Planning Reports

PLANNING APPLICATIONS FOR 11th OCTOBER 2001 Page No. 1 MC2001/0598 Town Conversion from offices to 11 two bedroomed; 4 one bedroomed; and 1 three bedroomed flats together with construction of mansard roof Kent Reliance Building Society, Reliance House, Manor Road, Chatham, Kent, ME4 6AF 1 2 MC2001/0879 All Saints Outline application for precast concrete production facility and associated storage yard area Part of former B.P. Oil Terminal, Grain Road, Isle-of-Grain, Rochester, Kent. 5

3 MC2001/1088 St Margarets & Borstal Change of use of ground floor from museum and shop to cafe (Class A3) 4 High Street, Rochester, Kent, ME1 1PT 10

4 MC2001/1124 Town Construction of a four storey building to form licensed premises with food facilities (Class A3) Land off Military Road, adjacent Mountbatten House and The Pentagon Centre, Military Road, Chatham, Kent 13

5 MC2001/1280 Cuxton & Halling Construction of single storey front, side and rear extension 55 Poplicans Road, Cuxton, Rochester, Kent, ME2 1EJ 17

6 MC2001/1323 Troy Town Change of use of first floor from retail (Class A1) to ancillary use in connection with ground floor internet cafe use (Class A3) 172a High Street, Rochester, Kent, ME1 1EX 20

7 MC2001/1372 Frindsbury Extra & Chattenden Application Under Regulation 3 of the Town and Country General Planning Regulations 1992 for construction of extension to provide Hall, kitchen, toilets, store, lobby, corridor and hall for use by the community Wainscott CP School, Wainscott Road, Wainscott, Rochester, Kent 23

8 MC2001/1380 All Saints Outline application for the construction of one detached house with attached garage Land at Tudor Farm, Stoke Road, Lower Stoke, Rochester, Kent 31

BACKGROUND PAPERS

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

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

1. MC2001/0598

Date Received: 10th April 2001

Location: Kent Reliance Building Society, Reliance House, Manor Road, Chatham, Kent, ME4 6AF

Proposal: Conversion from offices to 11 two bedroomed; 4 one bedroomed; and 1 three bedroomed flats together with construction of mansard roof

Applicant: Quintonglen Ltd Hadlow House 9 High Street Green Street Green Orpington Kent BR6 6BG

Agent: Mr L Walker Prime Building Consultants Ltd Prime House 1a Queen Anne Road Maidstone Kent ME14 4HU

Ward: Town

Recommendation

A. The applicant entering into an agreement under Section 106 of the Town and Country Planning Act 1990 to secure a payment of £49,700 towards the provision of educational facilities; and

B. The following conditions:-

(as amended by plans on 14th September 2001)

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

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

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

DC0902MW 1 4 Before the development hereby permitted commences a scheme for protecting the proposed dwellings from noise emanating from the neighbouring Theatre Royal shall be submitted to and approved in writing by the Local Planning Authority and all works which form part of the approved scheme shall be completed before any part of the development is occupied and thereafter maintained for the duration of the development.

Site Description

This application relates to Reliance House, a 1930’s building situated on the south-eastern side of Manor Road, comprising two storeys with a basement parking area accessed at the rear. To the rear is a three-storey flat roof extension, added in the 1960’s, constructed in facing bricks. This property was formerly a building society office (Class A2), together with the Company’s headquarters. However, the public counter has no shut and the building is only used for administrative purposes. [The Kent Reliance Building Society is in the process of relocating to Sun Pier.]

Manor Road comprises a variety of building types and uses with older houses still in residential occupation and/or converted to others uses including offices and a clinic, together with purpose built offices. Planning permission has recently been granted for 12 flats at 7 Manor Road, under reference MC2000/0852. The immediately adjoining building at numbers 1/3 is used as an office. There is also the Masonic Hall and a veterinary surgery in Manor Road, and immediately to the north of the application property is the Theatre Royal, a Grade II Listed Building. There is residents’ only parking on the south-eastern side of Manor Road and ‘No Waiting’ restrictions are in enforce between 8.00 a.m. and 6.00 p.m. on the even numbered side.

Proposal

The application, as amended, is for the conversion of the property into 11 two-bedroom flats, 4 one bedroom flats and 1 three bedroom flat. The submitted layout show 5 flats on the ground floor, 6 flats on the first floor and 5 flats in a new mansard roof, which would provide the building with a second floor. Parking for 12 cars is shown in the basement car park.

Relevant Planning History

NK1/62/142 : Erect office extension at rear and first and second floor office accommodation. Approved 24th July 1962

NK1/71/243 : Additional office Approved 15th September 1971

NK1/72/459 : Install new lift, fire escape, additional toilets and alterations. Approved 23rd October 1972.

ME/84/26 : Extensions at ground and first floor levels of existing office building. Approved 22nd March 1984

ME/90/0476 : Construction of second floor within mansard roof. Withdrawn

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Representations

The application has been advertised on site and in the press and neighbour notification letters have been sent to the owners/occupiers of: 1, 3, 4 and The Vaults, Manor Road; and the Theatre Royal, 102 High Street, Chatham.

A letter has been received from the Theatre Royal Trust Ltd. raising no objection to the principle of the conversion. However a concern is raised about the nine bedroom and four lounge windows overlooking the theatre’s yard, which when the theatre is operational will generate noise and activity, with vehicle headlights shining, particularly between the hours of 11.00 p.m. and 2.00 a.m.

Development Plan Policies

Kent Structure Plan 1996

Policy S9 (Infrastructure and Community Services) Policy ENV15 (Built Environment) Policy H3 (Housing Development in Urban Areas) Policy T17 (Parking)

Medway Towns Local Plan (1992)

Policy H7 (Windfall Housing Sites) Policy T13 (Car Parking) Policy B16 (New Development) Policy B18 (Residential Conversions)

Medway Local Plan (Deposit Version) 1999

Policy S6 (Planning Obligations) Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE3 (Noise Protection) Policy H5 (Housing in Urban Areas) Policy H6 (High Density Housing) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

The application site lies within Chatham Town Centre, but is outside the retail area identified on the Proposals Maps for either the adopted Local Plan or the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). The issues for consideration in the determination of this application are:-

- whether the conversion of the property is acceptable in principle; - the effect of the conversion and alterations on the appearance of the building; - the effect of the proposal on the amenities of prospective occupiers and adjoining neighbours; and - the adequacy of the parking provision.

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Policy H7 of the adopted Local Plan and Policy H5 of the emerging Local Plan generally support the conversion of buildings in the urban area into residential accommodation and the proposal is therefore viewed as being in accordance with these policies. Additionally Policy H6 of the emerging Local Plan provides support for high-density development in or close to town centres or public transport routes and nodes. The density of the development would equate to 294 units per hectare (119 u.p.a.) and is viewed as being acceptable having regard to this policy context.

The effect of the proposal on the appearance of the building falls to be assessed under Policies B16 and B18 of the adopted Local Plan and Policy BNE1 of the emerging Local Plan. Although the building is not listed, any alterations should have regard to the classical theme, which is strongly represented in the Manor Road elevation. The proposal continues this classical theme and has been amended to ensure that the mansard roof does not appear top heavy to ensure that it respects the scale of the building when viewed from Manor Road, particularly from the steep slope to the north.

The effect of the proposal on the amenities of its future occupants and those of nearby and adjacent residents, falls to be assess under Policy B18 of the adopted Local Plan and Policy BNE2 of the emerging Local Plan. In this regard, it should be noted that there are no immediately adjoining residential properties, the nearest dwelling being numbers 6 and 8 Manor Road. The proposal would not, therefore adversely affect the amenities of any nearby residential properties. So far as the amenities of the occupiers of the proposed flats are concerned and the issues raised by the Theatre Royal Trust, the applicants’ agents advised that sound insulation would be applied to each flat with triple glazing. As the rear access to the theatre is at basement level, there should be no problem of headlights shining into the flats.

With regard to vehicle parking, the adopted vehicle parking standards as maxima require the provision of an average of 1.5 spaces per dwelling for new development. The submitted drawings show a total of 12 spaces representing a shortfall of 4 spaces for the occupiers of the flats when a standard of one space per dwelling is applied, with no visitors’ parking. The applicants’ agent advises that the scheme is to be run by a Housing Association who will control the number of cars on site by allocating spaces to each flat. It is intended that the two and three bedroom units would have one space each whilst there would be no parking for the one bedroom flats. (No on-site parking was proposed for the recently approved flats at 7 Manor Road). It should also be noted that the site lies within the town centre, close to public transport facilities and that there is a large public car park to the rear. The proposal is, therefore, regarded as being acceptable and in accordance with the provisions of Policy T17 of the Structure Plan, Policy T13 of the adopted Local Plan and Policy T12 of the emerging Local Plan. Accordingly no highway objection is raised to the proposal.

Applying the standard pupil product ratios to this scheme (excluding the one bedroom units) a need for 6 primary and 2 secondary school places has been identified, amounting to a contribution of £49,700 (£6,000 per primary place and £6,850 per secondary place). Having regard to the provisions of Policy S9 of the Structure Plan and Policy S6 of the emerging Local Plan, it is considered that a developer contribution for the provision of educational facilities should be sought by way of a Section 106 Obligation. The applicants have confirmed that they are agreeable to making this contribution.

The application is viewed as being acceptable and is recommended for approval.

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2. MC2001/0879

Date Received: 12th April 2001

Location: Part of former B.P. Oil Terminal, Grain Road, Isle-of-Grain, Rochester, Kent.

Proposal: Outline application for precast concrete production facility and associated storage yard area

Applicant: C V Buchan Limited Drake House Gadbrook Park Northwich Cheshire CW9 7RA

Agent:

Ward: All Saints

Recommendation - Approval with Conditions

(as clarified by letter dated 17th July 2001)

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

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

3 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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

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

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6 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include hard surfacing materials. Soft landscape works shall include planting plans, written specifications (including cultivation and other operations associated with grass and plant establishment, aftercare and maintenance); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; and implementation programme.

7 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

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

9 All finished products manufactured at the site for use off the Hoo Peninsula shall be transported by rail unless any variation is first approved in writing by the Local Planning Authority.

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

11 The development hereby permitted shall not be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented strictly in accordance with the approved details.

12 The production facility hereby permitted shall cease production no more than three years after production commences, unless any variation is first agreed in writing by the Local Planning Authority. The site shall then be restored in accordance with a scheme of details to be submitted to and approved in writing by the Local Planning Authority. The Local Planning Authroity shall be written notice of the dates when production commences and ceases.

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Site Description

The application site forms part of the disused British Petroleum oil terminal at Grain. The landscape is characterised by an open expansive area with some evidence of past industrial activity although the main structures associated with the disused refinery have been demolished. The nearest industrial development is the liquified natural gas facility on the adjacent site. Some rail infrastructure exists within the site including sidings and points.

Proposal

It is proposed to construct a pre-cast concrete products factory and associated storage yard and new rail sidings. The application has been submitted in outline, however the applicant has also submitted plans indicating the type of building envisaged and the arrangement of the new sidings and storage area. The building would be 100 metres by 96 metres and 14.5 metres in height. The building would be clad in profiled metal sheeting. There would be 4 external cement silos at the western end of the building and these would be13 metres in height.

The proposed rail siding and storage yard would be 330 metres by 90 metres and would include 4 gantry cranes which would be used to transfer concrete products onto rolling stock for onward transportation. This area would also include a car parking area. It is proposed that the factory would operate on a 24 hour basis seven days a week with 142 full time production personnel. The applicant has submitted that the factory will be operational for approximately 3 years and will supply the section 2 works for the Channel Tunnel Rail Link (Thames crossing and London area).

The proposed factory will be supplied predominantly with raw materials form the adjoining Foster Yeoman aggregates importation facility with some raw materials (cement and gypsum) being brought to the site by road. The total number of heavy goods vehicle movements generated by the development on a daily basis is estimated to be 90 movements (45 loads), with the majority of these being related to the transportation of aggregates from Foster Yeoman’s site. It is envisaged that the majority of the finished products will be transported by rail to the CTRL works site.

Representations

The application has been advertised on site and a neighbour notification letter has been sent to Lattice Property Holdings Ltd.

The St James Isle of Grain Parish Council has written commenting that as the proposal will generate more vehicle movements on the A228. Consequently the developer should be required to make a financial contribution commensurate with the proposed additional movements for improvements to that road. The Parish Council also questions how long this temporary development will be required for.

The Environment Agency has written raising no objection subject to the approval of surface and foul water disposal details being conditional of any planning consent.

DC0902MW 7 The Health and Safety Executive has written to advise that there are “no major hazard” grounds for raising objection to this application.

Development Plan Policies

Kent Structure Plan 1996:

Policy S1 (Sustainable Development) Policy S5 (Thames Gateway) Policy ENV15 (Built Environment) Policy T17 (Parking Standards)

Medway Towns Local Plan 1992:

Policy B16 (New Development) Policy B20 (New Commercial Development) Policy T13 (Parking Standards) Policy E14 (B2 General Industrial Development)

Medway Local Plan (Deposit Version) 1999:

Policy S13 (Isle of Grain Development Area) Policy ED5 (B2 General Industrial Development in Proposed Employment Area) Policy T12 (Parking Standards)

Planning Appraisal

The application site forms part of the proposed Isle of Grain employment area allocated in both the adopted Local Plan and the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). The site also falls within the Thames Gateway redevelopment strategy area defined by regional planning policy guidance (RPG9a). The submitted application therefore falls to be considered against the provisions of Policies S1, S5, and ENV15 of the Structure Plan, Policies E14, B16 and B20 of the adopted Local Plan and Policies S13 and ED5 of the emerging Local Plan. The proposed use is a B2 general industrial activity that will be compatible with both the existing and anticipated uses within this industrial area. The proposal will also make significant use of the existing rail infrastructure on the site. The proposed development is therefore viewed as being in accordance with the cited Development Plan policies. The site is also remote from inhabited areas, the nearest being the Grain village some 2.4Km to north east therefore the proposal would not have any significant adverse affects on residential amenities of the village.

With regard to traffic generation, it is considered that the number of movements that would be generated would in relative terms not be significant. The vast majority of heavy goods vehicular movements will be confined to the B2001 and will be associated with the movement of raw materials between the application site and the near by aggregate wharf. Movements on the A228 will largely be confined to cement deliveries. Given the current heavy goods vehicular numbers accessing the Thamesport complex and the aggregate wharf, via the A228, it is considered that the additional traffic generated by this development would not be so significant as to warrant refusing the application on highways grounds. In this regard it should be further noted that this production activity will be of a temporary nature. It is recommended that any forthcoming planning permission should be of a temporary nature.

DC0902MW 8 Given these circumstances no objection is raised on highway grounds, nor in this instance is it considered that a financial contribution for off-site highway works from the applicant can be justified.

The application is recommended for temporary approval.

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3. MC2001/1088

Date Received: 13th June 2001

Location: 4 High Street, Rochester, Kent, ME1 1PT

Proposal: Change of use of ground floor from museum and shop to cafe (Class A3)

Applicant: Mr & Mrs C A Scammell 153 Bredhurst Road Wigmore Gillingham Kent ME8 0QU

Agent:

Ward: St Margarets & Borstal

Recommendation - Approval with Conditions

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

2 There shall be no sales of hot food directly to the general public for consumption off the premises.

3 The use hereby pemitted shall only operate between the hours of 0830 to 2000 Mondays to Sundays inclusive.

4 The development shall not be brought into use until arrangements for the conduction and extraction of fumes have been made in accordance with details submitted to and approved in writing by the Local Planning Authority and such arrangements shall thereafter be maintained for the duration of the use.

Site Description

This application concerns an unlisted building in a prominent location at the north western extremity of the High Street within the City Centre Conservation Area. The application property is one of a group of buildings dating from the 19th century close to the junction between the High Street, Corporation Street and Esplanade. The site has a rear access via Gundolph Square. The ground floor of this property is currently vacant having previously been occupied as a retail shop that operated in conjunction with a first floor museum permitted under planning permission ME/94/0501. Prior to that use this property was occupied as a café.

Proposal

The submitted application proposes to change the use of the premises to a Class A3 food and drink use that would trade as a café and baguette bar. The premises would serve breakfasts, lunches, snacks, baguettes/sandwiches and afternoon teas. No off site hot food sales are proposed. It is submitted that the proposed opening hours would be between 0830

DC0902MW 10 to 2000 hours seven days a week during festivals. Outside these periods normal trading hours would end at 1800 hours during the summer and 1500 hours during the winter time.

The applicant does not propose to install any external fume extraction ducting or any significant internal alterations. Fume extraction would consist of a commercial charcoal filtration system to be sited where the kitchen is currently situated with venting via an existing window aperture.

Representations

The application has been advertised on site by means of a site notice and neighbour notification letters have been sent to the Crown Public House, Gundolph Cottage and 6 High Street, Rochester.

No letters of representation have been received.

Relevant Planning History

ME/94/0501 Change of use from café, shop and hostel to museum with shop and office with installation of replacement shop fronts and enclosure of light well. Approved 8th August 1994.

MC2001/0613 Change of use of museum to two self contained first and second floor flats Approved 28th May 2001.

Development Plan Policies

Medway Towns Local Plan 1992:

Policy B4 (Conservation Areas) Policy B16 (New development) Policy T13 (Parking) Policy R8 (Loss of Retail in Primary Shopping Areas) Policy R10 (Food and Drink) Policy R11 (Rochester City Centre)

Medway Local Plan (Deposit Version) 1999:

Policy BNE2 (Amenity Protection) Policy BNE13 (Conservation Areas) Policy T12 (Vehicle Parking Standards) Policy R7 (A1, A2 and A3 Uses and Changes of Use) Policy R16 (A2 and A3 Uses and Changes of Use)

Planning Appraisal

The application property is situated within the core retail area identified in both the adopted Local Plan and the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). In this context the adopted Local Plan contains a presumption against the loss of A1 retail shop uses under Policy R8. However, Policy R16 of the emerging Local Plan provides support for

DC0902MW 11 Class A3 Uses subject to considerations of similar uses nearby and any cumulative effect they may have on the character, amenity and retail function of the locality. Policy R10 of the adopted Local Plan also requires similar considerations to be taken into consideration. In this case a number of Class A3 uses exist nearby including two public houses and a restaurant at 8 High Street. Policy R11 of the adopted Local Plan and Policy R7 of the emerging Local Plan specifically refer to Rochester City Centre and offer further promotion for the uses falling within Classes A1, A2 and A3 to support the vitality and viability of the centre as a whole. Cafes and tea rooms are not well represented at the northern area of the High Street. Accordingly it is considered that the loss of a Class A1 retail unit in this part of the High Street would not compromise the retail vitality and viability of the immediate area. In this respect it should be noted that up until fairly recently this property had been occupied as a café for many years. It is further considered that the reintroduction of a café at this address will not detract from the amenities of the occupiers of neighbouring properties. The proposal is therefore viewed as being compatible with the cited Development Plan policies.

It is considered that the proposed used will be compatible with the character of the Conservation Area and the application is viewed as being in accordance with the provisions of Policy B4 of the adopted Local Plan and Policy BNE13 of the emerging Local Plan, which seek to ensure that the character of such areas are safeguarded.

Under the provisions of the adopted Vehicle Parking Standards (as maxima) cafes/restaurants require the provision of up to one space per member of staff and one space per 6m² of floor area. To satisfy this standard the proposal would require up to 10 spaces. The application property has no off street parking available to it. However, having regard to the City centre location of the property and the availability of public transport and parking facilities in the near vicinity, no objection is raised to the application under the provisions of Policy T13 of the adopted Local Plan and Policy T12 of the emerging Local Plan.

The application is accordingly recommended for approval.

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4. MC2001/1124

Date Received: 15th June 2001

Location: Land off Military Road, adjacent Mountbatten House and The Pentagon Centre, Military Road, Chatham, Kent

Proposal: Construction of a four storey building to form licensed premises with food facilities (Class A3)

Applicant: Pentagon Developments (Chatham) Ltd 234 Bath Road Slough

Agent: Masonwood Architectural Consultants Ltd 51 London Road Alderley Edge Cheshire

Ward: Town

Recommendation - Approval with Conditions

(as amended by plans received on 12th July 2001)

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

3 No deliveries to the premises shall take place from Military Road without the prior written agreement of the Local Planning Authority.

4 Prior to the commencement of the development hereby approved details of the proposed enclosure treatment of the open ground floor terrace/seating area at the southern end of the building with measures for screening it from the adjacent footpath shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the approved scheme of details.

5 The development shall not be brought into use until arrangements for the conduction and extraction of fumes have been made in accordance with details submitted to and approved in writing by the Local Planning Authority and such arrangements shall thereafter be maintained for the duration of the use.

Site Description

The application concerns a grassed and mounded amenity area with three mature ornamental trees on it and a tarmac path running across it that leads to the footway adjoining the access road that serves the taxi rank in the Pentagon Centre. The site (which is owned by the Council) is bounded respectively to the south east and south west by the Pentagon

DC0902MW 13 Centre car park/bus station and Mountbatten House. It lies opposite the amenity area between Military Road and The Paddock and is generally open to views from the north. To the south it is bordered by a tarmac path that leads to Mountbatten House. The site measures approximately 0.05 hectares in area.

Proposal

The application seeks permission to construct a part single, part two and part four storey building with external open terraces at ground level at each end, with a balcony at first floor level above the single storey elements to the front and northern end. The major central part of the building would be set beneath a distinctive double curved canopy roof supported by outward leaning steel columns from the front of the building which would provide enclosure to the balcony. To the rear and at each end the building would comprise two and four storey brick encased towers with the latter providing staircase and lift access to the service road in the Pentagon Centre car park.

The building would be fitted out to provide food and drink serving, preparation, storage and washing up areas with internal and external terrace table/seating areas and customer washing/toilet facilities. The greater part of the accommodation would be at ground and first floor levels and the second and third floors would only comprise lifts, staircases, plant, stores, office and staff toilets. It is to be noted that with only minor design changes, the scheme is similar to one submitted under reference MC/99/0099/MG which was the subject of a resolution for approval.

Relevant Planning History

MC/998/0750 Outline application for the erection of a licensed bar with food facilities (Class A3) Withdrawn 5th February 1999

MC/99/0099MG Erection of a licensed premises with food facilities (Class A3) Resolution to approve subject to conclusion of a Section 106 Obligation 14th April 1999.

Representations

The application has been advertised on site and notification letters have been sent to the occupiers and owners of: nos. 1 to 11 (consecutive) the Brook, no. 28 Military Road, Mountbatten House and the Pentagon Centre Management.

Transco South East has written to advise that records show there is a gas main which passes under the front of the site (this fact has been drawn to the attention of the applicants).

The Licensing Department at Kent County Constabulary has drawn attention to concerns it had with regard to the position of the external ground floor terrace and possible disorder issues arising therefrom when a licence was previously applied for in 1999.

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Development Plan Policies

Kent Structure Plan 1996:

Policy S1 (Sustainability) Policy S8 (Town Centres) Policy NK2 (Medway Towns) Policy ENV15 (Built Environment) Policy ENV16 (Urban Land) Policy T13 (Town Centre Parking)

Medway Towns Local Plan 1992:

Policy B16 (New Development) Policy B20 (New commercial Development) Policy R10 (Food and Drink) Policy T11 (Town Centre Parking) Policy T13 (Vehicle Parking Standards)

Medway Local Plan (Deposit Version) 1999:

Policy S1 (Development Strategy) Policy S2 (Strategic Principles) Policy S5 (Medway’s “City” Centre) Policy BNE1 (Built Development) Policy BNE2 (Amenity Protection) Policy R1 (Chatham – Retail Core Area) Policy T11 (Development Funded Transport Improvements) Policy T13 (Parking Strategy)

Planning Appraisal

The site is located within the recognised Chatham Town Centre and main retail area in both the adopted Local Plan and the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). In the adopted Local Plan this site is excluded from the primary shopping area, while the emerging Local Plan includes it within the core retail area. The emerging Local Plan also includes it within the envisaged redevelopment area that extends up to the riverside, as part of the ‘Chatham Vision’ area.

With respect to the provision of Class A3 establishments both the adopted and emerging Local Plans provide for a general presumption in favour of them in the retail centre of Chatham and its core area subject to consideration of traffic implications and a balance between them and other uses. The site is exceptionally well located in regard to public car parking, being immediately adjacent to the multi-storey in the Pentagon and the Globe Lane surface car park, as well as other transport services in the form of the adjoining bus station and the taxi rank at the Pentagon Centre. Since the development is new build it would not be at the expense of any existing facility. Accordingly although the site is unable to provide on- site car parking, there is no objection to the principle of the proposals.

DC0902MW 15 It is to be noted that a similar view was taken by Members in resolving to approve the earlier similar scheme under reference MC/99/0099MG. That decision was made subject to a requirement for a contribution £20,000 towards the provision of public transport facilities. However because of a combination of funding difficulties, a need to provide for the re-routing of services under the site and the lack of a specific interested occupier, the Obligation was not concluded and neither the permission nor the scheme has proceeded. In relation to the present application a public transport contribution is considered to be unnecessary to service the development given the facilities currently available and the absence of any relevant programmed scheme requiring funding.

The design of the building is good and embodies the distinctive roof, external structural elements and materials envisaged with the earlier scheme. It undoubtedly offers a significant improvement to the surrounding street scene and the appearance of Chatham at this undistinguished end of the Pentagon Centre and is consistent with the emerging Local Plan’s intentions for regenerating this part of Chatham.

Impacts on the amenity of neighbouring property will be insignificant. The premises most affected are the offices at Mountbatten House, which has a pedestrian entrance immediately adjacent to the site, as does the shopping centre. In regard to this and the observations of the Police, it is considered appropriate to apply a planning condition requiring attention to measures for screening the effects of the open ground floor terrace at this point on pedestrians using the adjoining footpath.

The application is recommended for approval.

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5. MC2001/1280

Date Received: 24th July 2001

Location: 55 Poplicans Road, Cuxton, Rochester, Kent, ME2 1EJ

Proposal: Construction of single storey front, side and rear extension

Applicant: Mr & Mrs J Malthouse 55 Poplicans Road Cuxton Rochester Kent ME2

Agent: Mr M Cheeseman 83 Charles Drive Cuxton Rochester Kent ME2 1DT

Ward: Cuxton & Halling

Recommendation - Approval with Conditions

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

Site Description

The application site comprises a two storey, semi-detached property with parking to the front. The property has been extended at roof level with front and rear dormer windows. The side and rear garden areas are enclosed by boundary treatment of varying heights around the property. The property is set approximately 1.5 metres below the level of an adjoining property and in particular its side hardstanding at 57 Poplicans Road. Poplicans Road is characterised by residential properties and slopes in an easterly direction.

Proposal

This application proposes the erection of a single storey front, side and rear extension to comprise study, shower room, utility room and kitchen. A hipped roof design is proposed with sky lights in the roof space on the western slope to the roof. The extension would project approximately 1.5metres to the front and by 3.0metres at the rear. This addition would extend to the side of the side boundary wall and hardstanding for 57 Poplicans Road.

Relevant Planning History

ME89/883 Loft conversion Approved 28th August 1989

DC0902MW 17

Representations

Notification letters have been sent to the owners and occupiers of the following properties: 53, 57, 58 and 60 Poplicans Road and 22 and 24 Nine Acres Road, Cuxton.

One letter has been received objecting on the following grounds:-

- loss of access to a retaining wall for maintenance purposes;

- potential water/damp and foundation problems associated with the siting of the extension close to the retaining wall;

- potential for inconvenience caused as the side flank wall will result in the occupant of no.57 no longer being able to open their car doors along the side of their property;

- overshadowing caused by the siting of the extension;

- loss of light, view and outlook; and

- the scheme would result in inadequate access to main drainage points in the rear garden.

Development Plan Policies

Kent Structure Plan 1996:-

Policy ENV15 (Built Environment)

Medway Towns Local Plan 1992:

Policy B16 (New Development) Policy B19 (Extensions to Residential Properties) Policy T13 (Parking Standards)

Medway Local Plan (Deposit Version) 1999:

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy T12 (Parking Standards)

Planning Appraisal

This application falls to be assessed against the provisions of Policy ENV15 of the Structure Plan, Policies B16 and B19 of the adopted Local Plan and Policies BNE1 and BNE2 of the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). These policies seek to ensure that additions to residential properties do not detract from the character and appearance of an area or the amenities of adjoining residents.

The works proposed offer a significant addition to the ground floor level of the property. In street scene terms the front projection would not detract from the building’s appearance or

DC0902MW 18 that of the street as a whole. At the rear, the single storey projection of 3 metres would not detract from the overall character of the area. In terms of visual impact, the extension would be set at a lower level than the nearest most affected property at 57 Poplicans Road and with this in mind and taking into consideration the shadow cast by the existing building and boundary treatment, no objection is raised in this regard. Due to the lower level of the extension, it would in part be seen from a side kitchen window serving no.57, but would not be overly dominant. It should be noted that in its self the loss of a view is not a material planning consideration.

In terms of potential impact on the existing boundary wall and drainage system, these are civil issues to be addressed by affected residents. There are no highway implications arising from this proposal.

Taking the above matters into consideration the application is viewed as being in accordance with the cited Development Plan policies and the application is recommended for approval.

[This application would normally fall to be determined under officers’ delegated powers but is reported for Members’ consideration at the request of Councillor Bamber.]

DC0902MW 19

6. MC2001/1323

Date Received: 1st August 2001

Location: 172a High Street, Rochester, Kent, ME1 1EX

Proposal: Change of use of first floor from retail (Class A1) to ancillary use in connection with ground floor internet cafe use (Class A3)

Applicant: Mr & Mrs Ayers 172 High Street Rochester Kent ME1 1EX

Agent:

Ward: Troy Town

Recommendation - Approval with Conditions

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

2 There shall be no sales of hot food directly to the general public for consumption off the premises.

3 The development shall not be brought into use until arrangements for the conduction and extraction of fumes have been made in accordance with details submitted to and approved in writing by the Local Planning Authority and such arrangements shall thereafter be maintained for the duration of the use.

Site Description

This application concerns the presently vacant first floor of a 2 storey end of terrace property, with basement. This property is situated at the High Street’s junction with Bishops Walk and it is presently occupied as an internet café on the lower two floors under the terms of a planning permission granted last year. There is a separate front door serving the first floor. The premises possess no off-street parking facilities. The site lies within the Rochester High Street Conservation Area.

In this part of the High Street there are a mixture of shop (Class A1), financial and professional services (Class A2) and food and drink (A3) uses on the ground floors of premises, with an emphasis upon retail shop usage. The upper floor accommodation is in a similar mix of ancillary uses although there is some limited residential use.

Proposal

It is proposed to convert the first floor for use as ancillary accommodation to the café use on the lower floors. In this regard internal works would be undertaken to provide two toilet suites (for male and female use); two rooms at the front would be used for storage purposes and the kitchen at the rear would be retained to serve the café and replace the cooking facilities

DC0902MW 20 presently on the ground floor. There is a door leading from the ground floor to the side corridor which leads to the stairs up to the first floor and this would be brought back into use. The opening hours of the café are from 9.30am to 6.00pm on Mondays to Saturdays inclusive and from 11.00pm to 6.30pm on Sundays and Bank Holidays. The café is subject to a planning condition prohibiting take away sales and employs 2 full-time and 5 part-time members of staff.

Relevant Planning History

ME/86/1201 New shop front and part change of use of ground floor from shop to residential use. Approved 17th February 1987.

ME/90/0523 Change of use of rear part of ground floor to retail and change of use of first floor to retail use. Approved 31st July 1990.

MC1999/6025 Change of use from shop (Class A1) to café with internet access facilities. Approved 25th January 2000.

Representations

Neighbour notification letters have been sent to the occupiers and owners of 151 to 157 (odd nos. inclusive) and 168, 170, 174 and 176 High Street and 1 to 9 (consecutive) Bishops Walk.

No letters of representation have been received.

Development Plan Policies

Kent Structure Plan 1996

Policy ENV15 (Built Environment) Policy ENV17 (Conservation Areas)

Medway Towns Local Plan 1992

Policy B 4 (Conservation Areas) Policy B16 (New Development) Policy R1 (Main Retail Centres) Policy R10 (Food and Drink) Policy R11 (Rochester City Centre) Policy T13 (Parking)

Medway Local Plan (Deposit Version) 1999

Policy BNE15 (Development in Conservation Areas) Policy R7 (Rochester City Centre) Policy R16 (A2 & A3 Uses and Change of Use) Policy T12 (Vehicle Parking Standards) Policy T13 (Parking Strategy)

DC0902MW 21

Planning Appraisal

The application was originally submitted as a change of use from a residential use; however although the accommodation has been used residentially on intermittent occasions in the last few years its authorised use in planning terms is Class A1 retail which arises from the planning permission which was granted in 1990 and subsequently implemented.

The property falls within a shopping centre recognised in the adopted Local Plan and the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan) and in this context both the adopted and emerging Local Plans have policies (respectively R10 and R11 and R7 and R16) which control changes from Class A1 use to Class A3 uses and require consideration to be given to cumulative effects on the retail vitality of the locality concerned. The proposal in this case relates to an existing permitted ground floor use and concerns accommodation which has no bearing on the present appearance of retail vitality of the locality and would be complementary to the facilities available for local people and tourists. In these circumstances the application would not conflict with these policies.

With regard to considerations of amenity and the character of the Conservation Area, the café use and opening hours are viewed as being appropriate to existing uses in the locality. The proposed use, subject to the provision of satisfactory ventilation and fume extraction arrangements should not give rise to any harm to the amenities of neighbours.

The property possesses no off street parking facilities however it is within reasonable proximity to two public car parks (The Terrace and Almon Place) and is in an area where a situation of car traffic restraint applies. The present use caters essentially for local pedestrian customers who are already in the locality for other reasons and since it relates to an existing use it would not involve any undue generation of additional vehicles. Accordingly no planning objection is raised to the proposals in regard to traffic or parking matters.

Accordingly the application is recommended for approval.

DC0902MW 22 7. MC2001/1372

Date Received: 3rd August 2001

Location: Wainscott Cp School, Wainscott Road, Wainscott, Rochester, Kent, ME2 4JY

Proposal: Application Under Regulation 3 of the Town and Country General Planning Regulations 1992 for construction of extension to provide hall, kitchen, toilets, store, lobby, corridor and hall for use by the community.

Applicant: Director Of Development And Environment Compass Centre Pembroke Chatham Maritime Chatham, Kent ME4 4YH

Agent: Mr MA Carnt Design and Surveying Team Medway Council Annex B, Civic Centre Strood Rochester Kent ME2 4AU

Ward: Frindsbury Extra & Chattenden

Recommendation:

Members resolve to approve the application at the expiry of the consultation period subject to there being no representations received after the Committee date and before the end of the consultation period which raise new issues not already considered within this report subject to the following conditions:

(as amended plans received on 21st September 2001 resiting building further east and site outline in red to exclude public alleyway; supporting statement received 21st September 2001; and additional plans and information received on 1st October 2001 and 2nd October 2001.)

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

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

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

DC0902MW 23

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

c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this Condition and the ground levels within those areas shall not be altered, nor shall any excavation be made without the written consent of the Local Planning Authority.

4 The extension hereby permitted shall only be used in association with the use of the premises for school use and visiting sports clubs only and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification unless otherwise first agreed in writing by the Local Planning Authority.

5 The use of the extension hereby approved shall only operate between the hours of 0800 to 2200 Mondays to Saturdays inclusive and between the hours of 0900 and 21.30 on Sundays and Bank Holidays with no opening on Christmas Day.

6 Before the development is brought into use measures to control the emission of sound from the premises shall be implemented in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority and all works which form part of the approved scheme shall be completed before the extension is brought into use and shall thereafter maintained for the duration of the development.

7 No windows or doors other than those shown on drawing numbers ED/MC/2210- 1A; ED/MC/2210-2A and ED/MC/2210-3A shall be installed in the extension hereby approved without the prior written approval of the Local Planning Authority and the windows in the western elevation of the hall shall be non-openable. The exterior door in the western elevation serving the extension shall be kept secured in the closed position after 1800 hours except when it is required for access or for the purposes of emergency escape from the building.

8 No public address system or loud music systems shall be used in relation to the proposed development unless otherwise first agreed in writing by the Local Planning Authority.

9 The extension hereby approved shall not be available for private hire (including wedding receptions and other social functions) or for a purpose not ancillary to the use of the school or sports clubs unless otherwise first agreed in writing by the Local Planning Authority.

DC0902MW 24 10 No development shall take place until full details of hard landscape works have been submitted to and approved by the Local Planning Authority and these works shall be carried out as approved. These details shall include hard surfacing materials.

11 All hard landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

12 Means of vehicular access to the development hereby permitted shall only be between 69 and 71 Wainscott Road. .

13 Prior to the commencement of development details of the gates and railing adjacent to Wainscott Road shall be submitted to and approved in writing by the Local Planning Authority. The approved details, including the pedestrian access into the school grounds shall be provided on site prior to the extension being brought into use.

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

15 The existing playground associated with the original school building and situated in front of the newer school buildings must not at any time after 1800 hours weekdays or public holidays be used for vehicular car parking (except in an emergency) without the prior written approval of the Local Planning Authority.

16 Prior to the commencement of development, details of cycle parking provision shall be submitted to and approved in writing by the Local Planning Authroity and the approved facilities shall be provided prior to the commencement of use of the extension.

17 The area detailed for visiting club parking on car parking allocation drawing no. ED/MC/2210-4A submitted on 2nd October 2001 shall be kept available for car parking at all times that the extension is open for use by visiting clubs.

18 During construction, provision shall be made to accommodate operatives and construction vehicles loading off-loading, parking and turning within the site in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.

19 Precautions shall be taken during construction to prevent the deposit of mud and similar debris on the adjacent public highways in accordance with details submitted to and approved in writing by the Local Planning Authority.

Site Description

DC0902MW 25 This application relates to Wainscott Primary School situated to the east of Wainscott Road and within the Wainscott Village Centre, which is an area on the outer edge of the urban area.

Within the school site is the original school building fronting Wainscott Road and new single storey building located further back in the site and behind the concrete playground area of the original school

The existing vehicular access to the school is via a service road situated between two residential properties at 69 and 71 Wainscott Road. This leads onto a car parking area with approximately 16 car parking spaces used by staff and parents. Between this access road and the original school building are a detached house and a pair of semi detached cottages.

Within the school grounds to the north and east of the car park is the Air Training Corps building which is used 2 evenings per week from 1800 to 2200 hours and on two Saturdays per month. The ATC have a staff of approximately 6. The cadets are aged 13-21 years whilst their average attendance is 35. Only the staff use cars and park in the 3 car parking spaces behind the ATC building which are shared with the children’s nursery staff. To the south of this is a temporary building used as a private children’s nursery for up to 30 children aged 2 – 4 years run by two staff and which operates Mondays to Fridays 0730 to 1730 hours including before and after school clubs. To the south east of the newer school buildings are two sports fields. The perimeter of the school grounds is predominantly screened by hedgerow and trees including a tall row of poplar trees on the boundary with 77 to 109 Wainscott Road which were planted in association with the construction of the Wainscott Bypass.

Directly to the north of the school grounds is a field, to the east is the Wainscott Bypass, to the south is a field; to the west and south of the original school building are terraced dwellings.

The area is generally residential with Wainscott Village Centre to the north.

Proposal

This application is for the erection of an extension, double storey in height, to the south east of the new school building and linked to it by a single storey flat roofed corridor. The building will provide toilets, store, kitchen, lobby and a large hall.

The building will have a width of 12.2 metres; a length of 24 metres and a height to the eaves of 6.5 metres and 9.1 metres to the apex of the pitched roof. The link corridor has a width of 2.3 metres, length of 8.3 metres and 3.3 metres to the flat roof. Materials are proposed to match the existing school. Large areas of glazed windows are proposed on the western front and eastern rear elevations. The supporting statements indicate that the hall will be multi- purpose in order to serve the community. It is intended that the public will gain access from an independent pedestrian gate formed within the existing school boundary wall on Wainscott Road. This will include provision for the disabled.

The proposed hall would enable the school to fulfil its obligations under the National Curriculum to provide PE facilities for its pupils aged 7 to 11 years. In addition it would provide a quality facility for curricular and extra curricular activities such as dance, drama, sports – not just for the benefit of the pupils, but also the wider community.

DC0902MW 26 The hall will only be used by the general public after school hours, at weekends and during school holidays at which times the existing school car park will be available. During the working week the majority of school staff cars will have vacated the site by 1630 hours and therefore it is proposed that the hall facilities would be available to the community from 1600 hours until 2200 hours.

The applicant has supplied the following additional information.

The existing school hall within the old school is currently used by 3 different clubs: two for pupils of Wainscott School one day per week, term time only, between 1530 and 1630/1700 hours; the third is a slimming club for approximately 20 adults 1830 to 2030 hours one day per week all through the year, most of which are local members and therefore walk or park in Wainscott Road. In addition a number of school based after school clubs (football, gymnastics, netball etc) are run by teaching staff at different times of the year throughout each term.

It is proposed that these current users will use the new hall along with prospective local groups who have shown possible interest such as various sporting groups and Brownies.

The business plan proposes community use hours in term time to be Mondays to Fridays 1700 hours to 2200 hours; Saturdays and Sundays 0900 hours to 1800 hours. During holiday time (except for Christmas) the proposed hours are Mondays to Fridays 0900 hours to 2200 hours and Saturdays and Sundays 0900 hours to 1800 hours.

The funding will come from the Space for Sports and Arts Programme. Space for Sports and Arts is a collaboration between the government and three National Lottery Distribution bodies – Sports England, The New Opportunities Fund and The Arts Council of England. Facilities funded under the scheme must be open outside school hours at evenings, weekends and during school holidays for use by individuals, sports and arts clubs, and local authority sponsored groups. The bid must be submitted by 31st October 2001 with planning permission granted.

The applicant confirms that it is not the intention of the governing body to demolish the old building. When the new school hall is built the old building will be redundant. In the long term it is hoped that the ATC and the nursery club will relocate from their temporary buildings into the original school building. Failing this, the facility will be offered by the governing body to the most suitable applicant subject to Local Education Authority authorisation and planning requirements.

Relevant Planning History

MC2001/0920 Erection of a temporary building for use as a nursery. Approved 25th June 2001 and to be removed by 30th June 2006.

Representations

This application has been advertised on site and notification letters have been sent to the owners and occupiers of the following properties: 65 to 111 (odds) Wainscott Road and 26 to 60 (evens) Wainscott Road.

DC0902MW 27 Three letters of objection have been received including one with a petition of 21 signatures expressing the following concerns:-

- concern that alleyway adjacent to 77 Wainscott Road should not be used, public pedestrian access should be entirely within the school grounds:

- public car parking for the community use of the school is not mentioned, unless a car park is designated, parking will be on Wainscott Road and neighbouring streets, aggravating existing car parking problems; and

- the trees on the western boundary with Wainscott Road should be protected and if necessary a Tree Preservation Order served.

Frindsbury Extra Parish Council have written advising they have no objection in principle to the development but have concern regarding the details as submitted and reiterate all the above concerns.

Reconsultation has been undertaken following the receipt of the amended plans and additional information.

Development Plan Policies

Kent Structure Plan 1996 :

Policy ENV15 (Built Environment) Policy SR2 (Sport and Recreation Facilities)

Medway Towns Local Plan 1992:

Policy B16 (New Development) Policy L4 (New Leisure and Tourism Facilities) Policy T1 (Impact of New Development on Highway Network) Policy T2 (Intensification of existing access) Policy T13 (Parking Standards) Policy H5 (Protection of residential areas)

Medway Local Plan (Deposit Version) 1999 :

Policy BNE1 (General Principles of Development) Policy BNE2 (Amenity Protection) Policy L2 (New Leisure Facilities) Policy T1 (Impact of Development) Policy T2 (Access to the Highway) Policy T12 (Vehicle Parking Standards)

Planning Appraisal

Policies SR2 of the Kent Structure Plan 1996 and L4 of the Medway Towns Local Plan 1992 (the adopted Plan) state that initiatives for the provision of leisure, sports and formal recreation facilities shall generally be considered favourably and should be well related to the transport network. Policy L2 of the Medway Local Plan (Deposit Version) 1999 (the emerging Plan) states that leisure uses proposed outside town centre and edge of centre locations will

DC0902MW 28 only be permitted when it can be demonstrated that the proposal: is inappropriate within a town centre or edge of centre location; would not adversely affect the strategy for or, the vitality and viability of Chatham town centre or other nearby town centres; has followed the sequential test in that there are no alternative, suitable and available locations in, or on the edge of Chatham town centre, the other town centres or in other edge of centre locations; would have no significant detrimental impact on neighbouring land uses or residential amenity and; is highly accessible by public transport, affords good opportunities for access by pedestrians and cyclists and is sited near the primary or secondary road network.

Policies B16 of the adopted plan and BNE1 and BNE2 of the emerging Plan state that proposals for new development should not detract from the existing pleasant appearance and character of an area. Proposals should be acceptable in terms of; use, scale, mass, proportion, details, materials, layout and siting; respect the scale, appearance and location of buildings, spaces and the visual amenity of the surrounding area. The design of development should have regard to: privacy, daylight and sunlight; noise, vibration, light, heat, smell and airborne emissions; activity levels and traffic generation.

Policy H5 of the adopted Local Plan seeks to ensure that new development within predominantly residential areas does not detract from the residential amenities of the surrounding area.

Planning Policy Guidance Note 17 (Sport and Recreation) considers development on playing fields and advises that playing fields should be protected except where sports and recreation facilities can best be retained and enhanced.

The school is concerned that its existing indoor sports/recreation facilities are inadequate to meet the requirements of its pupils and this has been confirmed in its Ofsted report. The proposed hall complex will meet the requirement under the National Curriculum.

Although the hall will encroach onto the playing field area it will not affect the area formally laid out for games and the submitted plans demonstrate how the existing sports pitches can be retained. In addition it is considered that adequate space remains within the curtilage of the school grounds to accommodate the outdoor facilities required by the school. In these respects it is therefore considered that the proposal meets the guidelines and advice set out in Planning Policy Guidance Note. 17.

It is further considered that the proposed use is acceptable in this location being within an existing playing field facility for a school and close to public transport and cycle routes. The development will provide a unique facility for both the school and a benefit for the surrounding community with evening access and daytime access during school holidays and at the weekends.

In visual terms the building has been designed to reflect its usage with elements of glazing to break up the façade of walling. Materials will be used that match the existing new school building. It is not considered that the proposed hall in the location proposed, set well back in the site, screened by the existing perimeter trees and hedgerow and of the design proposed, would be detrimental to the character of the area.

With regard to considerations of adjoining residential amenity, properties to the west in Wainscott Road lie more than 47 metres from the site. Because of this, coupled with the existing tree screen, the proposal would result in little physical impact on the majority of properties adjoining the site. However, it is considered appropriate to restrict the usage and

DC0902MW 29 hours of use of the hall in the interests of the residential amenities of occupiers of adjoining properties.

With regard to highway matters, this application would propose the use of the centre by the school during the school hours and by Clubs outside of these hours when on site parking would be available. As the proposal is unlikely to result in significant additional vehicular attraction, it is not considered there is a justification for the development to fund traffic calming in Wainscott Road and that the existing vehicular access and proposed new pedestrian access onto Wainscott Road is acceptable. The proposal therefore accords with Policies T1 and T2 of the adopted and emerging plans.

The adopted Vehicle Parking Standards advise that in relation to such sporting proposals each scheme should be assessed individually and as such the provision of the existing parking spaces is considered to be sufficient to serve the use of the hall both during school hours and when the school is closed. The proposal will retain all the trees adjacent to the western boundary to the rear of properties in Wainscott Road.

A permission is recommended with appropriate conditions to control the use.

[This application would normally be determined under delegated powers but is being reported to committee as a result of the level of representation received. This application is reported as an urgent item and Medway Local Education Authority was invited to bid for funds to support the development of quality spaces and facilities for sports and arts activities in schools, for school and community use. The bid must be submitted by 31st October 2001 with planning permission granted. The additional consultation period expires on the 18th October 2001 resulting in the earliest next Committee of 1st November 2001 which will be too late. Consequently, Members cannot approve the application at this meeting and they are requested to resolve to approve and for the decision to be issued on the 18th October 2001 subject to no representations being received between the committee date and the 18th October 2001 which raise issues not already addressed within this report.]

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8. MC2001/1380

Date Received: 1st August 2001

Location: Land at Tudor Farm, Stoke Road, Lower Stoke, Rochester, Kent

Proposal: Outline application for the construction of one detached house with attached garage

Applicant: Mr D Clarke Liberty's Grain Road Lower Stoke Nr Rochester Kent ME3 9RE

Agent: Mr L R D Simmons 46 Downsview Chatham Kent ME5 0AL

Ward: All Saints

Recommendation - Refusal

1 The proposed development would be outside the confines of any recognised town or rural settlement and would prejudice the character and appearance of the surrounding countryside in conflict with Policies ENV1, RS2 and RS5 of the Kent Structure Plan 1996, Policy C1 of the Medway Towns Local Plan 1992 and Policies H12 and BNE26 of the Medway Local Plan (Deposit Version) 1999.

Site Description

The application site is an area of land between the existing residential properties 'Tudor Heights' and 1 Tudor Farm Cottages and is currently occupied by two garages and a shed. The site is bounded by: trees to the north; a hedge to the east along the boundary with 1 Tudor Farm Cottages; and a 1.8m high fence to the boundary with 'Tudor Heights' to the west. The immediate area (Tudor Farm) forms a small development of residential properties also consisting of 2 Tudor Farm Cottages, Tudor Farm House and 'The Lodge'. All of these properties are accessed via a private track leading from Stoke Road. The area is not readily visible to public view.

Proposal

The application seeks outline permission to construct a detached house to be accessed from the same road that serves 'Tudor Heights' and 'Tudor Farm Cottages'. With the exception of means of access, all other matters (external appearance, siting, landscaping and design) are reserved for future consideration. An indicative block plan has been submitted with the application showing the proposed house possessing a foot print of at least twice that for Tudor Farm Cottages and Tudor Heights.

DC0902MW 31

Representations

A site notice has been placed on the site together with a press notice. Letters of notification have also been sent to owners /occupiers of Tudor Heights, 1& 2 Tudor Farm Cottages, Tudor Farm and The Lodge, all at Stoke Road, Stoke.

No representations have been received.

Development plan policies

Kent Structure Plan 1996 (KSP 1996)

Policy ENV1 (Countryside) Policy RS1 (Rural Development) Policy RS2 (Housing at Rural Settlements) Policy RS5 (Development in the Countryside)

Medway Towns Local Plan1992 (MTLP 1992)

Policy C1 (Rural Areas) Policy C12 (Agriculture) Policy C13 (Areas of Special Significance for Agriculture) Policy T13 (Car Parking)

Medway Local Plan (Deposit Version) 1999

Policy BNE1 (General Principles for Built Development) Policy BNE2 (Amenity Protection) Policy BNE26 (Development in the Countryside) Policy H12 (Residential Development in Rural Settlements) Policy T12 (Parking Standards)

Planning Appraisal

The site is located within the open countryside and is outside any recognised rural settlement identified in either the adopted Local Plan or the Medway Local Plan (Deposit Version) 1999 (the emerging Local Plan). The adopted Local Plan also identifies the site as being within an Area of Special Significance for Agriculture, however this notation has now been dropped for Development Plan purposes as a consequence of recent changes to national farming policy.

Considerations of the countryside landscape and character and the need to protect it for its own sake (Policy ENV1 of the Structure Plan) are the paramount considerations for this proposal in Development Plan policy terms. There is a clear pattern of refusal with consistent support from the Secretary of State to the principle of residential development in the rural area in general.

DC0902MW 32 The applicant’s agent in a supporting statement submitted with the application has recognised that this form of development in the countryside is controlled by policies of restraint and that it is unacceptable in principle and contrary to Policy RS5 of the Structure Plan, Policy C1 of the adopted Local Plan and Policy H12 of the emerging Local Plan. However, the applicant has sought to justify this proposal in terms of Policy RS2 of the Structure Plan on the basis that this policy, in villages and small rural towns, allows for modest infilling. However it is considered that the proposal fails on two counts under Policy RS2. First, the site does not fall within a recognised settlement and it is clear that the houses adjacent to the site form an isolated group of development in the open countryside. Second, the houses adjacent to the site do not form 'a substantial built up frontage' in this area. Two houses with a gap in between do not represent a substantial number of houses fronting the access track. They represent an isolated sporadic form of residential development. It is therefore considered that a new dwelling in this location would prejudice the open character and rural appearance of the surrounding countryside and would not protect the countryside for its own sake.

The propsal is therefore in conflict with Policies ENV1, RS2 and RS5 of the Kent Structure Plan 1996, Policy C1 of the Medway Towns Local Plan 1992 and Policies H12 and BNE26 of the Medway Local Plan (Deposit Version) 1999.

Notwithstanding this in principle objection to the application it is considered that the site could be developed in a manner that would not detract from the amenities of the occupiers of adjoining properties, ie the development would not give rise to a loss of privacy or disturbance. No highway objections are raised to the proposal.

The application is recommended for refusal for the reasons stated.

DC0902MW 33