough for 43 flats.  Access should be from Culverden Park Road as existing. Concern that proposed access is directly opposite access to main site.  The disabled space realting to the Headway centre (opposite) could be lost.  Pavement on Culverden Park Road is too narrow and should be widened – width of carriageway of Culverden Park Road could be reduced as a traffic calming measure.  Crossing on the junction is dangerous and a disable crossing should be installed to allow access to the opposite pavement.  Suggest that apartments are designated for wheelchair users regardless of age – there is a shortage of this accommodation. The building has two lifts – important if one breaks.

Positive comments / support

5.120 Support for school

 The area needs more primary schools and will add to the town’s infrastructure.  Building looks very good and modern.  Will be a great asset to the development.  Will provide facilities for community meetings and activities.  May be scope to provide temporary facilities on site while school is being built.  Will be a local school that pupils over the age of 8 will be able to walk to safely on their own or with friends.  Providing there is sufficient parking for staff, welcome the minimal number of drop-off spaces  Suggest condition imposed requiring completion of school before rest of site is finished.

5.121 Support for scheme generally

 Considerable improvement on previous proposals.  Great Culverden Park Ltd agree with redevelopment largely for housing and number of dwellings proposed; replacement development on Culverden Park frontage is similar to existing; support no through route and parking scheme on Culverden Park; welcome vegetative buffer and secure fencing and management proposals; regarding drainage, have entered into a legal agreement designed to safeguard water flows through the Park; also support access to rear of shops on Mount Ephraim, potential for school to provide community facilities  Many respondents welcomed reduction of amount of development compared to previous proposals.  This is the best that can be expected in current conditions.  Support for approach to mitigating impact on badgers  Support approach to retention of trees.  Welcome pedestrian access to south east corner of site, subject to security arrangements.  Welcome provision of elderly housing on the Ardenhurst site – convenient for town centre and traffic will be minimised by such a use.  Welcome prevention of rat-run through site.  Support scale of office building and consider it an improvement on existing appearance of site.  Support green corridor through site.

Response to amended plans for Ardenhurst site and Blocks F and G on Culverden Down:

5.122 One response received from Crossways (5 Culverden Park Road) which adjoins the Ardenhurst site confirming support for the reduced scale of the development and removal of some of the overlooking elements. Remain concerned about balconies at fourth floor level on the side elevation which would overlook the side elevations and garden areas of Culverdale and Bethel Court and be potentially harmful to the mental health of some residents (would prefer windows only). Concern over size of chimney stack and how shown on plans. Query site boundary in relation to trees and request these are protected during construction and extra landscaping carried out.

6.0 APPRAISAL

6.01 The main issues to consider in this case are:

 Principle of proposed mix of uses on the main hospital site  Principle of primary school on mixed use allocation and amount of outdoor space  Principle of senior living accommodation on the Ardenhurst site  Residential density  Mix of dwelling types and sizes  Provision of affordable housing  Layout, scale and design on main hospital site: Impact on townscape, Conservation Area and Listed Buildings  Layout, scale and design on Ardenhurst site, including impact on residential amenity  Effect on the amenities of neighbouring properties on main site  Traffic, highways and parking  Landscape, open space and impact on trees  Ecology and impact on Great Culverden Park  Renewable energy and sustainable construction  Environmental considerations including air quality, noise, contaminated land and drainage  Impacts during the construction stage  Other detailed matters (, )  Section 106 agreement, including the payment of developer contributions

Principle of proposed mix of uses on the main hospital site

6.02 The Local Plan supports the principle of the redevelopment of the Kent and Sussex hospital site following the provision of a new District General Hospital at Pembury, by allocating the site for a mix of commercial/community and residential uses. The main hospital site has two specific allocations:

 Local Plan Policy CR4(c) allocates the front section of the site adjoining Mount Ephraim for a mixed use development of town centre uses including B1 (Office), C1 (Hotel and conference facilities), and/or D1 (Community uses) and D2 (Leisure and entertainment uses). This is the smaller of the two allocations and covers an area of 1.30ha, which is about one third of the site. This allocation extends to a depth of approximately 90m from the Mount Ephraim frontage and wraps behind the adjacent shops and offices.

 Local Plan Policy H7 allocates the rear of the site for residential use. This significantly larger allocation covers an area of 3.02 ha.

6.03 The proposed office and school occupy a smaller area of land (0.38ha) than is allocated for town centre uses (1.30ha) and conversely, the residential element of the scheme occupies a larger area of land than was originally envisaged. As such the proposals represent a ‘departure’ from the development plan and it is necessary to consider whether this is acceptable.

6.04 The application is accompanied by an up to date Commercial Viability Study carried out for the applicants by Savills. This provides an analysis of demand for Class B1 (office), Class C1 (hotel and conference facilities), D1 (community uses) and/or D2 (leisure uses). It concludes that use for hotel, conference and wedding facilities, medical / health, museum / gallery, concert hall, cinema, health and fitness, ten pin bowling or bingo would not be viable at this site; that office development would only be viable if the space were to be pre-let, and that uses as a day nursery or Free School could be potentially viable.

6.05 With the back up of this evidence, it is considered that the departure from the adopted plan is justifiable for the following reasons:

 The Local Plan does not set out any specific justification for the location of the boundary between the two policy allocations. This boundary is therefore somewhat arbitrary.  Whilst Policy CR4(c) seeks a mix of various uses, it is deliberately not prescriptive in terms of which mix is appropriate or the desirable amounts of floorspace for particular uses. This allocation was intended to be as flexible as possible so that future needs and demands could be taken into account as they may arise.  The proposals on the front part of the site reflect the current needs for office and school floorspace and fall within the range of uses listed in Policy CR4(c).  There is no evidence of over-riding needs for other town centre uses listed in the policy, such as C1 (Hotel and conference facilities) and/or D2 (Leisure and entertainment uses), as evidenced by the Commercial Viability Study.  The office component is similar to that which was originally envisaged when the site was allocated as a mixed use site. The Commercial Viability Study refers to a potential over supply of office space in the town and a lack of developer desire to build speculative offices. The proposed office block has the benefit of being pre-let.  There is an identified need for further residential land and development of part of the mixed use allocation for this purpose would contribute towards making the most efficient use of a Brownfield site. Accommodating housing on this site will reduce pressure for releasing housing land elsewhere, including on Greenfield sites.

6.06 I therefore conclude that the proposed balance of office, school and residential uses is appropriate for the part of the site allocated for mixed uses by Local Plan Policy CR4(c) and that the departure from the Local Plan is justified

Principle of primary school on mixed use allocation and amount of outdoor space

6.07 The proposed Free School conforms to the mixed use allocation under Local Plan Policy CR4(c) and is acceptable in planning policy terms. The provision of a Free School on the site is supported by Kent County Council and they are satisfied that the education contributions due from the site would be used to part fund the project.

6.08 The proposal includes approximately 860 sq.m. of outdoor space at ground floor level. In addition the building provides outside access to every classroom in the form of external balconies and roof terraces, which measure approximately 165 sq.m. The building contains a double height hall within the school that can be used for recreation purposes (it is large enough to accommodate a badminton court). These proposals have evolved following discussions with the Wells Free School and the Education Funding Agency (EFA). The EFA’s detailed comments are set out in the preceding section of this report. They state that ‘For clarity, the EFA considers that the amount of outdoor space is sufficient for a school of 168 pupils’. Kent County Council (as Local Education Authority) are also satisfied that this is acceptable.

6.09 A number of objections have been received concerning the small size of the outdoor space associated with the school and the Wells Free School would have preferred more land to have been associated with the school. However, in the absence of any policies or standards that apply to outdoor space associated with Free Schools and as the funding agencies involved are satisfied with the amount of space proposed, there is no planning justification for refusing the application on this basis.

6.10 Delivery of the school for the intended opening date of September 2015 would require the early implementation of any planning permission for the whole site. In the event that planning permission is granted, the applicant intends, subject to other consents, to commence work early in 2013. Whilst the applicant is willing for the scope for additional open space to serve the school to be explored and to consider amendments to the layout, this would only be after the current proposals have been determined. The key to providing additional open space is the availability of funding for this and currently no sources of this have been identified. Berkeley Homes would have no locus to fund any amendments and any changes to the scheme would require a separate planning permission.

6.11 It is therefore concluded that the proposed Free School accords to the Local Plan mixed use allocation under Policy CR4(c) and that there is no planning justification for rejecting the proposals on the grounds of the amount of outdoor space associated with the school.

Principle of senior living accommodation on the Ardenhurst site

6.12 The Ardenhurst site is not allocated for development in the Local Plan. However it is located within the Limits to Built Development in the Local Plan where, under Policy H5, use for residential purposes is acceptable in principle. Furthermore, Policy 1 of the adopted Core Strategy prioritises the allocation and release of previously developed land within the Limits to Built Development. As such, the principle of redevelopment is acceptable.

6.13 The National Planning Policy Framework aims to create sustainable, inclusive and mixed communities and requires local planning authorities to plan for a mix of housing in the community.

6.14 The proposed senior living apartments are designed to meet the specific needs of older people. Demographic evidence shows that there is an aging population within the Borough and the Strategic Housing Market Assessment shows an unmet need for elderly housing.

6.15 Such accommodation typically incorporates nursing services comprising of daily assistance (with meals, bathing, and dressing) and other routine daily needs with additional medical services varying depending on the facility. The 43 one and two bed units proposed form part of the affordable provision as part of the mix of units and tenure on site.

6.16 The Ardenhurst site is well located in relation to services and facilities and is considered to be suitable for the proposed use.

Residential density

6.17 The National Planning Policy Framework advises that local planning authorities should set their own approach to housing density to reflect local circumstances.

6.18 At the local level, the Core Strategy recognises a need to pursue an urban focus for new development within the existing Limits to Built Development (LBD) and Core Policy 6 states that housing developments should ‘contribute towards achieving the overall regional target of 40 dwellings per hectare and will not generally be below 30 dwellings per hectare.'

6.19 I consider the site can and should accommodate a relatively high density of development. It is located in a sustainable, highly accessible area on the edge of the town centre. The main hospital site is intensively developed site and contains large multi storey buildings and the site levels allow for basement parking, which results in an efficient use of land.

6.20 In recognition of these factors Local Plan Policy H7 seeks a minimum of 200 dwellings (approximately 60 dwellings per hectare) on the residential allocation. The proposals would deliver the 200 dwellings sought by the allocation, albeit on a larger area of land than allocated. The net developable residential area is 3.38ha (this excludes the 0.54ha Ecological Protection Zone). A net density of 59 dwellings per hectare is achieved. I am therefore satisfied the objectives of this housing allocation have been met.

6.21 The proposed density on the Ardenhurst site is substantially higher, at 143 dwellings per hectare. Elderly person’s accommodation tends to be at a much higher density than general housing in view of the reduced parking standards and, in this case it is particularly high because nearly all of the parking is beneath the building. By way of comparison, the Crest Nicholson North Telephone Exchange scheme (planning permission ref. TW/04/01014) at the junction of Culverden Park and St John’s Road consisted of 165 dwellings at an overall density of 114 units per hectare, although this included housing as well as apartments.

6.22 Regardless of the density figures, the proposed development is a product of a design led process rather than an attempt to attain an arbitrary figure on either of these parcels of land. The ultimate test as to whether the amount of development is acceptable depends on an assessment of the impact of the proposals on the site features, surrounding townscape and neighbouring properties. These matters will be assessed in future sections of this appraisal.

Mix and dwelling types and sizes

6.23 The National Planning Policy Framework advocates the delivery of a wide choice of high quality homes and the creation of inclusive, mixed communities.

6.24 The Core Strategy and Local Plan seek to encourage a mix of dwelling types on new developments. Whilst both policies are relevant, the Core Strategy Policy is the most up to date and is generally afforded greater weight.

6.25 Core Policy 6 of the Core Strategy seeks ‘a mix of dwelling sizes that continues to meet the need for smaller dwellings, while also allowing for sufficient provision of family housing’. Table 8 of the Core Strategy, sets out a target range of dwelling sizes (expressed in terms of numbers of bedrooms rather than floor areas), which reflect the findings of the Borough Council’s Strategic Housing Market Assessment, 2009. This can be used as a guide although a flexible interpretation is generally applied and providing the proposals include a genuine mix of house types and sizes this policy can be considered to be complied with.

6.26 The proposed dwelling size mix for the main site area, together with Core Policy 6’s requirements, are set out in the table below. This excludes the 43 senior living units on the Ardenhurst site.

Dwelling size No of dwellings % of total Core Policy 6 on main site 1 bed 26 13% 20% 2 bed 67 33.5% 40% 3 bed 44 22% 30% 4 and 5 bed 43 + 20 31.5% 10% (4 bed and above) Total 200

6.27 It is considered that the above mix of dwelling sizes represents a ‘genuine mix’ which will meet the needs for smaller dwellings as well as family housing as required by the Core Strategy.

6.28 With regard to the mix of houses and flats, neither the Core Strategy nor the Local Plan set out specific requirements as this is generally considered to be a matter for the market to judge and can depend on a site’s general location and character of surroundings. The proposals for the main site are for 110 flats and 90 houses, representing a split of 45% to 55% respectively. I consider this mix will deliver a wide choice of homes and help to create a mixed community.

6.29 I consider the provision of a flatted scheme with basement parking on the Ardenhurst site is the most appropriate form of development for this constrained site and this includes a mix of one and two bedroom flats, typical of developments of this nature.

6.30 It is therefore concluded that the proposed the mix of dwelling types and sizes across the two parts of the application site is acceptable and in broad compliance with Core Strategy Policy CP6.

Provision of affordable housing

6.31 The National Planning Policy Framework explains that where a need for affordable housing has been identified, provision should generally be made on site.

6.32 Core Policy 6 of the Core Strategy requires 35% of the total number of dwellings to be provided as affordable housing and states that the size and type of affordable housing should reflect both current and projected local housing need.

6.33 The proposed affordable housing elements of the scheme are:

 43 senior living apartments on the Ardenhurst site for affordable rent  10 intermediate rented flats (4 one beds and 6 two beds) on the main site  A developer contribution towards the off-site provision of 17 units, in order for the Borough Council to provide these affordable units elsewhere in the Borough.

6.34 The proposal is, therefore, for 22% of the affordable units to be on site and for 13% to be provided off site in order to meet the requirement for 35% of the units to be affordable.

6.35 An element of off site provision by way of a developer contribution is proposed because the site is located in a high value area and the resulting rental values or shared ownership arrangements would not be ‘affordable’. For instance, the governments ‘affordable rent’ product allows rents to be up to 80% of the local market rent and on this site, where market rents are likely to be comparatively high, the rental levels charged would be too high for occupiers on lower incomes. Housing Services are satisfied with this approach and with the off site contribution of £1,254,000. They are also supportive of the bulk of the affordable units being in the form of senior living apartments as it is hoped that this will result in the release of larger affordable units elsewhere in the town for family occupation.

6.36 Overall the affordable housing proposals are consistent with the Core Strategy Policy CP6 requirement of 35% affordable housing. I therefore consider the proposed affordable housing provision is acceptable, subject to provision being made in the Section 106 agreement, to secure the delivery of the on-site units and the financial contribution towards off site provision.

Layout, scale and design on main hospital site: Impact on townscape, Conservation Area and Listed Buildings

6.37 The NPPF highlights the importance of good design. It states that ‘Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people’.

6.38 The site frontage to Mount Ephraim lies within the Royal Tunbridge Wells and Rusthall Conservation Area. In determining planning applications the Council has a duty to preserve or enhance the character and appearance of the Conservation Area.

6.39 There is one listed structure on the site – the George Whitfield memorial, which is located on the Mount Ephraim frontage. Also many of the buildings included within the parade of shops on Mount Ephraim that adjoin the site are listed. The Council is also required to preserve their character and setting.

6.40 Core Strategy Policy CP4 refers to the need to conserve and enhance heritage assets including conservation areas and listed buildings and Local Plan Policy EN5 sets out a number of criteria that are to be used to assess development within or affecting conservation areas.

6.41 Local Plan Policy CR4(c) seeks to maintain a strong frontage to Mount Ephraim; trees should be incorporated into the frontage of the site; and public art should be considered as part of the development.

Demolition of existing buildings

6.42 All of the existing buildings are proposed to be demolished. The most notable is the original hospital building fronting Mount Ephraim, which was designed by a local architect and built in 1934. This building lies just outside the Conservation Area. Some comments have been received which suggest that this building should be retained. Whilst this is the most locally significant and interesting of all of the hospital buildings, it has been heavily altered and adapted and is no longer in an intact state, as designed. Conversion would involve significant alterations to the interior fabric and layout, further negating any heritage value the building may have had.

6.43 The retention of the building is not considered to be beneficial to the conservation area, although a condition is included in the recommendation that would require the building to be ‘preserved by record’, meaning that drawings and a photographic survey will be required to be carried out to appropriate level of English Heritage guidance. These records should be deposited with the National Monument Record and made available locally. A condition is also suggested which requires the retention and re-use of elements such as the remnant sandstone walling and the retention, repair and re-siting of the large urn within the development, as requested by the Urban Design Team Leader.

Layout and scale

6.44 The layout of the development has been determined to a large degree by the significant change in levels from east to west. The buildings are generally arranged along the contours and there is a strong central axis running east to west allowing views of the woodland beyond. This main axis is tree lined and includes water features which add to the character and sense of place. The clear split in the site in terms of the proposed levels has allowed separate vehicular access and egress to the top and bottom sections of the site, preventing a through route for vehicles yet allowing pedestrians and cyclists to travel through the site.

6.45 The supporting text of Local Plan policy CR4(c) notes that the site is an important transitional area between the approach to, and arrival into the town centre and that any development should maintain a strong frontage to Mount Ephraim. The office and school have been located on the site frontage in an accessible location, and in a position that causes least disruption to existing and future residents.

6.46 The scale of the development is considered to be appropriate. It respects adjacent buildings and uses and introduces variety of built forms and scale within the scheme. The use of split level buildings allows basement and garage parking to be provided thereby reducing the visual impact of parked cars. Tall buildings are sensitively located and it is relevant to consider these in the context of the scale of the existing hospital buildings.

6.47 The Urban Design Team Leader considers the balance of development and scale of the buildings is perfectly suited to the location. He considers the ‘grain’ and form of the proposed development to be far better than the existing buildings from an urban design point of view.

Character and identity

6.48 This is a relatively large site for Tunbridge Wells town centre and will become a new enclave in the urban fabric, with its own identity. The Urban Design Team Leader considers this will be a welcome addition to the character of the town and will reflect the morphology insofar as it is comprised as a series of almost separate neighbourhoods or quarters. Inspired by areas like The Village/Mount Sion area, the creation of character areas within the development will improve the ‘legibility’ of the development and add to the richness and variety of the townscape. Whilst arguably the architectural treatment is somewhat retrospective and traditionally styled, rather than being of the 21st Century, it does adequately respect the rhythm, materials and detailing in the town and should integrate seamlessly.

6.49 There are a number of detailed aspects of the design of key spaces within the development that need to be developed further and will be addressed through the landscaping and other conditions. These include the Mount Ephriam frontage (lay-by to the office block and setting of the listed monument); the design of the front boundary treatment to the school; the drop off facility for the school and the detailed design of the water features.

Impact of proposed development on Conservation Area

6.50 The setting back of the existing main hospital building from the Mount Ephraim frontage has been identified as detracting from the townscape in the Conservation Area Appraisal, 2000. The redevelopment of the site provides the opportunity to enhance this part of the conservation area.

6.51 The proposed office and school, located either side of the main site entrance, will be in prominent locations.

6.52 The proposed school is set back from the adjacent line of Victorian shops and will allow the side elevation of No 24 Mount Ephraim, which is a Listed Building, to be viewed. The existing mature tree on the site frontage will be retained and will be a feature within the front playground of the school. This three storey building has adopted a relatively traditional approach. The Urban Design Team Leader has expressed some disappointment in the front elevation, considering it to be somewhat bland and would have preferred to see a building closer to the road and making a more positive impact. That said, the elevation facing the entrance road into the site is considered to have sufficient variety and complexity in the form, and in addressing the sloping site, to make the building acceptable in design terms. A high quality treatment to the front boundary is necessary and these details will need to be finalised by way of a planning condition.

6.53 The proposed office block is a significant four storey building. The Urban Design Team Leader concludes its design picks up the rhythm and general form of the Mount Ephraim Villas to the north, but without being pastiche. The overall form and bulk of the building also provides an appropriate “bookend” to the Villas, with Westcombe House forming the north end stop.

6.54 The elevation of the offices that faces the entrance road incorporates a colonnade. There are other examples of colonnades in the town and this will be an important feature and route into the development. Its final design and detailing are therefore important and both the Urban Design Team Leader and the Landscape Officer have raised some reservations about how well the architectural proportions work with the stepping down of the slope. This is considered to be a detailed matter that can be addressed by way of a planning condition, as can the final landscape details of the lay-bys to both the office and school.

6.55 Some objectors to the proposals have suggested that a bus lay-by should be provided within the site. Currently only one bus travels along this route (the 280) and I consider that an on-road stop would be sufficient to serve the needs of users of this facility without causing any significant disruption to traffic or worsening of the existing situation. Accommodating a bus lay by here would require the setting back of buildings and could be detrimental to the conservation area.

Impact of proposed development on adjacent listed buildings

6.56 The Listed George Whitefield Monument will be retained and its setting enhanced as part of the proposals. The adjacent listed buildings within the Victorian parade of shops reveal their less attractive rear elevations to the site. Currently the post graduate medical centre is located at the rear of these buildings. The proposed residential units would not adversely affect the setting of the rear elevations of these listed buildings.

Conclusions

6.57 Whilst there are some detailed issues concerning design to be resolved this is understandable on such a large scheme. They are all capable of resolution by way of planning conditions.

6.58 Overall the proposals are considered to be acceptable from a design and conservation point of view and will be an asset to the town and its spaces.

6.59 Accordingly it is concluded that the requirements of Local Plan Policies EN4, EN5, CR4(c) and H7 as well as Policy CP4 of the Core Strategy.

Layout, scale and design on Ardenhurst site, including impact on residential amenity

6.60 This triangular site has a challenging topography and sits in a prominent position at the junction of Culverden Park and Culverden Park Road. The presence of protected trees and proximity of adjoining Crossways premises occupied by adults with learning difficulties, add to the site’s constraints.

6.61 The proposed 43 unit apartment block has been designed to be occupied as ‘senior living’ accommodation. The building is of a considerable scale, varying from three storeys to 5 storeys with basement accommodation and parking. Its design and mass have been substantially revised since the application was submitted, in response to officers’ and neighbour’s concerns.

6.62 The effect of this redesign has been to rebalance the main mass of the building towards the apex of the site and away from the neighbouring residential buildings to the west. The building has also been re-sited further from the Culverden Park frontage. This redesign has been achieved without any significant impact on protected trees and has addressed the concerns of Kent Highways with regard to parking and servicing. The articulation of the elevations, incorporation of design features including bay windows, dormers, overhanging eaves, string courses, quoins, chimneys and use of materials (brick and render) have been designed to reduce the apparent mass of the building.

6.63 Although this is a large building, I do not consider it would be inappropriate in this location. Most of the surrounding development comprises blocks of flats, including the two blocks of flats on the adjoining Crossways site which are three to four storeys high, and the three storey blocks (Deacon Court and Bell Court) on the opposite side of Culverden Park Road, which sit at a higher level. To the east, towards the town centre the Crest Nicholson development (Edison Court) rises to 4 storeys and the Telephone Exchange (South) building is the equivalent of five/six storeys.

6.64 Concerns had been raised from Crossways to the west and Deacon Court and Bell Court to the north and the redesign has addressed these. Following consultation on the amended plans Crossways have revised their comments. Their main remaining concern relates to the proposed balconies of two fourth floor flats on the west elevation on grounds of overlooking. As these balconies are very small and their main function is as a design feature, and as there would be windows in this location in any event, I do not consider any changes to this part of the design are justified.

6.65 I consider the proposed building make the transition between the town centre scale and that of the more domestic scale properties to the west. It makes the best and most appropriate use of the site in urban design terms and will not adversely affect the residential amenities of adjoining occupiers to any significant degree. Important boundary trees will be retained and additional landscaping will be the subject of a planning condition. The proposals therefore comply with Local Plan Policy EN1.

Effect on the amenities of neighbouring properties adjoining main site.

6.66 The siting, scale and design of proposed buildings have had regard to neighbouring properties. The Environmental Statement assesses the potential daylight, sunlight and overshadowing impacts of the development in detail with regard to surrounding properties and amenity areas.

6.67 With regard to the proposed office building, this adjoins other mainly commercial premises with car parking at the rear to the north along Mount Ephraim. Whilst the proposed office block is located very close to the northern site boundary the building steps up from one and two storeys to four storeys away from this boundary so as to reduce its impact. The large areas of glazing along this boundary would be translucent curtain walling, so as to ensure there would be no overlooking from this elevation. There are commercial premises on the opposite side of Mount Ephraim but these would be far enough away as to not be adversely affected.

6.68 The proposed school is located adjacent to 24 Mount Ephraim, which is a shop at ground floor level with residential above and there is a row of similar properties to the south which back onto the site. The set back of the school building would ensure there would be no adverse effect on No 24. Whilst the school use will generate noise from the use of playgrounds, the ambient noise levels are high in this area due to the proximity of the town centre and noise from the A26.

6.69 The proposed residential development has been carefully designed so as to minimise impacts on neighbouring residential properties by siting the larger blocks of flats away from the neighbouring residential uses, and by siting houses away from the boundaries and orientating their main elevations so as not cause problems of overlooking.

6.70 On the main site the only part of the proposals that has generated objections from neighbouring residents on the grounds of loss of residential amenity is a pair of semi- detached three bedroom houses (plots 28 and 29) that back onto 1A Royal Chase. 1A Royal Chase is a detached house that has a particularly short rear garden (approximately 5m). These houses are two storeys high at the rear and the house on plot 28 has accommodation in the roof which faces forwards (ie not towards 1A Royal Chase). There would be three bedroom windows that would face towards the rear of 1A Royal Chase over a distance of 18m. The applicant has amended the landscape proposals to include additional tree planting on this boundary.

6.71 I am satisfied that there would be sufficient separation distances between the proposed houses and existing properties and that there would be no significant problems of overlooking or overshadowing as required by Local Plan Policy EN1. The retention of boundary trees will ensure that new development is screened and softened and additional tree planting will be provided where necessary as part of the detailed landscape scheme.

Traffic, highways and parking.

Impact on highway network and highway safety

6.72 Policy TP4 of the Local Plan seeks to ensure that there is sufficient capacity within the road network to accommodate the development and that any additional traffic does not adversely affect the safe and free flow of traffic or other road users.

6.73 A Transport Assessment which assesses the traffic impact of the development has been provided with this application. This considered the impact at three junctions near to the site: the main site access; roundabout junction of Grosvenor Road/London Road/Mount Ephraim; and junction of Cuverden Park and St John’s Road.

6.74 The assessment concludes that the proposed development would generate significantly less traffic than the previous use as a District General Hospital. There would be a net reduction of approximately 1,900 vehicle movements over the course of a typical day. The proposals are therefore beneficial in terms of their impact on the local highway network, than if the hospital were still operational.

6.75 During the construction phase adverse impacts would be created by HGV movements although this would be addressed in the Construction Environmental Management Plan required by a planning condition.

6.76 Kent Highway Services have considered the Transport Assessment and do not object to the proposals on grounds of highway impact.

Site layout

6.77 Local Plan Policy H7 requires that within the site, roads should be designed for a maximum speed of 20mph.

6.78 The layout has been designed for slow speeds and, in accordance with best practice, has considered the needs of pedestrians, cyclists, bus users and emergency vehicles above other motor traffic.

6.79 Kent Highway Services have considered the detailed site layout with regard to highway safety and convenience. Whilst there are some outstanding detailed matters to be resolved, they are satisfied that these can be addressed by way of planning conditions.

Meeting the needs of pedestrians, cyclists and bus users

6.80 The site is located close to the town centre and in close proximity to numerous retail, commercial, education and leisure uses, which are easily accessible on foot, cycle or by public transport. The layout allows pedestrians and cyclists to travel through the site between Mount Ephraim and Culverden Park.

6.81 Currently there is a bus lay-by on the Mount Ephraim frontage which has been used by a hospital staff bus, as well as by the No 280 bus. As explained earlier in this report, some objectors have suggested that a bus lay-by should be retained within the site. However, this is not considered to be necessary in view of the limited number of buses that use this. An on-road stop would be sufficient to serve the needs of users of this facility without causing any significant disruption to traffic or worsening of the existing situation and it is considered acceptable for an on-street stop to be provided on Mount Ephraim, as a replacement for the existing stop.

6.82 Local Plan Policies CR4(c) and H7 state that improved pedestrian crossing facilities on Mount Ephraim may be required to improve linkages to the town centre and a contribution may be sought to the provision of cycle routes to the town centre. There is already a pedestrian crossing facility on Mount Ephraim, but the pedestrian route across the junction with Culverden Street, in front of the TN4 public house requires improvements. The applicant has designed a proposal for this and has agreed to undertake the works, subject to the cost not being significantly greater than £25,000 (a cost estimate has been provided but further research is needed to confirm the presence of underground services). This matter would be dealt with by way of a planning condition requiring the applicant to undertake the works.

Vehicle parking, including visitor needs

6.83 The NPPF requires local authorities to take into account the following criteria when setting local parking standards for residential and non-residential development:

 the accessibility of the development;  the type, mix and use of development;  the availability of and opportunities for public transport;  local car ownership levels; and  an overall need to reduce the use of high-emission vehicles.

Office parking:

6.84 As the office block is within the Central Parking Zone (Commercial) operational car parking should be incorporated into the development in accordance with the provisions of Local Plan Policy TP7, which restricts parking for office uses to operational space only (ie parking space is required for cars and other vehicles regularly and necessarily involved at the operation of a business or a particular building, such as spaces for the disabled, rather than general parking for staff and visitors).

6.85 The office would be provided with 60 basement car parking spaces for use of both staff and visitors. In addition 50 spaces are to be provided off-site, within the Meadow Road car park although this is by a separate arrangement that is not controlled through this planning application.

6.86 This amount of on-site provision would be in excess of that which would reasonably be required for operational use and would not therefore comply with Local plan Policy TP7. However, it was provided at the request of the intended user of the office block and, without this, that user would not agree to occupy the building.

6.87 Notwithstanding a potential overprovision on site, on the basis that almost half of the spaces required by the office user are located off site within a town centre car park, I consider that this proposal provides a suitable level of on-site parking to accommodate the anticipated demand, reducing the likelihood of displaced parking on the local highway network;

School parking:

6.88 As the school is within the Central Parking Zone (Commercial), in accordance with Local Plan policy TP7 only operational car parking should be provided on site.

6.89 15 parking spaces are to be provided at basement level and the 4 visitor parking bays adjacent to the school along the main site access have been designed so that they can operate as a continuous lay by that can accommodate 7 spaces, to be managed by the school during drop off and pick up times.

6.90 Whilst Kent Highway Services are satisfied with the basement parking for staff they are concerned about the arrangements for drop off and pick up of school children. They are discussing with the applicant the possibility of extending this lay-by arrangement and have requested that a condition should be imposed requiring final details of these arrangements to be agreed.

6.91 It is anticipated that the Free School would serve a local catchment area with many children walking to the school. It will be necessary for the Free School to manage this issue very carefully to avoid creating highway congestion on adjacent roads, particularly the A26, and to avoid conflict with residents within and adjoining the development. This can be addressed and monitored via a Travel and Parking Management Plan that is required to be submitted by a planning condition.

Residential parking:

6.92 The application site lies entirely within the Tunbridge Wells Central Access Zone (Residential), Local Plan Policy TP6, where a maximum parking standard of one space per dwelling applies.

6.93 The residential element of the site provides 336 spaces, with an additional 20 visitor spaces, which significantly exceeds the maximum 200 spaces required by Local Plan Policy TP6. However, it is considered that the levels of parking provision proposed are acceptable having regard to the advice in the NPPF, set out above, and considering the characteristics of the site and the mix of dwelling types, which include a number of larger houses. The provision made is for one space per one bed unit; one and a half for two beds; and two spaces per three beds and above. The visitor spaces are in addition to this and the applicant considers this is adequate in view of the site’s location within the Central Access Zone.

6.94 In accordance with Local Plan Policy H7 the applicant has agreed to make a contribution towards the provision of a Residents Parking Zone in the Culverden Park area. Residents concerns about parking over-spilling into the surrounding streets would be addressed by this.

6.95 Kent Highway Services are broadly satisfied that the parking for the residential element has employed a mix of town centre and edge of centre levels but they are concerned that a high proportion (20%) of these spaces are garages. Garages have a tendency not to be used for parking but to be used for general domestic storage. Concern has also been raised by local residents as to whether there are sufficient visitor spaces within the site. In response, the applicant has confirmed that, on an edge of town centre site such as this, they would wish to engage a private parking management company to take action against any indiscriminate parking or permanent use of visitor spaces by residents. They have successfully employed these measures on other development sites.

6.96 I consider the NPPF allows for greater flexibility in assessing what is an appropriate level of visitor parking on this site. A balance needs to be struck between the number of parking spaces considered suitable to meet the needs generated by the development and the need to make the efficient use of a highly accessible site. I am satisfied that there will be an appropriate level of parking, having regard to the site’s central location and proximity to public transport facilities.

Cycle parking

6.97 Policy TP9 applies the KCC Cycling Strategy standards for non-residential development. Cycle parking will be required to serve new-build residential development without private curtilage at a standard of one space per dwelling unit.

6.98 Adequate cycle parking for staff of the offices and school are provided at basement level. Cycle parking for the blocks of flats will be provided in accordance with the standards and all garage parking bays would be 5.5 metres by 3.6 metres to allow bicycle storage.

6.99 In addition, the applicant has agreed to provide a number of stainless steel cycle parking stands in front of the office block on the Mount Ephraim frontage, as part of their contribution to public art.

Conclusion

6.100 This is a highly accessible site close to the town centre and the proposed uses will generate considerably less traffic than the previous use as a hospital. The highways and transport requirements of the Local Plan allocation Policies CR4(c) and H7 have been complied with. Certain details of the layout are still to be resolved by way of planning conditions. Kent Highway Services are satisfied with the proposals subject to resolving various matters of detail, the most significant of which is the drop-off and pick-up arrangements for the Free School.

Landscape, open space and impact on trees

Landscape

6.101 Local Plan Policy EN1 seeks the provision of landscaping, tree protection and planting in new residential developments and Policy CR4 requires the urban landscape to be conserved and enhanced. Local Plan Policies CR4(c) and H7 have site-specific landscape requirements.

6.102 Open space has been integrated into the development and the applicant has sought to provide a high quality public realm through the use of high quality clay pavers, street tree planting and water features.

6.103 The Landscape and Biodiversity Officer considers the overall design approach is very positive and responds well to the site context and constraints whilst maximising development opportunity. The general standard of design and detailing is considered to be very high, resulting in a rich and varied streetscape. Final details of the water features and hard and soft landscaping proposals will be required by planning conditions.

Open Space and Recreation

6.104 In accordance with Policy H7, the proposals include provision of an equipped children’s play area on the western area of the site which would be made available for use by the general public. This would be provided and thereafter maintained by the applicant, and secured through the Section 106 agreement.

6.105 The Landscape and Biodiversity Officer considers the proposed play area is well designed, comprising wooden play equipment, and appropriately located next to the retained area of woodland that is included in the ‘Ecological Protection Zone’ which provides an attractive setting. However, he has requested a condition requiring further details of the surface treatment and boundary treatments to this area, which are included in the recommendation.

6.106 In addition an informal area of open space is proposed in the south eastern corner of the site named Ephraim Green. The retention and maintenance of this area would also be secured through the Section 106 agreement.

6.107 In accordance with Local Plan Policy R2 and the Open Space Supplementary Planning Document, off site provision of youth and adult recreation facilities will be provided by way of a developer contribution and secured through the Section 106 agreement.

Impact on trees

6.108 There are a small number of trees within the body of the site and significant tree cover around the site boundaries. All of the trees on the main site and the Ardenhurst site are protected by a TPO.

6.109 Local Plan Policy EN13 seeks to prevent the loss or damage to trees in a Conservation Area or protected by a Tree Preservation Order. Trees are a characteristic element typical of Mount Ephraim and Local Plan Policy CR4(c) requires street trees to be incorporated into the frontage of the site.

6.110 The Council has encouraged the retention of existing trees on the site from the outset. The main and best trees within the site have been retained and have been given the appropriate space around them free of development to protect the root areas. They will be protected during the demolition and construction stages.

6.111 The Council’s tree officer has commented that the gardens of some of the proposed houses may be shaded by existing trees but that the inclusion of boundary trees in the managed Ecological Protection Zone and, therefore, outside the garden boundaries, will help to ensure these are maintained. He has also identified particular trees that need special care and protection during the construction stage and further details of this are required to be provided by way of a planning condition.

6.112 The Tree Officer is satisfied that the impact of the proposals on trees on the Ardenhurst site is acceptable. He has commented that the revised proposal will result in the loss of an additional small beech tree on the northern boundary, but as this is within a tight grouping of trees he would not object to its loss. He also makes a recommendation for replacement planting for a pair of (poor) conifers that would be removed on the northern boundary, which can be addressed through the landscaping condition.

Conclusions

6.113 Overall with respect to landscape, open space provision and impact on trees the proposal is considered to comply with the Core Strategy Policy CP4 and Local Plan Policies CR4(c), H7, EN13 and R2.

Ecology and impact on Great Culverden Park

6.114 Whilst the main site is predominantly hardstandings and buildings, with little ecological value, it lies adjacent to Great Culverden Park, which is designated in the Local Plan as a Site of Local Nature Conservation Value. This is an extensive area of privately owned woodland. Also, the site is close to the Rusthall Common and Tunbridge Wells Common Local Wildlife Site. Core Strategy Policy CP4 and Local Plan Policy EN15 seek to protect such sites.

6.115 As these designations lie outside the site boundary no direct loss of this habitat will occur but the proposals have the potential to affect Great Culverden Park through hydrological effects on ponds within the woodland, the effects of proposed residential use of the site (e.g. fly-tipping, light pollution and trespass for recreational use) and impacts during the construction stage. Owners of the Great Culverden Park are also concerned with the visual impact of the proposed flats and houses that immediately adjoin the woodland. There is also likely to be increased recreational pressure on Rusthall Common and Tunbridge Wells Common Local Wildlife Site and there may be minimal impact on Woodbury Park Cemetery Site of Local Nature Conservation Value.

6.116 With regard to protected species, the Environmental Statement assesses the likely impact on bats, badgers, birds and invertebrates. There is a large and active badger sett in the south western corner of the site and the proposals will result in the loss of an annex sett as well as disturbing some accesses to the main sett.

6.117 The proposals have been designed to mitigate impacts on protected species and locally designated nature conservation sites and to enhance the biodiversity of the site the through the following:

(i) The establishment of an Ecological Protection Zone (EPZ) adjacent to Great Culverden Park along the western and south western site boundaries, which will include an area of woodland within the site adjacent to ‘The Green’ play area. This Zone would be outside private garden boundaries. It would be enhanced by new planting and be the subject of management measures to encourage biodiversity in this area.

(ii) a proposed scheme of ecological mitigation which includes new planting within the development, Green/Brown Roofs on the school and office buildings; bat boxes on new buildings as well as bat tubes, tiles or bricks built within some buildings; bird boxes on new buildings including swift cups or bricks; detailed lighting scheme to protect the EPZ; badger deterrent fencing to garden areas adjacent to the EPZ; leaflet given to new residents on wildlife friendly gardening.

(iii) Publically accessible green spaces will be the subject of a habitat management plan secured by condition or legal agreement.

(iv) In accordance with the requests of Kent WildlifeTrust and the Commons Conservators, the making of a financial management contribution to the Rusthall Common and Tunbridge Wells Common Local Wildlife Site that accords to their published formula.

(v) Badger mitigation proposals, comprising measures that include badger surveys immediately prior to development commencing, the control of construction works through the necessary Licenses required from Natural England, the retention of access to the off site badger sett via the Environmental Protection Zone, and the provision of badger deterrent fencing to adjoining new gardens.

6.118 The Landscape and Biodiversity Officer considers these proposals are balanced and fair and would wish them to be secured by way of planning conditions and / or the Section 106 agreement as appropriate.

6.119 The Trustees of Great Culverden Park have raised concerns about the impact of the proposals on the Park in terms of drainage, security and aesthetics. With regard to drainage, the applicant has agreed to enter into a private legal agreement with the Trustees that will cover matters such as surface water discharge to this area and the final drainage details are to be agreed by way of planning conditions that the Environment Agency and Southern Water will be consulted upon. Fencing and security will also be dealt with by way of a planning condition.

6.120 With regard to aesthetics and the Trustees request that proposed Flat Block E and the proposed detached houses that adjoin the Park should be reduced by one storey, I do not consider there is sufficient justification for this. Flat block E is an L-shaped building and is in part 20m and 25m away from the boundary. The proposed houses are between 30m and 15m from the boundary.

6.121 Currently the Culverden Wing of the hospital is visually dominant in this part of the site and there is good boundary screening by mature trees along the boundary, which would be supplemented by additional trees and other vegetation within the proposed Ecological Protection Zone as part of the landscape proposals.

6.122 In conclusion I am satisfied that the proposals comply with national and local planning policy regarding nature conservation and biodiversity, in particular Core Strategy Policy CP4 and Local Plan Policy EN15. The proposed scheme would satisfactorily mitigate the impact on the adjacent Great Culverden Park SLNCV and the Rusthall and Tunbridge Wells Common Local Wildlife Site as well as on protected species.

Renewable energy and sustainable construction

6.123 In order to meet the Council’s requirement for at least 10% of a development’s energy requirements to be met through on-site renewable energy provision, the applicant has confirmed that there will be photovoltaic (pv) installations on the roofs of the proposed dwellings. A plan showing the suggested locations for the pv panels has been provided. The Council’s Environmental Officer is satisfied with these in principle and considers that all matters of finer design detail on the position and precise type of pv installation can be dealt with by condition.

6.124 Full details of the development’s ‘green energy’ credentials are contained within the Sustainability Statement. In summary, the development will achieve Code for Sustainable Homes Level 3; accord with the principles of Lifetime Homes; facilitate internal and external recycling; incorporate water reduction products; reduce flood risk; and result in the sensitive reuse of previously developed land.

6.125 I am therefore satisfied that, subject to receiving further details via condition aspects of renewable energy and sustainability have been adequately addressed and that the proposals comply with Core Policy CP5 and Local Plan Policy EN1 and the Renewable Energy Supplementary Planning Guidance Note.

Environmental considerations including air quality, noise, contaminated land, drainage and flood risk

Air quality

6.126 Core Strategy Policy CP5 requires all new development to manage and seek to reduce levels of air pollution. The eastern frontage of the site is within the Air Quality Management Area (AQMA). Under paragraph 124 of the National Planning Policy Framework, all development within AQMAs should be consistent with the Borough’s Air Quality Action Plan.

6.127 An Air Quality Assessment has been carried out and concludes that emissions associated with traffic impacts of the development would be negligible. The reduced level of vehicular activity of the proposed use compared to the sites former use as a District General Hospital is generally beneficial to air quality along the A26 corridor. The site is well located in relation to sustainable travel options and the applicant is committed to implementing a Travel Plan, which would is required by a planning condition.

6.128 Environmental Services have appraised the information submitted by the applicant and have raised concerns about the location of the proposed school on the Mount Ephraim frontage, which is within the AQMA.

6.129 The Air Quality Assessment undertaken by the applicant has predicted pollutant concentrations that are below the relevant air quality objectives at the school site. The consultants that have undertaken this work consider their predictions are robust. Notwithstanding this, due to the sensitivity of the school use as a ‘receptor’, the applicant has agreed to undertake air quality monitoring at the site, which will be required by means of a planning condition. This would require real-time continuous monitoring for nitrogen dioxide will be carried out on the front of the school site over a period of 6 months prior to the commencement of the construction of the school and would be likely to commence in January 2013. The applicant’s consultants consider it unlikely that the monitoring data will show levels that exceed the short or long-term objectives for nitrogen dioxide. However, if it does, appropriate mitigation will be recommended for the school, such as mechanical ventilation for internal areas with air intakes located as high as possible and as far away as possible from Mount Ephraim. Also, for external playground areas, dense planting of the front boundary with Mount Ephraim could be considered in conjunction with a physical barrier such as a wall, the design of which would need to take account of the conservation area location.

6.130 In recognition of the site’s location within the AQMA, the applicant has agreed to make a developer contribution towards the implementation of the Borough’s Air Quality Action Plan (2010).

6.131 Subject to the imposition of the planning conditions recommended by the Environmental Services Manager and the developer contribution towards air quality management being secured by the Section 106 agreement I am satisfied that this matter has been adequately addressed.

Noise

6.132 Policy EN1 requires that proposals should not cause significant harm to the amenities or character of the area in terms of noise and vibration. The Environmental Statement includes detailed consideration of the likely noise effects of the proposals, based on a series of environmental noise measurements undertaken at the site and noise predictions.

6.133 The noise assessment does not identify any significant issues and Environmental Services are broadly satisfied with this conclusion although they recommend a number of conditions that have been included in the recommendation. Noise is likely to be an issue during the construction phase and this would be addressed through the condition requiring submission of a Construction Environmental Management Plan, which Environmental Services would be consulted on.

Contaminated land

6.134 The Environmental Statement assesses the likely ground conditions and contamination impacts of the development and this information has been appraised by Environmental Services.

6.135 The investigation is considered to be comprehensive for the portions of the site that are currently accessible. Further investigation will need to be undertaken once the buildings have been removed and any remedial action carried out as necessary. Environmental Services agree to the findings of the risk assessment and recommendations and the standard conditions relating to contamination are included in the recommendation. These conditions will also address the comments of the Environment Agency with regard to the avoidance of groundwater contamination.

Drainage and flood risk

6.136 The Environmental statement assesses the effects on surface water, groundwater and resources and flooding.

6.137 The existing surface water drainage from the site is inadequate. In heavy storms the car parks flood and this affects the ponds in the adjacent Great Culverden Park. The occupier of 11 Culverden Park also reports problems relating to overflow of foul sewerage.

6.138 The proposed surface water drainage system has been designed to resolve these problems whilst ensuring the mature boundary trees and pond in the adjacent SLNCV are not adversely affected.

6.139 Comments on the drainage proposals have been received from Southern Water and the Environment Agency. Whilst raising no objection in principle to the planning application both organisations have made a number of detailed comments and the applicant’s specialist consultants have responded to these. Southern Water have requested a number of conditions are imposed and these have been included in the recommendation.

6.140 The applicant has been in direct contact with the Trustees of Great Culverden Park and the occupier of 11 Culverden Park. The proposed development provides an opportunity for existing problems to be resolved.

6.141 Subject to the imposition of conditions I consider this matter can be satisfactorily addressed.

Impacts during the construction stage

6.142 This is a major development that will involve the demolition of large buildings, significant earthworks and substantial construction works in a busy edge of centre location and within close proximity of residential, commercial and community uses. It is therefore essential that the processes of demolition and construction are carefully managed.

6.143 The Environmental Statement identifies potential harmful environmental impacts during the construction stage and sets out the anticipated Construction Methodology and programme for the development. A Construction Environmental Management Plan will be prepared which will outline commitments to environmental protection, compliance with all relevant planning conditions, details of control measures and activities to minimise environmental impact, monitoring and record keeping, contact details and commitments to periodic review.

6.144 The construction phase is expected to create approximately 119 full time jobs for the duration of the 5-year construction programme with additional knock on effects on local businesses through increased expenditure. An additional 576 residents would have an indirect beneficial effect on local businesses as they would spend on goods and services in the local area. The anticipated 119 construction jobs will also increase expenditure for local shops and services.

6.145 As is the normal approach with applications of this nature, I recommend that these matters are most appropriately resolved through the submission of details by way of planning conditions, including those recommended by consultees regarding the submission of a Demolition Method Statement and a Construction Environmental Management Plan, hours of working and wheel cleaning.

Section 106 agreement, including the payment of developer contributions

6.146 The National Planning Policy Framework states that planning obligations (such as Section 106 agreements) should only be sought where they meet all of the following tests:

 necessary to make the development acceptable in planning terms,  directly related to the development and  fairly and reasonably related in scale and kind to the development.

6.147 The requirement for developments to provide or contribute towards the services for which they create a need is set out in Core Policy 1 of the Core Strategy. Specific policies regarding school and recreation provision are contained in Policies CS4 and R2 of the Local Plan. Policies CR4(c) and H7, which allocate the main site for mixed and residential uses also contain specific requirements, some of which would be delivered through a legal obligation.

6.148 As explained earlier in this report, the applicant is willing to enter into a Section 106 Agreement, which would secure the matters set out below and, as summarised in the Proposals section of this report.

On-site affordable housing

6.149 53 affordable dwellings are proposed on site, comprising 43 senior living apartments on the Ardenhurst site for affordable rent and 10 intermediate rented flats (4 one beds and 6 two beds) on the main site.

Off-site affordable housing

6.150 A developer contribution of £1,254,000 would be made to TWBC as a contribution in lieu of the on-site provision of 17 units, in order for the Borough Council to provide these affordable units elsewhere in the Borough.

School provision

6.151 Local Plan Policy CS4 notes that development contributions will be sought where it would generate a demand for primary school places which could not be met within a two mile radius of the development, or for secondary school places which could not be met within a three mile radius of the development.

6.152 In light of discussions held with officers from the Borough Council and Kent County Council, public consultation and liaison with key stakeholders a primary school, in the form of a Free School, is proposed on the site. This would create 168 primary school places which would absorb the number of primary school places generated by the proposed residential element with the surplus increasing the capacity of local primary educational infrastructure. This is considered to more than cover the education contribution required by the developer than would be generated by the residential scheme.

6.153 The Section 106 agreement would require provision the of primary school on site, which would be funded partly by the Education Funding Agency and partly through the developer contributions required from the applicant by Kent County Council.

6.154 The agreement would specify the process for delivery of the school by September 2015 and would include a fall back position whereby the applicant would be required to provide a financial contribution of £1,479,247 to Kent County Council for primary education in the event that unforeseen circumstances prevent on site provision. This figure is made up of £738,283 based upon the need for 37.18 new primary school places generated by the development plus a proportionate contribution towards land and acquisition costs for a new school site of £740,964.

Kent County Council contributions

6.155 In accordance with Kent County Council’s request the applicant has agreed to make the following contributions with regard to the other KCC services as follows:

 KCC Library facilities developer contribution of £40,933 towards new book stock, resources and increased provision at Tunbridge Wells library.

 Community Learning - A financial contribution of £6,488 towards resources (staffing, equipment etc) to provide additional classes at Tunbridge Wells Adult Learning Centre and local outreach facilities.

 Youth facilities - A financial contribution of £4,012 towards resources (staff, equipment and accommodation rental) to provided additional sessions and facilities.

 Family social care provision - A financial contribution of £12,255 towards resources (staffing, equipment, rental etc) to provide additional activities for the elderly and those with learning and physical difficulties including those suffering with Dementia, plus Assistive Technology equipment (telecare) to enable the aforementioned to remain living in their own accommodation on this proposed development.

Tunbridge Wells Borough Council Youth and Adult Recreation Contributions

6.156 In respect of youth and adult recreation, a contribution of £525,707 towards off site youth and adult recreation facilities to satisfy the requirements of Local Plan Policy R2 and the Recreation Open Space SPD.

Open space and play area

6.157 The Section 106 Agreement would make provision for the implementation and maintenance of the on-site children’s play area and informal public open space within the development.

Ecological Protection Zone

6.158 The provision, retention and management for nature conservation purposes of the Ecological Protection Zone.

Management of the Common

6.159 To offset recreational pressures from residents of the site, a developer contribution of £18,000 to be used for the management of the Rusthall and Tunbridge Wells Common Local Wildlife Site.

Transport Infrastructure

6.160 In accordance with Local Plan Policy H7 a contribution of £10,000 towards the provision of a Residents’ Parking Zone in the Culverden Park Area.

Air quality management

6.161 A contribution of £10,000 towards the implementation of the Air Quality Management Area Action Plan.

Local labour

6.162 The applicant has agreed in principle to the inclusion of clauses relating to the use of local labour during the construction stage and towards the monitoring of this.

7.0 CONCLUSION

7.01 The proposals would regenerate a large redundant hospital site on the edge of Tunbridge Wells town centre. In line with the Local Plan’s broad intentions for this site, the proposals are for town centre related office and community uses on the Mount Ephraim frontage, and residential development to the rear.

7.02 In providing 200 residential units together with a new office block and school, the scheme makes good use of urban land and maximises the development opportunities within the area.

7.03 The arrangement of uses on the site complements the adjoining development and the detailed submission demonstrates that a high quality of design, site layout and landscaping will be achieved, thereby creating attractive new townscape.

7.04 The school and office block occupy a prominent location on the Mount Ephraim frontage. Whilst some final details remain to be resolved, the siting, scale and design of these buildings would meet the important test of conserving and enhancing the Conservation Area.

7.05 It is intended that the office block will be occupied by a local company wishing to consolidate their accommodation, thereby removing uncertainties that may have been attached to any speculative commercial development on this part of the site.

7.06 Many objectors to the previous planning application on this site expressed considerable disappointment that the site did not include any school or community facilities. The inclusion of the Free School within the scheme complies with the Local Plan mixed use allocation on the front part of the site. It is expected to accommodate 168 primary school children in a high quality purpose designed building. Whilst the amount of outdoor space associated with the building is not as extensive as some people would have wished, the project nevertheless has the support of the government’s Education Funding Agency and Kent County Council. It is not unusual for urban schools to have to have to operate within the constraints of confined sites. The school will also face challenges of the management of traffic particularly at school opening and closing times, although it is notable that the school is intended to serve a local catchment area and walking to school will be encouraged, with safe access through the site on foot being possible from Culverden Park.

7.07 The applicants, Berkeley Homes, are primarily residential developers that aspire to create high quality housing schemes. The residential proposals for the site, which create a series of character areas reminiscent of older areas of the town, have been thoughtfully designed. They respond positively to the challenging site levels, the views through and beyond the site, the important trees and the sensitivities of the neighbouring development.

7.08 The varying storey heights of the apartment blocks and houses take advantage of the opportunity presented by this edge of town centre location to achieve a high density of development, whilst respecting the residential amenities of the adjoining buildings.

7.09 The proposed mix of houses and flats (45% houses and 55% flats) strikes an appropriate balance of these dwelling types and the mix of dwelling sizes is acceptable. It is envisaged that the accommodation would be attractive to a range of groups including singles, couples, families and the elderly and will contribute to creating a mixed sustainable community in this part of the town.

7.10 The additional policy areas of public art, renewable energy, air quality and biodiversity have all been adequately addressed and the proposal is considered to comply with relevant planning policies in all respects.

7.11 The proposals have been far better received by local residents and businesses than the previous planning application on the site. Most respondents complemented elements of the scheme whilst raising some detailed concerns. All of these concerns have been carefully considered through the determination of this application and, where possible the proposals have been amended. The redesign of the senior living apartments on the Ardenhurst site is a good example of this. A number of the consultee responses have sought final details of various aspects of the proposals by way of planning conditions but there are no unresolved issues that would justify the refusal of the application.

7.12 A comprehensive package of benefits in line with national and development plan policy are to be secured by way of a Section 106 agreement. These include the provision of affordable housing both on and off site; the provision of the primary school, children’s play area and amenity area on the site; creation of a separately managed ecological buffer around the western and south western site boundaries; financial contributions towards off- site youth and adult recreation, Tunbridge Wells Common, libraries, community learning, youth and social care, air quality management and a residents parking zone in the Culverden Park area; and the use of local labour during the construction stage.

7.13 Finally, I am satisfied that the proposals represent sustainable development and comply with the planning policies in the National Planning Policy Framework and the development plan.

8.0 SUMMARY

The following is a summary of the main reasons for the recommendation:

 There is no objection to the principle of the proposed development as the site is within the Limits to Built Development and is allocated for mixed commercial and community uses and for residential purposes.

 The proposals take account of the policy requirements related to this allocation in respect of density, built form, layout, landscape, access, recreation provision and developer contributions.

 The mix of unit sizes is satisfactory and the development makes adequate provision for affordable housing through a combination of on-site provision and a contribution towards off site provision.

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

 The development would conserve and enhance the Conservation Area and not adversely affect the setting of Listed Buildings.

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

 The traffic movements generated by the development can be accommodated without detriment to highway safety.

 Suitable measures have been proposed to meet the needs of pedestrians, cyclists and bus users.

 Renewable energy measures have been satisfactorily incorporated within the proposals.

 The proposals would not have an adverse effect on trees and would enhance biodiversity.

 Other environmental impacts have been assessed and there are not any which are potentially significant and which cannot be controlled by conditions.

 Other matters raised by interested parties have been assessed and there are not any which would justify the refusal of the application.

RECOMMENDATION – DELEGATE TO THE HEAD OF PLANNING SERVICES THE AUTHORITY TO:

(I) GRANT PERMISSION SUBJECT TO THE CONDITIONS SET OUT BELOW AND THE COMPLETION OF A LEGAL AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 AS AMENDED BY THE PLANNING AND COMPENSATION ACT 1991, IN A FORM TO BE AGREED BY THE LEGAL SERVICES MANAGER BY 11 DECEMBER 2012 TO SECURE THE FOLLOWING:

(i) Provision of on-site affordable housing (ii) Provision of primary school on site (backed up by an alternative developer contribution of £1,479,247 to KCC for primary education in the event that unforeseen circumstances prevent on site provision) (iii) Provision and management of a children’s play area and informal open space (iv) Provision and management for nature conservation purposes of an Ecolgical protection Zone on the western and south western site boundaries.of a children’s play area and informal open space (v) Developer contributions towards:

 Off-site affordable housing  Library facilities  Community Learning  Youth facilities  Family Social Care  off site youth and adult recreation facilities  management of Rusthall and Tunbruidge wells Common Local Wildlife Site  Residents Parking Zone in the Culverden Park area  Air quality management (developer contribution of £10,000)

(i) Use of local labour

CONDITIONS:

Standard time limit

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

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

Approved plans

(2) The development hereby permitted shall be carried out in accordance with the following approved plans:

Current Drg No. Drawing Title. Drawing Revision A-1000 Site Location / Redline Plan on OS Base 1:1250 A

A-1005 Site Plan 1:500 R

A-1015 Site Elevations / Sections: Sheet 1 of 5 1:200 D A-1016 Site Elevations / Sections: Sheet 2 of 5 1:200 D A-1016.1 Site Elevations / Sections: Sheet 3 of 5 1:200 A A-1017 Site Elevations / Sections: Sheet 4 of 5 1:200 E A-1017.1 Site Elevations / Sections: Sheet 5 of 5 1:200 C

A-3000 Block H - Ardenhurst Senior Living - Site layout 1:200 G Block H - Ardenhurst Senior Living - lower ground floor A-3001 1:100 M plan Block H - Ardenhurst Senior Living - upper ground floor A-3002 1:100 N plan A-3003 Block H - Ardenhurst Senior Living - first floor plan 1:100 M A-3004 Block H - Ardenhurst Senior Living - second floor plan 1:100 N A-3005 Block H - Ardenhurst Senior Living - third floor plan 1:100 N A-3006 Block H - Ardenhurst Senior Living- fourth floor plan 1:100 N A-3007 Block H - Ardenhurst Senior Living - sections 1:200 G Block H - Ardenhurst Senior Living - coloured A-3008 1:100 G elevations Sheet 1 Block H - Ardenhurst Senior Living - coloured A-3009 1:100 G elevations Sheet 2

A-3020 Blocks A & B - ground & first floor plans 1:100 D A-3021 Blocks A & B - second & third floor plans 1:100 D A-3023 Blocks A & B – coloured elevations A & B 1:100 C Blocks A & B - coloured elevations B & A-3024 1:100 C Elevations/Sections C

A-3030 Blocks C & D - basement floor plans 1:100 F A-3031 Blocks C & D - decking level floor plans 1:100 E A-3032 Blocks C & D - first floor plan 1:100 G A-3033 Blocks C & D - second floor plan 1:100 G A-3034 Blocks C & D - third floor plan 1:100 E

Current Drg No. Drawing Title. Drawing Revision A-3036 Blocks C & D - sections 1:100 C A-3037 Blocks C & D - coloured elevations A & B 1:100 E A-3038 Blocks C & D - coloured elevations C & D 1:100 D A-3039 Blocks C & D - coloured elevations E & F 1:100 D

A-3040 Block E - basement, first & second floor plan 1:100 D A-3041 Block E - third & fourth floor plan 1:100 B A-3042 Block E - coloured elevations A & C 1:100 B A-3043 Block E - coloured elevations B & D 1:100 C

A-3045 Block F - floor plans 1:100 G A-3046 Block F - coloured elevations 1:100 H

A-3050 Block G - floor plans 1:100 D A-3051 Block G - coloured elevations 1:100 F

A-3055 Block J - floor plans 1:100 E A-3056 Block J - floor plans 1:100 D A-3057 Block J - elevations sheet 1 1:100 D A-3058 Block J - elevations sheet 2 1:100 D

A-3060 Block K - Ground, first & second floor Plan 1:100 F A-3061 Block K - Third & fourth floor plans 1:100 E A-3063 Block K - elevations 1:100 F

A-3070 Block H1 - floor plans 1:100 D A-3071 Block H1 - coloured elevations 1:100 C

A-3075 Block H2 - floor plans & Coloured Elevations 1:100 D

A-3080 Block H3 - floor plans & coloured elevations 1:100 C

A-3085 Block H4 - floor plans & coloured elevations 1:100 C

A-3090 Block H5 - floor plans & coloured elevations 1:100 C

A-3093 Block H6 - floor plans 1:100 D A-3094 Block H6 - coloured elevations 1:100 B

A-3098 Block H7 - floor plans 1:100 D A-3099 Block H7 - coloured elevations 1:100 C

A-3103 Block H8 - floor plans 1:100 D A-3104 Block H8 - coloured elevations 1:100 C

A-3108 Block H9 - floor plans 1:100 C A-3109 Block H9 - coloured elevations 1:100 C

A-3113 Block H10 - floor plans 1:100 D A-3114 Block H10 - coloured elevations 1:100 B

A-3118 Block H11 - floor plans & coloured elevations 1:100 C

A-3120 Block H12 - floor plans & coloured elevations 1:100 C Current Drg No. Drawing Title. Drawing Revision

A-3122 Block H13 - floor plans 1:100 D A-3123 Block H13 - coloured elevations 1:100 C

A-3127 Block H14 - floor plans 1:100 D A-3128 Block H14 - coloured elevations 1:100 B

A-3132 Block H15 - floor plans 1:100 D A-3133 Block H15 - floor plans 1:100 C A-3134 Block H15 - Coloured elevations 1:100 C

A-3137 Block H16 - floor plans & coloured elevations 1:100 C

A-3142 Block H17 - floor plans - Sheet 1 1:100 C A-3143 Block H17 - floor plans - Sheet 2 1:100 B A-3144 Block H17 - coloured elevations 1:100 B

A-3150 Housetype 5BH-6 - Floor plans & coloured Elevations 1:100 B A-3155 Housetype 5BH-12 - Floor plans & coloured Elevations 1:100 B

Garages and bin store - Floor plans & Coloured A-3200 1:100 B Elevations

1307- 1:200 C 001C Axial Landscape Vignette 1307- 1:200 D 003D LEAP Play Area 1307- 1:200 H 004H Landscape Masterplan 1307- 1:250 C 005C Front Entrance Landscaping

Reason: For the avoidance of doubt and in accordance with the requirements of the Town and Country Planning (General Permitted Development Procedure) (Amendment No.3) (England) Order 2009.

Demolition Method Statement

(3) Prior to the demolition of any buildings, with the exception of 5 and 9 Culverden Park, a Demolition Method Statement shall be submitted to and approved by the Local Planning Authority. The Scheme shall include a programme for undertaking the works; details of routing of heavy goods vehicles; on-site parking for site operatives’ vehicles; traffic management; measures to manage the production of waste and to maximise the re-use of materials; storage of spoil; screening of the site; measures to control noise, vibration, dust, odour, exhaust and ground contamination; measures to protect water resources; and measures to protect ecology. The demolition works shall be carried out in accordance with the approved Demolition Method Statement unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities of the area, air quality, water resources and ecology during the demolition phase in accordance with Policy EN1 of the Local Plan.

Demolition – hours

(4) No demolition or construction work shall take place before 0800hrs or after 1800hrs Mondays - Fridays inclusive; before 0800hrs or after 1300hrs on Saturdays or at any time on Sundays or Bank Holidays.

Reason: To enable the Local Planning Authority to regulate and control the development of the land; preserve the residential and visual amenities of the locality and to secure a satisfactory standard of development and in accordance with Policy EN1 of the Local Plan.

Mud on road

(5) As an initial operation on site prior to the commencement of demolition or construction works, adequate precautions shall be undertaken during the progress of the works to guard against the deposit of mud and similar substances on the public highway in accordance with proposals to be submitted to, and agreed in writing by the Local Planning Authority. Such proposals shall including washing facilities, by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free from mud and similar substances. Such facilities as agreed shall be available and used before exiting the site and enter the adopted highway.

Reason: To ensure that no mud or other material is taken from the site onto the neighbouring highway by wheels of vehicles leaving the site to the detriment of highway safety and the amenities of local residents in accordance with Policies EN1 and TP4 of the Local Plan.

Phasing

(6) Prior to the commencement of the construction works a plan shall be submitted to the Local Planning Authority to show how the development shall be divided into phases and a phasing programme for the entire site shall be submitted to the Local Planning Authority for approval in writing. The development shall be carried out in accordance with the approved phasing programme unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the proper planning of the development in accordance with Policy EN1 of the Local Plan.

Construction Environmental Management Plan

(7) Prior to the commencement of the construction works, including earthmoving, for any phase of the development a Construction Environmental Management Plan relating to that phase shall be submitted to and approved in writing by the Local Planning Authority. The construction of the development shall then be carried out in accordance with the approved Construction Environmental Management Plan and BS5228 Noise Vibration and Control on Construction and Open Sites and the Control of dust from construction sites (BRE DTi Feb 2003) unless previously agreed in writing by the Local Planning Authority.

The Scheme shall include details of:

a) an indicative programme for carrying out the works b) details of the number and frequency of construction vehicle movements, c) construction vehicle routes to and from and within the site with distance details,

d) a Construction Workers’ Travel Plan, and e) a detailed Traffic Management Plan to control traffic during the construction phases. f) details of on-site parking and site operatives’, contractors and construction vehicles, g) buildings, enclosures and staff facilities, h) measures to minimise and control noise, vibration, dust, odour, exhaust, smoke and fumes during construction, to include the careful selection of plant and machinery and use of noise mitigation barrier(s); and to include a contingency for using an acoustic consultant to undertake measurements and assessments of noise if requested to do so by the local authority, in the events of noise complaints being received; i) construction delivery hours; j) design and provision of site hoardings; k) measures to minimise the potential for pollution of groundwater and surface water; l) measures to protect water resources, including hydrology of Great Culverden Park; m) measures to protect ecology, including within Great Culverden Park Site of Local Nature Conservation Value and within the Ecological Protection Zone; n) measures to protect trees; o) the arrangements for public consultation and liaison during the construction works.

The construction of the development shall be carried out in accordance with the approved Construction Environmental Management Plan relating to that phase of development unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities of the area, air quality, water resources and ecology during the construction phase in accordance with Policy EN1 of the Local Plan.

Contamination - site characterisation

(8) An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

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

(ii) an assessment of the potential risks to:

 human health  property (existing or proposed) including buildings, crops,  livestock, pets, woodland and service lines and pipes.  adjoining land,  groundwaters and surface waters,  ecological systems,  archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EN1 of the Local Plan.

Contamination - submission of remediation scheme

(9) A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EN1 of the Local Plan..

Contamination - implementation of approved remediation scheme

(10) The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of any development (other than development required to enable the remediation process to be implemented) unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EN1 of the Local Plan.

Contamination -reporting of unexpected contamination

(11) In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 8, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 9, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 10.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EN1 of the Local Plan.

Contamination - long term monitoring and maintenance

(12) A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of time to be agreed in the Remediation Scheme, and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local planning Authority.

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Policy EN1 of the Local Plan.

Tree protection

(13) Prior to the demolition of any buildings, with the exception of 5 and 9 Culverden Park, the following details shall be submitted for the approval of the Local Planning Authority:

(i) A schedule of all proposed tree works; (ii) A Tree Protection Plan showing the internal measurement of the fencing from the site perimeters and trees (iii) An Arboricultural Method Statement, detailing all suitable methods required to ensure the effective protection of trees to be retained, including but not limited to proposed methods for:

 Changes in level  The location of site facilities  The location of all drains and other services.

(iv) The contact details of the arboriculturist to be appointed by the developer or his agents to oversee tree protection on the site, including the frequency of visits, and the reporting of findings.

The approved development shall be carried out in such a manner as to avoid damage to the existing trees, including their root systems, and other planting to be retained by observing the following:

(a) All trees to be preserved shall be marked on site and protected during any operation on site by temporary fencing in accordance with BS 5837:2005, and in accordance with the approved Tree Protection Plan and Arboricultural Method Statement, to the satisfaction of the Local Planning Authority. Such tree protection measures shall remain throughout the period of construction

(b) No fires shall be lit within the spread of branches or upwind of the trees and other vegetation;

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

(d) No roots over 50mm diameter shall be cut, and no buildings, roads or other engineering operations shall be constructed or carried out within the spread of the branches or Root Protection Areas of the trees and other vegetation;

(e) Ground levels within the spread of the branches or Root Protection Areas (whichever the greater) of the trees and other vegetation shall not be raised or lowered in relation to the existing ground level, except as may be otherwise agreed in writing by the Local Planning Authority.

(f) No trenches for underground services shall be commenced within the Root Protection Areas of trees which are identified as being retained in the approved plans, or within 5m of hedgerows shown to be retained without the prior written consent of the Local Planning Authority. Such trenching as might be approved shall be carried out to National Joint Utilities Group recommendations.

Reason: Pursuant to Section 197 of the Town and Country Planning Act 1990 and to protect and enhance the appearance and character of the site and locality in accordance with Policies EN1 and EN13 of the Local Plan.

Protected Ecological Zone

(14) Prior to the demolition of any buildings, with the exception of 5 and 9 Culverden Park, the following details relating to the Protected Ecology Zone identified on the approved site layout drawing shall be submitted to the Local Planning Authority for approval:

(i) existing and proposed levels within and adjacent to the Zone; (ii) location and design of the proposed fencing, which shall include badger deterrent fencing to the gardens of dwellings adjacent to the Zone; (iii) proposed soft landscaping within the Zone; (iv) a programme for the implementation of the details set out in (i) to (iii); and (v) a habitat management plan for the Zone, which shall include monitoring.

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

Reason: To protect the Great Culverden Park Site of Local Nature Conservation Value which adjoins the site in accordance with Core Strategy Policy CP4 and Local Plan Policy EN13.

Biodiversity enhancement

(15) No construction works shall take place on any phase of the development hereby approved until a scheme for the enhancement of biodiversity relating to that phase has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall take account any protected species, including badgers that have been identified on the site, and in addition shall have regard to the enhancement of biodiversity generally. It shall be include a programme of implementation and monitoring. The scheme shall be implemented in accordance with the approved details and programme, and shall be permanently maintained.

Reason: To protect and enhance existing species and habitat on the site in the future in accordance with Policies EN1 and EN15 of the Local Plan.

Design of children’s play area

(16) No development shall take place until full details of the children’s play area 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 details such as proposed finished levels or contours, means of enclosure, surfacing materials, play equipment and / or structures, seating, litter bins, signs and lighting.

Reason: In order to protect and enhance the amenity of the area and to provide recreation facilities to serve residents of the site and the general public, in accordance with Policies EN1 of R2 of the Local Plan.

SUDS Drainage

(17) Development shall not begin until a sustainable surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 100yr critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event, and so not increase the risk of flooding both on- or off-site. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

 Details that prior to being discharged into any watercourses, surface water sewer or soakaway system, all surface water drainage from parking areas, roads and hardstandings are be passed through trapped gullies to BS 5911:1982, with an overall capacity compatible with the site being drained;  Details that all surface water from roofs is being piped direct to an approved surface water system using sealed down pipes. Note, open gullies should not be used; and  Details of future maintenance and be fully implemented and subsequently maintained by an approved organisation in accordance with the approved scheme.

Reason: To prevent flooding both on site and elsewhere, by ensuring the satisfactory storage and disposal of surface water from the site, and to improve and protect water quality, improve habitat and amenity, and ensure future maintenance.

Drainage – Southern Water recommended condition

(18) Construction of the development shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to and approved in writing by the Local Planning Authority and the development shall be implemented in accordance with the approved details.

Reason: To avoid pollution of the surrounding area in accordance with Policies EN1 and EN16 of the Local Plan.

Drainage – EA recommended condition

(19) No infiltration of surface water drainage into the ground at this site is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Reason: To protect vulnerable groundwater resources and ensure compliance with the National Planning Policy Framework.

Piling – EA recommended condition

(20) Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

Reason: Using penetrative methods can result in risks to groundwater quality from, for example, pollution / turbidity, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways. Thus it should be demonstrated that any proposed piling will not result in contamination of groundwater.

Hard and soft landscaping details

(21) Prior to the commencement of construction works on any phase of the development hereby approved, details of hard and soft landscaping and a programme for carrying out the works in relation to that phase shall be submitted to the Local Planning Authority for approval. The submitted scheme shall include details of hard landscape works, including hard surfacing materials; and details of soft landscape works, including planting plans, written specifications (including cultivation and other operations associated with the plant and grass establishment) and schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. For the avoidance of doubt this shall exclude landscaping within the Ecological Protection Zone, which is addressed by a separate condition.

Reason: In order to protect and enhance the amenity of the area in accordance with Policy EN1 of the Local Plan.

Landscaping implementation

(22) The landscaping scheme approved for each part of the development hereby approved, shall be carried out fully within 12 months of the completion of the development on that phase. Any trees or other plants which, within a period of five years from the completion of the development on that phase, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless the Local Planning Authority give prior written consent to any variation.

Reason: In order to protect and enhance the amenity of the area in accordance with Policy EN1 of the Local Plan.

Boundary treatments

(23) No construction works shall take place on each phase of the development hereby approved, until details of boundary treatments (including walls, fences and railings) in relation to that phase have been submitted to and approved in writing by the Local Planning Authority. These details shall include a plan indicating the positions, design, materials, height and type of boundary treatment to be erected. The boundary treatments shall be completed before the buildings they relate to are first occupied or in accordance with a timetable previously agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall be permanently maintained.

Reason: To ensure a satisfactory appearance for the development in the interests of visual amenity, a reasonable degree of privacy for occupiers of the proposed dwellings and to safeguard the privacy and amenities of the occupiers of the existing neighbouring dwellings area in accordance with Policy EN1 of the Local Plan.

Salvage and re-use of artefacts

(24) Prior to the demolition of any buildings, with the exception of 5 and 9 Culverden Park, a schedule of features of the site and buildings that are considered to be desirable to retain and re-use (for example remnant sandstone walling, urn and elements from the Culverden block) shall be submitted to the Local Planning Authority together with proposals for their storage and re-use. The development shall be carried out in accordance with the approved details.

Reason: To ensure that historic building features are re-used where possible, in accordance with Core Strategy Policy CP4.

Water features

(25) Prior to the commencement of the construction works hereby approved, details of the proposed water features, including a timescale for their provision and arrangements for their maintenance shall be submitted to, and approved in writing by, the Local Planning Authority. The water features shall be provided in accordance with the approved details and in accordance with the agreed timescale and thereafter retained and maintained in accordance with the approved details.

Reason: To safeguard the characteristics of the locality in accordance with Policies EN1 and EN5 of the Local Plan.

Public Art

(26) Prior to the commencement of the construction works hereby approved, details of the inclusion of public art within the development, including a timescale for their provision and arrangements for their maintenance shall be submitted to, and approved in writing by, the Local Planning Authority. The public art shall be provided in accordance with the approved details and in accordance with the agreed timescale and thereafter retained and maintained in accordance with the approved details.

Reason: To safeguard the characteristics of the locality in accordance with Policies EN1 and EN5 of the Local Plan.

Finished ground floor levels

(27) Prior to the commencement of construction works on each phase of the development hereby approved, details of the finished ground floor levels, shown in relation to the existing and proposed site levels, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory appearance on completion of the development in accordance with Policy EN1 of the Local Plan.

External materials

(28) Prior to the commencement of construction works on each phase of the development hereby approved, details of all materials to be used in the external construction, shall be submitted to, and approved in writing by the Local Planning Authority. In respect of the office and school, these details shall include provision of brick sample panels measuring at least 1m x 1m to confirm pointing colour and joint, and the approved panels shall remain on site until the work on these buildings has been completed. The development shall be carried out in accordance with the approved materials details.

Reason: To safeguard the characteristics of the locality in accordance with Policies EN1 and EN5 of the Local Plan.

Design details office block

(29) Prior to the commencement of the construction of the office block hereby approved, details of rainwater goods, window head and reveals, bay window detailing, parapet detail, balcony and entrance canopy details, columns to the arcade and the first floor beam/string course and the green/brown roof shall be submitted to, and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with the approved details.

Reason: To safeguard the characteristics of the locality in accordance with Policies EN1 and EN5 of the Local Plan.

Design details school

(30) Prior to the commencement of the construction of the school hereby approved, details of details of rainwater goods, window head and reveals, parapet detail, balconies and balustrades, bay windows, string courses, entrance canopy details and the green/brown roof shall be submitted to, and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with the approved details.

Reason: To safeguard the characteristics of the locality in accordance with Policies EN1 and EN5 of the Local Plan.

Renewable energy

(31) Prior to the commencement of construction works on each phase of the development hereby approved, written and illustrative details for renewable energy technologies to be used on that phase shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations in accordance with Core Policy 5 of the Tunbridge Wells Borough Core Strategy 2010.

Water conservation

(32) Prior to the commencement of construction works on each phase of the development hereby approved, details of water conservation measures within that phase of the development, shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: In the interests of water conservation in accordance with Policy EN1 of the Local Plan and Core Policy 5 of the Tunbridge Wells Borough Core Strategy 2010.

Energy conservation

(33) Prior to the commencement of construction works on each phase of the development hereby approved, written and illustrative details for energy conservation within that phase of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

Reason: To ensure a satisfactory standard of development, which meets the needs of current and future generations in accordance with Policy EN1 of the Local Plan.

Provision of bus stop on Mount Ephraim

(34) Prior to the demolition of any buildings, with the exception of 5 and 9 Culverden Park, details of the provision of a northbound bus stop on Mount Ephraim together with the reinstatement of the footway and the provision of signage and road lining in the vicinity of the site entrance, together with a programme for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be undertaken in accordance with the approved details and programme.

Reason: In order to maintain facilities for bus users in accordance with Policies EN1 and TP3 of the Local Plan.

Final highway layout details

(35) Notwithstanding details hereby submitted, details of pedestrian and vehicular visibility splays at the access points to the highway and internal site roads, the turning heads and ramps to undercroft parking shall be submitted to the Local planning Authority for approval.

Reason: In the interests of highway safety in accordance with Policies EN1, TP3 and TP4 of the Local Plan.

Highway layout - residential

(36) Before the first occupation of any dwelling the following works between that dwelling and the adopted highway shall be completed as follows:

(i) Footways and/or footpaths shall be completed, with the exception of the wearing course;

(ii) Carriageways completed, with the exception of the wearing course, including the provision of a turning facility beyond the dwelling together with related:

1) Highway drainage, including any off-site works, 2) Junction visibility splays, 3) Street lighting, street nameplates and highway structures if any.

Reason: In the interests of highway safety in accordance with Policies EN1, TP3 and TP4 of the Local Plan.

Through route for pedestrians and cyclists

(37) Prior to the commencement of construction works details of the timing of the provision of the through route for pedestrians and cyclists between Mount Ephraim and Culverden Park shall be submitted to the Local Planning Authority for approval. The through route shall be provided in accordance with the agreed timetable and shall thereafter remain available for use by members of the public at all times.

Reason: In order to provide a sustainable pattern of development in the area and to comply with the provisions of Policies EN1, TP3 and TP4 of the Local Plan.

Provision of parking spaces and turning areas

(38) The area shown on the approved site layout plan as vehicle parking space, garages and turning shall be provided, surfaced and drained in accordance with details submitted to and approved in writing by the Local Planning Authority before the buildings they serve are occupied, and shall be retained for the use of the occupiers of, and visitors to, the development, and no permanent development, whether or not permitted by the Town and Country Planning (General Permitted Development) Order 1995 of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 (or any Order revoking and re-enacting that Order), shall be carried out on that area of land so shown or in such a position as to preclude vehicular access to this reserved parking space.

Reason: Development without provision of adequate accommodation for the parking and turning of vehicles is likely to lead to parking inconvenient to other road users in accordance with Policies EN1 and TP6 and TP7 of the Local Plan.

Travel and Parking Management Plan

(39) No building on any phase of the development shall be occupied until a detailed Travel and Parking Management Plan has been submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority. The agreed measures shall subsequently be implemented and thereafter maintained within three months of the first occupation of the buildings on that phase.

The Travel and Parking Management Plan should include some or all of the following matters and demonstrate how these relate to the individual residential, office and school elements of the approved development as well as to the combined operation of these elements:

a) Setting objectives and targets. b) Measures to promote and facilitate public transport use, walking and cycling. c) Measures to reduce car usage. d) Measures to enforce on-site parking restrictions. e) Management of vehicular activity associated with the school and office block. f) Monitoring and review mechanisms. g) Provision of travel information. h) Marketing. i) A timetable for implementation. j) Contact details.

Reason: In order to realise a sustainable pattern of development in the area and to comply with the provisions of Policies EN1, TP3 and TP4 of the Local Plan.

Arrangements for dropping off and picking school children

(40) Prior to the commencement of construction works details of the proposed arrangements for the dropping off and picking up of children at the school start and finish times shall be submitted to the Local Planning Authority for approval. The approved arrangements shall be implemented in accordance with the approved details and shall be reviewed as part of the ongoing Travel and Parking Management Plan.

Reason: In order to provide a sustainable pattern of development in the area and to comply with the provisions of Policies EN1, TP3 and TP4 of the Local Plan.

Pedestrian and vehicular access to the school

(41) Prior to the first occupation of the school, the pedestrian and vehicular access to this building shall be provided and shall thereafter be maintained at all times.

Reason: In order to provide access to the premises to comply with the provisions of Policies EN1, TP3 and TP4 of the Local Plan.

Cycle parking

(42) The cycle parking proposals hereby approved shall be implemented to each building prior to its occupation, in accordance with the submitted details and thereafter retained.

Reason: To ensure the provision and retention of adequate parking facilities for bicycles in accordance with Policy TP9 of the Local Plan.

Internal sound levels – residential and school

(43) Prior to the commencement of construction works on each phase of the development hereby approved, a scheme to demonstrate that the internal noise levels within the residential units and school will conform to the "good" design range identified by BS 8233 1999, Sound Insulation and Noise Reduction for Buildings - Code of Practice, shall be submitted to and approved in writing by the Local Planning Authority. The work specified in the approved scheme shall then be carried out on each phase of the development in accordance with the approved details prior to occupation of the premises and be retained thereafter.

Reason: In order to protect the occupiers of the dwellings and school from undue disturbance by noise in accordance with Policy EN1 of the Local Plan.

Plant and ducting systems

(44) Prior to the first use of the office and school premises, details of any plant (including ventilation, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed Noise Rating Curve NR35 as defined by BS8233: 1999 Sound Insulation and Noise Reduction for Building Code of Practice and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006. The equipment shall be maintained in a condition so that it does not exceed NR35 as described above, whenever it’s operating. After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority

Reason: To protect the residential amenity of the locality in accordance with Policy EN1 of the Local Plan.

Noise and vibration of plant

(45) Prior to the operation of the office and school premises premises, a scheme for the control of noise and vibration of any plant (including ventilation, refrigeration, air conditioning and air handling units) to be used in pursuance of this permission shall be submitted to and approved in writing by the Local Planning Authority. This shall then be so installed prior to the first use of the premises. The equipment shall be maintained and operated in compliance to the approved scheme whenever it is operation. After installation of the approved plant, no new plant or ducting system shall be used without the prior written consent of the Local Planning Authority.

Reason: To prevent the transmission of noise and vibration into any neighbouring properties to protect amenity in accordance with Policy EN1 of the Local Plan.

External lighting

(46) Prior to the commencement of construction works on each phase of the development hereby approved, details of external lighting shall be submitted to, and approved in writing by the Local Planning Authority. These shall include a layout plan with beam characteristics and a schedule of light equipment proposed. The approved scheme shall be installed, maintained and operated in accordance with the approved details unless the Local Planning Authority gives its written consent to any variation.

Reason: To protect the appearance of the area/the environment and wildlife/local residents from light pollution in accordance with Policies EN1, EN15 and EN8 of the Local Plan.

Refuse storage

(47) Prior to the commencement of construction works on each phase of the development hereby approved, final details of the storage and screening of refuse shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out to each phase in accordance with the approved details and the refuse facilities shall thereafter be retained.

Reason: To facilitate the collection of refuse, preserve visual amenity and to reduce the occurrence of pests in accordance with Policy EN1of the Local Plan.

Senior living age restriction

(48) The senior living apartments shall only be occupied by persons of 55 years or over unless co-habiting with a partner of 55 years or over.

Reason: The highways impact and assessment of developer contributions has been influenced by the inclusion of a significant element of older persons housing and it is therefore important that these units are provided and retained for this use in accordance with Policies EN1, TP4 and R2 of the Local Plan.

Air quality

(49) With the exception of foundation works, the construction of the school building shall not commence until a period of six months of real-time continuous air quality monitoring for nitrogen dioxide has taken place, in accordance with a methodology agreed beforehand with the Local Planning Authority, and on completion a resulting assessment report shall be sent to and agreed in writing by the Local Planning Authority. In the event that the monitoring indicates that NO2 levels exceed 40 μg/m3 expressed as an annual mean (annualised by comparison with other sites) or 200 μg/m3 99.8th percentile 1-hour mean, the report must include appropriate mitigation measures. The development must be carried out in accordance with agreed mitigation measures (if required) which must be retained thereafter.

Reason: In order to protect the users of the school from undue exposure to air pollution in accordance with Policy EN1 of the Local Plan.

Electric Vehicle Charging Points

(50) Prior to the commencement of construction works on each phase of the development hereby approved, details of the provision of electric vehicle-charging points, including a timescale for their provision, shall be submitted to, and approved in writing by, the Local Planning Authority. The charging points shall be provided in accordance with the approved details and in accordance with an agreed timescale and retained thereafter.

Reason: To ensure a satisfactory standard of development which meets the needs of current and future generations in accordance with Policy EN1 of the Local Plan and Core Policy 5 of the Tunbridge Wells Borough Core Strategy 2010.

Construction vehicles

(51) Construction vehicles used during the construction phase shall be Euro III standard or higher. Non-road mobile machinery (NRMM) should use low sulphur diesel to comply with current EU NRMM emissions standard, be fitted with diesel particulate filters and be subject to on-site performance checks.

Reason: In the interests of sustainability in accordance with Policy EN1 of the Local Plan and Core Policy 5 of the Tunbridge Wells Borough Core Strategy 2010.

Off site highway works

(52) Prior to the commencement of construction works on any phase of the development hereby approved, the applicant shall have entered into an Agreement under Section 278 of the Highway Act with the Local Highway Authority for the carrying out of improvements to the pedestrian crossing facilities at the junction of Culverden Street and Mount Ephraim, broadly in accordance with the details indicated on plan ref 2012/1480/101 or in accordance with such other details as the Highway Authority may approve.

Reason: In order to improve pedestrian facilities between the site and Tunbridge Wells town centre in accordance with Policies CR4(c) and H7 of the Local Plan.

Building recording

(53) Prior to the commencement of demolition of the main hospital building constructed in the 1930s a programme of building recording for this building shall be undertaken, in accordance with a written specification and timetable which has been previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that historic building features are properly examined and recorded in accordance with Core Strategy Policy CP4.

Protection of listed building

(54) Details of adequate protection of the George Whitfield listed monuments shall be submitted prior to commencement of demolition. Protection shall remain in place through the duration of the works or until the associated landscape is carried out.

Reason: In the interests of protecting a listed monument in accordance with Core Strategy Policy CP4.

Obscure glazing

(55) The [details to be inserted] window opening on the [details to be inserted] elevation shall be fitted with obscured glass (privacy level/grade 3 or higher) and shall be non-opening up to a minimum height of 1.7 m above internal floor level. This specification shall be complied with before the development is occupied and thereafter be retained unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties in accordance with Policy EN1 of the Local Plan.

No further windows

(56) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, or any subsequent Order revoking or re-enacting that Order, no windows other than those shown on the approved drawings shall be inserted in the side elevations of the (to be inserted) buildings hereby approved.

Reason: To safeguard against overlooking and loss of privacy in the interests of amenity of occupiers of neighbouring properties in accordance with Policy EN1 of the Local Plan.

Informatives:

(1) Care should be taken during and after construction to ensure that all fuels, oils and any other potentially contaminating materials should be stored (for example in bunded areas secured from public access) so as to prevent accidental/unauthorised discharge to ground. The areas for storage should not drain to any surface water system.

(2) Contaminated soil that is excavated, recovered or disposed of, is controlled waste. Therefore, its handling, transport, treatment and disposal is subject to waste management legislation, which includes:

i) Duty of Care Regulations 1991. ii) Hazardous Waste (England and Wales) Regulations 2005. iii) Environmental Permitting Regulations 2008.

Developers should ensure that all contaminated materials are adequately characterised both chemically and physically, and that the permitting status of any proposed off site operations is clear. If in doubt, we should be contacted for advice at an early stage to avoid any delays.

(3) A formal agreement with Southern Water is required for connection to the public sewerage system in order to service this development.

4) Your attention is drawn to the Council's Environmental Code of Development Practice for Construction Sites, the terms of which should be met in carrying out the development.

5) A Section 106 legal agreement relates to this site.

(II) IF THE APPLICANT FAILS TO ENTER INTO SUCH AGREEMENT BY 11 DECEMBER 2012 THE HEAD OF PLANNING SERVICES SHALL BE AUTHORISED TO REFUSE PERMISSION FOR THE FOLLOWING REASONS (UNLESS A LATER DATE BE AGREED BY THE HEAD OF PLANNING SERVICES):

(1) The proposal would not provide affordable housing and would therefore conflict with Core Policy CP6 and Policy H3 of the Tunbridge Wells Borough Local Plan 2006.

(2) The proposal would not provide developer contributions towards primary education, library facilities, community learning, youth facilities and family social care, as requested by Kent County Council, and would therefore conflict with Core Policy CP1 and Policy CS4 of the Tunbridge Wells Borough Local Plan 2006.

(3) The proposal would not provide developer contributions towards youth and adult recreation facilities and would therefore conflict with Core Policy CP1 and Policy R2 of the Tunbridge Wells Borough Local Plan 2006.

(4) The proposal would not provide an Ecological Protection Zone required to mitigate the impact of the proposed development on the adjoining Site of Local Nature Conservation Value and would conflict with Core Policy CP4 and Policy EN14 of the Tunbridge Wells Borough Local Plan 2006.

(5) The proposal would not provide developer contributions required to mitigate the impact on Rusthall and Tunbridge Wells Common Local Wildlife Site and would therefore conflict with Core Policy CP4 and Policy EN14 of the Tunbridge Wells Borough Local Plan 2006.

(6) The proposal would not provide developer contributions towards a Residents Parking Zone in the Culverden Park area and would therefore conflict with Policy H7 of the Tunbridge Wells Borough Local Plan 2006.

(7) The proposal would not provide a contribution towards air quality management and would therefore conflict with Core Policy CP5.

(8) The proposal would not make provision for the use of local labour.

Reference: LAM/SM

NB For full details of all papers submitted for this application please refer to the relevant Public Access pages on the website.

The conditions set out in the report may be subject to such reasonable change as is necessary to ensure accuracy and enforceability.